* * * A G E N D A * * *
May 25, 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 – March 9, March 23 and April 13, 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:
(Tabled from May 11th meeting)
9. New Business:
Authorizing Purchases Over $800 – Excavation at 3 Corners
D. Resolution No. 2005-102
Authorizing Payment of Borough Bills
10. 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.
11. Executive Session
12. Adjournment
Mayor Reynolds called the meeting to order at 7:30 P.M.
Roll Call: Present: C/Soden, C/Rucker, C/Simon, C/D’Agostino, C/Palmieri
Absent: C/Gallagher
Also present were Julie Martin, Municipal Clerk and Lynn Tillman, Deputy Municipal Clerk.
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.
Approval of Minutes – March 9, March 23 and April 13, 2005
There being no corrections, deletions, or additions, a motion to approve the Minutes of March 9, 2005 was offered by C/Simon and seconded by C/Soden. Passed on the following roll call:
Roll Call: Ayes: C/Soden, C/Rucker, C/Simon, C/D’Agostino
Nayes: None
Abstain: C/Palmieri
Absent: C/Gallagher
There being no corrections, deletions, or additions, a motion to approve the Minutes of March 23, 2005 was offered by C/Simon and seconded by C/Soden. Passed on the following roll call:
Roll Call: Ayes: C/Soden, C/Rucker, C/Simon, C/D’Agostino, C/Palmieri
Nayes: None
Abstain: None
Absent: C/Gallagher
There being no corrections, deletions, or additions, a motion to approve the Minutes of April 13, 2005 was offered by C/Simon and seconded by C/Soden. Passed on the following roll call:
Roll Call: Ayes: C/Soden, C/Rucker, C/Simon, C/Palmieri
Nayes: None
Abstain: C/D’Agostino
Absent: C/Gallagher
John Bennett, Borough Attorney arrives at 7:32 P.M.
Committee Reports
C/Rucker states nothing at this time.
Mayor Reynolds states regarding the Sanford Park restrooms, the water is now working. The contractor has scheduled an electrical inspection for Thursday morning. Upon approval JCP&L will schedule to hook up power and install a meter. Restoration to the disturbed pavement and grass is scheduled to be completed next week weather permitting. In regard to the generator, the contractor’s plumber has been delayed by the gas company, which must set a new meter. This is scheduled for around June 1st. A two- hour power shut down, coordinated with JCP&L is also required in order to wire the generator.
C/Palmieri states we are working on the Memorial Day Parade, which will be on Monday May 30th. It will be leaving the Post Office in Manalapan at 2:00 P.M.
C/Soden states nothing at this time.
C/D’Agostino states nothing at this time.
C/Simon states the police activity report from May 7th – May 19th there were 548 calls and 109 motor vehicle stops.
Correspondence
Julie Martin, Municipal Clerk states the upcoming primary elections will be held on Tuesday, June 7th. Polls will open here from 6:00A.M.and 8:00P.M. Our annual free rabies clinic is scheduled for Tuesday, June 14th between the hours of 6 – 7:30 P.M. at which time Borough residents can license their pets.
Public Portion – Agenda Items
Mayor Reynolds opened the floor to the public for discussion limited to agenda items only.
Jayne Carr, Main Street states I had asked at the last meeting if we had paid the engineer twice for the Sanford Park bathrooms.
Julie Martin, Municipal Clerk responds there were new drawings drawn up.
Jayne Carr asks was the generator paid for with Homeland Security Funds?
Himanshu Shah, Borough C.F.O. responds I will look into it and get back to you.
Mayor Reynolds states, I will have that information for you at the next meeting.
There being no further questions or comments, a motion to close the public portion was offered by C/Soden and seconded by C/Simon. Passed unanimously.
Old Business
AN ORDINANCE AMENDING AND SUPPLEMENTING TITLE 2,
“GENERAL LEGISLATION”, OF THE “CODE OF THE BOROUGH OF ENGLISHTOWN, NEW JERSEY”, IN ORDER TO AMEND THE BOROUGH’S HOUSING STANDARDS ORDINANCE.
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 Chapter 2.81, entitled “Housing Standards”, of the “Code of the Borough of Englishtown, New Jersey”, is hereby deleted in its entirety and shall be replaced with a new Chapter 2.81, to be entitled “Housing” as follows (additions are underlined):
2.81.01 Statement of purpose.
The provision of this chapter shall constitute the standards to guide the Director of Code Enforcement or his designee in determining the fitness of a building for human habitation, use or continued occupancy and to identify rental units within the Borough of Englishtown by establishing a rental property registration program. The provisions shall apply to existing residential structures and all existing premises and shall constitute minimum requirements and standards for the premises, structures, equipment, and facilities for light, ventilation, space, heating, sanitation, and life safety.
2.81.02 Definitions.
The words, terms or phrases listed below for the purpose of this chapter shall be defined and interpreted as follows:
ADMINISTRATIVE AUTHORITY – The Department of Code Enforcement of the Borough of Englishtown which is authorized by the adopting ordinance to administer the provision of this chapter.
AVAILABLE FOR RENT TO TENANT – Shall mean fit for habitation.
BUILDING - Any building or structure, or part thereof, used for human habitation, use or occupancy, and includes any accessory building and appurtenance belonging thereto or usually enjoyed therewith.
CERTIFICATE OF CONTINUED OCCUPANCY - The certificate issued by the Department of Code Enforcement of the Borough of Englishtown serves notice that based on a general inspection of all visible parts of the dwelling or dwelling units there is no unsafe condition found and the dwelling is approved for continued occupancy.
DWELLING - A building or structure, or part thereof, containing one (1) or more dwelling units and includes any building or structure offered for rent to one or more tenants or family units.
DWELLING UNIT – Any room or group of rooms, or any part thereof, located within a building and forming a single habitable unit with facilities, which are used or designed to be used for living, sleeping, cooking and eating.
EFFICIENCY UNIT – A dwelling unit containing only one habitable room.
GARBAGE – The animal and vegetable and other organic waste resulting from handling, preparation, cooking and consumption of food.
HABITABLE ROOM – A room or enclosed floor space within the dwelling unit used or designed to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers or communicating corridors, closets and storage spaces.
INFESTATION – The presence, within or around a building, of any insects, rodents or other pests.
INDIVIDUAL CONDOMINIUM UNITS – Shall be treated as separate and individual rental properties.
LODGING HOUSE – Any building, or part of any building, containing one (1) or more lodging unit, each of which is rented by one (1) or more persons not related to the owner.
LODGING UNIT – A rented room or group of rooms, containing no cooking facilities, used for living purposes by a separate family or group of persons living together or by a person living along within a building.
MAINTENANCE – Shall mean the cleanliness and proper working order and upkeep of all areas and facilities of the unit, building and or complex used by the owner, tenants, or the public.
OCCUPANT – Any person or persons in actual possession of and living in the building or dwelling unit, including the owner.
OWNER – Shall mean any person who owns any interest in any dwelling, building or apartment complex including but not limited to outright ownership, ownership through a partnership, corporation or limited liability company.
OWNER OCCUPIED – Shall mean the primary residential living unit of the owner of the property.
PERSON – As defined in N.J.S.A. 1:12-2.
PLUMBING FIXTURES – Include all installed receptacle or devices which are supplied with water or which receive or discharge liquid waste or sewage into the drainage system with which they are directly or indirectly connected.
PUBLIC OFFICER – The Director of Code Enforcement of the Borough of Englishtown or his designee.
RENTAL PROPERTY – Shall mean any structure or building which contains one or more individual residential rental units other than owner occupied structures or buildings.
RENTAL UNIT – A dwelling unit available for lease or rental purposes for living and dwelling purposes.
RUBBISH – Includes all combustible and noncombustible waste material, except garbage.
TENANTS – Shall mean those persons who have leased the unit from the owner regardless of the type of tenancy under which they occupy the unit and includes sub-tenants.
UTILITIES – Include electric, gas, heating, water and sewerage services, and equipment therefore.
2.81.03. Rental Property Registration.
A. No person(s), corporation or business entity shall offer any residential property for rent, lease without first
registering and obtaining a registration certificate from the Borough of Englishtown.
B. The owner of every rental property, with the exception of owner/occupied Properties, in the Borough of
Englishtown shall file a Rental Property Registration Application with the Department of Code Enforcement, the
form of which will be on file in the Department of Code Enforcement.
C. The Rental Property Registration shall be filed on an annual basis.
D. Registration Fee.
1. The annual registration fee shall be $200.00 per rental unit.
E. The Rental Property Registration Application shall include:
1. the name and address of all record owners of the rental property, building, or the rental business, including
all general partners in the case of a partnership and all members in case of a Limited Liability Company and all
shareholders in case of a corporation.
2. the name and address of a person who is authorized to accept notices from a tenant or the Borough and to
accept service of process on behalf of the record owner.
3. the name and address of the managing agent, and if applicable, the name address and telephone number of
the superintendent, janitor, custodian or other persons employed to provide regular maintenance services, and
the name and address of person to contact at any time in the event of an emergency affecting the dwelling or
and dwelling unit, including such emergencies as the failure of any essential service or system, and who has the
authority to make emergency decisions concerning the building or unit, including making or repairs.
4. the information contained in the Rental Property Registration Application must set forth information for each
unit within the rental property and must include all tenants in each unit.
5. the name and gender of each and every adult tenant in each rental unit. Children shall be listed by age group.
6. the name of the vendor of utilities, including electric, fuel oil, gas.
7. the owner of property or agent shall provide a floor plan of the unit for rental, which shall depict the number,
dimension and location of each room in the unit or structure.
8. in the event the tenancy change during the year, the owner of property, landlord, or managing agent shall
update the property's Rental Property Registration File with the Borough of Englishtown, prior to the issuance
of the Certificate of Continued Occupancy Certificate.
F. Right of Entry.
1. The Director of Code Enforcement or designee is authorized to enter the rental property or premises at
reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry
is refused or not obtained, the Director of Code Enforcement or designee is authorized to issue a summons to
appear in the Court of the Borough.
2. The Chief of Police of the Borough of Englishtown is authorized, and may appoint police personnel to
provide assistants to the Department of Code Enforcement for the enforcement of the provisions of this section.
2.81.04. Certificate of Continued Occupancy.
A. No owner, of any dwelling or dwelling unit shall rent, sell, renew the lease of, or otherwise permit occupancy of same or any part thereof by any person not a member of his/her family unless he/she shall first obtain a certificate of continued occupancy from the Department of Code Enforcement of the Borough of Englishtown. In the event of a lease, sale or other occupancy as above described without the issuance of a certificate of continued occupancy, both the owner and/or seller and the purchaser and/or lessee shall be deemed to have violated this section, and the Director of Code Enforcement or designee shall summon such person or persons before Borough Court of the Borough of Englishtown without further notice.
B. An owner shall make application for a certificate of continued occupancy in reasonable time prior to
closing of title on any residential premises. A certificate of continued occupancy shall be valid ninety (90) days after date of the issuance of the certificate after which the certificate will expire. An application for an extension may be applied for an additional ninety (90) days. A certificate of continued occupancy shall not be required when there is no change of occupancy.
2.81.05. Inspection Required.
A. Prior to the issuance of a certificate of continued occupancy, the Director of Code Enforcement or
designee shall conduct an inspection of the dwelling, dwelling unit, residential premises or any other building.
The inspection shall be in accordance with the provisions set forth in this Chapter.
B. The fee for a certificate of continued occupancy for all dwelling units shall be $100.00. The fee for an
extension of time for a certificate of continued occupancy shall be $ 50.00.
2.81.06. Rule-Making Authority and Modifications.
A. The Director of Code Enforcement or designee shall have authority as necessary in the interest of public health, safety and general welfare, to adopt and promulgate rules and procedures to interpret and implement the provisions of this ordinance and code; to secure the intent thereof; and to designate requirements applicable because of local climatic or other condition.
Whenever there are practical difficulties involved in carrying out the provisions of this ordinance or code, the Director of Code Enforcement or designee shall have the authority to grant modifications for individual cases, provided the code official shall first find that the special individual reason makes the strict letter of this ordinance or code impractical and the modifications is in compliance with the intent and purpose of the ordinance or code and that such modifications does not lessen the health and safety requirements. The detailed action granting modifications shall be recorded and entered in the department files.
2.81.07. General Requirements.
A. Responsibility.
1. The owner of the premises shall maintain the structure and exterior property in compliance with the requirements of this section. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with requirements of this section. Occupants, of a dwelling, rental unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit or premises which they occupy and control.
2.81.08. Property.
A. Exterior Property Areas.
1. All exterior property and premises shall be maintained in a clean, safe and sanitary condition
2. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in proper state of repair, and maintained free from hazardous conditions.
3. All accessory structures, including detached garages, fences and walls shall be maintained structurally sound and in good repair.
B. Exterior of Structure.
1. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks, and fences shall be maintained in good condition.
2. Buildings, dwellings, rental units shall have address numbers placed in a position to be plainly legible and visible from the street or road fronting on the property. The numbers shall contrast with their background and minimum of six inches (6”) in height.
3. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the wall or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
C. Interior of Structure.
1. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in sanitary condition.
2. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair.
3. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
4. Every foundation, floor, wall, ceiling, door, window, roof or other part of a building shall be kept in good repair and capable of the use intended by design, and any exterior part or parts thereof subject to corrosion or deterioration shall be kept well painted.
2.81.09. Rubbish and Garbage.
A. Garbage, rubbish or other organic waste shall be stored in watertight receptacles. Such receptacles shall
be provided with tight-fitting covers. At least one (1) garbage receptacle shall be provided for each dwelling
unit.
B. All exterior property and premises, and the interior of every structure, including common areas, shall be
free from any accumulation of rubbish or garbage.
C. All Recycling shall comply to Chapter 2.102 of the Borough of Englishtown Ordinance.
2.81.10. Lighting.
A. Every habitable room shall have at least one (1) window or skylight facing directly to the outdoors. The
minimum total window or skylight area measured between stops for every habitable room shall be eight percent
(8%) of the floor area of such room. Whenever walls or other portions of structures face a window of any
habitable room and are located less than three (3) feet from the window and extend to a level above that of the
ceiling of the room, such a window shall not be included in calculating the requirement minimum total window
area.
B. Every dwelling shall be provided with electrical service.
C. Every habitable space in a dwelling shall contain at least two separate and remote electrical receptacle outlets. Every laundry room, bathroom, and exterior electrical outlets, including outlets within six feet (6’) of the kitchen sink shall be ground fault circuit interrupter protected. Every bathroom and laundry room shall contain at least one receptacle. All receptacles, switches and junction boxes must be properly covered. Extension cords are not permitted. A clear and unobstructed path to the electrical panel shall be maintained.
D. Every portion of each staircase, hall, cellar basement, landing, furnace room, utility room and all similar non-habitable spaces located in a dwelling shall either natural or artificial light available at all times, with at least a sixty (60) watt standard incandescent light bulb.
E. Every portions of any interior or exterior passage way or staircase common to two (2) or more families in a dwelling shall be illuminated naturally or artificially at all times, with at least a sixty (60) watt standard incandescent light bulb. In dwellings comprising two (2) or more dwellings units, such illuminations shall not be required at all times if separate switches, convenient and readily accessible to each dwelling unit, are provided for the control of such artificial light by the occupants thereof.
F. Every bathroom and water closet compartment shall have either natural or artificial light available at all times, with at least a sixty (60) watt incandescent light bulb. Artificial lighting shall be controlled by a wall switch so located as to avoid danger of electrical hazards.
2.81.11. Ventilation.
A. Every habitable space shall have at least one operable window. The total operable area of the window in
every room shall be equal to at least 45 percent of the minimum glazed area.
B. Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces, except
that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air
exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors
and shall not be recirculated.
2.81.12. Heating.
A. Every dwelling shall have heating facilities which are properly installed, maintained in good and safe working condition, and are capable of safely and adequately heating all habitable rooms, bathrooms, and water closets compartments located therein to a temperature of at least sixty-five degrees Fahrenheit (65 F) when the outside temperature is zero degree Fahrenheit (0 F). The temperature shall be read at a height of three (3) feet above floor level at the center of the room. Cooking appliances shall not be used to provide space heating to meet the requirement of the section.
B. Every space heater, except electrical, shall be properly vented to a chimney or duct leading to the outdoors. Un-vented portable space heaters, burning solid, liquid or gaseous fuels shall be prohibited.
2.81.13. Means of Egress.
A. Every dwelling, dwelling unit or lodging unit, rental unit shall have a safe and unobstructed path of ingress and egress. Such path of ingress and egress shall not be through any other dwelling unit or part thereof and shall lead to a safe and open space at ground level accessible to a street.
2.81.14. Occupancy Limitations.
A. Dwelling units and rental units shall be arranged to provide privacy and be separate from other adjoining spaces.
B. Minimum room widths. A habitable room, other than a kitchen, shall not be less than 7 feet (2134 mm) in any plan dimension. Kitchens shall have a clear passageway of not less than 3 feet between counter fronts and appliances or counter fronts and walls.
C. Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than 7 feet (2134 mm).
Exceptions:
1. In one- and two-family dwellings, beams or girders spaced not less than 4 feet on center and projecting not more than 6 inches (152 mm) below the required ceiling height.
2. Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a ceiling height of not less than 6 feet 8 inches with not less than 6 feet 4 inches of clear height under beams, girders, ducts and similar obstructions.
3. Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least 7 feet over not less than one-third of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a clear ceiling height of 5 feet or more shall be included.
D. Area for sleeping purposes. Every bedroom occupied by one person shall contain at least 70 square feet of floor area, and every bedroom occupied by more than one person shall contain at least 50 square feet of floor area for each occupant thereof.
E. Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces.
Exception:
1. Units that contain fewer than two bedrooms.
F. Water closet accessibility. Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to at least one water closet and lavatory located in the same story as the bedroom or an adjacent story.
G. Prohibited occupancy. Kitchens and non-habitable spaces shall not be used for sleeping purposes.
H. Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table 2.81.14.
TABLE 2.81.14 – MINIMUM AREA IN SQUARE FEET
|
|
|
|
|
|
|
SPACE |
1-2 occupants |
|
3-5 occupants |
6 or more occupants |
|
|
|
|
|
|
|
Living Room |
N/A |
|
120 |
150 |
|
Dinning Room |
N/A |
|
80 |
100 |
|
Kitchen |
50 |
|
50 |
60 |
|
Bedrooms |
See |
|
Section |
D. |
|
|
|
|
|
|
I. Efficiency units shall meet the following requirements:
1. A unit occupied by not more than two occupants shall have a clear floor area of not less than 220 square feet. A unit occupied by three occupants shall have a clear floor area of not less than 320 square feet.
2. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches in front. Light and ventilation conforming to this code shall be provided.
3. The unit shall be provided with a separate bathroom containing a water closet, lavatory, and bathtub or shower.
4. The maximum number of occupants shall be three.
J. All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage.
2.81.15. Fire Safety Requirements.
A. Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. Bars, grilles, grates, or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with the International Residential Code New Jersey edition and such devices shall be releasable or removable from the inside without the use of a key, tool, or force greater than that which is required for normal operation of the escape and rescue opening. Where such bars, grilles, grates, or similar devices are installed in existing buildings, smoke detectors shall be installed in accordance with sub-section B.
B. Smoke detectors: Residential occupancies not already provided with single-station smoke alarms shall be provided with approved single-station smoke alarms. Approved single-station smoke alarms shall be installed in existing dwelling units, congregate residences, rental units, and lodging house guestrooms. Type and installation of the single-station smoke detector shall be in accordance with the New Jersey Uniform Fire Code.
C. The required fire-resistance rating of fire-resistance-rated walls, fire stops, shaft enclosures, partitions and floors shall be maintained. Required opening protectives shall be maintained in an operative condition. All fire and smoke stop doors shall be maintained in operable condition. Fire doors and smoke barrier doors shall not be blocked or obstructed or otherwise made inoperable.
2.81.16. Violations and Penalties.
A. Any person who violates any of the provision of this chapter shall, upon conviction thereof, be subject to a
fine not exceeding One Thousand Two Hundred Fifty Dollars ($1,250) or imprisonment for a period not
exceeding ninety (90) days, or both.
B. The imposition of the penalties herein prescribed shall not preclude the Director of Code Enforcement or
designee of the Borough of Englishtown from instituting appropriate action to restrain, correct or abate a
violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct,
or utilization of the dwelling, building, structure or premises.
2.81.17. Adoption by Reference.
The International Property Maintenance Code of 2000, or such amendments and editions as may from time to time be adopted by the International Code Council, excluding Chapter 1 “Administration”, are hereby adopted as standards governing supplied utilities and facilities and other physical things and conditions essential to making dwellings safe, sanitary and fit for human habitation, occupancy or use, and governing the condition of dwellings.
A copy of the International Property Maintenance Code of 2000, as revised and updated, is on file in the Department of Code Enforcement and is made part of this section by reference. Said copy shall remain on file in the Department of Code Enforcement for the use and examination, of the public.
2. That Chapter 2.60, entitled “Certificates of Occupancy”, of the “Code of the Borough of Englishtown, New Jersey”, is hereby deleted in its entirety.
3 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.
4 That all other Ordinances or parts of Ordinances inconsistent herewith are hereby repealed to the extent of such inconsistencies.
5. 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.
Irene Borghaus, Fireplaces of America asks did we find out if the State supercedes us?
John Bennett, Borough Attorney responds yes, the State will inspect units of 3 or more but the municipality has the option if they choose to do the inspections themselves upon a request to the D.C.A.
Irene Borghaus asks did we find out what the $30,000.00 is covering?
Mayor Reynolds responds it isn’t $30,000.00. If you look at the number of rental properties in town presently there are 62. At a $200.00 cost that would be only $12,400.00. The $30,000.00 was based on information given by our Code Official. We are going to have to adjust those numbers. The budget may have to be revised again because we are not sure if we are going to receive our extraordinary aid from the State. Also, two weeks ago I was in Trenton for our CAP waiver, which was approved.
Irene Borghaus states since we don’t know when these other rentals are coming into town, we are short a lot of money. Where is that money going to come from?
Himansh Shah, Borough C.F.O. responds if the Council decided to change the fee there would be another Public Hearing.
Mayor Reynolds states we can’t change an Ordinance without a public hearing.
There being no further questions or comments, a motion to close the public hearing was offered by C/Soden and seconded by C/Simon. Passed unanimously.
Adoption
A motion to adopt Ordinance No. 2005-09, above titled, was offered by C/Soden and seconded by C/Simon. Passed on the following roll call:
Roll Call: Ayes: C/Soden, C/Rucker, C/Simon, C/D’Agostino, C/Palmieri
Nayes: None
Absent: C/Gallagher
Abstain: None
New Business
Resolution No. 2005-100
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:
Purchased From:
Brenner Drainage & Excavation
Monroe Township, NJ
Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the above request(s) is approved for the purchase or order.
Offered By: C/Simon
Seconded By: C/D’Agostino
Roll Call: Ayes: C/Soden, C/Rucker, C/Simon, C/D’Agostino, C/Palmieri
Nays: None
Abstain: None
Absent: C/Gallagher
Emergency Temporary Appropriations
Whereas, an emergent condition has arisen with respect to the need for various operating expenses prior to the adoption of the 2005 Budget and N.J.S.A.40A:4-2 provides for the creation of an emergency temporary appropriation for the purpose above mentioned; and
Whereas, the total emergency temporary Resolutions adopted in the year 2005 pursuant to the provisions of Chapter 96, P.L.1051 (N.J.S.A.40A:4-20) including this Resolution total $1,155,527.00.
Now, Therefore, Be It Resolved by the Governing Body of the Borough of Englishtown that an emergency temporary appropriation be and the same is hereby made for the attached indicated appropriations.
Offered By: C/D’Agostino
Seconded By: C/Simon
Roll Call: Ayes: C/Soden, C/Rucker, C/Simon, C/D’Agostino, C/Palmieri
Nays: None
Abstain: None
Absent: C/Gallagher
Resolution No. 2005-102
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 $269,786.97 be and
the same are hereby authorized to be paid on May 25, 2005
2. The Borough Clerk be and is hereby directed to list on the page in the
Minutes Book following the minutes of this meeting all of the said vouchers hereby authorized to be paid.
Offered by: C/Simon
Seconded by: C/D’Agostino
Roll Call: Ayes: C/Soden, C/Rucker, C/Simon, C/D’Agostino, C/Palmieri
Nays: None
Abstain: None
Absent: C/Gallagher
Resolution No. 2005-103
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:
Purchased From:
Gramco Business Communications
Clifton, NJ
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/D’Agostino
Seconded By: C/Simon
Roll Call: Ayes: C/Soden, C/Rucker, C/Simon, C/D’Agostino, C/Palmieri
Abstain: None
Absent: C/Gallagher
Public Portion
Mayor Reynolds states, before I open the public portion I would like to comment on a newspaper article that was in this morning’s paper. There was a statement from Jayne Carr that she asked Englishtown Council if there was discussion with the two governing bodies about Manalapan taking over the Englishtown Police Force or the whole town. I have a copy from the Minutes of that evening which was April 13th. Jayne Carr asked Mayor and Council did any of you meet with Manalapan to take over the Police Department, I replied “no”. Jayne Carr again questioned Mayor and Council; there was no talk between Mayor and Council with Manalapan to take over Englishtown? I again replied “no”. This article came out on May 25th. C/Soden and myself met with two members of Manalapan Council on May 12th. We discussed shared service agreements including Police Dept, Court, Public Works Dept. projects, recycling and solid waste. The State has requested that all municipalities look into shared service agreements. This was strictly for information. At that meeting at no time was there discussion that Manalapan would take over Englishtown. I am reiterating, at the time Jayne Carr asked those questions at the April 13th meeting, Council members nor myself had any discussion with Manalapan. We met on May 12th.
Mayor Reynolds opened the floor to the public for discussion on anything they wish to bring to the attention of the governing body.
Jeffrey Hanlon, Englishtown PBA Local 166 Representative states; regarding what you just said about looking into shared services, is the Police Department one of the services you are possibly looking into contracting with Manalapan?
Mayor Reynolds responds, in shared services you have to look at the total package. Will there be savings? We have received no feedback from Manalapan since the meeting. The meeting was for information only. As far as looking into the Police Department as one of the shared services, yes, we were looking at all options for this municipality.
Jayne Carr, Main Street states I would like to ask are you stating that I didn’t reiterate my question to say “Does anyone on this council have a thought of sitting down with Manalapan to discuss the Police Department or the entire town”. I asked each person to answer individually.
Mayor Reynolds responded, I was the only one who responded.
Jayne Carr asks can I make a request tonight to listen to those tapes.
Mayor Reynolds responds, yes they are public record.
Jayne Carr asks do you remember a year and a half ago when I had spoke to you about setting up a meeting with Manalapan because they had a ten year plan to take over Englishtown as their Main Street? When I came back and had a meeting set up C/Gallagher said simply speaking to Manalapan would say to them that we were interested.
Mayor Reynolds responds I remember that conversation taking place. From that time until now I have never had a discussion with Manalapan to take over this town.
Jayne Carr states I feel the tape will reflect that I polled each person individually. You were not the only person who answered me.
Julie Martin, Municipal Clerk states for the record that the tapes are not verbatim.
C/Soden responds I do remember the question but I did not respond. Prior to this, in all honesty I have met with Manalapan at least four times. On each occasion I have come back and discussed it with Chief Niziolek. The reason I did that is because when someone from this audience asks me a question I want to give them a correct answer.
Barbara Kuchinski, Hamilton Street states when does the current police contract expire?
Mayor Reynolds responds December 31st.
Barbara Kuchinski wasn’t there a referendum about the Police and what did the taxpayers say they wanted?
Mayor Reynolds responds yes, in November 7, 2000. The referendum passed by a majority of 2 to 1. Mayor Reynolds reads the referendum; Englishtown Borough Municipal Public Question: Should the police department with the Borough of Englishtown continue 24 hours a day 7 days a week operation?
Paula Kuchinski continues, didn’t you hear your taxpayers speak to you? They said they wanted police coverage.
Mayor Reynolds responds we are not talking about doing away with police coverage in the Borough of Englishtown. It is my responsibility as Mayor to find equitable ways to provide services to the community and keep a moderate tax rate to keep a commercial base and tax payers here.
Paula Kuchinski asks what other avenues have you explored to cut expenses? What about the Water Department? Have you ever thought about going State? Having the State take over might be cheaper. I feel that’s another avenue to explore.
Paula Kuchinski states I didn’t realize Englishtown was in such dire straits that we are looking to combine services. What percentage of the tax dollar is directed to the Police Department?
Mayor Reynolds responds 43%.
Paula Kuchinski, asks what else was discussed at that meeting? We as taxpayers have the right to know.
Mayor Reynolds responds I told you the issues that were discussed; solid waste and recycling, which we have our bid opening on June 15th. Understand, you have more pull when you have more municipalities bidding on contracts.
Paula Kuchinski states I understand that but it seems every time it comes near contract time for the police we seem to go through this. H