* A G E N D A *

 

June 9, 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 and Presentation:

 

Commemorating the 100th Anniversary of the Englishtown Volunteer Fire Department

 

Proclamation – June 11, 2004, Mourning of the Passing of Ronald W. Reagan

 

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 2004-05 – Public Hearing and Adoption

Amending/Supplementing Chapter 130 of Borough Code Book

Will be carried forward to the June 23, 2004 Council Meeting

 

            9.         New Business

                       

A.     Resolution Number 2004-111

Urging FCC To Reverse Decision To Deregulate Basic Cable Rates

 

B.     Resolution Number 2004-112

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 7:30 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 commemorating the 100th Anniversary of the Borough of Englishtown Volunteer Fire Department and presents them with a plaque thanking them for their dedicated service.

 

Mayor Reynolds reads Proclamation in recognition and mourning of the passing of the 40th President of The United States, President Ronald W. Reagan.

 

Committee Reports

 

C/Rucker states nothing at this time.

 

C/Palmieri states the Memorial Day Parade went on despite the rain.   I would like to commend all who marched.  Also, the Father’s Day Craft is scheduled for Saturday, June 19th at 12pm in Borough Hall.

 

C/Gallagher states nothing at this time.

 

C/Soden states the court fines for the month of May amounted to $18, 242.04 and to date the court has brought in $113,012.77.

 

C/D’Agostino states the Water Department has started the Well #2 project and there is additional emergency work that is going to be done on the piping associated with this project.  The additional cost will be $13,000.00.  The funds are available and will be on the next bill list.

 

C/Simon states nothing at this time.

 

Correspondence

 

Julie Martin, Municipal Clerk states I received a call from Mr. Jerry Sorgento; referred by Joe Palmieri.  Mr. Sorgento would like to make a short presentation to council regarding solar energy.  I ask council if this is something they are interested in hearing about and if you would like me to set it up for the next council meeting on June 23rd.

 

Mayor and Council agree to have Mr. Sorgento make a short presentation at the June 23rd Council Meeting.

 

Julie Martin continues, regarding Ordinance 2004-05, we did note at the last meeting that the public hearing and adoption would be at this meeting, however it has been carried forward to the June 23rd Council Meeting to give the Planning Board time to look over and advise us as to if there are any amendments needed to be made.

 

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.  2004-05                                            Public Hearing & Adoption

 

AN ORDINANCE AMENDING AND SUPPLEMENTING

CHAPTER 130, “ZONING”, OF THE

“CODE OF THE BOROUGH OF ENGLISHTOWN, NEW JERSEY”.

 

WHEREAS, pursuant to N.J.S.A. 40:55D-89, the Unified Planning/Zoning Board of the Borough of Englishtown has conducted a reexamination of the Borough’s master plan and development regulations and has made certain recommendations relating thereto; and

 

WHEREAS, the Mayor and Borough Council, having reviewed the recommendations made by the Unified Planning/Zoning Board, have determined that it is in the best interests of the Borough to amend the Borough’s zoning ordinance as provided herein.

 

BE IT HEREBY ORDAINED by Borough Council of the Borough of Englishtown, in the County of Monmouth and State of New Jersey, as follows:

 

1.            That Section 2.130.13, entitled “C-1, Commercial, Central Zone”, of Chapter 130, “Zoning”, of the “Code of the Borough of Englishtown, New Jersey” is hereby amended and supplemented in the following respects (additions are underlined):

 

§2.130.13.       C-1, Commercial, Central Zone.

 

A.  Permitted Uses.

 

(8) Apartments.  Any building which complies with the provisions of this section may also contain one or more apartments devoted to a residential use, provided, however, that each such apartment shall comply with the terms and provisions of Chapter 81 “Housing Standards” of the Code of the Borough of Englishtown and all applicable standards of the State of New Jersey and Monmouth County.  Provided, further, that any apartment located within such building shall be restricted to the upper floors of the building.  The total area of any such apartment(s) shall be less than or equal to fifty percent (50%) of the building’s gross floor area.  One (1) off-street parking space shall be provided for each apartment unit.  Said parking space may be located on or off-site, provided, however, that if the parking space is located off-site, proof of the rental or lease of said parking space must be provided to the Borough Zoning Officer or Building Inspector at the time an application for a certificate of occupancy is submitted to the Borough.

 

         2.            That Chapter 130, “Zoning”, of the “Code of the Borough of Englishtown, New Jersey” is hereby amended and supplemented in order to establish a new zoning district, entitled “C-1A, Commercial, Central Zone”, that shall read as follows:

 

C-1A, Commercial, Central Zone.

 

            A.            Permitted uses.

 

(1) Any use permitted in the C-1, Commercial, Central Zone; provided, however, that there shall be no residential apartments permitted in this zone.  Any commercial use in this zone shall comply with all of the requirements of the said C-1 zone.

 

            B.            Permitted accessory uses.

 

                        (1)            Signs, subject to the provisions of this Chapter.

 

                        (2)            Fences, subject to the provisions of this Chapter.

 

(3) Off-street parking, subject to the provisions of §2.109.10A(1)(c) (off-street parking requirements for particular uses); provided, however, that except in the case of one-family and two-family dwellings, no parking area provided shall be established for less than four (4) spaces.

 

C.        Building height limit.  No building shall be erected to a height in excess of thirty-five (35) feet or two and one-half (2-1/2) stories, whichever is less.

 

D.        Required lot area.  Lot area shall not be less that five thousand (5,000) square feet, and lot width not less than fifty (50) feet.

 

E.         Yards required.  Each lot shall have front, side and rear yards not less than the depths or widths following:

 

(1) Front yard setback.  No building or structure shall hereafter be constructed or altered nearer than twenty-five (25) feet to the street right-of-way line.

 

(2) Side yard setback.  No building shall be erected nearer than ten (10) feet to the side line of any interior lot line and on corner lots not nearer than fifteen (15) feet to the side line which is coincident with a street right-of-way line.

 

(3) Rear yard setback.  No building shall be erected nearer than twenty-five (25) feet to the rear line of the lot or the rear line which is coincident with a street right-of-way line.

 

            F.            Maximum lot coverage permitted.  Seventy-five percent (75%).

  

3.            That Section 2.130.10, entitled “R-LD, Residential Low Density Zone”, of Chapter 130, “Zoning”, of the “Code of the Borough of Englishtown, New Jersey” is hereby amended and supplemented in the following respects (additions are underlined; deletions are shown in strikeout):

 

§2.130.10.       R-LD, Residential Low Density Zone.

 

A.        Principal uses permitted.  In the Low Density Residential Zone, no building or premises shall be used and no building shall be constructed which is arranged, intended or designed to be used except for the following purposes:

 

(3) Professional office.  Provided that the subject parcel is located along and fronting Wood Avenue, and with the following restrictions:

 

(a) That the office be constructed in a single principal structure containing a colonial exterior architectural design.

 

(b) Parking subject to the provisions of §2.109.10A(1)(c) for the floor area devoted to office use.  All off-street parking areas shall be limited to the rear of the office building.  Off-street parking and access drives shall not be located closer than five (5) feet to any side or rear property line.  The perimeter of all off-street parking areas and access drives shall have continuous cast in place concrete curbing or such alternate curb types as approved by the municipal agency.  All parking areas adjacent to conforming residential uses must be appropriately screened with landscaping and fencing as approved by the Board.

 

(c) No more than one (1) professional office shall be located in any one building.

 

(d) In addition to the professional office, the building may contain no more than one (1) or more apartments or dwelling units provided that the apartment(s) shall be restricted to the upper floors of the building, each contain a minimum gross floor area of 800 square feet and have an entrance separate from the office use.

 

In addition, two (2) off-street parking spaces shall be provided for the each apartment or dwelling unit.

 

(e) There shall not be more than two (2) professionals using the office and no more than three (3) nonprofessional employees.

 

                                    (f) (e)            Signs for the office are subject to the provisions of this Chapter.

 

(g) (f) Any office governed by this Section shall be treated as a dwelling unit for all purposes of compliance with the Code of the Borough of Englishtown, except as limited by this Section.

 

(h) (g) The maximum permitted lot coverage for any use permitted by this Section shall not exceed sixty percent (60%).

 

4.            That Section 2.130.11, entitled “R-MD, Residential Medium Density Zone”, of Chapter 130, “Zoning”, of the “Code of the Borough of Englishtown, New Jersey” is hereby amended and supplemented in the following respects (additions are underlined; deletions are shown in strikeout):

 

§2.130.11.       R-MD, Residential Medium Density Zone.

 

            A.            Principal uses permitted.

 

(2) Professional office.  Provided that the subject parcel is located along and fronting on North & South Main Street, Park Avenue or Tennent Avenue, and with the following restrictions:

 

(a) The office be constructed in a single principal structure containing a colonial exterior architectural design.

 

(b) Parking subject to the provisions of Section 2.109.10A(1)(c) for the floor area devoted to office use.  All off-street parking areas shall be limited to the rear of the office building.  Off-street parking and access drives shall not be located closer than five (5) feet to any side or rear property line.  The perimeter of all off-street parking areas and access drives shall have continuous cast in place concrete curbing or such alternate curb types as approved by the municipal agency.  All parking areas and access aisles adjacent to conforming residential uses must be appropriately screened with landscaping and fencing as approved by the Board.

 

(c) No more than one (1) professional office shall be located in any building.

 

(d) In addition to the professional office, the building may contain no more than one (1) or more apartments or dwelling units provided that the apartment(s) shall be restricted to the upper floors of the building, each contain a minimum gross floor area of 800 square feet and have an entrance separate from the office use.

 

In addition, two (2) off-street parking spaces shall be provided for the each apartment or dwelling unit.

 

(e) There shall not be more than two (2) professionals using the office and no more than three (3) nonprofessional employees.

 

                                    (f) (e)            Signs for the office are subject to the provisions of this Chapter.

 

(g) (f) Any office governed by this Section shall be treated as a dwelling unit for all purposes of compliance with the Code of the Borough of Englishtown, except as limited by this Section.

 

(h) (g) The maximum permitted lot coverage for any office use permitted by this Section shall not exceed sixty percent (60%).

 

            5.            That the Official Zoning Map of the Borough of Englishtown is hereby amended in order to delete the following properties from the “R-MD, Residential Medium Density Zone” zoning district and to include said properties in the “C-1A, Commercial, Central Zone” zoning district:

                        Block  12,       Lots  7, 8, 9, 10.01, 10.02, 11, 12

 

6.            That Section 2.130.03, entitled “Districts Established”, of Chapter 130, “Zoning”, of the “Code of the Borough of Englishtown, New Jersey” is hereby amended and supplemented in order to incorporate the addition of the new “C-1A, Commercial, Central Zone” zoning district.

           

7.            That Section 2.130.04, entitled “Zoning Map”, of Chapter 130, “Zoning”, of the “Code of the Borough of Englishtown, New Jersey” is hereby amended and supplemented so that it shall now reference that an amendment to the Official Zoning Map of the Borough of Englishtown has been effectuated with the adoption of this Ordinance.

 

8.            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.

 

9.            That all other Ordinances or parts of Ordinances inconsistent herewith are hereby repealed to the extent of such inconsistencies.

 

10.            That this Ordinance shall take effect on final passage and publication in accordance with the law.

 

Julie Martin states the Public Hearing & Adoption is rescheduled for the June 23rd, 2004 Council Meeting.

 

New Business

 

Borough of Englishtown

Resolution No. 2004-111

 

Resolution Urging FCC To Reverse It’s Decision

To Deregulate Basic Cable Rates of Cablevision, New Jersey

 

            Whereas, Cablevision is the cable television company serving the Borough of Englishtown under the ordinance grated by the Governing Body of Englishtown and the Certificate of Approval granted by the New Jersey Board of Public Utilities; and

 

            Whereas, the Board of Public Utilities has regulated basic cable television service rates for said Cablevision system pursuant to state and Federal law since it was certified by the Federal Communications Commission (FCC) to do so in October, 1993; and

 

            Whereas, Cablevision is the sole cable television company serving the Borough of Englishtown; and

 

            Whereas, the rates for unregulated television services provided by Cablevision have increased 92.7% since 1999; and

 

            Whereas, regulated basic service rates for Cablevision reviewed by the Board have decreased 19.5% since 1999; and

 

            Whereas, on April 15, 2004, the FCC, at the request of Cablevision, declared a finding that Cablevision was subject to “Effective Competition”, and that it was therefore revoking the Board of Public Utilities’ authority to regulate basic able television services rates in the Borough of Englishtown; and

 

            Whereas, said finding was made by the FCC without sufficient review and based on stale census and housing data, as well as projections based on proprietary data not available to the Board of Public Utilities or the Division of Ratepayer Advocate; and

 

            Whereas, the Board of Public Utilities and Division of Ratepayer Advocate had determined to jointly file and appeal with the FCC to restore rate basic authority to the Board of Public Utilities for the Borough of Englishtown.

 

            Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown strongly supports the action of the Board of Public Utilities and Ratepayer Advocate and urges the FCC to reverse its action and restore protection to residents of Englishtown against unwarranted increases in basic cable service.

 

            Be It Further Resolved, that a certified copy of this Resolution by forwarded to the Secretary of the Federal Communications Commission and the State of New Jersey Board of Public Utilities.

 

Offered by:                   C/Simon

 

Seconded by:               C/Gallagher

 

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

               Nays:             None

            Abstain:             None

            Absent:             None

 

Borough of Englishtown

Resolution No. 2004-112

 

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 $97,807.47 be and

                   the same are hereby authorized to be paid on June 9, 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/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

 

Public Portion

 

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

 

Ralph Kirkland, extends an invitation to Mayor & Council and the public to attend the dedication of the Englishtown Fire Departments 100th Anniversary Monument on June 27th at 1:30.

 

James Bradbury of 18 Center Street states I have a complaint about 36 Harrison Avenue.  It looks like a dump.  There are piles of black top and 3 unregistered vehicles and construction debris on the property. 

 

Mayor Reynolds responds, I will send the Code Enforcement Officer to the property on Saturday.

 

C/Simon thanks Kathy Bien for putting the plaque together for the Fire Department.  You did a wonderful job.

 

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

 

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, pending and anticipated litigation; and

 

            Therefore, be it resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey, as follows, 1) Hereby authorizes Executive Session for the purpose of discussing above matters with N.J.S.A. 10 4-12B, 2) Anticipated at this time that the matters to be discussed in Executive Session will be discussed in Public not earlier than the next regular meeting of the Governing Body, 3) It is anticipated that the Executive Session last not longer than one-half hour,  4) There exists the possibility that action may be taken upon conclusion of the Executive Session when the meeting returns to open.

 

Offered By:           C/Soden

 

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

 

The time being 7:48 P.M.

 

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

 

The time being 8:07 P.M.

 

The following resolution was added after Executive Session.

 

Borough of Englishtown

Resolution No. 2004-113

Amendment to Salary

Municipal Court Magistrate

                                   

 

            Whereas, there presently exists the position of Municipal Court Magistrate of the Borough of Englishtown; and

 

            Whereas, the duties of said position have greatly increased over the years.

 

            Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the salary for said position be amended as of November 1, 2004, retroactively to January 1, 2004 in the amount of $15,000.00 (Fifteen Thousand Dollars) per annum.

 

            Be It Further Resolved, that a true, certified copy of this resolution be forwarded to the Borough Chief Financial Office and Judge James M. Newman.

 

Offered by:                     C/Soden

 

Seconded by:                  C/Gallagher

 

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

                        Nays:      C/Rucker

                    Abstain:      None

                     Absent:      None

 

Adjournment

 

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

 

The time being 8:11 P.M..

 

 

        September 22, 2004                                                                                                            

Approved by Governing Body                                          Clerk