* * * A G E N D A * * *

 

March 23, 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.         Committee Reports

 

5.         Correspondence

 

6.         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.

 

7.         Old Business:

 

A. Ordinance No. 2005-05 (Revised) – Public Hearing & Adoption

2005 “Cap” Ordinance To Exceed Index Rate; Index Rate Less Than 3.5% Limitation For The Year 2005 (N.J.S. 40A: 4-45.14)

 

8.         New Business:

 

B.     Ordinance No. 2005-09 – First Reading and Introduction

Amending and Supplementing Title 2, Housing Standards

 

C.     Resolution No. 2005-074

Resolution Requesting Adherence To State Mandate/State Pay

 

D.     Resolution No. 2005-075

Authorizing Amendment To Valic Deferred Compensation Plan

 

E.      Resolution No. 2005-076

Appointment of Deputy Court Clerk – Rhoda Overgard

 

F.      Resolution No. 2005-077

Authorization To Advertise and Solicit Proposals – Garbage Collection

 

G.     Resolution No. 2005-078

Authorization To Advertise and Solicit Proposals – Recycling Collection

 

H.     Resolution No. 2005-079

Authorizing Payment of Borough Bills

 

            9.         Public Portion

Limited to Five (5) Minutes per citizen to be determined at Borough

Council's discretion.  Any and all situations regarding Borough

Personnel, when names are implied or mentioned, are to be brought

to the full attention of the Council through an appointment and

subsequent disclosure through the Personnel Committee.

 

10.      Executive Session

 

11.              Adjournment

 

Mayor Reynolds called the meeting to order 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 Tom Bace, 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.

 

Committee Reports

 

C/Rucker states the project for the emergency generator is underway.  The generator has been delivered and Lucas is in the process of tying it in to our building. 

 

C/Palmieri states this Saturday March 26th we will have our annual Easter Egg Hunt at Sanford Park at 12 p.m.  We will be having an Easter Bunny, D.J. and photographs with the Easter Bunny available. 

 

C/Gallagher states we requested $110,543.00 in our extraordinary aid application for this year; which was the increase in this year’s budget.

 

C/Soden states nothing at this time.

 

C/D’Agostino states nothing at this time.

 

C/Simon states the police activity report from March 4th – March 17th there were 362 calls and 88 motor vehicle stops.

 

Correspondence

 

Julie Martin, Municipal Clerk states the First Aid Squad has requested use of the meeting room on Saturday, April 2nd from 8 am to 4 pm for training purposes.  I need consensus from council.

 

Mayor and Council are in favor.

 

Open Public Portion – Agenda Items

 

Mayor Reynolds opened 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 and seconded by C/Simon.  Passed unanimously.

 

Old Business

 

ORDINANCE NO. 2005-05 REVISED                   Public Hearing & Adoption

 

STATE FISCAL YEAR 2005

ORDINANCE TO EXCEED THE MUNICIPAL BUDGET

COST OF LIVING ALLOWANCE AND TO ESTABLISH A

CAP BANK WHEN THE COLA IS EQUAL TO OR

LESS THAN 2.5 PERCENT (N.J.S.A. 40A:4-45.14)

 

Whereas, the Local Government Cap Law, N.J.S.A. 40A:4-45.1, et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 2.5% or the Cost-of-Living Adjustment (COLA), whichever is less, over the previous year's final appropriations, subject to certain exceptions; and

 

Whereas, N.J.S.A. 40A:4-45.14 provides that a municipality may, in any year in which the COLA is equal to or less than 2.5%, increase its final appropriations by a percentage greater than the COLA, but not to exceed the 3.5% rate as specified in the law, when authorized by ordinance; and

 

Whereas, the COLA for SFY 2005 has been certified by the Director of the Division of Local Government Services in the Department of Community Affairs as 2.5%; and

 

Whereas, N.J.S.A. 40A:4-45.15a provides that a municipality may, in any year in which the COLA is equal to or less than 2.5%, may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and

 

Whereas, the Governing Body of the Borough of Englishtown in the County of Monmouth finds it advisable and necessary to increase its SFY 2005 budget by more than 2.5% over the previous year's final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and

 

Whereas, the Governing Body hereby determines that a 3.5% increase in the budget for said year, amounting to $32,140.99 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and

 

Whereas, the Governing Body hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years.

 

Now, Therefore, Be It Ordained, by the Governing Body of the Borough of Englishtown, in the County of Monmouth, a majority of the full authorized membership of this Governing Body affirmatively concurring, that, in the SFY 2005 budget year, the final appropriations of the Borough of Englishtown shall, in accordance with this Ordinance and N.J.S.A. 40A:4-45.14, be increased by 3.5%, amounting to $32,140.99, and that the SFY 2005 municipal budget for the Borough of Englishtown be approved and adopted in accordance with this Ordinance.

 

Be It Further Ordained that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years.

 

Be It Further Ordained that a certified copy of this Ordinance as introduced be filed with the Director of the Division of Local Government Services within five (5) days of introduction.

 

Be It Further Ordained that a certified copy of this Ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within five (5) days after such adoption.

 

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 and seconded by C/Simon.  Passed unanimously.

 

Adoption

 

A motion to adopt Ordinance No. 2005-05 (Revised), above titled, was offered by C/Rucker and 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

 

New Business

 

ORDINANCE NO.    2005-09                                   First Reading & Introduction

 

AN ORDINANCE AMENDING AND SUPPLEMENTING TITLE 2,

“GENERAL LEGISLATION”, OF THE “CODE OF THE BOROUGH OF ENGLISHTOWN, NEW JERSEY”, IN ORDER TO AMEND THE BOROUGH’S HOUSING STANDARDS ORDINANCE.

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 Chapter 2.81, entitled “Housing Standards”, of the “Code of the Borough of Englishtown, New Jersey”, is hereby deleted in its entirety and shall be replaced with a new Chapter 2.81, to be entitled “Housing” as follows (additions are underlined):

2.81.01 Statement of purpose.

The provision of this chapter shall constitute the standards to guide the Director of Code Enforcement or his designee in determining the fitness of a building for human habitation, use or continued occupancy and to identify rental units within the Borough of Englishtown by establishing a rental property registration program.  The provisions shall apply to existing residential structures and all existing premises and shall constitute minimum requirements and standards for the premises, structures, equipment, and facilities for light, ventilation, space, heating, sanitation, and life safety.

2.81.02 Definitions.

The words, terms or phrases listed below for the purpose of this chapter shall be defined and interpreted as follows:

ADMINISTRATIVE AUTHORITY – The Department of Code Enforcement of the Borough of Englishtown which is authorized by the adopting ordinance to administer the provision of this chapter.

AVAILABLE FOR RENT TO TENANT – Shall mean fit for habitation.

BUILDING - Any building or structure, or part thereof, used for human habitation, use or occupancy, and includes any accessory building and appurtenance belonging thereto or usually enjoyed therewith.

CERTIFICATE OF CONTINUED OCCUPANCY - The certificate issued by the Department of Code Enforcement of the Borough of Englishtown serves notice that based on a general inspection of all visible parts of the dwelling or dwelling units there is no unsafe condition found and the dwelling is approved for continued occupancy.

DWELLING - A building or structure, or part thereof, containing one (1) or more dwelling units and includes any building or structure offered for rent to one or more tenants or family units.

DWELLING UNIT – Any room or group of rooms, or any part thereof, located within a building and forming a single habitable unit with facilities, which are used or designed to be used for living, sleeping, cooking and eating.

EFFICIENCY UNIT – A dwelling unit containing only one habitable room.

GARBAGE – The animal and vegetable and other organic waste resulting from handling, preparation, cooking and consumption of food.

HABITABLE ROOM – A room or enclosed floor space within the dwelling unit used or designed to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers or communicating corridors, closets and storage spaces.

INFESTATION – The presence, within or around a building, of any insects, rodents or other pests.

INDIVIDUAL CONDOMINIUM UNITS – Shall be treated as separate and individual rental properties.

LODGING HOUSE – Any building, or part of any building, containing one (1) or more lodging unit, each of which is rented by one (1) or more persons not related to the owner.

LODGING UNIT – A rented room or group of rooms, containing no cooking facilities, used for living purposes by a separate family or group of persons living together or by a person living along within a building.

MAINTENANCE – Shall mean the cleanliness and proper working order and upkeep of all areas and facilities of the unit, building and or complex used by the owner, tenants, or the public.

OCCUPANT – Any person or persons in actual possession of and living in the building or dwelling unit, including the owner.

OWNER – Shall mean any person who owns any interest in any dwelling, building or apartment complex including but not limited to outright ownership, ownership through a partnership, corporation or limited liability company.

OWNER OCCUPIED – Shall mean the primary residential living unit of the owner of the property.

PERSON – As defined in N.J.S.A. 1:12-2.

PLUMBING FIXTURES – Include all installed receptacle or devices which are supplied with water or which receive or discharge liquid waste or sewage into the drainage system with which they are directly or indirectly connected.

PUBLIC OFFICER – The Director of Code Enforcement of the Borough of Englishtown or his designee.

RENTAL PROPERTY – Shall mean any structure or building which contains one or more individual residential rental units other than owner occupied structures or buildings.

RENTAL UNIT – A dwelling unit available for lease or rental purposes for living and dwelling purposes.

RUBBISH – Includes all combustible and noncombustible waste material, except garbage.

TENANTS – Shall mean those persons who have leased the unit from the owner regardless of the type of tenancy under which they occupy the unit and includes sub-tenants.

UTILITIES – Include electric, gas, heating, water and sewerage services, and equipment therefore.

2.81.03.    Rental Property Registration.

B.   No person(s), corporation or business entity shall offer any residential property for rent, lease without first

registering and obtaining a registration certificate from the Borough of Englishtown.

 

C.  The owner of every rental property, with the exception of owner/occupied Properties, in the

Borough of Englishtown shall file a Rental Property Registration Application with the Department of

Code Enforcement, the form of which will be on file in the Department of Code Enforcement.

 

D.  The Rental Property Registration shall be filed on an annual basis.

 

E.  Registration Fee.

 

1.    The annual registration fee shall be $300.00 per rental unit.

 

E.    The Rental Property Registration Application shall include:

 

2.    the name and address of all record owners of the rental property, building or the rental business,

including all general partners in the case of a partnership and all members in case of a Limited

Liability Company and all shareholders in case of a corporation.

 

3.    the name and address of a person who is authorized to accept notices from a tenant of the Borough

and to accept service of process on behalf of the record owner.

 

4.    the name and address of the managing agent, and if applicable, the name, address and telephone

number of the superintendent, janitor, custodian or other persons employed to provide regular

maintenance services, and the name and address of person to contact at any time in the event of an

emergency affecting the dwelling or and dwelling unit, including such emergencies as the failure of

any essential service or system, and who has the authority to make emergency decisions concerning

the building or unit, including making of repairs.

 

5.    the information contained in the Rental Property Registration Application must set forth

information for each unit within the rental property and must include all tenants in each unit.

 

6.    the name, age and gender of each and every tenant in each rental unit, including children.

 

7.    the name of the vendor of utilities, including electric, fuel oil, gas.

 

8.    the owner of property or agent shall provide a floor plan of the unit for rental, which shall depict

the number, dimension and location of each room in the unit or structure.

 

9.     in the event the tenancy change during the year, the owner of property, landlord, or managing

agent shall update the property’s Rental Property Registration File with the Borough of Englishtown,

prior to the issuance of the Certificate of Continued Occupancy Certificate.

 

F.    Right of Entry.

 

10. The Director of Code Enforcement or designee is authorized to enter the rental property or

premises at reasonable times to inspect subject to constitutional restrictions on unreasonable

searches and seizures. If entry is refused or not obtained, the Director of Code Enforcement or

designee is authorized to issues a summons to appear in the Court of the Borough.

 

11. The Chief of Police of the Borough of Englishtown is authorized, and may appoint police personnel

to provide assistants to the Department of Code Enforcement for the enforcement of the provisions

of this section.

 

2.81.04.  Certificate of Continued Occupancy.

 

A.   No owner, of any dwelling or dwelling unit shall rent, sell, renew the lease of, or otherwise permit occupancy

of same or any part thereof by any person not a member of his/her family unless he/she shall first obtain a

certificate of continued occupancy from the Department of Code Enforcement of the Borough of Englishtown.

In the event of a lease, sale or other occupancy as above described without the issuance of a certificate of

continued occupancy, both the owner and/or seller and the purchaser and/or lessee shall be deemed to have

violated this section, and the Director of Code Enforcement or designee shall summon such person or persons

before Borough Court of the Borough of Englishtown without further notice.

 

B. An owner shall make application for a certificate of continued occupancy in reasonable time prior to closing

of title on any residential premises. A certificate of continued occupancy shall be valid ninety (90) days after date

of the issuance of the certificate after which the certificate will expire.  An application for an extension may be

applied for an additional ninety (90) days. A certificate of continued occupancy shall not be required when there

is no change of occupancy.

 

2.81.03.    Inspection Required.

 

C. Prior to the issuance of a certificate of continued occupancy, the Director of Code Enforcement or designee

shall conduct an inspection of the dwelling, dwelling unit, residential premises or any other building. The

inspection shall be in accordance with the provisions set forth in this Chapter.

 

D. The fee for a certificate of continued occupancy for all dwelling units shall be $100.00.  The fee for an

extension of time for a certificate of continued occupancy shall be $50.00.

 

2.81.06.  Rule-Making Authority and Modifications.

 

E. The Director of Code Enforcement or designee shall have authority as necessary in the interest of public

health, safety and general welfare, to adopt and promulgate rules and procedures to interpret and implement the

provisions of this ordinance and code; to secure the intent thereof; and to designate requirements applicable

because of local climatic or other condition.

 

Whenever there are practical difficulties involved in carrying out the provisions of this ordinance or code, the

Director of Code Enforcement or designee shall have the authority to grant modifications for individual cases,

provided the code official shall first find that the special individual reason makes the strict letter of this ordinance

or code impractical and the modifications is in compliance with the intent and purpose of the ordinance or code

and that such modifications does not lessen the health and safety requirements. The detailed action granting

modifications shall be recorded and entered in the department files.

 

2.81.07.  General Requirements.

 

F.    Responsibility.

 

12.   The owner of the premises shall maintain the structure and exterior property in compliance with the

 requirements of this section. A person shall not occupy as owner-occupant or permit another person to occupy

 premises which are not in a sanitary and safe condition and which do not comply with requirements of this

 section. Occupants, of a dwelling, rental unit are responsible for keeping in a clean, sanitary and safe condition

 that part of the dwelling unit or premises which they occupy and control.

 

2.81.08.  Property

 

A.     Exterior Property Areas.

 

13.     All exterior property and premises shall be maintained in a clean, safe and sanitary condition.

 

14.    All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in proper state of

 repair, and maintained free from hazardous conditions.

 

15.    All accessory structures, including detached garages, fences and walls shall be maintained structurally sound

and in good repair.

 

B.   Exterior of Structure.

 

16.    All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim,

balconies, decks, and fences shall be maintained in good condition.

 

17.    Buildings, dwellings, rental units shall have address numbers placed in a position to be plainly legible and

visible from the street or road fronting on the property. The numbers shall contrast with their background and

minimum of six inches (6”) in height.

 

18.  The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be

adequate to prevent dampness or deterioration in the wall or interior portion of the structure. Roof drains,

gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be

discharged in a manner that creates a public nuisance.

 

C.     Interior of Structure.

 

19.  The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in

sanitary condition.

 

20. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound

condition and good repair.

 

21. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads

and shall be maintained in good condition.

 

22. Every foundation, floor, wall, ceiling, door, window, roof or other part of a building shall be kept in

good repair and capable of the use intended by design, and any exterior part or parts thereof subject to

corrosion or deterioration shall be kept well painted.

 

2.81.09.    Rubbish and Garbage.

 

A.     Garbage, rubbish or other organic waste shall be stored in watertight receptacles.  Such

 receptacles shall be provided with tight-fitting covers. At least one (1) garbage receptacle shall be

 provided for each dwelling unit.

 

B.     All exterior property and premises, and the interior of every structure, including common areas,

shall be free from any accumulation of rubbish or garbage.

 

C.     All Recycling shall comply to Chapter 2.102 of the Borough of Englishtown Ordinance.

 

2.81.10.  Lighting.

 

D. Every habitable room shall have at least one (1) window or skylight facing directly to the outdoors.  The minimum total window or skylight area measured between stops for every habitable room shall be eight percent (8%) of the floor area of such room.  Whenever walls or other portions of structures face a window of any habitable room and are located less than three (3) feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be included in calculating the requirement minimum total window area.

 

E.      Every dwelling shall be provided with electrical service.

 

F.      Every habitable space in a dwelling shall contain at least two separate and remote electrical receptacle outlets.  Every laundry room, bathroom, and exterior electrical outlets, including outlets within six feet (6’) of the kitchen sink shall be ground fault circuit interrupter protected.  Every bathroom and laundry room shall contain at least one receptacle. All receptacles, switches and junction boxes must be properly covered.  Extension cords are not permitted.  A clear and unobstructed path to the electrical panel shall be maintained.

 

G.     Every portion of each staircase, hall, cellar basement, landing, furnace room, utility room and all similar non-habitable spaces located in a dwelling shall either natural or artificial light available at all times, with at least a sixty (60) watt standard incandescent light bulb.

 

H.     Every portions of any interior or exterior passage way or staircase common to two (2) or more families in a dwelling shall be illuminated naturally or artificially at all times, with at least a sixty (60) watt standard incandescent light bulb.  In dwellings comprising two (2) or more dwellings units, such illuminations shall not be required at all times if separate switches, convenient and readily accessible to each dwelling unit, are provided for the control of such artificial light by the occupants thereof.

 

I.  Every bathroom and water closet compartment shall have either natural or artificial light available at all times, with at least a sixty (60) watt incandescent light bulb.  Artificial lighting shall be controlled by a wall switch so located as to avoid danger of electrical hazards.

 

2.81.09.    Ventilation.

 

J.  Every habitable space shall have at least one operable window. The total operable area of the

window in every room shall be equal to at least 45 percent of the minimum glazed area.

 

K.  Every bathroom and toilet room shall comply with the ventilation requirements for habitable

spaces, except that a window shall not be required in such spaces equipped with a mechanical

ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet room

shall discharge to the outdoors and shall not be recirculated.

 

2.81.12.  Heating. 

 

L.  Every dwelling shall have heating facilities which are properly installed, maintained in good and safe working condition, and are capable of safely and adequately heating all habitable rooms, bathrooms, and water closets compartments located therein to a temperature of at least sixty-five degrees Fahrenheit (65 F) when the outside temperature is zero degree Fahrenheit (0 F).  The temperature shall be read at a height of three (3) feet above floor level at the center of the room.  Cooking appliances shall not be used to provide space heating to meet the requirement of the section.

 

M. Every space heater, except electrical, shall be properly vented to a chimney or duct leading to the outdoors.  Un-vented portable space heaters, burning solid, liquid or gaseous fuels shall be prohibited.

 

2.81.13.  Means of Egress.

 

N.  Every dwelling, dwelling unit or lodging unit, rental unit shall have a safe and unobstructed path of ingress and egress.  Such path of ingress and egress shall not be through any other dwelling unit or part thereof and shall lead to a safe and open space at ground level accessible to a street.

 

2.81.14.  Occupancy Limitations.

 

O. Dwelling units and rental units shall be arranged to provide privacy and be separate from other adjoining spaces.

 

P.  Minimum room widths.  A habitable room, other than a kitchen, shall no be less than 7 feet (2134 mm) in any plan dimension.  Kitchens shall have a clear passageway of not less than 3 feet between counter fronts and appliances or counter fronts and walls.

 

Q. Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than 7 feet (2134 mm).

 

Exceptions:

 

23.      In one- and two-family dwellings, beams or girders spaced not less than 4 feet on center and projecting not more than 6 inches (152 mm) below the required ceiling height.

 

24.      Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a ceiling height of not less than 6 feet 8 inches with not less than 6 feet 4 inches of clear height under beams, girders, ducts and similar obstructions.

 

25.      Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least 7 feet over not less than one-third of the required minimum floor area.  In calculating the floor area of such rooms, only those portions of the floor area with a clear ceiling height of 5 feet or more shall be included.

 

D.     Area for sleeping purposes.  Every bedroom occupied by one person shall contain at least 70 square feet of floor area, and every bedroom occupied by more than one person shall contain at least 50 square feet of floor area for each occupant thereof.

 

E.  Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces.

 

Exception:

 

26.    Units that contain fewer than two bedrooms.

 

F.    Water closet accessibility.  Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom.  Every bedroom in a dwelling unit shall have access to at least one water closet and lavatory located in the same story as the bedroom or an adjacent story.

 

G.   Prohibited occupancy.  Kitchens and non-habitable spaces shall not be used for sleeping purposes.

 

H.   Overcrowding.  Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table 2.81.14.

 

 

TABLE 2.81.14 – MINIMUM AREA IN SQUARE FEET

 

 

 

 

 

SPACE

1-2 occupants

 

3-5 occupants

6 or more occupants

 

 

 

 

 

Living Room

N/A

 

120

150

Dinning Room

N/A

 

80

100

Kitchen

50

 

50

60

Bedrooms

See

 

Section

D.

 

 

 

 

 


 

 

I.    Efficiency units shall meet the following requirements:

 

27.  A unit occupied by not more than two occupants shall have a clear floor area of not less than 220 square feet.  A unit occupied by three occupants shall have a clear floor area of not less than 320 square feet.

 

28. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches in front. Light and ventilation conforming to this code shall be provided.

 

29. The unit shall be provided with a separate bathroom containing a water closet, lavatory, and bathtub or shower.

 

30.  The maximum number of occupants shall be three.

 

J.  All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner.  There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage.

 

2.81.15.  Fire Safety Requirements.

 

K.  Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools.  Bars, grilles, grates, or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with the International Residential Code New Jersey edition and such devices shall be releasable or removable from the inside without the use of a key, tool, or force greater than that which is required for normal operation of the escape and rescue opening.  Where such bars, grilles, grates, or similar devices are installed in existing buildings, smoke detectors shall be installed in accordance with sub-section B.

 

L.   Smoke detectors:  Residential occupancies not already provided with single-station smoke alarms shall be provided with approved single-station smoke alarms.  Approved single-station smoke alarms shall be installed in existing dwelling units, congregate residences, rental units, and lodging house guestrooms.  Type and installation of the single-station smoke detector shall be in accordance with the New Jersey Uniform Fire Code.

 

M.  The required fire-resistance rating of fire-resistance-rated walls, fire stops, shaft enclosures, partitions and floors shall be maintained.  Required opening protectives shall be maintained in an operative condition.  All fire and smoke stop doors shall be maintained in operable condition.  Fire doors and smoke barrier doors shall not be blocked or obstructed or otherwise made inoperable.

 

2.81.16.    Violations and Penalties.

 

N.  Any person who violates any of the provision of this chapter shall, upon conviction thereof, be

subject to a fine not exceeding One Thousand Two Hundred Fifty Dollars ($1,250) or imprisonment

for a period not exceeding ninety (90) days, or both.

 

O.   The imposition of the penalties herein prescribed shall not preclude the Director of Code

Enforcement or designee of the Borough of Englishtown from instituting appropriate action to

restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or

premises, or to stop an illegal act, conduct, or utilization of the dwelling, building, structure or

premises.

 

2.81.17.  Adoption by Reference.

 

The International Property Maintenance Code of 2000, or such amendments and editions as may from time to time be adopted by the International Code Council, excluding Chapter 1 “Administration”, are hereby adopted as standards governing supplied utilities and facilities and other physical things and conditions essential to making dwellings safe, sanitary and fit for human habitation, occupancy or use, and governing the condition of dwellings.

 

A copy of the International Property Maintenance Code of 2000, as revised and updated, is on file in the Department of Code Enforcement and is made part of this section by reference. Said copy shall remain on file in the Department of Code Enforcement for the use and examination, of the public.

 

 

2.   That Chapter 2.60, entitled “Certificates of Occupancy”, of the “Code of the Borough of Englishtown, New Jersey”, is hereby deleted in its entirety.

 

3.   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.

 

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

 

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

 

A motion to introduce the above titled ordinance was offered by C/Rucker and seconded by C/Simon.  Passed on the following roll call:

 

Offered by:                 C/Rucker                               

 

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

 

Julie Martin, Municipal Clerk advises Public Hearing and Adoption is scheduled for at the next scheduled council meeting on April 13, 2005 at Borough Hall.

 

Borough of Englishtown

Resolution No. 2005-074

 

RESOLUTION OF THE BOROUGH COUNCIL

OF THE BOROUGH OF ENGLISHTOWN REQUESTING

ADHERENCE TO STATE MANDATE, STATE PAY

 

            WHEREAS, all municipalities are struggling with attempting to prepare municipal budgets which minimize the property tax impact to its residents, while at the same time maintaining acceptable level of services; and

 

            WHEREAS, each year, the State Government makes this task much more difficult and in some cases impossible by reducing revenues paid to municipalities, while at the same time mandating costly programs or procedures; and

 

            WHEREAS, the State Government gives lip service to the concept of “State Mandate, State Pay”, but in reality, honors this principle more in its breach than in adherence to it; and

 

NOW, THEREFORE, IT BE RESOLVED by the Mayor and Council of the Borough of Englishtown that it calls upon the legislative and executive branches of the State Government to cease cutting revenues to New Jersey’s municipalities and to adhere to the principle of State Mandate, State Pay, so that the residents of the State will be able to make informed judgments as to what level of Government operates efficiently and what level of the Government implements and mandates costly procedures while delegating the expense to the level of Government most accountable to the people – municipalities;

 

BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to Acting Governor and Senate President Codey, Senator Anthony Bucco, Senator Nia Gill, Richard Codey, New Jersey Assembly House Speaker Ablio Sires, President of the Senate Richard Codey, Senator Joseph M. Kyrillos, Jr., Assemblyman Joseph Azzolina, Assemblyman Samuel D. Thompson, the New Jersey State League of Municipalities, and all municipalities with the county of Monmouth.

 

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

            Abstain:      None

             Absent:      None

 

Borough of Englishtown

Resolution No. 2005-075

 

                   RESOLUTION OF THE BOROUGH COUNCIL

OF THE BOROUGH OF ENGLISHTOWN AUTHORIZING

AN AMENDMENT TO MANDATORY DISTRIBUTION

THROUGH VALIC DEFERRED COMPENSATION PLAN

 

            BE IT RESOLVED by the Borough Council of the Borough of Englishtown, in the County of Monmouth and State of New Jersey, that the Amendment to the Deferred Compensation Plan (the “Plan”), which addresses the Plan’s compliance with the “automatic rollover” requirements of Internal Revenue Code Section 401 (a)(31)(B), is hereby approved and adopted, and the proper officer(s) of the Employer are hereby authorized and directed to execute and deliver to the Administrator of the Plan one or more counterparts of the amendment the same to be effective as of March 23, 2005.

 

            BE IT FURTHER RESOLVED that the undersigned further certifies that attached hereto is a true copy of the Amendment to the Plan, approved and adopted in the foregoing resolutions.

 

Offered by:             C/Rucker

 

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. 2005-076

 

Appointment of Deputy Court Clerk

 

            Whereas, there is a vacancy within the Borough of Englishtown for the position of Deputy Court Clerk; and

 

            Whereas, it is the wishes of the Governing Body to fill said position; and

 

            Whereas, it is the recommendation of the Administration, Finance and Personnel Committee to appoint Rhoda Overgard of Englishtown, New Jersey.

 

            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 Rhoda Overgard is hereby appointed as Deputy Court Clerk

            for the Borough of Englishtown, effective April 1, 2005 until

December 31, 2005.

 

2.                  That said position shall be full-time, paid $23,000.00, payable

bi-weekly per the salary ordinance with a ninety (90) day

probationary period.

 

            3.         Shall be under the direction of the Municipal Court Administrator.

 

Be It Further Resolved that a certified true copy of this resolution be forwarded to the Borough's Chief Financial Officer, Municipal Court Administrator and Rhoda Overgard.

 

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. 2005-077

 

Resolution Authorizing the Borough of Englishtown

to Advertise and Solicit Proposals for Garbage Collection Purposes

 

            Whereas, the Borough of Englishtown is a duly organized Municipal Corporation of the State of New Jersey; and

 

            Whereas, the Borough of Englishtown and its residents are in need of garbage collection services; and

 

            Whereas, prevailing New Jersey Law requires that prior to awarding a contract, the Borough advertise and solicit proposals from would-be contractors; and

 

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

 

1.         That the Borough of Englishtown is hereby authorized to advertise and solicit standard and acceptable bids for garbage collection services.

 

2.         That such advertising/soliciting shall conform with prevailing provisions of New Jersey Law.

 

3.         That the Mayor, Clerk, Borough Engineer, Borough Attorney and any other appropriate representatives are hereby authorized to sign any and all documents necessary to effectuate the intentions of the within Resolution.

 

            4.         That within Resolution shall be effective immediately.

 

Offered by:                   C/Rucker        

 

Seconded by:               C/Soden

 

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

                        Nays:   None

                    Abstain:    None

                     Absent:    None

 

Borough of Englishtown

Resolution No. 2005-078

 

Resolution Authorizing the Borough of Englishtown

to Advertise and Solicit Proposals for Recycling Collection Purposes

 

            Whereas, the Borough of Englishtown is a duly organized Municipal Corporation of the State of New Jersey; and

 

            Whereas, the Borough of Englishtown and its residents are in need of recycling collection services; and

 

            Whereas, prevailing New Jersey Law requires that prior to awarding a contract, the Borough advertise and solicit proposals from would-be contractors; and

 

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

 

1.         That the Borough of Englishtown is hereby authorized to advertise and solicit standard and acceptable bids for recycling collection services.

 

2.         That such advertising/soliciting shall conform with prevailing provisions of New Jersey Law.

 

3.         That the Mayor, Clerk, Borough Engineer, Borough Attorney and any other appropriate representatives are hereby authorized to sign any and all documents necessary to effectuate the intentions of the within Resolution.

 

            4.         That within Resolution shall be effective immediately.

 

Offered by:                   C/Rucker

 

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. 2005-079

 

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 $270,318.14 be

and the same are hereby authorized to be paid on March 23, 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

 

Public Portion – Non-Agenda Items

 

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

 

Jayne Carr, Main Street questions Mayor and Council about a plaque of Edna Hamilton, previous Mayor of Englishtown, which was recently removed from the cabinet in Borough Hall and replaced with a small picture of her.  If the Borough does not want the plaque I would like to have it.

 

Mayor Reynolds asks when was the plaque put into the cabinet, because I don’t recall seeing it going back as far as 5 years ago.

 

Jayne Carr said Richard Kachmar was working here at the time the plaque was put on display.

 

Mayor Reynolds asks Julie Martin to investigate the whereabouts of this plaque.

 

Jayne Carr states a month ago you made an announcement that Assemblymen Morgan and Panter were having a meeting regarding the rail line on March 3rd at the Freehold Township Building.  You requested that C/Simon let his neighborhood know about this.  I went to this meeting and I was the only person from Englishtown present.  In total there were approximately 150 people present and they were all in favor of the M.O.M. line.  Last night was the community liaison committee meeting and it seems that N.J. Transit is leaning towards the Matawan line.  My question is who is the community liaison from Englishtown?

 

Mayor Reynolds responded that we have no representative.

 

Jayne Carr states these meetings are very informative and every town should be represented and present for all of these meetings.  Apparently N.J. Transit will be meeting with all the municipalities in April or May and they will be giving a final report in December, 2005, which will be open for public comment in January.  I feel if this is a concern of this community some or all of this community should be a part of this process and have the opportunity to speak their minds.

 

Mayor Reynolds states I will be present the next time there is a meeting. 

 

There being no further questions a motion to close the public portion was offered by C/Simon and 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

 

            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/Soden

 

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 7:52 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/D’Agostino. Passed unanimously.

 

The time being 8:04 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 8:05 P.M.

 

___May 25, 2005__________                                          ________________________

Approved by Governing Body                                          Clerk