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

 

April 27, 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 – February 9, 2005

 

5.         Committee Reports

 

6.         Correspondence

 

7.         Open Public Portion/Limited to Agenda Items Only

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

Council's discretion.  Any and all situations regarding Borough

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

to the full attention of the Council through an appointment and

subsequent disclosure through the Personnel Committee.

 

8.         Public Hearing on Bond Release - Englishtown Industrial Park

 

9.         New Business:

 

A.     Ordinance No. 2005-09 – Amended, First Reading and Introduction

Amending and Supplementing Title 2, Housing Standards

 

B.     Resolution No. 2005-089

Authorizing Professional Appraisal Services – Liberty Manor Appeal

 

C.     Resolution No. 2005-090

Award of Contract – Water Street Curb & Sidewalk Reconstruction

 

D.  Resolution No. 2005-091

Authorizing Payment of Borough Bills

 

E.  Resolution No. 2005-092

Authorizing Purchases Over $800 – Police Car Lease

           

            10.       Tax Collector’s Report – March, 2005

 

            11.       Public Portion

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

Council's discretion.  Any and all situations regarding Borough

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

to the full attention of the Council through an appointment and

subsequent disclosure through the Personnel Committee.

 

12.      Executive Session

 

13.            Adjournment

 

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

 

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

                  Absent:       C/Simon, C/Palmieri

 

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

 

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

 

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

 

C/Palmieri arrives at 7:31 P.M.

 

C/Simon arrives at 7:32 P.M.

 

Approval of Minutes

 

There being no corrections, deletions, or additions, a motion to approve the Minutes of February 9, 2005 was offered by C/Soden 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

 

Committee Reports

 

C/Rucker states nothing at this time.

 

C/Palmieri states we have been getting a lot of responses regarding our Memorial Day Parade and the plans are underway.

 

C/Gallagher states nothing at this time.

 

C/Soden states nothing at this time.

 

C/D’Agostino states I received a few complaints from town residents regarding roosters and people bringing garbage into town for pick up.  The code enforcers were notified, however there is no ordinance at this time regarding garbage being brought into town or about residents being allowed to own roosters. 

 

C/Gallagher adds that Ed Miller, Code Official has contacted residents regarding the roosters.  The rooster complaint falls under a noise ordinance.  At this time we do not have an ordinance regulating farm animals in residential communities.  I feel we should look into such an ordinance.

 

C/Simon states the police activity report from 4/11 – 4/24 there were 520 calls and 124 motor vehicle stops.

 

Correspondence

 

Julie Martin, Municipal Clerk states no correspondence this evening.

 

Open Public Portion – Agenda Items Only

 

Mayor Reynolds opened the floor to the public for discussion limited to agenda items only.

 

Joe Palmieri, Queens Way asks regarding Resolution No. 2005-089, Liberty Manor, I thought this appeal was settled?

 

C/Gallagher responds they’re doing it again.  It’s another year, another appeal.

 

Joe Palmieri states they decide they don’t have to pay taxes so they appeal every time they get taxed.

 

Mayor Reynolds responds, you can appeal but you also have to win the case.

 

Joe Palmieri, now we have to hire a lawyer or an appraiser?

 

Mayor Reynolds responds, an appraiser to get an updated appraisal. 

 

Joe Palmieri asks who pays for that?

 

Mayor Reynolds responds the taxpayers.

 

Joe Palmieri asks if they lose the appeal do they pay that back?

 

Mayor Reynolds responds I have to check with the attorney, but I don’t think so.

 

Joe Palmieri asks do they believe they shouldn’t pay tax or their taxes are too high?

 

Mayor Reynolds responds they believe their property is assessed too high. 

 

Kevin Bosie regarding Ordinance 2005-09, states I took the time to call all 52 towns in Monmouth County.  (Kevin gives copies of his findings to Mayor and Council).  Out of the 52 towns, 7 didn’t respond, 11 don’t require any registration, 23 require registration but don’t charge a fee.  From my conversations, they are not as extensive a registration as this town is proposing.  There are 11 towns currently in Monmouth County that charge a fee with the average fee being $120.00.  This town would charge the 2nd highest fee in all of Monmouth County.  I wanted you to have the true information before you set that rate. It seems to me it’s simply a way to avoid raising the property taxes by taxing other people. 

 

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

 

John Bennett, Borough Attorney arrives at 7:40.

 

Public Hearing – Bond Release/Englishtown Industrial Park

 

Mayor Reynolds opens the Public Hearing on the Bond Release for Englishtown Industrial Park. 

 

Tom Herits, Borough Engineer states there are no concerns and all requirements were met.

 

John Bennett, Borough Attorney states notices were sent out and our engineer recommends the release of the bond.

 

Tom Herits stated two maintenance bonds were posted.

 

Jayne Carr, Main Street asks years ago there was D.E.P. issue, is it cleaned up?

 

Ken Falk, Attorney for Englishtown Industrial Park stated all is in compliance with D.E.P. requirements.

 

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

 

Mayor Reynolds states the resolution for the bond release for Englishtown Industrial Park will be on the May 11, 2005 council meeting agenda.

 

New Business

 

ORDINANCE NO.    2005-09 – REVISED             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.

A. 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.

 

B. 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.

 

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

 

D.  Registration Fee.

 

1.    The annual registration fee shall be $200.00 per rental unit.

 

E. The Rental Property Registration Application shall include:

 

1. 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.

 

2.  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.

 

3. 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.

 

4.  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.

 

5.   the name and gender of each and every adult tenant in each rental unit. Children shall be listed by

age group.

 

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

 

7.  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.

 

8.  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.

 

1. 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.

 

2. 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.

 

2.81.04.    Inspection Required.

 

A. 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.

 

B.  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.

A.  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.

 

A. Responsibility.

 

1. 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.

 

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

 

2. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in proper state of repair, and maintained free from hazardous conditions.

 

3. All accessory structures, including detached garages, fences and walls shall be maintained structurally sound and in good repair.

 

B. Exterior of Structures

 

1. 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.

 

2. 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.

 

3. 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.

 

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

 

2.Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair.

 

3.  Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.

 

4. 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.

 

A.  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.

 

B.  Every dwelling shall be provided with electrical service.

 

CEvery 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.

 

D.  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.

 

E. 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.

 

F. 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.

 

2.81.10.    Ventilation.

 

A. 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.

 

B. 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.

 

a.  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.

 

B. 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.

 

A.  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.

 

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

 

B. 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.

 

C. 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:

 

1.   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.

 

2. 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.

 

3. 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: 1.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:

 

1.   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. 

 

2.  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.

 

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

 

4.  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.

 

A.   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.

 

B.  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.

 

C. 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.

 

A.  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.

 

B. 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.

 

Offered By:            C/Simon

Seconded By:         C/Gallagher

Julie Martin, Municipal Clerk advises Public Hearing and Adoption will be held at the next council meeting on May 11, 2005 at Borough Hall.

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. 2005-089

 

RESOLUTION AUTHORIZING THE PROFESSIONAL APPRAISAL

SERVICES OF STUART APPRAISAL COMPANY, INC.,

IN CONNECTION WITH A PENDING TAX APPEAL

FILED BY LIBERTY MANOR ASSISTED LIVING FACILITY

(BLOCK 1, LOT 1)

 

 WHEREAS, there is a need for the Borough of Englishtown to retain the services of a professional appraisal in order to provide valuation and consulting services relating to a tax appeal filed by Liberty Manor Assisted Living Facility, concerning a certain property known and designated as Block 1, Lot 1 on the Englishtown Borough Tax Map; and 

 

WHEREAS, the firm of Stuart Appraisal Company, Inc., has expressed an interest in providing the aforesaid appraisal services; and

 

WHEREAS, the services to be provided are considered to be “Professional Services” pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq.; and

 

WHEREAS, the Local Public Contracts Law authorizes the awarding of a contract for “Professional Services” without public advertising for bids and bidding therefore, provided that the Resolution authorizing the contract and the contract itself be available for public inspection in the office of the Borough Clerk and that notice of the awarding of the Contract be published in a newspaper of general circulation in the municipality; and

 

WHEREAS, the Borough Council, having considered the same, now wishes to authorize the award of a professional service contract to Stuart Appraisal Company, Inc., for the provision of the necessary appraisal services.

 

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

 

1.         That the Mayor is authorized to execute and the Borough Clerk to attest an Agreement between the Borough of Englishtown and Stuart Appraisal Company, Inc., regarding the above-referenced appraisal services.

 

2.         That this contract is awarded without competitive bidding as a “Professional Service” in accordance with N.J.S.A. 40A:11-5 of the Local Public Contracts Law of New Jersey, because the services will be performed by persons authorized by law to practice a recognized profession and it is not possible to obtain bids for such needed qualitative services.

 

3.         That there shall be a cap on the expenditure of funds related to this contract in the amount of $2,500.00, without further authorization from the Borough Council.

 

4.         That the Chief Financial Officer is directed to file a Certificate of Availability of sufficient funds for this contract and to attach same to this Resolution.

 

5.         That Notice of the adoption of this Resolution shall be published in a newspaper of general circulation within the Borough.

 

6.         That a certified copy of this Resolution shall be provided to each of the following:

 

a.         Stuart Appraisal Company, Inc. (Attn:  James Stuart, MAI)

b.         Borough Assessor

c.         Chief Financial Officer

d.                  Borough Attorney

 

Discussion takes place between Mayor, Council, John Bennett, Borough Attorney and the public regarding the Liberty Manor Tax Appeal.

 

Offered By:               C/Simon             

 

Seconded By:            C/Gallagher

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

                  Nays:       None

               Absent:       None

              Abstain:       None

                 

Borough of Englishtown

Resolution No. 2005-090

 

Resolution Awarding Contract for Water Street

Curb and Sidewalk Reconstruction

 

            Whereas, bids have been received on April 1, 2005 by the Borough Clerk for the reconstruction of curbs and sidewalks on Water Street as follows:

 

                        Concrete Masters                                 $ 92,905.00                            

                        Newark, NJ

 

                        Curb Con                                             $107,968.75

                        Barnegat, NJ

 

                        Defino Contracting                                $118,703.49

                        Cliffwood Beach, NJ

 

                        Ocean Excavating                                 $131,070.00

                        Toms River, NJ

 

                        Diamond Construction                          $132,955.00

                        Dunellen, NJ

                       

                        Berto Construction                               $135,959.00

                        Rahway, NJ

 

            Whereas, it has been determined that the apparent lowest responsible bidder is Concrete Masters, Newark, NJ.

 

            Now, Therefore, Be It Resolved by the Governing Body of the Borough of Englishtown, County of Monmouth, State of New Jersey that it hereby authorizes the award of a contract to Concrete Masters in the amount of $92,905.00 for the reconstruction of curbs and sidewalks on Water Street, subject to the bidder’s forms being found to be acceptable as to legal form by the Borough Attorney, and subject to all terms and conditions of the successful bidder’s proposal and the bid specifications.  The within Resolution shall also be subject to the Borough CFO confirming that funds are available.

 

            Be It Further Resolved that the Mayor and Municipal Clerk are hereby authorized to execute said contact.

 

            And, Be It Further Resolved that a certified copy of this resolution shall be provided by the Municipal Clerk to each of the following:

 

1.                  Concrete Masters

2.                  Borough of Englishtown Engineer

3.                  Borough of Englishtown Chief Financial Officer

 

Offered  by:                 C/D’Agostino

 

Seconded by:              C/Gallagher

 

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. 2005-091

 

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 $248,305.00 be and

                   the same are hereby authorized to be paid on April 27, 2005.

 

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

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

 

Offered  by:                  C/D’Agostino

 

Seconded by:               C/Simon

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

                   Nays:        None

                Absent:         None

               Abstain:         None

 

Borough of Englishtown

Resolution No. 2005-092

 

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:

 

Municipal Lease

One (1) 2005 Ford Crown Victoria P71

$7,184.36

 

Purchased From:                                  Winner Ford

                                                            250 Haddonfield- Berlin Road

                                                            Cherry Hill, NJ  08034

                                                            State Contract #A45069

 

            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/D’Agostino

 

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

                  Nays:         None

               Absent:          None

              Abstain:          None

 

Tax Collectors Report

 

                                                  Month of March, 2005

 

                                    Current Taxes 2005                  39,903.19

                                    Prior Taxes 2004                      29,993.38

                                    Interest & Cost on Taxes            2,465.14

 

                                    Total Cash Receipt                   72,361.71

                                   

Public Portion – Non-Agenda Items

 

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

 

Joyce Stipple, Irving Place asks can we enforce a law about garbage from out of town.

 

Mayor Reynolds responds we will have the code official see what we can do.

 

Irene Borghaus, 44 Main Street, asks regarding the 134 apartments, how many are 2 or 3 families?  How many units per building?

 

Mayor Reynolds responds the buildings have 8 or 10 units in them and they are 2 or 3 bedrooms.  There are 12 or 14 separate buildings. 

 

Irene Borghaus states because there is over three families in the buildings the State will oversee them, how are you going to make the owner pay twice.  They are going to have to pay to register with the State and then he is going to have to pay $200.00 to register with the Borough plus the cost of the C.O.  This money goes into the general fund.  Why not tax all the taxpayers $10.00 a year since this affects the whole town. 

 

Discussion continues between Mayor, Council and the public regarding Oxford Crossing and Stamford Square’s rentals and property owners.

 

Jayne Carr, Main Street states you need to bring more revenue into the town and you’re looking for different ways.  I’ve been telling you to set up an economic development committee.  Manalapan wants Englishtown as their downtown. 

 

Mayor Reynolds responds in order for Manalapan to take this as their downtown they would have to take over the community.

 

Jayne Carr, Main Street states yes and if we don’t want to go down that road we need more ratables.  You need to get a committee together to start building up your commercial district. 

 

C/Gallagher states two weeks ago C/Soden, Tom Herits, Borough Engineer and myself met with Martin Bierbaum.  We spoke about the Village Center Designation.  He is going to give us ideas and suggestions on things we can do and ways we can benefit from the Village Center Designation. 

 

Jayne Carr states about 6 months ago I asked if we received money from the government for homeland security and you said yes we are receiving it but didn’t know yet how it would be spent.  How much money did we receive?

 

Mayor Reynolds states we received $25,000.00 and the money went towards the generator, which cost us $50,000.00

 

Jayne Carr asks why isn’t the generator working yet?

 

Tom Herits, Borough Engineer states the contractor just got his plumbing permit.  It should be completed in 2 or 3 weeks.

 

Joe Palmieri, Queens Way, states English Club has two ongoing problems.  One problem is the retention pond that water keeps accumulating in. The second problem is that Marpal broke the dumpster enclosure again by unit 80. 

 

Julie Martin states I will call Marpal tomorrow. 

 

Tom Herits will look into the retention pond.

 

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.

 

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 contract negotiations 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/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

 

The time being 8:35 P.M.

 

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

 

The time being 9:20 P.M.

 

Mayor Reynolds states I received a memo from The County regarding the reallocation of Route 527A and Route 527.  The County wants to realign the intersection where those two roads meet.  They want to do this around the first of the year but need our consent first.

 

Tom Herits, Borough Engineer discusses the details of this project with Mayor, Council and the public. 

 

Adjournment

 

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

 

The time being 9:30P.M.

 

__June 22, 2005___________                                          ________________________

Approved by Governing Body                                          Clerk