* A G E N D A *

January 26, 2005

 7:30 P.M.

 

Regular Meeting of the Mayor and Council of the Borough of Englishtown, 15 Main Street, Englishtown, New Jersey 07726.

 

1.                  Meeting Called to Order and Roll Call

 

2.                  Statement of Compliance with Sunshine Law

 

3.                  Moment of Silence and Salute to the Flag

 

4.                  Approval of Minutes – October 27, November 10, November 22, 2004

 

5.                  Committee Reports

 

6.                  Correspondence

 

7.                  Richard Hogan, Borough Construction Code Official

Discussion Regarding Proposed Housing Ordinance

 

8.         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.

 

9.                  New Business

 

A.     Ordinance Number 2005-01 – First Reading and Introduction

Creating Chapter 2.67 in Borough Code Book - Municipal Court Discovery Copy Fees

 

B.     Resolution Number 2005-044

Resolution Confirming Water Rates

 

C.     Resolution Number 2005-045

Authorizing Appointment of Deputy Tax Collector

 

D.     Resolution Number 2005-046

Authorizing Approval of SHARE Grant

Plumsted Township Tax Collector

 

E.      Resolution Number 2005-047

Authorizing Appointment of Deputy Court Administrator

 

F.      Resolution Number 2005-048

Authorizing Payment of Borough Bills

 

G.     Resolution Number 2005-049

Authorizing An Agreement With The New Jersey Department Of Community Affairs For Provisions of Housing Affordability Control Services

 

11.       Tax Collector’s Report – December 2004

 

12.        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.

 

13.        Executive Session

 

14.       Adjournment

 

Mayor Reynolds called the meeting to order at 7:32 P.M.

 

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

                 Absent: None  

 

Also present were Julie Martin, Municipal Clerk, and Lynn Tillman, Deputy Municipal Clerk.

 

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

 

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

 

Approval of Minutes – October 27, 2004, November 10, 2004 & November 22, 2004

 

There being no corrections, deletions, or additions, a motion to approve the Minutes of October 27, 2004 was offered by C/Simon, 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

             Abstain:  None

              Absent:  None

 

There being no corrections, deletions, or additions, a motion to approve the Minutes of November 10, 2004 was offered by C/Simon, seconded by C/Gallagher.  Passed on the following roll call:

 

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

               Nays:    None

             Abstain:  C/Soden

              Absent:  None

 

There being no corrections, deletions, or additions, a motion to approve the Minutes of November 22, 2004 was offered by C/Simon, 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

             Abstain:  None

              Absent:  None

 

Committee Reports

 

C/Rucker states we survived the most recent storm with very little damage to the equipment and I commend the DPW for doing a wonderful job.  Secondly, the contractor from Lucas Electric, our contractor for the emergency generator, was in this week to start work.  The projection for completion is 4-6 weeks.

 

C/Palmieri states this coming Saturday, February 5th will be our monthly Recreation meeting at 10:00 a.m. We are working on the Easter Egg Hunt, which is scheduled for the end of March. 

 

C/Gallagher states Daniella Trancho who is our Assistant Municipal Court Administrator has submitted her resignation effective February 1st.  The reason for her resignation is she is also the Administrator in Manalapan, and Manalapan will now be holding court twice a week.  On tonight’s agenda is a replacement for Daniella for your consideration.

 

C/Soden states in the newspaper it stated that the sewer charges were increasing effective February 1st.  I will let you know when I find out what the exact increase will be.

 

C/D’Agostino states nothing at this time.

 

C/Simon states Rick Hogan, Borough Construction Code Official is here this evening to discuss the Proposed Housing Ordinance.  I want to thank Rick for coming.

 

Correspondence

 

Julie Martin, Municipal Clerk states I received correspondence from Jayne Carr, 8 Main Street, which I will pass along to our DPW. Supervisor tomorrow, showing concern about residents not clearing sidewalks after a snowfall.  It is in our Borough Ordinance that if sidewalks are not clear of snow, it gives the right for our DPW. to remove the snow and then inform our Code Enforcer for summons.

 

Jayne Carr also noted that the sign at The Village Inn has not yet been repaired.  The County has been contacted regarding this by our Police Department and also our DPW.

I will follow up tomorrow.

 

Another correspondence was received from a resident on McDonald Way, commending the DPW. staff for the terrific job that was done clearing the streets after the recent snowstorm.

 

I received a call from Steve Levine, First Aid Squad, requesting the use of the council room for first aid training on February 21st.  Borough Hall will be closed that day for President’s Day.  I request your permission.

 

Mayor and Council approve the request.

 

John O. Bennett, Borough Attorney arrives at 7:40 P.M.

 

Mayor Reynolds opens the floor to Rick Hogan, Borough Construction Code Official, for a presentation regarding the Proposed Housing Ordinance.

 

Rick Hogan distributes draft copies of the new Housing Ordinance to Mayor and Council.

 

Rick Hogan gives an overview of the Sections for the new Housing Ordinance.

Section 1 introduces the new Rental Property Registration Program.  This program identifies all rental properties and owners of those properties within the Borough.  There will be an annual application filed along with a registration fee.  The application includes the information on the property along with ownership information and more importantly it supplies us information from the landlord regarding the tenants. 

 

Section 2 discusses the Certificate of Continued Occupancy Program, which is in place now.  This is a resale program.  If there will be a change of ownership to a house in the Borough, the owner has to file for this certificate.  An inspection is performed and a certificate would be issued once approval is received from the Building Department.  The proposed increased fee for the CCO is $100.00.  There is also a $35.00 fire inspection fee.  All smoke detectors and carbon monoxide detectors are checked. 

 

Section 3 deals with our Housing Standards.  This section talks about exterior and interior of the structure, garbage and rubbish, lighting requirements, ventilation requirements, etc. 

 

Mayor Reynolds thanks Rick Hogan for his presentation and for coming to tonight’s meeting.

 

C/Gallagher asks in what time frame will this be implemented?

 

John Bennett, Borough Attorney responds I believe we can have the Ordinance ready for Introduction for the next Council 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 from the public, a motion to close the public portion was offered by C/Simon, seconded by C/D’Agostino.  Passed unanimously.

 

New Business

 

Ordinance No. 2005-01

First Reading & Introduction

 

An Ordinance of the Borough of Englishtown

Creating Chapter 2.67 of the Borough Code Book

Establishing The Fees To Be Charged For Copies Of

Documents Requested Through The Municipal Prosecutor

For Municipal Court Discovery

           

WHEREAS, discovery requests in matters pending in the Municipal Court are submitted through the Municipal Prosecutor, and

 

WHEREAS, it is necessary to establish the fees that may be charged for the copies provided, consistent with the provisions of the New Jersey Open Public Records Act, N.J.S.A. 47:1A-1, et seq.,

 

NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the Borough of Englishtown that the following fee schedule is hereby established:

 

             Municipal Court Discovery

 

1.      All requests for discovery in matters pending in the Borough Municipal Court shall be submitted through the Municipal Prosecutor

 

2.      The following fees shall be payable by the requestor to the Borough of Englishtown for the discovery provided:

 

a.       $.75 per page for each of the first 10 pages photocopied

b.      $.50 per page for each of the next 10 pages photocopied

c.       $.25 per page for each of the pages photocopied thereafter

d.      Actual postage for any discovery sent by mail

e.       $.25 for the envelope for any discovery sent by mail

f.        Photographs will be photocopied at the rates established herein.  If requests are made   

      for duplicate photographs, the actual cost of making the photographs shall be charges.

g.   Duplication of videotapes constitute an extraordinary duplication process and will be charged at the rate of $5.00 per videotape.

 h.  On any item that cannot be photocopied on the Borough copy machine or not otherwise

    provided for in this schedule, the actual cost incurred in making the copy shall be charged.

 

3.      Where the discovery must be obtained from an entity other than the Borough of Englishtown, e.g. another police department, the actual costs paid to the other entity shall be paid by the requestor.

 

Offered By:            C/Simon

 

Seconded By:        C/Soden

 

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

                  Nays:   None

               Absent:   None

              Abstain:   None

 

Julie Martin, Municipal Clerk advises Public Hearing and Adoption will be at the February 9, 2005 Council Meeting.

 

Borough of Englishtown

Resolution No. 2005-044

 

Resolution Confirming Water Rates for

Block 10 Lot 7, (TO1, TO4, TO3, TO2, TO5)

 

            Whereas, Borough Code 2.216.11 sets forth rates; payments and billings for water usage with the Borough of Englishtown; and

 

            Whereas, the Water Superintendent has advised that the minimum charge per quarter should be One Hundred and Sixty Dollars ($160.00) for the first thirty thousand (30,000) gallons of water (as per Borough Code) and not One Hundred and Seventy Five Dollars ($175.00) on the following Block/Lots:

 

Block                        Lot                        Qualifier

 

10                                                           7

10                             7 TO1

10                             7 TO4

10                             7 TO3

10                             7 TO2

10                             7 TO5

 

Now, Therefore, Be It Resolved by the Mayor and Council of the Borough Englishtown, County of Monmouth, State of New Jersey this correction is hereby approved effective April 1, 2005 billing.

 

            Be It Further Resolved that a true certified copy of this resolution be forwarded to the Borough Water Superintendent, the Borough Water/Sewer Clerk and the Borough Chief Financial Officer.

 

Offered By:      C/Soden

 

Seconded By:   C/Simon

 

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

              Nays:   C/Gallagher

           Absent:   None

          Abstain:   None

 

Borough of Englishtown           

Resolution No. 2005-045

 

Appointment of Deputy Tax Collector

 

            Whereas, it is the recommendation of the Administration, Finance and Personnel Committee to appoint Regina Frangipane Deputy Tax Collector;

           

Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey as follows:

 

1.         That Regina Frangipane is hereby appointed Deputy Tax Collector for the Borough of Englishtown, effective January 26, 2005 until December 31, 2005.

 

2.         Shall be under the direction of the Municipal Tax Collector and the Borough Chief Financial Officer.

 

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

 

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. 2005-046

 

Resolution Approving The Borough of Englishtown

To Apply For A SHARE Assistance Grant with

Plumsted Township For The Tax Collector

 

            WHEREAS, the Governing Body of Plumsted Township and Englishtown Borough have agreed to apply for a SHARE (Sharing Available Resources Efficiently) assistance through the State of New Jersey Local REDI Program in the amount of $5,000; and

 

            WHEREAS, the grant includes a local matching requirement in an amount equal to 25% of the amount of the grant, and

 

            WHEREAS, Plumsted Township has agreed to be the lead agency in this endeavor; and

 

            WHEREAS, the State of New Jersey has made SHARE assistance available to assist local units study, develop and implement new shared and regional services; and

 

            WHEREAS, the purpose of this grant is to promote shared services between our local units through the sharing of a Tax Collector, that would be beneficial to both local units; and

 

            WHEREAS, the Township of Plumsted agrees to execute an Interlocal Service Agreement with the Borough of Englishtown in order to implement the sharing of a Tax Collector.

 

            NOW, THERE, BE IT RESOLVED by the Governing Body of Englishtown Borough, that the Borough of Englishtown does hereby join with the Township of Plumsted in applying for a grant for the purpose of implementing the sharing of a Tax Collector, and agrees to provide its required share of the local match in the amount of $650.00 and Plumsted Township Agrees to a local match of $650.00 to meet the 25% required.

 

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. 2005-047 

 

Appointment of Deputy Court Administrator

 

            WHEREAS, there is a vacancy for the position of Deputy Court Administrator; and

 

            WHEREAS, it is the wishes of the Governing Body to fill said vacancy; and

 

            WHEREAS, it is the recommendation of the Court Administrator to appoint Mary Kennedy of Freehold.

 

            NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that Mary Kennedy be appointed Deputy Court Administrator as follows:

 

1.      Part-Time hours per week as needed

2.      Shall be Paid $10.00 per hour, bi-weekly per the salary ordinance

3.      Said salary shall remain in effect for the year 2005

4.      Shall be under the direction of the Court Administrator

5.      Appointment shall be effective February 2, 2005 and end December 31, 2005

 

BE IT FURTHER RESOLVED that a certified true copy of this resolution be forwarded to Mary Kennedy, Patricia Wojnas, and the Chief Financial Officer.

 

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

         Abstain:       None

         Absent:       None

 

Borough of Englishtown

Resolution No. 2005-048

 

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 $844,050.49 be and

                   the same are hereby authorized to be paid on January 26, 2005.

 

2.        The Borough Clerk be and is hereby directed to list on the page in the

Minutes Book following the minutes of this meeting all of the said vouchers hereby authorized to be paid.

 

Offered  by:      C/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. 2005-048

 

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 $844,050.49 be and

                   the same are hereby authorized to be paid on January 26, 2005.

 

3.        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

 

Borough of Englishtown

Resolution No. 2005-049

 

A RESOLUTION AUTHORIZING THE BOROUGH OF ENGLISHTOWN

TO ENTER INTO AN AGREEMENT WITH THE NEW JERSEY

DEPARTMENT OF COMMUNITY AFFAIRS FOR THE PROVISION

OF HOUSING AFFORDABILITY CONTROL SERVICES.

 

            WHEREAS, under authorization of the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301, et seq. (the “Act”), the Borough of Englishtown is implementing a program to provide affordable housing units to low and moderate-income households desiring to live within the Borough; and

           

            WHEREAS, Section 5:80-26.14 of the New Jersey Administrative Code provides that affordability controls are to be administered by an administrative agent acting on behalf of a municipality, and provides further that a municipality may select the Department of Community Affairs’ Housing Affordability Service (HAS) to administer such controls; and

           

            WHEREAS, the Borough has selected HAS to be the administrative agent for the purposes of providing affordability control services for all affordable housing constructed and to be constructed within the Borough.

           

            NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED by the Mayor and Borough Council of the Borough of Englishtown, County of Monmouth, State of New Jersey, that the Mayor is authorized to execute and the Municipal Clerk to attest an agreement between the Borough of Englishtown and the New Jersey Department of Community Affairs, for the provision of housing affordability control services within the Borough.

           

BE IT FURTHER RESOLVED that a certified copy of this Resolution shall be provided to each of the following:

            a.            Department of Community Affairs

                        b.            Borough Engineer

                        c.            Borough Planning Board Attorney

                        d.            Borough Planning/Zoning Board Administrative Officer

                        e.            Borough Attorney

 

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

 

Tax Collector’s Report

                                              

                                                Month of December, 2004

 

                                    Current Taxes 2004                  44,692.21

                                    2003 Taxes                              17,999.85

                                    Prepaid Taxes                            7,008.09

                                    Interest & Cost on Taxes            7,711.24

                                    6% year end penalty                      876.97

                                    Third Party Lien                         6,264.42

                                    Ad Cost                                        355.76

 

                                    Total Cash Receipt                   84,908.54

 

Public Portion – Non Agenda Items

 

Mayor Reynolds opens the floor to the public for discussion on anything they wish to bring to the attention of the governing body.

 

There being no questions or comments from the public a motion to close the public portion was offered by C/Simon, seconded by C/D’Agostino.  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 and 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/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

 

The time being 8:24 P.M.

 

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

 

The time being 9:20 P.M.

 

Adjournment

 

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

 

The time being 9:21 P.M.

 

 _April 13, 2005___________                                          ________________________

Approved by Governing Body                                          Clerk