A G E N D A

February 9, 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 – December 13, 2004

 

5.     Committee Reports

 

6.     Correspondence

 

7.     Discussion: Connection Fees For Water and Sewer

 

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.     Old Business:

 

A.     Ordinance No. 2005-01 – Public Hearing and Adoption

Creating Chapter 2.67 of Borough Code Book - “Municipal Court Discovery Fees”

 

B.     Resolution No. 2005-044 – Amended

Amendments To Water Rates on Block 10, Lot 7

 

10.   New Business:

 

C.     Ordinance No. 2005-02 – First Reading and Introduction

Amending And Supplementing Borough Code Book – Chapter 1.10, Chief Financial Officer

 

                        D.  Ordinance No. 2005-03 – First Reading and Introduction

                        Amending And Supplementing Borough Code Book – Chapter 2.106, Sewers, Section

                        2.106.12 – Rates and Charges

 

E. Ordinance No. 2005-04 – First Reading and Introduction

Authorizing Cable Vision Agreement

 

F.  Resolution No. 2005-050

Authorizing Extension of Recycling Contract

 

G.     Resolution No. 2005-051

Authorizing Purchases Over $800 – Maser Consulting

Storm water Pollution & Management Plan 

 

H.     Resolution No. 2005-052

Authorizing Purchases Over $800 – Office Solutions

 

I.        Resolution No. 2005-053

Authorizing Payment of Borough Bills

 

            11.       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.

 

12.      Executive Session

 

13.     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

                  Absent:      C/D’Agostino, C/Palmieri

 

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 – December 13, 2004

 

There being no corrections, deletions, or additions, a motion to approve the Minutes of December 13, 2004 was offered by C/Simon and seconded by C/Gallagher.  Passed on the following roll call:

 

Roll Call:  Ayes:    C/Soden, C/Rucker, C/Gallagher, C/Simon

                Nays:    None

              Absent:   C/D’Agostino, C/Palmieri

             Abstain:    None

 

Committee Reports

 

C/Rucker states nothing at this time.

 

C/Gallagher states nothing at this time.

 

C/Soden states nothing at this time.

 

C/Simon states the police activity report from January 21 – February 6; there were 512 calls and 101 motor vehicle stops.  On tonight’s agenda is the renewal of the Cablevision contract.  It would be a ten-year renewal that we will be discussing this evening. 

 

Correspondence

 

Julie Martin, Municipal Clerk states no correspondence this evening.

 

Discussion – Connection Fees for Water and Sewer

 

Mayor Reynolds opens the floor to Himanshu Shah, Chief Financial Officer and Jim Mastrokalos, Water/Sewer Superintendent for discussion on new water and sewer connection fees.  Himanshu Shah opens discussion explaining how the new rates are calculated.  We are still waiting for information from W.M.U.A. as to our share of their capital cost which would be applied.  My recommendation is to move forward adopting the rates and then adjust them when the information from W.M.U.A. is received.  Jim Mastrokalos and I also discussed hiring our auditors to do this calculation.  This would also alleviate the Borough of Englishtown from any litigations going forward. 

 

John Bennett, Borough Attorney arrives at 7:39 P.M.

 

Mayor Reynolds briefs John Bennett on discussion.  He explains the advisory to have the Borough Auditors do the calculation analysis. 

 

Mayor and Council agree a Resolution would be done tonight appointing the Borough Auditor, Gene Farrell to perform such analysis at a cost not to exceed $4000.00. 

 

Himanshu Shah gives verbal certification in the amount of $4000.00 to contract Gene Farrell to do analysis.

 

Mayor Reynolds thanks Himanshu Shah and Jim Mastrokalos for coming to tonight’s meeting.

 

Public Portion – Agenda Items

 

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

 

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

 

Old Business

 

Ordinance No. 2005-01                                       

Public Hearing & Adoption

 

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

               Nays:             None

             Absent:            C/D’Agostino, C/Palmieri

            Abstain:             None

 

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 2005-01, above titled, was offered by C/Soden, and seconded by C/Simon.  Passed on the following roll call:

 

Roll Call:  Ayes:      C/Soden, C/Rucker, C/Gallagher, C/Simon

                Nays:      None

              Abstain:    None

               Absent:    C/D’Agostino, C/Palmieri

 

Borough of Englishtown

Resolution No. 2005-044

A M E N D E D

 

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/Gallagher, C/Simon

              Nays:  None

           Absent:  C/D’Agostino, C/Palmieri

          Abstain:  None

 

New Business

 

Ordinance No. 2005-02                                        First Reading & Introduction

 

AN ORDINANCE AMENDING AND SUPPLEMENTING

CHAPTER 1.10, “CHIEF FINANCIAL OFFICER”,

OF THE “CODE OF THE

BOROUGH OF ENGLISHTOWN, NEW JERSEY”

 

            WHEREAS,  the Mayor and Borough Council of the Borough of Englishtown believe that it is in the best interests of the Borough to establish a minimum number of hours each week which the Borough Chief Financial Officer must work; and

 

            WHEREAS, adoption of the such regulations will better enable the Borough to operate more efficiently and effectively.

 

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

 

1.      That Section 1.10.01, entitled “Chief Financial Officer: establishment; Certification”, of Chapter 1.10, “Chief Financial Officer”, of the “Code of the Borough of Englishtown, New Jersey” is hereby amended and supplemented in the following respects (Additions are underlined):

 

1.10.01        Chief Financial Officer: establishment; Certification.

 

There is hereby established the office of Chief Financial Officer in the Borough of Englishtown, who shall be a Certified Municipal Financial Officer pursuant to N.J.S.A. 40A:9-140.1, et seq., and who shall be appointed for a term and perform the duties as provided by statute or municipal ordinances. The minimum number of hours each week, which the Chief Financial Officer must work, shall be established by the Mayor and Borough Council as deemed necessary for the performance of the duties of Chief Financial Officer.  The Chief Financial Officer may hold another office or position in the Borough of Englishtown, and if such is the case shall receive the salary of that office or position; otherwise, the Chief Financial Officer shall receive the salary and compensation as provided in Chapter 37 of the “Code Of the Borough of Englishtown, New Jersey”. Nothing contained herein shall prevent the person who is serving as Chief Financial Officer while at the same time holding another office or position with the Borough for which he is receiving the compensation of that latter office, to receive a stipend or other compensation determined by the Mayor and Borough Council for performing the additional duties of Chief Financial Officer.

 

2.      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.

 

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

 

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

 

Offered by:          C/Soden

 

Seconded by:      C/Gallagher

 

Roll Call: Ayes:    C/Soden, C/Rucker, C/Gallagher, C/Simon

                Nays:   None

            Abstain:   None

             Absent:   C/D’Agostino, C/Palmieri

 

Julie Martin, Municipal Clerk advises the Public Hearing and Adoption on Ordinance No. 2005-02 will be on February 23, 2005 during the regularly scheduled Council Meeting.

 

Ordinance No. 2005-03                                        First Reading & Introduction

 

An Ordinance Amending An Ordinance Entitled

“An Ordinance Regulating the Use of the Sewer System

in the Borough of Englishtown, in the County of Monmouth

and State of New Jersey, Fixing the Rates to be Charged

Therefore, Establishing Rules and Regulations Concerning

The System Thereof, The use and Protection of said System and Penalties

for the Violations of Said Rules and Regulations”

 

            Be It Ordained, the Mayor and Council of the Borough of Englishtown, County of Monmouth and State of New Jersey as follows:

 

Section I.  Section 2.106-12 of the Ordinance entitled as above is hereby amended to read as follows:

 

Section 2.106-12.  The annual sewer rates effective February 1, 2005 shall be as follows:

 

 

                                              Domestic

                                              Consumer                     Quarterly                     Annual

Types of Service                     Units                           Charges                      Charges                                   

Single-Family Dwellings               1                                    116.25                        465.00

 

Single-Family Dwellings

(with Garbage Disposal)               1-1/4                             145.30                        581.20

 

Apartments or Multifamily

Dwellings (Each Unit Charge)     1                                     116.25                        465.00

 

Single-Family Dwellings

(With Business Use)                    2                                    232.50                        930.00

 

Single-Family Dwelling

(With Medical or Dental

Office)                                        2-1/2                              290.63                      1162.52

 

Service Station                           1                                    116.25                         465.00

 

Service Station (With Car

Wash Facilities)                          2                                    232.50                         930.00           

 

Diner; Tavern; Restaurant

(For Each Seating Capacity

of 50 or Part Thereof)                 3                                   348.75                       1395.00

 

Swim Club                                 6                                    697.50                       2790.00

 

School (For Each 28

Students and Faculty Thereof)     1                                  116.25                          465.00

 

Churches; Clubs; Non-

Profit Organizations                    1                                  116.25                           465.00

 

Hospitals and Nursing

Homes (For Each 5 Patients

And Staff Facilities)                    1                                  116.25                          465.00

 

Public Buildings                          1                                  116.25                          465.00

 

Supermarkets (For Each

6 Employees)                             1                                  116.25                         465.00

 

BUSINESS (COMMERCIAL)

          Domestic

                                              Consumer                     Quarterly                    Annual

Types of Service                        Units                         Charges                    Charges

 

For Each Commercial Unit

Utilized by a Separate Owner

Or Tenant or for First 4 Fixture

Units or Less                                    1                          116.25                         465.00

 

For Each 2 Additional

Fixture Units or Less

(Whichever of the Above

is Greater)                                        1                          116.25                        465.00

 

Industrial Plants (For

Each 5 Employees)                           1                          116.25                        465.00

 

Laundromat (For Each

3 Machines)                                     1                          116.25                        465.00

 

Water Plants (For Each

100,000 Gallons

Discharged Per Quarter)                   1                          116.25                        465.00

 

            Section II.  Any Ordinance or part thereof inconsistent with the provisions of this Ordinance is hereby repealed to the extent of such inconsistency.

 

Section III.  All Ordinances or parts of Ordinances inconsistent with this Ordinance are hereby repealed.

 

            Section IV.  This Ordinance shall take effect immediately upon final passage and publication according to law.

 

Offered by:             C/Soden       

                                   

Seconded by:         C/Simon    

                       

Roll Call: Ayes:       C/Soden, C/Rucker, C/Gallagher, C/Simon

                Nays:      None

            Abstain:      None

             Absent:     C/D’Agostino, C/Palmieri

 

Julie Martin, Municipal Clerk advises Public Hearing and Adoption on Ordinance No. 2005-03 will be on February 23, 2004 during the regularly scheduled Council Meeting.

 

 Ordinance No.  2005-04                                                                           First Reading & Introduction

 

AN ORDINANCE GRANTING MUNICIPAL CONSENT

FOR THE OPERATION OF A CABLE SYSTEM WITHIN

THE BOROUGH OF ENGLISHTOWN, NEW JERSEY

TO CABLEVISION OF MONMOUTH, INC.

 

WHEREAS, the governing body of the Borough of Englishtown (hereinafter referred to as the “Borough”) determined that Cablevision of Monmouth, Inc.,  (hereinafter referred to as “the Company” or “Cablevision”) has the technical competence and general fitness to operate a cable system in the Borough, and by prior ordinance granted its municipal consent for Cablevision to obtain a non-exclusive franchise for the placement of facilities and the establishment of a cable television system in the Borough; and

 

WHEREAS, by application for renewal consent filed with the Borough and the Office of Cable Television on or about July 1, 2004, Cablevision has sought a renewal of the franchise; and

 

WHEREAS, the Borough having held public hearings has made due inquiry to review Cablevision’s performance under the Franchise, and to identify the Borough‘s future cable-related needs and interests and has concluded that Cablevision has substantially complied with its obligations under the Franchise and has committed to certain undertakings responsive to the Borough’s future cable-related needs and interests; and

 

WHEREAS, the governing body of the Borough has accordingly concluded that the consent should be renewed subject to the requirements set forth below; and that, provided Cablevision’s proposal for renewal complies with the requirements set forth below, the Borough’s municipal consent to the renewal of the Franchise should be given.

 

NOW THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, and State of New Jersey, as follows:

 

 

SECTION 1.  DEFINITIONS

 

For the purpose of this Ordinance the terms defined above shall have the meanings there indicated, and the following additional terms shall have the following meanings:

 

(a)        “Act” or “Cable Television Act” shall mean that statute of the State of New Jersey relating to cable television, known as the Cable Television Act, N.J.S.A. 48:5A-1 et seq.

(b)        "Application” shall mean Cablevision’s application for Renewal of Municipal Consent, which application is on file in the Borough Clerk’s office and is incorporated herein by reference and made a part hereof, except as modified, changed, limited or altered by this Ordinance.

(c)        “Board” shall mean the Board of Public Utilities of the State of New Jersey or its successor agency.

(d)        “Borough” shall mean the governing body of the Borough of Englishtown in the County of Monmouth, and the State of New Jersey.

(e)        “Company” shall mean Cablevision of Monmouth, Inc. (“Cablevision”) the grantee of rights under this Ordinance.

(f)         “FCC” shall mean the Federal Communications Commission.

(g)        “Federal Act” shall mean that federal statute relating to cable communications commonly known as the Cable Communications Policy Act of 1984, 47 U.S.C. Section 521 et seq. and the Telecommunications Act of 1996, or as those statutes may be amended.

(h)        “Federal Regulations” shall mean those federal regulations relating to cable television services, 47 C.F.R. Section 76.1 et seq. (and, to the extent applicable, any other federal rules and regulations relating to cable television, including but not limited to, those described in 47 C.F.R. Section 76.3), or as such regulations may be amended.

(i)         “State” shall mean the State of New Jersey.

(j)         “State Regulations” shall mean those regulations of the State of New Jersey Board of Public Utilities relating to cable television.  N.J.A.C. 14:17-1.1 et seq. and N.J.A.C. 14:18-1 et seq., or as such regulations may be amended.

 

SECTION 2. STATEMENT OF FINDINGS

 

A public hearing concerning the consent herein granted to Cablevision was held after proper public notice pursuant to the terms and conditions of the Act.  Said hearing having been held and fully open to the public, and the municipality having received all comments regarding the qualifications of Cablevision to receive this consent, the Borough hereby finds Cablevision possesses the necessary legal, technical, character, financial and other qualifications to support municipal consent, and that Cablevision’s operating and construction arrangements are adequate and feasible.

 

SECTION 3. GRANT OF AUTHORITY

 

The Borough hereby grants to Cablevision its non-exclusive consent to place in, upon, along, across, above, over, and under its highways, streets, alleys, sidewalks, public ways, and public places in the municipality poles, wires, cables, and fixtures necessary for the maintenance and operation in the Borough of a cable television system, and for the provision of any communication service over the such system as may be authorized by federal or State regulatory agencies.  Operation and construction, pursuant to said consent, is conditioned upon prior approval of the Board of Public Utilities.

 

SECTION 4. DURATION OF FRANCHISE

 

This consent granted herein shall be non-exclusive and shall be for a term of ten (10) years from the date of issuance of a Certificate of Approval by the Board.

 

SECTION 5. EXPIRATION AND SUBSEQUENT RENEWAL

 

If Cablevision seeks a renewal of the consent provided herein, it shall, prior to the expiration of this consent, apply for a municipal consent and certificate of approval in accordance with N.J.S.A 48:5A-16, and applicable state and federal rules and regulations.  The Company shall also petition the Board for approval authorizing continued operation during the period following expiration of the consent granted herein, and until such a time that a decision is made by the Borough and the Board relative to the renewal of said consent.

 

SECTION 6. FRANCHISE TERRITORY

 

The consent granted under this Ordinance to Cablevision shall apply to the entirety of the Borough and any property hereafter annexed.

 

SECTION 7. SERVICE AREA

 

Cablevision shall be required to proffer video programming service along any public right-of-way to any person’s residence located in the franchise territory at tariffed rates for standard and nonstandard installation.

 

SECTION 8. FRANCHISE FEE

 

Pursuant to the terms and conditions of the Cable Television Act, Cablevision shall pay to the Borough, as an annual franchise fee, a sum equal to two (2%) percent of the actual gross revenues received from all recurring charges in the nature of subscription fees paid by subscribers for its cable television reception services in the Borough. In the event applicable law hereinafter permits a larger franchise fee to be collected, but does not fix the amount thereof, the Borough and Cablevision shall negotiate in good faith with respect to the amount thereof.

 

SECTION 9. FREE SERVICE

 

Cablevision shall, upon request, provide free of charge, one (1) standard installation and monthly cable television reception service to all State or locally accredited public elementary and secondary schools and all municipal public libraries, as well as municipal buildings located within the Borough as set forth in Exhibit A to this Ordinance.

 

Upon written request from the Borough, the Company shall provide to state and locally accredited elementary and secondary schools and municipal public libraries in the Borough, without charge, the following: (1) one standard installation per school or library; (2) one cable modem per installation; and, (3) basic cable modem service for the term of this Ordinance for each installation.  This offer shall be subject to the terms, conditions and use policies of the Company, as those policies may exist from time to time.

 

Upon written request from the Borough, the Company shall provide to Englishtown Borough Hall, without charge, the following: (1) one standard installation; (2) one cable modem per installation; and (3) basic cable modem service for the term of this Ordinance for each installation.  This offer shall be subject to the terms, conditions and use policies of the Company as those policies may exist from time to time.

 

SECTION 10. CONSTRUCTION/SYSTEM REQUIREMENTS

 

Cablevision shall perform construction and installation of its plant and facilities in accordance with applicable State and federal law.  The Company shall be subject to the following additional construction requirements with respect to the installation of its plant and facilities in the Borough:

 

(a)        In the event that the Company or its agents shall disturb any pavement, street surfaces, sidewalks, driveways or other surfaces, the Company shall at its sole expense restore and replace such disturbances in as good a condition as existed prior to the commencement of said work, as determined by the Borough’s engineer under the Borough’s generally applicable laws, rules and regulations.

(b)        If at any time during the period of this consent, the municipality shall alter or change the grade of any street, alley or other way or place, the Company, upon reasonable notice by the Borough shall remove or relocate its equipment, at its own expense.

(c)        Upon request of a person holding a building or moving permit issued by the Borough, the Company shall temporarily move or remove appropriate parts of its facilities so as to permit the moving or erection of buildings or for the performance of other work.  The expense of any such temporary removal or relocation shall be paid in advance to the Company by the person requesting the same.  In such cases, the Company shall be given not less than fourteen (14) days prior written notice in order to arrange for the changes required.

(d)        During the exercise of its rights and privileges under this consent, the Company shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks and public places of the Borough so as to prevent the branches of such trees from coming in contact with the wires, cables, conduits and fixtures of the Company.  Such trimming shall be only to the extent necessary to maintain proper clearance for the Company’s facilities.

 

SECTION 11. TECHNICAL AND CUSTOMER SERVICE STANDARDS

 

Cablevision shall comply with the technical and customer service standards established for the cable industry under applicable federal and State laws, rules and regulations.

 

SECTION 12. LOCAL OFFICE OR AGENT

 

Cablevision shall establish and maintain during the entire term of this consent a local area business office or agent for the purpose of receiving, investigating and resolving complaints regarding the quality of service, equipment malfunctions and similar matters.  Said office shall be open daily during normal business hours, and in no event less than 9:00 a.m. to 5:00 p.m., Monday through Friday, with the exception of holidays.

 

SECTION 13. DESIGNATION OF COMPLAINT OFFICER

 

The Office of Cable Television is hereby designated as the complaint officer for the Borough pursuant to the provisions of N.J.S.A. 48:5A-26.  All complaints shall be reviewed and processed in accordance with N.J.A.C. 14:17-6.5.

 

SECTION 14. LIABILITY INSURANCE

 

            Cablevision agrees to maintain and keep in force and effect at its sole cost at all times during the term of this consent, sufficient liability insurance naming the Borough as an additional insured and insuring against loss by any such claim, suit, judgment, execution or demand in the minimum amounts of five-hundred thousand dollars ($500,000) for bodily injury or death to one person, and one million dollars ($1,000,000) for bodily injury or death resulting from any one accident or occurrence stemming from or arising out of the Company’s exercise of its rights hereunder.

 

SECTION 15. PERFORMANCE BOND

 

Cablevision shall obtain and maintain, at its sole cost and expense, during the entire term of this Ordinance, a bond in form acceptable to the municipality in the amount of twenty-five thousand dollars ($25,000.00).  Such bond shall be to insure the faithful performance of its obligations as provided in this Franchise.

 

SECTION 16. RATES

 

A.       The rates of the Company for cable television services shall be subject to regulation to the extent permitted by federal and State law.

B.        Cablevision shall implement a senior citizen discount in the amount of ten percent (10%) off the monthly rate of the broadcast basic level of cable television reception service to any person sixty-two (62) years of age or older who subscribes to the Company’s cable television service, subject to the following:

(i)         Such discount shall only be available to eligible senior citizens who do not share the subscription with more than one person in the same household who is less than sixty-two (62) years of age; and,

(ii)        In accordance with N.J.S.A. 48:5A-11.2, subscribers seeking eligibility for the discount must meet the income and residence requirements of the Pharmaceutical Assistance to the Aged and Disabled program pursuant to N.J.S.A. 30:4D-21; and,

(iii)       The senior discount herein relates only to the broadcast basic level of cable television service, and shall not apply to any additional service, feature, or equipment offered by the Company, including any premium channel services and pay-per-view services; and,

(iv)       Senior citizens who subscribe to a level of cable television service beyond expanded basic service, including any premium or per channel a la carte service, shall not be eligible for the discount.

 

SECTION 17. EMERGENCY USES

 

Cablevision shall be required to have the capability to override the audio portion of the system in order to permit the broadcasting of emergency messages by the Borough pursuant to state and federal requirements.  The Company shall in no way be held liable for any injury suffered by the Borough or any other person, during an emergency, if for any reason the municipality is unable to make full use of the cable television system as contemplated herein.  The Borough shall utilize the state-approved procedures for such emergency uses.

 

SECTION 18.  EQUITABLE TERMS

 

In the event that another multi-channel video program provider's service within the Borough creates a significant competitive disadvantage to Cablevision, the Company shall have the right to request from the Borough lawful amendments to its franchise that relieve it of burdens which create the unfair competitive situation.  Should the Company seek such amendments to its franchise, the parties agree to negotiate in good-faith appropriate changes to the franchise in order to relieve the Company of such competitive disadvantages.  If the parties can reach an agreement on such terms, the Borough agrees to support the Company's petition to the Board for modification of the consent in accordance with N.J.S.A 48:5A-47 and N.J.A.C. 14:17-6.7.

 

If the parties are unable to reach an agreement on appropriate amendments to the franchise, the Borough acknowledges that the Company shall have the right to petition the Board directly for such amendments in accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7; provided, however, the Borough shall be under no obligation to support Cablevision's request for such relief from the Board.

 

In any subsequent municipal consent, the Borough shall require, at a minimum, the same terms and conditions of any other provider of multi-channel video programming subject to the Borough’s regulatory authority as those contained in the instant consent.  In the event such subsequent consent does not contain the same terms and conditions as the instant consent, the Borough agrees to support the Company’s petition to the Board for modification of the consent in accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7 to relieve the Company of competitive disadvantages identified in the Company’s petition.

 

SECTION 19. REMOVAL OF FACILITIES

 

Upon expiration, termination or revocation of this Ordinance, Cablevision at its sole cost and expense and upon direction of the Board, shall remove the cables and appurtenant devices constructed or maintained in connection with the services authorized herein, unless Cablevision, its affiliated entities or assignees should, within six (6) months after such expiration, termination or revocation obtain certification from the FCC to operate an open video system or any other federal or state certification to provide telecommunications.

 

SECTION 20. PUBLIC, EDUCATIONAL, AND GOVERNMENTAL ACCESS

 

A.        Cablevision shall continue to make available non-commercial public, educational and governmental (PEG) access as described in the Application for municipal consent.

B.         The Borough agrees that Cablevision shall retain the right to use the PEG access channel, or portion thereof, for non-PEG access programming, during times when the Borough is not utilizing the channel for purposes of providing PEG access programming.  In the event that the Company uses said PEG access channel for the presentation of such other programming, the PEG programming shall remain the priority use and the Company’s rights with respect to using the channel for non-PEG programming shall be subordinate to the Borough’s provision of PEG access programming on such channel.

C.        In consideration for the rights granted in this Ordinance, the Company shall provide the Borough with a one-time grant of six thousand four hundred dollars ($6,400.00), payable within twelve (12) months of the issuance of the renewal certificate of approval from the Board, which may be used by the Borough for any cable and/or other technology related purpose as the Borough, in its discretion, may deem appropriate.

 

SECTION 21. INCORPORATION OF APPLICATION

 

All of the commitments contained in the Application and any amendment thereto submitted in writing to the Borough by the Company except as modified herein, are binding upon Cablevision as terms and conditions of this consent.  The Application and any other written amendments thereto submitted by Cablevision in connection with this consent are incorporated in this Ordinance by reference and made a part hereof, except as specifically modified, changed, limited, or altered by this Ordinance, or to the extent that they conflict with State or federal law.

 

SECTION 22. CONSISTENCY WITH APPLICABLE LAWS

 

This consent shall be construed in a manner consistent with all applicable federal, State and local laws.

 

SECTION 23. SEPARABILITY

 

If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portion thereof.

 

SECTION 24. EFFECTIVE DATE

 

This Ordinance shall take effect upon issuance of a Certificate of Approval as issued by the Board of Public Utilities.

 

BE IT FURTHER ORDAINED that this Ordinance shall take effect upon the passage, and publication as required by law.

 

EXHIBIT A

1.                  Englishtown Borough Hall – 15 Main Street, Englishtown, NJ

 

Offered By:          C/Simon

 

Seconded By:       C/Soden

 

Roll Call: Ayes:     C/Soden, C/Rucker, C/Gallagher, C/Simon

              Nays:      None

          Abstain:      None

           Absent:      C/D’Agostino, C/Palmieri

 

Julie Martin, Municipal Clerk advises Public Hearing and Adoption on Ordinance No. 2005-04 will be on February 23, 2004 during the regularly scheduled Council Meeting. 

 

Borough of Englishtown

Resolution No. 2005-050 

 

Resolution Extending The Borough of Englishtown

Contract with Freehold Cartage If Necessary, For A Period Not To

Exceed Three Months, At A Cost Not To Exceed $1,774.17 Per Month

 

            Whereas, the Borough of Englishtown previously contracted with Freehold Cartage for recycling collection services; and

 

            Whereas, the said Contract is scheduled to expire on or about March 31, 2005; and

 

            Whereas, in accordance with prevailing law, upon termination of the subject Contract, the Borough of Englishtown is required to re-bid/re-advertise the matter; and

 

            Whereas, in accordance with prevailing law, upon such re-advertisement, the Contract shall be awarded to the lowest responsible bidder (or other Bidder, as allowed by law); and

 

            Whereas, it appears that the Borough will not be in a position to award a new Contract (for recycling) until after the existing Contract has expired; and

 

            Whereas, as such, after March 31, 2005, the Borough will not necessarily have recycling collection services; and

 

            Whereas, the absence of such services will be harmful to the overall operation of the Borough; and

 

            Whereas, the absence of such services will be detrimental to the residents of the Borough of Englishtown; and

 

            Whereas, the absence of such services will cause a state of emergency to exist within the Borough;

 

            Now, Therefore, Be It Resolved by the Borough Council of the Borough of Englishtown as follows:

 

            1.      That, if necessary, the Borough of Englishtown is hereby authorized to extend its Contract with

                     Freehold Cartage, for a period not to exceed three months, at a cost not to exceed $1,774.17 per

                     month.

 

            2.     That the Mayor, Borough Clerk, Borough Attorney, and other appropriate representatives, are     

                    hereby authorized to sign any and all documents necessary to effectuate the intentions of the within

                    Resolution.

3.     That the within Resolution shall be subject to the Borough's Chief Financial Officer, confirming that

        funds are available for the stated purpose.

            4.     That the within Resolution shall be subject to prevailing provisions of New Jersey Law.

            5.     That if the Borough of Englishtown and the Contractor cannot agree upon mutually acceptable

                    terms for the Contract extension referenced herein, then, in that event, the Borough is hereby

                    authorized to contract with another Contractor (for the said three month period), so as to avoid any

                    emergency/dangerous situation.

            6.     That the within Resolution shall take effect immediately.

 

Offered by:          C/Simon          

 

Seconded by:      C/Soden         

 

Roll Call: Ayes:    C/Soden, C/Rucker, C/Gallagher, C/Simon

              Nays:     None

          Abstain:     None

           Absent:     C/D’Agostino, C/Palmieri

 

Borough of Englishtown

Resolution No. 2005-051

 

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:

 

Storm water Pollution Prevention Plan &

Storm water Management Plan                        $6,500.00

 

Purchased From:  

Maser Consulting

331 Newman Springs Road

Red Bank, NJ  077701

 

            Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the above request(s) is approved for the purchase or order.

 

Offered By:             C/Simon          

 

Seconded By:          C/Gallagher

 

Roll Call:  Ayes:       C/Soden, C/Rucker, C/Gallagher, C/Simon

                 Nays:      None              

              Absent:      C/D’Agostino, C/Palmieri

             Abstain:      None

 

Borough of Englishtown

Resolution No. 2005-052

 

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:

 

Office Phone System Maintenance Agreement      $1,548.00

                                   

Purchased From:

Office Solution, Inc.

Warren, NJ  07059

 

            Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the above request(s) is approved for the purchase or order.

 

Offered By:              C/Simon          

 

Seconded By:           C/Gallagher

 

Roll Call:  Ayes:        C/Soden, C/Rucker, C/Gallagher, C/Simon          

                  Nays:      None

               Absent:      C/D’Agostino, C/Palmieri

              Abstain:       None

 

Borough of Englishtown

Resolution No. 2005-053

 

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 $245,646.95 be and

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

 

Seconded by:           C/Simon

 

Roll Call:   Ayes:      C/Soden, C/Rucker, C/Gallagher, C/Simon

                   Nays:    None

                Absent:    C/D’Agostino, C/Palmieri

               Abstain:    None

 

Borough of Englishtown

Resolution No. 2005-054

 

Resolution Appointing Municipal Auditor, Eugene Farrell

Of Hutchins, Farrell, Meyer & Allison To Conduct A Financial

Analysis of the Water and Sewer Connection Fees Within

The Borough of Englishtown

 

            Whereas, the Mayor and Council of the Borough of Englishtown has determined the necessity for reviewing the connection fees of the Municipal Water and Sewer system; and

 

            Whereas, in order to determine what amount would be appropriate, the services of the Municipal Auditor is required.

 

            Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that Eugene Farrell, Borough Auditor shall be authorized to do a financial analysis of the Water and Sewer connections fees and make a recommendation on same.

 

            Be It Further Resolved that the cost of this service shall not exceed Four Thousand ($4,000.00) Dollars and is subject to the Borough’s Chief Financial Officer certifying that funds are available for the stated purposes.

 

            Be It Further Resolved that the within Contract is awarded without competitive bidding as “professional service” in accordance with N.J.S.A. 40A:11-5, et seq. of the Local Public Contracts Law of New Jersey.

 

Offered by:              C/Soden

 

Seconded by:           C/Simon

 

Roll Call:     Ayes:     C/Soden, C/Rucker, C/Gallagher, C/Simon

                    Nays:    None

                Abstain:     None

                 Absent:    C/D’Agostino, C/Palmieri

 

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/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 and anticipated litigation;

 

            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/Gallagher  

 

Seconded By:         C/Simon

 

Roll Call:   Ayes:     C/Soden, C/Rucker, C/Gallagher, C/Simon

                   Nays:   None

                Absent:   C/D’Agostino, C/Palmieri

               Abstain:   None

 

The time being 7:54 P.M.

 

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

 

The time being 8:37 P.M.

 

Adjournment

 

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

 

The time being 8:38  P.M.

 

 

 

___April 27, 2005_________                                          ________________________

Approved by Governing Body                                          Clerk