* A G E N D A *

 

April 14, 2004

 

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.                  Proclamation – Alcohol Awareness Month – April, 2004

 

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 Number 2004-02

Refunding of the Borough’s USDA General Improvement Bonds

Public Hearing & Adoption

 

B.  Ordinance Number 2004-03

Amending Chapter 2.130, Borough Code Book

Community Residences for Developmentally Disabled

                        Public Hearing & Adoption

 

            9.         New Business

                       

A.     Ordinance Number 2004-04

Amending & Supplementing Fees – Chapter 2.63 Construction Code

                        First Reading and Introduction

 

B.     Resolution Number 2004-076

                        Authorizing Reading of the Budget By Title

 

C.     Resolution Number 2004-077

Authorizing Purchases Over $800 – Brenner Drainage

 

D.     Resolution Number 2004-078

Authorizing Shed Construction Within Borough Easement

 

E.      Resolution Number 2004-079

Emergency Temporary Appropriations

 

F.      Resolution Number 2004-080

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

 

The meeting was called to order by Mayor Reynolds at 7:31 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.

 

Mayor Reynolds reads Proclamation that April, 2004 is Alcohol Awareness Month.

 

Committee Reports

 

C/Rucker states I have some information regarding the generator that the Borough was looking to get as an auxiliary for powering Borough Hall.  The unit is a 50kilowatt natural gas generator supplied by Cooper Electric.  The installation proposal was from Electro Maintenance of Red Bank.  Price for the generator and installation is $35,450.00.  We can upgrade to a 90kilowatt generator at an additional cost of $5,000.00.  Secondly, there was a request to get a quote for striping LaSatta Avenue.  The quote was from Traffic Lines Inc. for  $2,940.00.

 

C/Palmieri states the Easter Egg Hunt took place on Saturday, April 10, 2004 at Sanford Park and was very successful with a turnout of approximately 200 people.  Following the Egg Hunt, the Easter Bunny led a parade down Main Street to the Village Inn.  Thank you to the Recreation Committee for putting this event together for us.  My second report is regarding the Monmouth County Mosquito Extermination Commition , the resolution to allow the application of pesticides from aircraft.  This resolution is only for an emergency situation.  The Borough will be notified before any spraying takes place.  Another piece of interesting information I found out is if anyone has an infestation of mosquitoes they can call the Mosquito Commition and they will come and test the larvae and handle the situation.

 

Julie Martin, Borough Clerk states if Mayor Reynolds is in agreement I will get that resolution on the next agenda.

 

Mayor Reynolds agrees.

 

C/Gallagher states Rhoda Overgard’s current position in the Court is Clerk Typist, and in order for her to qualify for training courses, her title needs to be changed to Deputy Clerk.  There would be no change in pay or hours, just title.

 

Julie Martin states I wanted to speak with C/Soden and yourself before putting this on the agenda.  I also spoke with Pat Wojnas, Court Administrator; she said there is no immediate urgency.  I will put it on the agenda for next meeting.

 

C/Soden states the police activity report from 3/22 – 4/11 was 438 calls and 96 motor vehicle stops.  To date the Court has received $79,333.57 in fines.

 

C/D’Agostino states the water bills will be going out on Thursday and we will be doing hydrant flushing the week of April 26th.

 

C/Simon states I have nothing at this time.

 

Correspondence

 

Julie Martin, Municipal Clerk states I have received a second letter from Mr. Jorge of Manalapan asking if we could reconsider our decision of not allowing him to tie into our water and sewer and consider tying into the sewer only.  I have sent him a copy of the resolution we adopted regarding this policy.  I have forwarded copies to Mayor and Council.  I ask for the Mayor and Council to let me know how to handle this situation.

 

C/Soden responds I don’t want any non-residents hooked up to our sewer system.  One reason being if you make exceptions for one you have to do it for everyone. 

 

Council agrees. 

 

Mayor Reynolds responds to Julie Martin to notify Mr. Jorge that our resolution stands.

 

Open Public Portion

 

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

 

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

 

Old Business

 

ORDINANCE NO. 2004-02                                            Public Hearing and Adoption

 

REFUNDING BOND ORDINANCE OF THE BOROUGH OF ENGLISHTOWN, IN THE COUNTY OF MONMOUTH, NEW JERSEY, PROVIDING FOR THE REFUNDING OF ALL OR A PORTION OF THE BOROUGH’S USDA GENERAL IMPROVEMENT BONDS, HERETOFORE ISSUED TO FINANCE CAPITAL AND WATER AND SEWER IMPROVEMENTS, APPROPRIATING AN AMOUNT NOT EXCEEDING $2,000,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $2,000,000 GENERAL OBLIGATION REFUNDING BONDS OF THE BOROUGH OF ENGLISHTOWN FOR FINANCING THE COST THEREOF

 

BE IT ORDAINED BY THE BOROUGH COUNCIL OF THE BOROUGH OF ENGLISHTOWN, IN THE COUNTY OF MONMOUTH, NEW JERSEY (not less than two-thirds of all members thereof affirmatively concurring) AS FOLLOWS:

Section 1.         The Borough of Englishtown, in the County of Monmouth, New Jersey (the "Borough") is hereby authorized to (i) refund all or part of the remaining outstanding amount of the Borough’s USDA General Improvement Bonds the (“Prior Issues”), including the following: $366,500 USDA Improvement Bonds dated March 11, 1975, $235,000 General Improvement Bonds dated June 1, 1983, $633,900 General Improvement Bonds dated August 24, 1988,  $89,600 General Improvement Bonds dated August 24, 1988, $100,000 General Improvement Bonds dated August 24, 1988, $649,000 General Improvement Bonds dated September 26, 1997, and $149,000 General Improvement Bonds dated September 26, 1997,  issued to finance capital improvements of the Borough; and (ii) provide for the payment of the costs of issuance. 

 

Section 2.         In order to finance the cost of the purpose described in Section 1 hereof, negotiable general obligation refunding bonds (the "Refunding Bonds") are hereby authorized to be issued in the principal amount not to exceed $2,000,000 pursuant to the Local Bond Law.

 

Section 3.         An aggregate amount not exceeding $50,000 for items of expense listed in and permitted under N.J.S.A. 40A:2-51(b) has been included in the aggregate principal amount of refunding bonds authorized herein.

 

Section 4.         The purpose of the refunding is to reduce the debt service payable by the Borough with respect to its outstanding obligations.

 

Section 5.         The full faith and credit of the Borough are hereby pledged to the punctual payment of the principal of and the interest on the obligations authorized by this refunding bond ordinance.  The obligations shall be direct, unlimited obligations of the Borough, and the Borough shall be obligated to levy ad valorem taxes upon all the taxable real property within the Borough for the payment of the obligations and the interest thereon without limitation of rate or amount.

 

Section 6.         A certified copy of this refunding bond ordinance as adopted on first reading has been filed with the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey prior to final adoption, together with a complete statement in the form prescribed by the Director and signed by the chief financial officer of the Borough as to the indebtedness to be financed by the issuance of the refunding bonds authorized herein.

 

Section 7.         This refunding bond ordinance shall take effect 20 days after the first publication thereof after final adoption, as provided by the Local Bond Law, provided that the consent of the Local Finance Board has been endorsed upon a certified copy of this ordinance as finally adopted.

 

Public Hearing

 

Mayor Reynolds opened the floor to the public for questions or comments on the above titled ordinance.

 

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

 

Adoption

 

A motion to adopt Ordinance No. 2004-02, above titled, was offered by C/D’Agostino, 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

 

Borough of Englishtown

ORDINANCE NO. 2004-03                                            Public Hearing and Adoption

 

Amending Chapter 2.130, Borough Code Book

Community Residences for Developmentally Disabled

 

             WHEREAS, the Borough legal counsel has advised the Committee that Chapter 2.130, Section 20 is invalid pursuant to the revisions to N.J.S.A. 40:55D-66.1;

 

WHEREAS, the aforementioned statute has been revised to conform to the mandates of the Fair Housing Act Amendments of 1988 (42 U.S.C.A. 3601, et.seq.);

 

WHEREAS, the purpose of both the state and federal law is to eliminate discriminatory zoning laws that restrict housing opportunities for persons with handicaps.

 

BE IT SO ADOPTED, that Chapter 2.130, Section 20 be revised to read as follows:

 

A)                            In accordance with N.J.S.A. 40:55D-66.1, community residence and/or shelters for the following: developmentally disabled, victims of domestic violence, the terminally ill, persons with head injuries, adult family care homes for elderly persons, and physically disabled adults, and all other categories, which may in the future, be set forth in N.J.S.A. 40:55D-66.2, are permitted uses in all residential districts of the Borough. The requirements for said uses shall be the same as for single-family dwellings located within such districts.

 

B)                            “Community residence for the developmentally disabled” means any community residential facility licensed pursuant to P.L1977, C.448(N.J.S.A. 30:11B-1 et seq.) providing food, shelter and personal guidance, under such supervision as required, to not more than 16 developmentally disabled or mentally ill persons, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not limited to: group homes, halfway houses, intermediate care facilities, supervised apartment living arrangements, and hostels.

 

In the case of such a community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services.

 

“Developmentally disabled person” means a person who is developmentally disabled as defined in section 2 of P.L.1977, c.448 (N.J.S.A. 30:11B-2), and “mentally ill person” means a person who is afflicted with a mental illness as defined in R.S.30:4-23, but shall not include a person who has been committed after having been found not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge.

 

“Community shelter for victims of domestic violence” means any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L.1979, c.337 (N.J.S.A. 30:14-1 et seq.), providing food, shelter, medical care, legal assistance, personal guidance, and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.

 

Community residence for persons with head injuries “means a community residential facility licensed pursuant to P.L.1977, c448 (N.J.S.A.30:11B-1 et seq.) providing food, shelter and personal guidance, under such supervision as required, to not more than 15 persons with head injuries, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, halfway houses, supervised apartment living arrangements, and hostels.

 

“Person with head injury” means a person who has sustained an injury, illness or traumatic changes to the skull, the brain contents or its coverings which results in a temporary or permanent psychobiological decrease of mental, cognitive, behavioral, social or physical functioning which causes partial or total disability.

 

“Community residence for the terminally ill” means any community residential facility operated as a hospice program providing food, shelter, personal guidance and health care services, under such supervision as required, to not more than 15 terminally ill persons.

 

 

Licensed Facilities: Any community residence for the developmentally disabled, victims or domestic violence, mentally ill, and persons with head injuries requiring a license, service contract, or affiliation agreement from the New Jersey Department of Human Services shall present a certified copy of such license, service contract or affiliation agreement to the Borough Zoning Officer upon request.  This same document shall be maintained on the premises at all times.  The suspension or revocation of such license, service contract, or affiliation agreement may be grounds for a re-determination by the Borough Zoning Officer.

 

D)                           Unlicensed Facilities: Community residences for the terminally ill, and adult family care homes for the elderly and physically disabled adults not requiring a license, service contract or affiliation agreement with the State of New Jersey Department of Human Services, may be subject to local limits on the total number of persons residing in a

dwelling to prevent overcrowding.

 
Public Hearing

 

Mayor Reynolds opened the floor to the public for questions or comments on the above titled ordinance.

 

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

 

Adoption

 

A motion to adopt Ordinance No. 2004-03, above titled, was offered by C/Soden, seconded by C/Gallagher.  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

 
New Business
 
ORDINANCE NO. 2004-04                                            First Reading & Introduction

 

AMENDING & SUPPLEMENTING FEES

OF THE BOROUGH OF ENGLISHTOWN

 

            Be It Ordained by the Governing Body of the Borough of Englishtown that the following sections be amended and supplemented as follows:

 

CHAPTER 2.63 CONSTRUCTION CODE

            Section 2.63.03, Fee Schedule

 

[Start Actions][Amending 2.63.03 Fee schedule; reports.]

 

A. The fee for a construction permit shall be the sum of the subcode fees listed in Subsection A (1) below, and shall be paid before the permit is issued.

 

(1) The building subcode fee shall be:

    (A) For new construction two cents ($0.02) two and seven-tenths $0.027 per cubic foot of   building or structure volume, provided that the minimum fee shall be forty-five dollars ($45.00).

          

State Fee .00190 $0.00265 times the cubic feet

C.O. Fee 10% of total or minimum of $25.00

 

(B) For renovations, alterations and repairs, twenty-five dollars ($25.00) per one thousand dollars ($1,000.00) estimated cost of the repairs and work, to $50,000 and including $100,000.00.  Twenty Dollars ($20.00) per Thousand of the estimated cost of work over $100,001.00, provided that the minimum fee shall be Forty-five Dollars ($45.00) residential unit or structure and one hundred dollars ($100.00) per commercial unit or structure. provided that the minimum fee shall be forty-five dollars ($45.00).

 

(C) For additions, two cents ($0.02) per cubic foot of building or structure volume for the added portion,  provided that the minimum fee shall be Forty-five Dollars ($45.00).      

     

      State Fee .00096 $0.00265 times the cubic feet

      C.O. Fee 10% of total subcode or minimum of $25.00

 

(D) For combinations of renovations and additions: the sum of the fees computed separately as renovations and additions.

 

(E) Reroof:

          Forty Dollars ($40.00) Forty-five dollars ($45.00) Residential

Fifty Dollars ($50.00) Fifty-five dollars ($55.00) Commercial

(F) Siding:

         Forty Dollars ($40) Forty-five dollars ($45.00) Residential

     Fifty Dollars ($50) Fifty-five dollars ($55.00) Commercial

 

(G) Demolition:

Thirty-five Dollars ($35.00) Residential

Forty-five Dollars  ($45.00) Commercial

 

(H) Satellite dish: 

Ten Dollars ($10.00)

 

(G) Pools:       

      In Ground:

       Sixty-five Dollars  ($65.00) Seventy-five dollars ($75.00)        

    Above Ground: 

          Thirty-five Dollars ($35.00) Forty-five dollars ($45.00)

 

   Fence Permit for pools: Forty-five dollars ($45.00)

 

(H) Demolition:

      Forty-five dollars ($45.00) Residential Buildings or Structures

      Fifty-five dollars ($55.00) Commercial Buildings or Structures

 

(I) The fee for a Certificate of Occupancy:

      New construction shall be computed at Ten Percent (10%) of the fee

      to be charged for the construction permit.

 

(J) Signs:

      Ten dollars ($10.00) per sign

 

(K) The minimum charge for Building Subcode fee or any inspection

      not listed above shall be forty-five ($45.00).

 

(2) The Plumbing subcode fee shall be as follows:

 

(A) Fixtures and stacks, including but not limited to sinks, urinals, water closets, bathtubs, shower stalls, floor drains, laundry tubs, sump pumps, drinking fountains, hose bibs, water condition systems, humidifiers, dishwaters, garbage disposals, clothes washers and similar devices, the fee shall be seven dollars ($7.00) ten dollars ($10.00) each.

 

 

(B)            Hot Water Heaters:

            Twenty-five Dollars ($25.00) Thirty dollars ($30.00) Residential

           

            The fee for replacement of hot water heaters in residential uses shall be Fifteen dollars ($15.00)

     

      Fifty dollars ($50.00) Non-Residential

 

(C) Each domestic boiler/furnace/pool heater shall be computed at the rate of forty-five dollars  ($45.00).  The fee for replacement of boiler/furnace/pool heater in residential uses shall be fifteen dollars ($15.00).

 

      (D) Sewer:

            Thirty-five Dollars ($35.00) Forty-five dollars ($45.00) Residential

      Seventy-five dollars ($75.00) Non-Residential

 

(E) Special devices, including but not limited to grease traps, oil separators, water-cooled air conditioner units, pumps and similar pump devices, low water cut off devices, the fee shall be forty dollars ($40.00) forty-five dollars ($45.00) each.

 

(F) Yard Irrigation Systems:  Back-flow Preventer Device:

      Fifty dollars ($50.00) each - Single Family Homes

      One Hundred dollars each - Others   Non-Residential

     

(G) Roof Drains:             

      Fifteen Dollars ($15.00) Twenty dollars ($20.00) each

      Back Flow Prevention Device:

Forty-five Dollars ($45.00) each

     

(H) Indirect Connections:  

      Twenty-five dollars ($25.00) each

 

 (I) Footing Drains:     

      Twenty-five dollars ($25.00) each - Single Family Homes

      Fifty dollars ($50.00) each - Others Non-Residential

 

 (J) Water Service Line:  

      Thirty-five Dollars ($35.00) Forty dollars ($40.00) - Residential

      Fifty Dollars ($50.00) - Non-Residential

 

(K) Air Conditioner Condensate Drains:  

     

      3/4" Drain   Fifteen dollars ($15.00) each

      1" Drain    Twenty-five dollars ($25.00) each

      1-1/4" Drain   Fifty dollars ($50.00) each

      Over 1-1/4"    Seventy-five dollars ($75.00) each

  

(L) Cross Connections:  

      Twenty-five dollars ($25.00) each

 

(M) Gas Piping: 

      Ten dollars ($10.00)

     

(N) Pool Heater

      Thirty dollars ($30.00)

     

Boiler

 Thirty Dollars ($30.00)

 

(O) Minimum Plumbing Fee Not Listed Above:

      Forty-five dollars ($45.00)

      Thirty-five Dollars ($35.00) - Residential

Fifty Dollars ($50.00) - Non-Residential

 

3.  The electric subcode fee shall be as follows:           

          

(A) Receptacles, switches and lighting devices of less than 1 HP or KW:

Outlets: including lighting devices, wall switches, fluorescent fixtures, convenience receptacles or similar fixtures and motors or devices of less than one (1) horsepower or one (1) kilowatt:

      First 1-25 devices      $40.00

      One (1) to Twenty (25) devices: Forty-five dollars ($45.00) 

 Each additional device  1.00

For additional devices: One dollar ($1.00) each

 

(B) Motors and Electrical Devices rated over:

       1 to 5 KW or HP    $10.00 ea.   $15.00 ea.

       5 to 10 KW or HP    $25.00 ea.   $30.00 ea.

      10 to 50 KW or HP    $50.00 ea.   $55.00 ea.

      50 to 100 KW or HP    $75.00 ea.   $80.00 ea.

      100 & larger KW or HP    $150.00 ea.$160.00 ea.

 

(C) Transformers and Generators rated over:

       1 to 5 KW      $10.00 ea. $15.00 ea.

       6 to 10 KW      $25.00 ea. $30.00 ea.

       11 to 50 KW      $50.00 ea. $60.00 ea.

       51 to 100 KW      $75.00 ea. $80.00 ea.

       101 & larger KW      $150.00 ea. $160.00 ea.     

 

(D) Service Panels, Switchboards and Panelboards:

      Up to 100 amperes      $45.00      $50.00

      Over 100 to 200 amperes             $75.00      $80.00

      Over 200 to 600 amperes    $250.00    $260.00

      Over 600 & larger amperes      $400.00    $410.00

 

(E) All appliances, heating devices, air conditioners, kitchen dishwashers, water heaters and any other electrical equipment installed for use in any residential, commercial and industrial facility shall be charged in accordance with the fee schedule listed above.

 

(E) Each of the following items for replacement in residential uses, the fee shall be Fifteen dollars ($15.00):

      a. Natural gas furnace or boiler

      b. Liquefied petroleum gas (LPG) furnace or boiler

      c. Electric heater

      d. Heat pump

      e. Electric hot-water heater

 

(F) Additional items not covered above shall be as indicated hereinafter:

      Above ground swimming pool per unit, flat fee of $50.00

      In-Ground swimming pool per unit, flat fee of $100.00

      Spa or Hot Tub installed inside or outside, flat fee of $50.00

      Burglar Alarm or Fire Alarm devices counted as in Item A above

      Central Fire or Burglar control panels, each $10.00

      Smoke and Heat Detectors counted as in Item A above

      All signs installed within or on buildings, flat fee each $10.00

      Signs - Free standing, flat fee each $25.00

 

(F) Each of the following listed items not listed above, the fee shall be Twenty-five dollars ($25.00):

      a. Electric heater

      b. Heat pump

      c. Electric dryer

      d. Electric range

      e. Surface unit

      f. Commercial exhaust hoods

      g. Sauna

      h. Hot water heater

      i. Oven

      j. Dishwasher

      k. Gas/Oil heaters, furnaces, or boiler

      l. Commercial exhaust fans

      m. Hot tubs & jacuzzi

      n. Alarm systems

      o. Air conditioner

      p. Intercom panels

      q. Telephones and communication wiring

      r. Area lighting

      s. Pool lighting

 

(G) Minimum fee   $45.00 The minimum charge for any inspection not listed above shall be forty-five dollars ($45.00).

 

(H) Any installation of any wiring or any voltages operating at 10 volts or

      more shall comply with N.J.S.A. 45:5A et seq., which is the "Electrical

      Contractors Licensing Act of 1962" and Regulations N.J.A.C. 5:23-4.18[c]3,

as adopted subject to amendment and in accordance with N.J.A.C. 5:23-4.17 [b].

 

(H) Smoke detectors/CO

       a. One (1) to ten (10) devices:  $25.00

       b. Over ten (10) devices, additional one dollar ($1.00) per device

 

 (I)   Pools

                  a. Above ground pools: $50.00

       b. In-ground: $125.00

 

    (4) The fire protection subcode fee shall be as follows:

       

 A. For gasoline, oil, fuel, liquefied petroleum gas, chemical or miscellaneous storage tanks up to five

      hundred fifty (550) gallon capacity shall be forty-five dollars ($45.00).

 

          Tanks over five hundred fifty (550) and up to two thousand five hundred (2,500) gallon capacity    

          shall be seventy-five dollars ($75.00).

 

           Tanks over two thousand five hundred (2,500) gallons an additional seven   dollars ($7.00) per    

            one thousand (1,000) gallons.

 

 B.  For fire alarms, smoke detectors, standpipes, fire suppression systems or special fire protection

      systems shall be computed at twenty-five dollars ($25.00) per one thousand dollars ($1,000)

      construction cost provided that the minimum fee shall be forty-five dollars ($45.00).

 

For automatic fire sprinkler system, limited area sprinkler systems shall be computed per sprinkler head:

                  1 to 199 sprinkler heads..........................................................$45.00

              200 to 399 sprinkler heads.…......................................................$90.00

                     400 or more sprinkler heads.…..................................................$180.00

 

C.  For commercial kitchen exhaust equipment, mechanical systems for all use       groups the fee shall be computed at twenty-five dollars ($25.00) per one thousand dollars ($1,000) construction cost provided that the minimum fee shall be forty-five ($45.00).

 

D.     For heating units for all use groups the fee shall be computed at twenty-five ($25.00) per one thousand dollars ($1,000) construction cost provided that the minimum fee shall be forty-five dollars ($45.00), The fee for replacement of heating units in residential uses shall be fifteen dollars ($15.00) each.

 

E.  Demolition of aboveground or in-ground fuel oil tanks or other type tanks shall be Thirty-five dollars ($35.00).

 

F.     For woodstoves, prefabricated fireplaces, masonry fireplaces, gas fireplaces or alternate heating devices and components the fee shall be computed at twenty-five dollars ($25.00) per one thousand ($1,000) construction cost provided that the minimum fee shall be forty-five dollars ($45.00).

 

G.     The minimum fire protection fee not listed above shall be forty-five dollars ($45.00).

 

 

CHAPTER 2.73, FIRE PREVENTION

     Section 2.73.06, Permits and Fee Schedule

     

Fees established for inspections and the frequency of inspections are as follows:

 

A. Mercantile businesses shall be inspected yearly with a fee schedule of:

       $65.00 for the first 1,000 square feet.

       $5.00 for each additional 1,000 square feet.

      $10.00 for each additional 1,000 square feet

 

B.  Factories shall be inspected yearly with a fee schedule of:

       $80.00     $90.00 for the first 1,000 square feet.

       $90.00   $100.00 for 1,001 to 3,500 square feet.

       $100.00 $110.00 for 3,501 to 6,000 square feet.

       $110.00 $120.00 for 6,001 to 10,000 square feet.

       $120.00 $130.00 for excess of 10,000 square feet.

 

C.        Warehouses shall be inspected yearly with a fee schedule of:

       $80.00     $90.00 for the first 2,000 square feet.

       $90.00   $100.00 for the 2,001 to 5,000 square feet.

       $100.00 $110.00 for excess of 5,000 square feet.

 

Offered By:           C/Simon

 

Seconded By:        C/D’Agostino

 

Roll Call:    Ayes:   C/Soden, C/Rucker, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri

                 Nays:    None

             Abstain:    None

              Absent:    None[End Actions]

 

Julie Martin advises the Public Hearing and Adoption on Ordinance # 2004-04 will be on April 28, 2004 during the regularly scheduled Council Meeting.

 

Borough of Englishtown

Resolution No. 2004-76

 

Authorizing Reading of the Budget By Title

 

            Whereas, N.J.S.A. 40A:4-8 provides that the budget be read by title only at the time of Public Hearing if a Resolution is passed by not less than a majority of the full Governing Body, providing that at least one week prior to the date of hearing a complete copy of the approved budget as advertised has been posted in Borough Hall and copies made available by the Municipal Clerk to persons requiring them; and

 

            Whereas, the two conditions will be met.

 

            Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the budget shall be read by title only.

 

Offered By:            C/Gallagher

 

Seconded By:         C/Simon

 

Roll Call:  Ayes:      C/Soden, C/Rucker, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri

               Nays:       None

            Absent:       None

           Abstain:       None

 

 Borough of Englishtown

Resolution No. 2004-77

 

Authorization of Purchases or Services Over $800

 

            Whereas, the Borough of Englishtown Council requires that purchases and services over $800.00 or more be pre-approved by the Governing Body except in the case of imminent emergency situation; and

 

            Whereas, the following itemized request(s) were submitted to the Chief Financial Officer by the respective Committee Chairperson(s) for Council approval; and

 

            Whereas, the Chief Financial Officer certifies that appropriate funds are available for the following:

 

Emergency Repair to Water Service – English Club            $3,210.00

 

Purchased From:

Brenner Drainage & Excavating, Inc.

205 Dey Grove Road

Monroe Township, NJ 08831

 

            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/Gallagher, C/Simon, C/D’Agostino, C/Palmieri

                  Nays:       None

               Absent:       None

              Abstain:       None

 

Borough of Englishtown

Resolution No. 2004-078

 

RESOLUTION AUTHORIZING THE BOROUGH OF ENGLISHTOWN

TO EXECUTE AN AGREEMENT WITH FRANK AND DEBRA MATCOVICH FOR THE CONSTRUCTION OF A SHED WITHIN A BOROUGH DRAINAGE EASEMENT.

 

            NOW, THEREFORE, BE IT RESOLVED, by the Borough Council of the Borough of Englishtown as follows:

 

1.                  For good cause having been shown, the Borough of Englishtown is hereby authorized to execute an agreement with Frank and Debra Matcovich, so that the said property owners can conditionally construct/install a shed over the municipal drainage easement area, located at the rear of the property identified as 16 North Gate Drive (Block 3, Lot 5), Englishtown, New Jersey.

 

2.                  That the Mayor, Clerk, and other appropriate Borough representatives are hereby authorized to sign any and all documents necessary to effectuate the intentions of the within Resolution, including the attached Agreement, or document substantially similar thereto.

 

3.                  The within Resolution shall take effect immediately.

 

 

Offered by:                  C/Simon

 

Seconded by:              C/D’Agostino

 

Roll Call:   Ayes:         C/Soden, C/Rucker, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri

                  Nays:        None

              Abstain:         None

               Absent:         None

 

AGREEMENT

 

THIS AGREEMENT is made this        day of                   , 2004 by and between the following:    

   

Borough of Englishtown, a Municipal Corporation of the State of New Jersey, having a principal address of 15 Main Street, Englishtown, NJ 07726 (hereinafter referred to as the “Borough”, the “Municipality”, or “Englishtown”);  and

 

Frank Matcovich and Debra Matcovich, having a principal address of 16 North Gate Drive, Englishtown, New Jersey, 07726 (hereinafter referred to as “Matcovich” or the “Owners”).

 

            WHEREAS, the parties acknowledge that the Borough owns a certain 15 foot drainage easement, or other right-of-way, over/under/across/on the rear of the property identified as Block 3, Lot 5 (16 North Gate Drive), Englishtown, New Jersey; and

 

            WHEREAS, the parties acknowledge that Frank and Debra Matcovich currently own the said Block 3, Lot 5, Englishtown, New Jersey, a portion of which is encumbered by the said drainage easement/right-of-way; and

 

            WHEREAS, the Owners desire to construct a shed, having dimensions of 8 feet by 10 feet, on their property over the said easement area; and

 

            WHEREAS, the strict language of the municipal drainage easement/right-of-way prevents any construction over the easement area; and

 

            WHEREAS, notwithstanding the same, the parties desire to negotiate an agreement whereby the Borough can still preserve/protect its drainage easement while still allowing the Owners to enjoy the use of their property.

 

            NOW, THEREFORE, BE IT AGREED, that in exchange for $1.00 and other good and valuable consideration, the parties hereby agree as follows:

 

1.                  The Borough hereby conditionally grants the Owners a license to construct and maintain a shed, having dimensions of 8 feet by 10 feet, on and over the 15 foot public drainage easement located on the rear of the property identified as Block 3, Lot 5, Englishtown, New Jersey.

 

2.                  The details of the proposed shed are set forth on Schedule “A”, which is attached hereto and incorporated herein at length.

 

3.                  The Owners shall be responsible for the cost of installing, maintaining, and removing the shed and all liabilities associated therewith.  Additionally, the Owners hereby agree to release, defend, indemnify, and hold the Borough (and its agents, representatives, and employees) harmless from and against any and all liability associated with the use of the drainage easement area, any construction/improvements on the same, and any and all liability associated with the within Agreement.

 

4.                  The Owners hereby grant the Borough the right (without notice) to enter onto the Owners’ property for purposes which include, but are not limited to, the following: accessing, reviewing, studying, inspecting, viewing, repairing, maintaining, rehabilitating, constructing, improving, and/or restricting the municipal drainage easement area, or any other municipal purposes associated with the easement area.

 

5.                  The Borough may terminate the within Agreement, with or without cause, at any time, and without any advanced notice to the Owners.

 

6.                  In the event the within Agreement is terminated, the Owners shall immediately arrange, at the Owners’ sole cost and expense, to remove (in a good workmanlike manner) any construction/improvements on/over/under/across the municipal easement area (on the Owners’ property).  Additionally, in such an event, the Owners shall immediately arrange for the easement area to be returned to its pre-disturbed condition.

 

7.                  In the event the Owners do not immediately remove the improvements (upon being advised of the requirement to do so), the Borough is hereby authorized to remove the same, and all such associated costs (including reasonable attorney fees) shall be charged to the Owners.

 

8.                  Notwithstanding anything contained herein to the contrary, nothing shall obviate the need for the Owners to obtain any and all other municipal permits/approvals associated with the installation of the shed.

 

9.                  The Owners shall maintain the designated shed in good condition.

 

10.              The Borough (and its agents, representatives, and employees) assumes no liability for the use, design, or installation of the shed.  Additionally, the Owners shall ensure that their homeowner’s insurance policy provides coverage for the same.

 

11.              The size, shape, design, and location of the shed shall not be altered in any fashion, absent further written authorization of the Borough of Englishtown.

 

12.              The within Agreement shall inure for the benefit of the parties and their respective heirs, successors, and assigns.

 

13.              The Owners shall arrange for the within document to be recorded in the Office of the Monmouth County Clerk, and the Owners shall provide the Municipal Clerk with proof of same.

 

14. Associated costs for the preparation of this agreement to be the responsibility of the property owner.

 

________________________________                                                                               

Frank Matcovich, Property Owner                                      Witness

 

 

________________________________                                                                               

Debra Matcovich, Property Owner                                      Witness

 

 

STATE OF NEW JERSEY            }

                                                         }            SS

COUNTY OF MONMOUTH        }

 

            BE IT REMEMBERED that on this ________ day of ________________, 2004, before me, the subscriber, personally appeared Frank Matcovich and Debra Matcovich who, being by me duly sworn on their oath, did depose and make proof to my satisfaction, that they are the persons named in the within instrument, and that said instrument was signed and delivered by said persons as and for their voluntary act and deed.

 

Sworn and subscribed to before

me on the date aforesaid

 

 

__________________________

Notary Public State of NJ

 

ATTEST                                                                      BOROUGH OF ENGLISHTOWN

 

 

____________________________                            By:                                                      

Julie Martin, Borough Clerk                                             Tom Reynolds, Mayor

 

STATE OF NEW JERSEY            }

                                                         }            SS

COUNTY OF MONMOUTH        }

 

I CERTIFY that on

 

TOM REYNOLDS

 

Personally came before me and stated to my satisfaction that this person (or if more than one, each person);

 

(a)    was the maker of the attached Agreement;

(b)   was authorized to and did execute this Agreement as MAYOR of the BOROUGH OF ENGLISHTOWN the entity named in this document; and

(c)    executed this Agreement as the act of the entity.

 

Sworn and subscribed to before

me on the date aforesaid

 

 

__________________________

Notary Public State of NJ

 

Borough of Englishtown

Resolution No. 2004-079

 

Emergency Temporary Appropriations

 

Whereas, an emergent condition has arisen with respect to the need for various operating expenses prior to the adoption of the 2004 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 2004 pursuant to the provisions of Chapter 96, P.L.1051 (N.J.S.A.40A:4-20) including this Resolution total $720,313.00.

 

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

 

Mayor Reynolds explains to the public that since our budget has been adopted, we must do emergency appropriations each month to pay the Borough Bills.  At the April 28, 2004 Council Meeting there will be a public hearing and adoption, so we won’t have to do this anymore.

 

C/Soden states on that note, the auditor and myself went to Trenton today regarding the $40,466.00 cap waiver we needed.  There was no problem and we received it.

 

Roll Call:  Ayes:    C/Soden, C/Rucker, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri

                 Nays:   None

               Absent:  None

              Abstain:  None

 

Borough of Englishtown

Resolution No. 2004-080

 

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 $96,447.22 be and

                   the same are hereby authorized to be paid on April 14, 2004.

 

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/Gallagher, C/Simon, C/D’Agostino, C/Palmieri

                Nays:           None

             Absent:           None

            Abstain:           None

 

Borough of Englishtown

Resolution No. 2004-081

 

Resolution Authorizing the Borough Engineer

To Update the Borough Tax Maps

 

            Whereas, the need has arisen to update the Tax Maps for the Borough of Englishtown; and

 

            Whereas, the Borough Engineer has agreed to perform such services, not to exceed a cost of $200.00 (Two Hundred Dollars).

 

            Now, Therefore, Be It Resolved, by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the Borough Engineer is authorized to make such changes to the Tax Maps.

 

Offered By:                  C/Gallagher     

 

Seconded By:               C/Soden

 

Roll Call:    Ayes:     C/Soden, C/Rucker, C/Gallagher, C/Simon, C/D’Agostino, C/Palmieri

                 Nays:     None

             Abstain:      None

              Absent:      None

 

Mayor Reynolds opens the floor to Tom Herits, Borough Engineer to further discuss the Master Plan Reexamination.

 

Tom Herits explains the Planning Board is requesting a Historic Preservation Ordinance. With this Ordinance new construction has to be approved by Trenton.

 

Tom Herits also states we had bid openings for the Sanford Park bathrooms on February 23, 2004.  The bids came over for what was available from Community Development.  I spoke to Community Development they gave me every indication at the end of the month they are going to pass a resolution to give us an additional $25,000.00.  I sent letters to the two bidders to extend their bids for another 45 days.  By that time we should know if we have the additional money from CDBG.  We also received bids for the replacement of the Water Main on Wood Avenue.  There were seven bids which varied from $45,000.00 to over $100,000.00.  I am going to check out the references on the three lowest bidders.

 

Public Portion

 

Mayor Reynolds opened the floor to the public for any items they wish to bring to the attention of the Governing Body.  

 

Ellen Barbiero, 22 Heritage Drive states that in a short amount of time that she has resided in Englishtown my taxes have gone up a lot.  My concern is I recently received a newsletter from the Freehold Regional High School District and I want an explanation on why Englishtown’s taxes are going up $112.00 per $100,000.00 assessed value and Manalapan’s taxes are only going up $6.00 per $100,000.00 assessed value.

 

Mayor Reynolds and John Bennett, Borough Attorney explain and discussion continues.

 

C/Gallagher states that I wanted Council to know we received another tax appeal on April 1st from Verizon. 

 

Mayor Reynolds states another reason our taxes are going up is because we had several tax appeals.  When you have a tax appeal, if they win that reduces the overall ratable in the district and we have had a significant tax appeal.  This has a huge impact on the taxes.

 

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

 

Executive Session

 

There is no executive session this evening.

 

Adjournment

 

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

 

The time being 8:34 P.M.

 

 

___May 12, 2004       _______                          _________________________

Approved by Governing Body                            Clerk