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

April 13, 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 – January 12, 2005, January 26, 2005

 

            5.     Proclamation – Alcohol Awareness Month, April

 

            6.     Committee Reports

 

            7.     Correspondence

 

            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.     Public Hearing on 2005 Municipal Budget

   

         10.     Old Business:

 

                    A. Ordinance No. 2005-09 – Public Hearing & Adoption

                    Amending and Supplementing Title 2, Housing Standards

 

        11.     New Business:

 

                  B. Resolution No. 2005-080

                  Authorizing Application For State Aid – So. Main Street, Park Avenue,

                  Conover Street, Station Street (Rt. 527/527A)

 

                  C. Resolution No. 2005-081

                  Authorizing Application For State Aid – Hamilton Street and Irving Place

 

                  D. Resolution No. 2005-082

                  Authorizing Application For State Aid – Pedestrian Crosswalks

 

                  E. Resolution No. 2005-083

                  Resolution To Cancel Small Tax Balances

 

                  F. Resolution No. 2005-084

                  Authorization of Purchases Over $800 – Street Sweeping

 

                 G. Resolution No. 2005-085

                  Emergency Temporary Appropriations

 

                  H. Resolution No. 2005-086

                  Authorizing Borough Attorney To Defend Tax Appeal/Liberty Manor

 

                  I. Resolution No. 2005-087

                  Authorization of Purchases Over $800 – Maser Consulting

 

                  J. Resolution No. 2005-088

                 Authorizing Payment of Borough Bills

 

        12.    Tax Collector’s Report – February, 2005

 

        13.    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.

 

        14.    Executive Session

 

        15.   Adjournment

 

The meeting was called to order by Mayor Reynolds at 7:30 P.M.

 

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

               Absent: C/D’Agostino

 

Also present were Julie Martin, Municipal Clerk, Lynn Tillman, Deputy Municipal Clerk, and John O. Bennett, Borough Attorney.

 

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

 

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

 

Approval of Minutes – January 12, 2005 & January 26, 2005

 

There being no corrections, deletions or additions, a motion to approve the Minutes of January 12, 2005 and January 26, 2005 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, C/Palmieri

              Nays:  None

          Abstain:  None

           Absent:  C/D’Agostino

 

Proclamation – Alcohol Awareness Month, April

 

Mayor Reynolds reads Proclamation designating April as Alcohol Awareness Month in Englishtown.

 

Committee Reports

 

C/Rucker states nothing at this time.

 

C/Palmieri states The Memorial Day Parade, chaired by Lynn Strong will be on May 30th. The first mailing has gone out for the parade. The Recreation Committee has also been diligently working on The Fall Festival, which will be held on October 1st. Also, the first Saturday of every month we have a Recreation Meeting here at Borough Hall and everyone is always welcome to attend. We are always looking for volunteers. The next meeting will be on May 7th at 10:00am.

 

C/Gallagher states we received a letter from The State of New Jersey, Department of Community Affairs informing us that Englishtown will benefit from a grant for shared services of Tax Collector with Plumsted. The grant is in the amount of $5000.00, however I recall Englishtown’s percentage from that is 23%. They are also asking if we want to have a ceremonial check presentation.

 

C/Soden states the bids for garbage and recycling contracts will be in Friday’s Star Ledger and Asbury Park Press.

 

C/Simon states in the police activity report from 3/18 – 4/11, there were 851 calls and 234 motor vehicle stops.

 

Correspondence

 

Julie Martin, Municipal Clerk states next Tuesday, April 19th is the School Board Elections. Polls will be opened from 12:00 – 9:00 p.m. Everyone is encouraged to come out and vote.

 

Public Portion – Agenda Items Only

 

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.

 

Public Hearing – 2005 Municipal Budget

 

Mayor Reynolds opened the floor to the public for discussion on the 2005 Municipal Budget.

 

Jayne Carr, Main Street asked what is the new tax rate going to be?

 

Himanshu Shah, Chief Financial Officer responds before I answer that question you should know that The Borough has applied for Extraordinary Aid through the State. Tonight while we are going to have a public hearing and answer all your questions the council is not going to adopt the budget because we have to wait to hear from the State. Keeping that in mind, currently the tax rate is projected to be .796 cents per $100.00.

 

We have requested roughly $123,000.00 in State Aid. If we receive that amount there will be no tax increase to the residents.

 

Jayne Carr asks, in that budget how many new employees are being added?

 

C/Gallagher responds one part time employee in the Court was made a full time employee.

 

There being no further 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

 

Borough of Englishtown

Ordinance No. 2005-09                                                                             Public Hearing & Adoption

 

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 or 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 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.

 

2.81.05. 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.

 

2.81.11. 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 not 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.

 

Public Hearing - Ordinance No. 2005-09

 

Mayor Reynolds opened the floor to the public for discussion of Ordinance No. 2005-09 regarding the housing standards within the Borough. Richard Hogan Borough Construction/Code Official was also present.

 

Kevin Bosie, 12 Main Street, asked what is the purpose for this ordinance?

 

Mayor Reynolds responds, some reasons are overcrowding, illegal units etc.

 

Irene Borghaus, Fireplaces of America, Main Street, as an "owner/occupier, am I exempt?

 

Mayor Reynolds responded yes.

 

Irene Borghaus asked what is "reasonable", are there going to be set guidelines?

 

Rick Hogan, Construction/Code Official responds, the right of entry is standard language. It gives Borough Officials authority to go in and correct issues (loss of heat, etc.). Also, if landlord has any problems, it gives the Borough the right to go in. Obviously we will not be able to just walk in, we will request assistance from the Police Department if needed.

 

Irene Borghaus, asked is this ordinance being done because of the units coming in to LaSatta Avenue? Why such a high fee? Shouldn’t existing landlords be "grand fathered" in?

 

John Bennett, Borough Attorney responds you cannot discriminate.

 

Irene Borghaus stated, you are putting a burden on existing landlords. $300.00 registration, plus a new tenant C.O. at $100.00; that’s $400.00. It’s an expensive proposition.

 

C/Gallagher asked Rick Hogan if these fees had been researched. Are they in line with other communities?

 

Rick Hogan responded, we surveyed our fees and found that they are reasonable compared to other towns.

 

Irene Borghaus said, I would appreciate fees being reduced, they are a little high and it’s a lot of money to me. Can’t it be adjusted?

 

Kevin Bosie states, you currently have 60 rentals and anticipate an additional 130+ units at $300.00. That equates to $60,000.00. You are paying one person $5,000.00 which means you are making $$55,000.00

 

C/Soden states, there are other employees involved in the process; Code Official, Electrical Inspector, Plumbing Inspector, etc.

 

Kevin Bosie, this town will get $60,000.00 for this ordinance, why charge 12 times the cost?

 

John Bennett states, not all rental units are on board yet.

 

Kevin Bosie, this year you are taking $12,000 from citizens for a $5,000 project. Make it "self funding", not "super funding"!

 

John Bennett responds, we can charge $2,000 for a Liquor License, but it doesn’t cost us that much to monitor. This

$300 was found to be a fair and reasonable fee; we don’t have to charge dollar for dollar. We don’t spend more money, it goes into surplus.

 

Kevin Bosie stated, the whole part of Republican Government is that we don’t just spend money. If this is a good program, fine, but this year $18,000 and ultimately $60,000 for something that costs $7000. You should make this self-funding.

 

C/Soden asked Kevin Bosie if he had any other concerns with the proposed ordinance or is it just that you feel the fee is too high? If this is the problem may I suggest tabling the ordinance and having a meeting with Code Officials and Landlords and thereafter making a final decision.

 

Kevin Bosie states, he would make himself available for such a meeting.

 

Leslie Serafina stated I have had tenants for 10 years and never had a problem. Why do you want this information and where is to be stored?

 

C/Soden stated it would be stored in the Code Enforcement Office.

 

Leslie Serafina asks why do you need the utility bill information?

 

Rich Hogan responds, as an example, incase the landlord shuts off the utilities.

 

Leslie Serafina asks, when will registration forms be available?

 

Rick Hogan responds, the forms are being drawn up now.

 

Helen Burke, 6 Main Street, states I have never had problems with the Code Officials in Englishtown. AI feel the fee of $300.00 is going to get passed to tenants in an additional $25.00 a month rent increase. I feel bad having to go to my tenants with such an increase. We are penalizing the person that can’t afford to buy a house.

 

C/Gallagher states, this committee was formed to take a pro-active approach and not done to penalize anyone, to have something in place before rather than after the fact. Can the Committee discuss the fees further?

 

Rick Hogan said we reviewed other towns, we thought $300.00 was reasonable.

 

Irene Borghaus said with the 134-rental development coming into town and putting the burden on the community, I

feel the developer should pay the bulk of the bill.

 

C/Palmieri said there are problems with other rentals in town.

 

Irene Borghaus said problems come when we get greedy. There is no decent, reasonable housing anywhere. People need a house to call home and for it to be affordable. My point is there are new communities coming in and they are causing the hardship.

 

C/Palmieri responds it’s not just the new ones coming in causing the hardships.

 

Irene Borghaus states, I feel the ordinance needs more thought.

 

Jayne Carr, resident, Main Street asks Rick Hogan on Page 4 item F, is this standard language from a past ordinance?

 

Rick Hogan responds yes.

 

Jayne Carr asked what is reasonable time for entry? Can a neighbor complain and you go in?

 

Rick Hogan responds, yes but all complaints will be investigated first to be confirmed legitimate.

 

Jayne Carr says it appears you can change rules as necessary.

 

Rick Hogan responds this gives us authority to change any "gray areas" that come into the Code Enforcement Department all the time.

 

Jayne Carr said Affordable Housing in Monmouth County is at levels no one can afford. Will we now get our COAH settlement?

 

John Bennett, Borough Attorney responds that is in the law suite settlement. We met our share by Court. We now have court order judgment of repose.

 

Jayne Carr asks, I want to know if we are getting COAH certification.

 

John Bennett responds, it’s repose, not COAH certification.

 

Irene Borghaus asks is English Club and Englishtown Commons classed as multiple unit developments?

 

C/Palmieri responds yes, they are in excess of 80 units.

 

Lori Cooke, 12 Wood Avenue said, I am a renter, $300. will be passed to me. I feel like a 2nd class citizen, giving details on my bills, children’s info etc. I feel like my rights are being violated.

 

C/Gallagher said I believe information about names/ages/sex of children should be kept confidential.

 

John Bennett said schools have information on how many live in homes, etc.

 

Joann Damante, Heritage Drive said names of children are not public information.

 

General comments and concerns raised by the landlords of the Borough were the registration fee of $300 per rental unit being charged. Also, tenants were concerned with the application requesting information regarding personal information of children and utility information.

 

It was discussed that a survey was taken of other communities who have housing standards and it was determined by the housing committee that the amount of $300 was a fair and reasonable fee. If landlord resides on the rental property, landlord is exempt from such fees. Some towns have a $500 annual charge to the landlord and if there are no violations, the fee then decreases over a period of time. A suggestion was made to reverse that process for the Borough; start at a low fee with increases according to violations.

 

Concern raised regarding information requested of the tenant to provide names, ages, and gender of adults as well as children. Security of information was a concern. Number of tenants residing at a residence is pertinent to prevent overcrowding, school attendance, safety. Information could be marked "confidential" to avoid access to public records. Borough Attorney to investigate "confidentiality concerns. Utility information is needed should there be a need for Code Enforcer to intervene landlord/tenant. Right of entry permission is granted from owner and permission is granted from tenant should a need arise.

 

Questions were raised as to where the monies were to go with no additional personnel, nor increase in working hours. No fee charged by the Borough is directly related dollar for dollar. An increase of available money would alleviate pulling money from other entities; the Borough is working on a minimal budget.

 

The landlords and the housing committee will meet for further discussions on reasonable fees and the above concerns before the next council meeting of April 27th.

 

/ / / / / TABLED / / / /

 

The above noted ordinance was "TABLED" at the April 13, 2005 meeting and will be re-introduced at the April 27, 2005 meeting.

 

New Business

 

Borough of Englishtown

Resolution No. 2005-080

 

"RESOLUTION AUTHORIZING THE APPLICATION

FOR STATE AID FOR SOUTH MAIN STREET,

PARK AVENUE, CONOVER STREET,

STATION STREET (RT 527 AND 527A) "

 

        WHEREAS, the Borough of Englishtown is interested in filing a FY 2006 application to the New Jersey Department of Transportation under the Transportation Trust Fund Authority Act, Centers of Place, for the construction of curb and sidewalk for 0.38 miles of South Main Street, Park Avenue, Conover Street, Station Street (Rt. 527 & 527A), at an estimated cost of $220,000.00.

 

        NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Borough of Englishtown authorizes the Mayor and Municipal Clerk to execute the attached application and agreement for State Aid for South Main Street, Park Avenue, Conover Street, Station Street (Rt. 527 & 527A).

 

Offered By:       C/Rucker

 

Seconded By:    C/Soden

 

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

               Nays:  None

            Abstain:  None

            Absent:  C/D’Agostino

 

Borough of Englishtown

Resolution No. 2005-081

 

"RESOLUTION AUTHORIZING THE APPLICATION FOR

STATE AID FOR HAMILTON STREET AND IRVING PLACE"

 

        WHEREAS, the Borough of Englishtown is interested in filing a FY 2006 application to the New Jersey Department of Transportation under the Transportation Trust Fund Authority Act, Municipal Aid, for the reconstruction of 0.24 miles of Hamilton Street and Irving Place, at an estimated cost of $220,000.00.

 

        NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Borough of Englishtown authorizes the Mayor and Municipal Clerk to execute the attached application and agreement for State Aid for Hamilton Street and Irving Place.

 

Offered By:        C/Rucker

 

Seconded By:     C/Soden

 

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

                Nays:  None

            Abstain:  None

            Absent:   C/D’Agostino

 

Borough of Englishtown

Resolution No. 2005-082

 

RESOLUTION AUTHORIZING THE APPLICATION

FOR STATE AID FOR PEDESTRIAN CROSSWALKS

 

        WHEREAS, the Borough of Englishtown is interested in filing a FY 2006 application to the New Jersey Department of Transportation under the Transportation Trust Fund Authority Act, Centers of Place, for the construction of a pedestrian crosswalk lighting systems for South Main Street at Tennent Avenue and Water Street, at an estimated cost of $326,000.00.

 

        NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Borough of Englishtown authorizes the Mayor and Municipal Clerk to execute the attached application and agreement for State Aid for the pedestrian crosswalk lighting systems.

 

Offered By:         C/Soden

 

Seconded By:      C/Simon

 

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

                Nays:   None

            Abstain:   None

             Absent:   C/D’Agostino

 

Borough of Englishtown

Resolution No. 2005-083

 

Resolution To Cancel Small Tax Balances

 

        WHEREAS, N.J.S.A. 40A:5-17.1 provides that a municipality may authorize the processing of tax refunds of less than Ten ($10.00) Dollars and the cancellation of tax delinquencies of less than Ten ($10.00) Dollars.

 

        NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the Borough of Englishtown that the Tax Collector is hereby authorized to process, without any further action on the part of the Governing Body, any property tax refund of less than ($10.00) Dollars; and,

 

        BE IT FURTHER RESOLVED, that the Tax Collector is hereby authorized to process, without further action on the part of the Governing Body, the cancellation of any property tax delinquency of less than Ten ($10.00) Dollars; and,

 

        BE IT FURTHER RESOLVED, that a Certified Copy of this Resolution be provided by the Municipal Clerk to the Tax Collector and the Chief Financial Officer.

 

Offered By:         C/Simon

 

Seconded By:     C/Gallagher

 

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

                Nays:  None

            Abstain:  None

            Absent:   C/D’Agostino

 

Borough of Englishtown

Resolution No. 2005-084

 

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;

 

Borough Street Sweeping $800.00

Purchased From:

Ocean Power Sweeping

Jackson, NJ

 

        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, C/Palmieri

               Nays:     None

            Absent:     C/D’Agostino

            Abstain:    None

 

Borough of Englishtown

Resolution No. 2005-085

 

Emergency Temporary Appropriations

 

        WHEREAS, an emergent condition has arisen with respect to the need for various operating expenses prior to the adoption of the 2005 Budget and N.J.S.A.40A:4-2 provides for the creation of an emergency temporary appropriation for the purpose above mentioned; and

 

        WHEREAS, the total emergency temporary Resolutions adopted in the year 2005 pursuant to the provisions of Chapter 96, P.L.1051 (N.J.S.A.40A:4-20) including this Resolution total $1,136,139.50.

 

        NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Englishtown that an emergency temporary appropriation be and the same is hereby made for the attached indicated appropriations.

 

Offered By:       C/Soden

 

Seconded By:    C/Simon

 

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

                Nays: None

             Absent: C/D’Agostino

            Abstain:  None

 

Borough of Englishtown

Resolution No. 2005-086

 

RESOLUTION AUTHORIZING THE BOROUGH ATTORNEY TO

DEFEND THE BOROUGH OF ENGLISHTOWN IN CONNECTION

WITH A TAX APPEAL FILED BY RUCK, DIRUBBIO, & MACCAULEY,

LLC D/B/A THE LIBERTY MANOR ASSISTED

LIVING FACILITY (BLOCK 1, LOT 1).

 

        WHEREAS, Ruck, DiRubbio, & MacCauley, LLC d/b/a The Liberty Manor Assisted Living Facility, the property owner of a certain property known and designated as Block 1, Lot 1 on the Englishtown Borough Tax Map, has filed a tax appeal in the Tax Court of New Jersey, contesting the assessed value of the said property for the 2005 tax year; and

 

        WHEREAS, the Borough of Englishtown wishes to authorize the Borough Attorney to defend the Borough and represent the interests of the Borough in connection with the aforesaid tax appeal.

 

        NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Englishtown, in the County of Monmouth and State of New Jersey, that the Borough Attorney is hereby authorized to defend the Borough of Englishtown in connection with a tax appeal filed by Ruck, DiRubbio, & MacCauley, LLC d/b/a The Liberty Manor Assisted Living Facility, regarding a certain property known and designated as Block 1, Lot 1 on the Englishtown Borough Tax Map, contesting the assessed value of said property for the 2005 tax year.

 

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

  • Tax Assessor

  • John O. Bennett, III, Esq., Borough Attorney

  • Offered By:       C/Soden

     

    Seconded By:   C/Simon

     

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

                  Nays:  None

               Absent:  C/D’Agostino

              Abstain:  None

     

    Borough of Englishtown

    Resolution No. 2005-087

    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:

     

    FY2006 DOT Grant Applications: $990.00

    Municipal Aid, Safe Streets to Schools

    And Centers of Place

    (3 Applications)

    Purchased From:

    Maser Consulting

    Red Bank, NJ

     

            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/Soden

     

    Seconded By:     C/Gallagher

     

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

                    Nays: None

                Absent:  C/D’Agostino

                Abstain:  None

     

    Borough of Englishtown

    Resolution No. 2005-088

     

    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 $243,930.18 be and

                            the same are hereby authorized to be paid on April 13, 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/Rucker

     

    Seconded by:     C/Gallagher

     

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

                   Nays:   None

                Absent:   C/D’Agostino

                Abstain:  None

     

    Tax Collector’s Report Month of February, 2005

     

                                Current Taxes          699,747.04

                                    Prior Taxes            16,611.75

                Interest & Cost on Taxes             1,028.85

                            Total Cash Receipt      717,387.64

     

    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 St., asked about the AID resolutions on tonight’s’ agenda – are they applications for State Aid?

     

    Mayor Reynolds replied yes.

     

    Jayne Carr asked Mayor and Council did any of you meet with Manalapan to take over the Police Department?

     

    Mayor Reynolds replied no.

     

    Jayne Carr questioned Mayor and Councils meeting with New Jersey Transit and why it wasn’t a public meeting.

     

    Mayor Reynolds responded NJT met us to review information already given out at prior meetings on the rail line.

     

    Questions and answers continued, discussions of the Battleground areas designated historic value and impact of rail line to that property.

     

    Jayne Carr again questioned: there was no talk between Mayor and Council with Manalapan to take over Englishtown?

     

    Mayor Reynolds responded again, no.

     

    Ellen Barbiero, 22 Heritage Dr., questioned the School Board vote on the 19th. Manalapan is decreasing and Englishtown increasing. What are the chances of Englishtown residents voting this down?

     

    Mayor Reynolds stated it is very important to vote. If the budget is not defeated, there is no review. If the budget is defeated, Mayor and Council review it as well as having an opportunity for the public to review it. Manalapan has many ratables whereas Englishtown have few. With the new developments coming in, ratables will increase but at the same time, there will be an increase in students causing an increase in taxes.

     

    There being no further questions or comments from the public, a motion to close the public portion was offered by C/Gallagher and 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

     

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

    Executive Session when the meeting returns to open.

     

    Offered By:     C/Soden

     

    Seconded By:  C/Gallagher

     

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

                   Nays: None

                Absent: C/D’Agostino

                Abstain: None

     

    The time being 9:04 P.M.

     

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

     

    The time being 9:56 P.M.

     

    Adjournment

     

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

     

    The time being 9:57 P.M.

     

     

    __May 25, 2005___________                     ________________________

    Approved by Governing Body                       Clerk