** AGENDA **

March 14, 2007

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 10, 2007 & January 24, 2007

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.         New Business:

A.                 Resolution No. 2007-059

Authorizing Redemption of Tax Sale Certificate

B.         Resolution No. 2007-060

Authorizing Refund of Overpayment on Taxes Paid

C.        Resolution No. 2007-061

Authorizing Redemption of Tax Sale Certificate – Municipal Lien

D.        Resolution No. 2007-062

Authorizing Approval of Department Requisitions

E.         Resolution No. 2007-063

Authorizing Payment of Borough Bills 

F.                  Resolution No. 2007-064

Awarding Contract to Revaluation Firm for 2008 Revaluation

G.                 Resolution No. 2007-065

Emergency Temporary Appropriations

9.         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.

10.              Discussion Item:  Rental Property Management Program

Richard Hogan, Director of Code Enforcement/Construction Official

Heather Dettra, Assistant Housing Inspector

            11.       Executive Session

            12.       Adjournment

The meeting was called to order by Mayor Reynolds at 7:33 P.M.

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

                  Absent:       None                           

Also present were Peter Gorbatuk, Acting Municipal Clerk, Christine Robbins, Deputy Municipal Clerk, Laurie Finger, Borough Administrator and Stuart J. Moskovitz, Borough Attorney.

Mayor Reynolds stated pursuant to N.J.S.A. 10 4-6 notification of this meeting has been (1) Published in the Asbury Park Press and the News Transcript the Official Newspapers of the Borough, (2) Posted to the Public at Borough Hall, (3) Copy has been filed with the Municipal Clerk, (4) Copy of this agenda and the Sunshine Statement has been filed with the Mayor and Council. Thus this meeting tonight is deemed in compliance with the Open Public Meetings Act.

There was a moment of silence and salute to the flag.

Approval of Minutes –

There being no corrections, deletions or additions, a motion to approve the Minutes of   January 10, 2007 and January 24, 2007 was offered by C/Simon and seconded by C/Robilotti.  Passed on the following roll call:

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

                      Nayes:    None

                     Absent:    None

                    Abstain:    C/Soden

Committee Reports

C/Leonardis

·        In response to the inquiry regarding maintaining our generator, the generator is on a timer, which comes on every Monday at 11:45AM and runs till 12:15PM.  Log is available for anyone to view.

·        Reads aloud Department of Public Works Monthly Report.  A copy of report is available to Council.

·        Request explanation from C/Soden on open gate valve on Lake Weamaconk?

C/Soden states this is a large valve by the dam.  We open it when elevation comes up in lake, which also comes up in inlet in front of Agway.  We have had County come and sewer jet water out.

C/Leonardis

·        Who is responsible for monitoring lake, the counties or ours?

C/Soden

·        It is a County road but it is difficult to get County to come out and monitor lake.  It is easier to just open valve and let water drain for a little while. It also clears the bottom of the lake, which is needed.

C/Leonardis

·        Would you like me to ask Rick Guffanti, Public Works Department to check on drain regularly?

C/Soden

·        Yes, thank you.

C/Leonardis

·        Rick Guffanti, Public Works Supervisor did employee evaluations for his department.  Will be doing Rick Guffanti’s evaluation tomorrow with Laurie Finger. 

C/Cooke

• Easter Egg Hunt is scheduled for March 31^st at 12:00 p.m. in Stanford Park with a rain date of April 1^st.
• Lynn Strong will not be able to do Memorial Day Parade anymore.  The Recreation Committee will be taking it over.  This year we are thinking of having the parade on Sunday, May 27^th as opposed to Monday, May 28^th in hopes of getting more people out.  Does Council have any objections to changing Memorial Day Parade to Sunday?

Council responds they have no problem with changing the date.

• Plaque for Freeholder Narozanick is on order and will be ready in 5 weeks or so.  Would like ideas on how we want to present plaque, what dates are available, and what is our budget.
• Meeting at the Village Inn on March 23^rd at 7:30pm there is going to be an author who wrote a book about Civil War soldier’s diaries.  This is free to the public.

Laurie Finger

• We will discuss budget for Freeholder Narozanick’s reception at the Budget Workshop meeting.

Mayor Reynolds states Memorial Day Parade on Sunday will have to be late in the day after Church Service.

C/Robilotti

• Employee Evaluations completed.

C/Soden

• Received email from Jim Mastrokalos, Water & Sewer Superintendent regarding gallons pumped per year.  I disagree with the figures and will get back to Council in two weeks after I speak with Mr. Mastrokalos.

C/Carr

• Received email from Aaron Simmons, Program Manager from Centers for Community Design. Application for technical assistance has been accepted.  Our Borough is 1 of 8 municipalities that will receive SDAT Assistance.
• Received email from Peter Gorbatuk, Acting Municipal Clerk regarding utility pole. 
• Police Activity Report total calls were 339, motor vehicle stops 105, routine calls 183. John  Niziolek, Chief of Police has applied for a Drunk Driving Grant in the amount of $4,794.66.  Chief Niziolek will be off the first 4 days of April.

C/Robilotti states there was an article in the paper about Bicycle Patrol in Freehold. Is this something that we can look into?

C/Carr responds she will look into it.

 C/Simon 

• Officer MacInnes is cleared to return to work on March 19, 2007.

Correspondence

Peter Gorbatuk, Acting Municipal Clerk

·        Received memo from Tom Herits, Borough Engineer regarding proposal from Great Blue for treatment of plant growth in Weamaconk Lake. Last Sonar application was in 2004.

Laurie Finger states cost will be approximated $3,000.00.  This will be brought up at the Budget Workshop meeting next week.

·        Received letter from New Jersey State League of Municipalities stating the maximum we can charge for Dog Licenses will be $21.00 we presently charge $7.00.  We should look at possibly raising it to $10.00 for spayed/neutered and $15.00 for non spayed/non-neutered.

·        Regarding pole in front of 8 Main Street received today from Rick Guffanti, DPW Supervisor the New Jersey One Call System advising Mr. Guffanti to map out water lines, gas lines and anything in that area.  We have a replacement date of March 20^th.  I still have an email to Ted Ribicke as to why we have a date of July 29^th.

C/Carr

·        Has anyone researched who hit the pole so they can be held liable for damage?

Peter Gorbatuk

·        This was mentioned to Ted Ribicke and I have heard no response.

·        Budget Workshop is scheduled for March 22^nd and Performance Evaluation meeting is scheduled for March 26^th we need to confirm times.

Mayor Reynolds states 7:00pm – 9:00pm for March 22^nd Budget Workshop meeting.

 C/Robilotti states 7:30pm for March 26^th Performance Evaluation meeting.

Public Portion – Agenda Items

Mayor Reynolds opens the floor to the public for discussion limited to agenda items only. 

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

New Business

Borough of Englishtown

Resolution No. 2007-059

Resolution Authorizing Redemption of Tax Sale Certificate

            Whereas, the Borough of Englishtown Tax Collector has reported that the following Tax Sale Certificate has been sold to MD Sass IV; 123 South Broad Street, Philadelphia, PA 19109

Tax Sale Certificate Number 02-00002

Block 2, Lot 23.03

48 LaSatta Avenue

in the amount of $3,740.74

            Whereas, the above-mentioned certificate has been paid and MD Sass IV; 123 South Broad Street, Philadelphia, PA 19109 is entitled to redemption amount of $3,740.74.

            Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that it hereby authorizes payment in the amount of $3,740.74 to MD Sass IV; 123 South Broad Street, Philadelphia, PA 19109.

            Be It Further Resolved that a certified true copy of this Resolution be forwarded to the Borough's Tax Collector and Chief Financial Officer.

Offered by:                  C/Soden

Seconded by:              C/Simon

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

                   Nays:        None

               Abstain:         None

                Absent:         None

Borough of Englishtown

Resolution No. 2007-060

Resolution Authorizing Refund Of Overpayment

 On Taxes Paid

            Whereas, the Borough of Englishtown Tax Collector has reported receiving an excess payment in the amount of $2,169.14 from First American Real Estate Tax Service for the property known as Block 26.02, Lot 8 – 10 Woodruff Court in the Borough of Englishtown;

            Now, Therefore, Be It Resolved, that the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey, in accordance with the request of the Tax Collector, authorize $2,169.14 be refunded to First American Real Estate Tax Services; 1 First American Way Westlake, TX  76262, (as they paid taxes in excess of amount due); and

            Be It Further Resolved that a certified true copy of this resolution be forwarded to the Borough’s Tax Collector and Chief Financial Officer.

Offered By:                  C/Soden

Seconded By:               C/Robilotti

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

                  Nays:         None

              Abstain:          None

               Absent:          None

Borough of Englishtown

Resolution No. 2007-061

Resolution Authorizing Redemption of Tax Sale Certificate

Municipal Lien

            Whereas, the Borough of Englishtown Tax Collector has reported that the following Tax Sale Certificate has not been sold to an outside lien holder, therefore resulting in a municipal lien;

Tax Sale Certificate Number 04-00001

Block 2, Lot 23.03

48 LaSatta Avenue

in the amount of $7,605.75

            Whereas, the above-mentioned certificate has been paid by CTL Title Insurance Agency for the owner of said property, which is KYY Holdings, LLC. P.O. Box 80 Lakewood, N.J. 08701 in the amount of $7,605.75.

            Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that it hereby authorizes the redemption of the municipal lien in the amount of $7,605.75. 

            Be It Further Resolved that a certified true copy of this Resolution be forwarded to the Borough's Tax Collector and Chief Financial Officer.

Offered by:                  C/Robilotti

Seconded by:              C/Carr

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

                   Nays:        None

               Abstain:         None

                Absent:         None

Borough of Englishtown

Resolution No. 2007-062

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 $1,549.03

are hereby authorized to be processed into purchase orders on March 14, 2007.

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 requisitions hereby authorized to be processed into purchase orders.

Offered By:                  C/Robilotti

Seconded By:               C/Simon

C/Cooke states that she has told Rick Guffanti, Supervisor DPW to purchase extra non-perishable for restrooms so that we don’t run out.

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

                  Nays:         None

              Abstain:          None

               Absent:          None

Borough of Englishtown

Resolution No. 2007-063

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 $163,071.67

                   are hereby authorized to be paid on March 14, 2007.

3.        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/Simon          

Seconded By:               C/Robilotti

C/Cooke

• Page 9 Sams Club membership?

Lauire Finger

• Sams Club membership was taken off the bill list.  It was paid but we are getting a refund back. Page 5 purchase order 070175 Halloween Party DJ has been removed, this was put on too soon.

C/Soden

• Does figure on front page reflect the change?

Laurie Finger

• No.  Figure on first page needs to be reduced by $375.00.

C/Robilotti

• On page 10 Rick Guffanti, DPW Supervisor ordered coffee and on requisition list the Clerks Office ordered coffee?

Laurie Finger

• We sent Rick Guffanti to Sams Club to activate the card and he purchased a case of coffee. This is when we found out we had a problem with our Sams Club membership. In the meantime the Clerks Office ordered supplies, which we normally buy 3-4 cases of coffee at a time.

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

                  Nays:         None

              Abstain:          None

               Absent:          None

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2007-064

RESOLUTION AWARDING A CONTRACT TO REVALUATION FIRMS

FOR THE 2008 REVALUATION OF REAL PROPERTY LOCATED

WITHIN THE BOROUGH OF ENGLISHTOWN

            WHEREAS, the Borough of Englishtown has been court ordered by the Monmouth County Board of Taxation to have all Real Property located within the Borough of Englishtown be revalued by the year 2008; and

            WHEREAS, the Borough advertised for R.F.Ps from Revaluation Firms, and received proposals on February 27, 2007 at 11:00 AM, in the Borough’s offices, for said Project; and

            WHEREAS, Certified Valuations Inc. of Randolph, New Jersey, is determined to be the lowest responsible bidder after careful review of all of the bids submitted, with the low bid totaling $66,355.00.

            NOW THEREFORE BE IT RESOLVED, that the Borough Council awards a contract to Certified Valuations Inc. of Randolph, New Jersey, in the amount of $66,355.00, for the revaluation of all real property located on the Borough of Englishtown tax map.

            BE IT FURTHER RESOLVED that the award of the contract is conditioned upon the Borough Attorney’s review and approval of the bid documents and contract and certification by the Borough’s Chief Financial Officer of the availability of funds for this project.

            BE IT FURTHER RESOLVED that the Clerk’s Office is authorized to forward a copy of this Resolution to the Borough Attorney, the Borough Tax Assessor, Certified Valuations Inc., and the Borough Chief Financial Officer.

Offered By:                  C/Carr

Seconded By:               C/Robilotti

C/Soden

• The Figure amount is $66,355.00 for public record.

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

                  Nays:         None

              Abstain:          None

               Absent:          None

Borough of Englishtown

Resolution No. 2007-065

Emergency Temporary Appropriations

Whereas, an emergent condition has arisen with respect to the need for various operating expenses prior to the introduction and adoption of the 2007 Budget and no adequate provision has been made in the 2007 temporary budget for the aforesaid purposes, and

Whereas, N.J.S.A.40A:4-20 provides for the creation of an emergency temporary appropriation for said purpose; and

Whereas, the total emergency temporary appropriation resolutions adopted in the year 2007 pursuant to the provisions of Chapter 96, P.L.1951 (N.J.S.A.40A:4-20) including this resolution total $ 70,000.00

Now, Therefore, Be It Resolved by the Governing Body of the Borough of Englishtown, in the County of Monmouth, State of New Jersey, (not less than two-thirds of all the members thereof affirmatively concurring) that in accordance with the provisions of N.J.S.A. 40A-20:

1.  Emergency temporary appropriations be and the same is hereby made in the amount of $ 70,000.00 as follows:

CURRENT FUND

Revaluation of Real Property

            Other Expense                                                                        $70,000.00

2.  Said emergency temporary appropriations will be provided for in the 2007 budget.

3.        That one certified copy of this resolution be filed with the Director, Division of Local Government Services.

Offered By:                  C/Robilotti

Seconded By:               C/Simon

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

                 Nays:          None

              Abstain:          None

               Absent:         None

Borough of Englishtown

Resolution No. 2007-066

RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT

AND IRVING STREET, FUNDED BY THE NEW JERSEY

DEPARTMENT OF TRANSPORTATION (NJDOT) TRUST FUND

            WHEREAS, Englishtown Borough has received a grant from the NJDOT Trust Fund in the amount of $1,500,000.00 for the project known as Improvements to Hamilton Street and Irving Place; and

            WHEREAS, the Borough advertised for bids, and received proposals on November 17, 2006 at 11:00 A.M., in the Borough’s offices, for the Project; and

            WHEREAS, Seaview General Contracting, of Sayreville, New Jersey was determined to be the lowest responsible bidder after careful review of all of the bids submitted, with a low bid of $159,145.20 for the base bid, $2,301.00 for the Alternate Bid and $161,446.20 for the Total Bid; and

            WHEREAS, Seaview General Contracting was awarded the contract in accordance with their bid:

            NOW THEREFORE BE IT RESOLVED, that the Mayor is authorized to execute a contract with Seaview General Contracting, Sayreville, New Jersey, in the amount of $161,446.20, the total of the base bid and the alternate bid, for the improvements to Hamilton Street and Irving Place in a form consistent with the language of the bid proposal.

            BE IT FURTHER RESOLVED, that the contract is conditioned upon the Borough Attorney’s review and approval of the contract document, NJDOT approval and certification by the Borough’s Chief Financial Officer of the availability of funds for this project. 

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

Offered By:                  C/Robilotti

Seconded By:               C/Simon

Stuart Moskovitz states the bid and the contract were not consistent; the resolution states it authorizes the Mayor to sign the contract consistent with the bid that he will probably have tomorrow.

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

                 Nays:          None

              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.

Irene Borghaus, 44 Main Street

• Problem with Home Inspection Ordinance.  She feels program is discriminating, singles out landlords with rental properties.  Discussed a number of problems she had with program. 
• Left packet filled with letter of violations she received and pictures of property for Council to review. 

Stuart Moskovitz states Ordinance was passed specifically for landlords to protect renters.  Fees are to fund the entire program.  Council is going to look at program and invites all comments.

Lou Sarti, President of Englishtown Fire Department

• Thanked Councilwomen Robilotti for a wonderful job done presenting Proclamation at Firemen’s Dinner.
• Incident at dinner between council members & guests involving private matters was not appreciated.  Dinner is for the volunteer firemen and politics should not be brought to dinner.

Mayor Reynolds states that this Council has always supported Englishtown Fire Company.  Does not want to taint relationship with fire department over one incident. We need to put this incident to rest.

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

C/Robilotti

• Article in Sunday’s Newspaper regarding Western Monmouth Towns Alliance to Shared Services.  Were we ever approached to join in this?

Mayor Reynolds ask clerk to find out if we received any correspondence and if so, when. Get the list of who was contacted and then respond to it.

Discussion Item: Rental Property Management Program

Richard Hogan, Director of Code Enforcement/Construction Official

Heather Dettra, Assistant Housing Inspector

Stuart Moskovitz, Borough Attorney states Rice Notices were sent out to two members of the Construction Code Department.  We will be discussing performance and related activities of these two individuals. Part of the discussion will also revolve around the Inspection Program.  The public is invited to listen, but there is no participation by the public.  Participation is solely between Council and Individuals who were Riced.

Mayor Reynolds states he has several issues and several concerns regarding the Inspection/Registration Program. We talked about Registration and Inspection for several months and in August 2006 we finally resolved that this is an Inspection Program. To date 57 inspections have been done.  My questions are:

• Does the Assistant Housing Inspector position require certification and if so what type of certification?
• How long an inspection takes?
• Who would be heading up program coming on line, Ed Miller or Heather Dettra?

C/Leonardis

·        This program was started with very good intentions.  I would also like to know if the position requires certification or not?

·        There doesn’t seem to be fair and equitable enforcement of our Ordinance in the Construction Department.

·        Sent a letter to Ed Miller, Fire Code Enforcement Officer this weekend regarding issues that have been going on in my neighborhood for 20 years with Code Violations that have never been addressed.

·        Ordinances should be enforced for everyone.

C/Cook

• Concerned also about licensing needed and certification.
• Why are we paying two people to do inspections?

C/Robilotti

• My concern also is certification.

C/Soden

• Nothing at this time

C/Carr

• May 31, 2005 the posting of the job had a job description attached to it, which was created from minutes of Council meetings by Mr. Hogan and Ms. Dettra together. Original posting job description and examples states to perform inspection work. My question from the beginning was did the job need certification?
• Questioned hours of job.
•  At last meeting it was decided to suspend this program.  We had decided to send out letters to anyone who had outstanding violations within a time frame.  Did letter written by Attorney Moskovitz regarding suspended program go out?
• Questioned violations that were cited.

C/Soden

• There seems to be a lot of confusion with this program.
• I have no problem pulling the program until all the confusion is resolved but it has to be done by the Council. 

 C/Leonardis

• We have had Fence Ordinances updated; Maintenance Ordinances updated and there are still poor conditions existing in town.

• Ordinances are not being enforced.
• We need to know what is being done.

C/Cooke

• It seems like we are combining the Code issues with Rental issues.

C/Carr

• Needs to clarify is the Rental Inspection a Health & Safety Inspection.
• How do you give a person a violation for cobwebs in a building that is well kept for the last twenty years when there is a building across the street that is in disrepair?

Mayor Reynolds states every Council Member and myself are here to address these issues.  We do have concerns and would like the program to be the program it started out to be.  If that can’t be accomplished then the program would have to be ceased.

C/Soden

• I think there’s been enough direction given.
• I would like the program dropped.
• Feels it is unfair to the people.

C/Leonardis

• Agrees with C/Soden especially given our budget situation.  This program has not yielded anything positive.
• It has not addressed the issue of overcrowding which is what our main purpose was to begin with.
• Feels we should suspend program, think about it long and hard before we go forward again.

Mayor Reynolds opens the floor to Richard Hogan, Director of Code Enforcement Borough of Englishtown and Heather Dettra, Assistant Housing Officer Borough of Englishtown to respond to any concerns or issues that Council has brought up.

Richard Hogan

• Thanked Council for invitation to this Rice Notice.
•  Anytime any Council Member has any questions please contact me at anytime.
• The program is a Rental Property Registration Program.  Council developed the program. 
• The Mayor appointed a Sub Committee in 2004 to develop this program.
• Sub Committee consisted of members of Construction Department, Councilman at the time Rudy Rucker, Council President Soden as well as Councilwoman Palmieri. 
• At the many meetings we discussed:

1.       How we wanted to run the program.

2.      Who would enforce program.

3.      Fee scheduling

• Heather and I researched communities that had the same program.
• Registration Program was developed and this was to be a Registration Program only not Inspection Program.
• In time Council wanted the Registration Program but also wanted to do inspections to see what our housing stock is, what is the shape of our housing stock in Borough, and can we improve it
• We then turned the Registration Program into an Inspection Program.
• During the Resolution stages I worked with Attorney John Bennett to do the drawing of Resolution.  A lot of the Ordinance had my language in it.  From the Resolution itself 2005-09 we developed the International Property Maintenance Code.
• In our Property Maintenance Code it talks about anything from cobwebs to Holiday decorations, smoke detector locations to safety issues.  This is all in our Codebook, which my office enforced.
• Copies of this Ordinance were passed out during our Public Hearing and Adoption. 

C/Carr

• I have never seen this document and why is it called international?

Richard Hogan

• It is a guide/standard Council wanted us to follow.
• During our Committee meetings the question was raised who is going to enforce this.  I said it had to come from our Housing people.  At that time we had John Marini our Housing Inspector.  John Marini holds three titles, Building Inspector, Building Sub Code Official, and Housing Inspector.
• You need a license from the Department of Community Affairs for a Building Sub Code Official to enforce new construction under the Uniform Construction Code. Same for Building Inspectors position.
• No certification or license is required for Housing Inspector.  It is a local Ordinance and we appoint our own people with approval of Council to do enforcement.
• This is a very important program and I felt John Marini could not do this on his own with the limited schedule we had so I recommended an assistant.
• Council approved my recommendation to hire an assistant.  Heather Dettra was working in the office as our Planning Board Secretary.  She was one of two people who applied for position.  Heather was interviewed, qualified and was appointed for the position.
• Heather researched tax records to figure out which were property rentals and which were not. As of today we have 124 registered units. A couple of years prior Council had concerns regarding an approved developer who was coming in with 134 rental units which to date has not come in. Our registration process started based on the 124 units in the Borough.
• We had a six-month window to get inspections done, I raised objection at Council meeting that this was not enough time to get inspections completed.
• Sub Committee wanted two people to do initial inspection because we did not know what we were up against.  I assigned Heather Dettra to run the program and John Marini to accompany her and do the inspection.

C/Carr

• Why do you need two people to inspect the same place if they are both qualified to inspect?

Richard Hogan

• When the Sub Committee developed this program it was decided that two people were to do inspections.
• In the beginning we did not know what type of clientele, what type of property maintenance, or safety issues we were walking into so we wanted two individuals to initially go in.
• Re-inspections will be done with one individual.

C/Carr

• Position for Housing Inspector under DCA Code on Internet states certification is needed.

Mayor Reynolds reads definition of job description that was posted for Assistant Housing Inspector created by Mr. Hogan. Initial job description that was posted does state performs inspection work. If we changed the direction of the program then two things need to happen:

1.      She cannot be in the program, cannot do the job or,

2.      Gets certified as an inspector.

Richard Hogan

• There is no license or certification required to do our housing inspections in our Borough. 
• Our Sub Committee made up of three Council people wanted a team of inspectors to perform inspections.
• I complied with the Sub Committee and Borough Council’s guidelines.

Stuart Moskovitz

• Can you explain the difference to Council between a Building Inspector and Housing Inspector?

Richard Hogan

• Building Inspectors are required by the Department of Community affairs to be licensed. Their responsibility as well as Building Sub Code Official, Construction Code, Electrical, Fire and Plumbing Official are licensed to enforce new construction only.
• Housing Inspectors inspect existing properties. 

C/Cooke

• Which position is supposed to inspect and enforce code?

Richard Hogan

• We have it under our Housing Inspectors.
• Would be happy to explain inspection report with Ms. Borghaus on what we identified, and how to correct. 

C/Cooke

• C/Soden can you explain to me why Sub Committee decided that two people needed to do initial inspection?

C/Soden

• This program went from Registration Program to Inspection Program.
• The rules are totally different from what we were looking for at that time.
• Our main concern was the amount of people in the apartment it was not clear to me that a thorough inspection was to be done.

C/Cooke

• You are the only person left on Council that was on Sub Committee could you explain why it was decided at that time that two people needed to go together to do inspections. 

C/Soden

• This was a protection measure for the Borough Employees.

Heather Dettra

• These are landlords that don’t want you there.
• Tenants that already answer to their landlord, and now you have an inspector.
•  It is also to build a rapport.

Richard Hogan

• There were quality of life issues that we identified.  We had to call DYFS (Division Youth Family Services) because of issues with juveniles.

C/Soden

• Was a Chairperson notified of that?

Richard Hogan

• Absolutely.

Discussion on whether or not a Chairperson was notified regarding DYFS continues between C/Carr and Mr. Hogan.

C/Leonardis

• Why is it that there are so many bad looking properties in our Borough?

Richard Hogan

• This Ordinance gave us permission to do landlord rental properties only. 
• February 17^th our Property Maintenance Ordinance was approved.  I received authority to enforce similar restrictions to every house in the Borough.

Discussion continued between Mayor Reynolds, Council Members and Mr. Hogan regarding enforcing Codes and Ordinances.

Richard Hogan

• In getting back to Registration Program I think it is a valuable program.
• Recommend Council continue with it.

Discussion continued between Mayor Reynolds, Council members and Mr. Hogan regarding privacy of inspection files that was suppose to be sent out.

Mayor Reynolds states I reviewed the files in the main office and they were resealed and signed off when I received them and when I reviewed them.

Mayor Reynolds asks if Council has heard everything they need to hear. 

C/Soden

• I don’t like the confusion, we need to get this straightened out and move forward.

C/Carr

·        I recommend that we do away with it until we get it right.

C/Leonardis

• I thought this would be a one-person job but now has evolved into a two-person job and we are paying two salaries to get inspections done.

Richard Hogan

• This is a two-person job, has always been a two- person job because of issue to protect our Borough Employees.
• That second person which is John Marini who does our CCO Inspections/Resale Inspections.  He’s not going out with Heather Dettra all the time, he goes out on his own doing CCO inspections.

C/Robilotti

• We need to put program on hold until we have all issues defined.

Mayor Reynolds agrees with Council and asks that we get a copy of what was discussed at Sub Committee when Ordinance was finalized so that we can go back and review it.

Executive Section

Mayor Reynolds stated pursuant to N.J.S.A. 10 4-12B be it resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey as follows whereas N.J.S.A. 10 4-12B of the Open Public Meetings Act of the State of New Jersey permits exclusion of the public from those portions of the meetings in which matters authorized to be discussed in Executive Session under the cited statute will be reviewed and discussed; and

            Whereas, the Governing Body concludes that the public must be excluded from the discussion of the following matters of personnel.

            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/Soden

Seconded By:               C/Cooke    

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

                   Nays:        None

                Absent:         None

               Abstain:         None

The time being 9:42 P.M.

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

The time being 10:18 P.M.

Stuart Moskovitz states this is a Resolution to cease the Inspection Programs under the Property Maintenance Program And Rental Housing Program Ordinances to be reviewed after full exploration by July 1, 2007 by the Council Members.

Borough of Englishtown

Resolution No. 2007-067

Ceasing of Property Maintenance Program

And Rental Housing Program

            WHEREAS, there has been concerns brought to the attention of the Governing Body from the public in reference to Ordinance No. 2006-25 entitled An Ordinance of the Borough of Englishtown Adding a New Chapter, Chapter 2.100, Entitled “Property Maintenance Code” and Ordinance No. 2005-09 entitled 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; and

            WHEREAS, Mayor and Council feel it is necessary to form a subcommittee to further review Chapter 2.100 and Chapter 2.81 of the Borough of Englishtown Code Book and report back said recommendations to Mayor and Council by July 1, 2007.

            NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of Englishtown that Chapter 2.100 Entitled “Property Maintenance Code” and the amendments to Chapter 2.81 Entitled “Housing Standards” referred to in Ordinance No. 2005-09 are hereby ceased immediately, to be revisited after full exploration by the council subcommittee no later than July 1, 2007.

            BE IT FURTHER RESOLVED, that a certified copy of this Resolution shall be forwarded to the Borough Administrator, Borough Clerk, Director of Code Enforcement and Code Enforcement Officer.

Offered:                      C/Soden           

Seconded:                     C/Robilotti

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

                  Nays:        None

              Abstain:         None

               Absent:         None

Mayor Reynolds asks Christine Robbins to put a book together on open items discussed so that we can check which items are in progress and which are completed.

Adjournment

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

The time being 10:20 P.M.

April 11, 2007               

Approved by Governing Body