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

 

May 11, 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 23, 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.         Old Business:

 

A.     Ordinance No. 2005-09 Amended, Public Hearing and Adoption

Amending and Supplementing Title 2, Housing Standards

 

9.         New Business:

 

B.     Resolution No. 2005-093

Authorizing Release of Performance Bond - Englishtown Industrial Park

 

C.     Resolution No. 2005-094

Emergency Temporary Appropriations

 

D.  Resolution No. 2005-095

Authorizing Purchases Over $800 – Police Ammunition

 

E.  Resolution No. 2005-096

Authorizing Purchases Over $800 – Shared Services, Police Department Emergency 911

 

F.      Resolution No. 2005-097

Authorizing Purchases Over $800 – Shared Service, Police Department, Data Lines and Computer Supplies

 

G.     Resolution No. 2005-098

Authorizing Payment of Borough Bills

           

            10.       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.

 

11.       Executive Session

 

12.              Adjournment

 

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

 

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

                  Absent:       C/Gallagher

 

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

 

There being no corrections, deletions, or additions, a motion to approve the Minutes of February, 23 2005 was offered by C/Soden and seconded by C/Simon.  Passed on the following roll call:

 

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

                Nayes:          None

               Abstain:         None

                Absent:         C/Gallagher

 

Committee Reports

 

C/Rucker states last week work was started on the restrooms in the park.  The actual unit will be set tomorrow and it should be completed shortly.

 

C/Palmieri states the Memorial Day Parade is on Monday May 30th at 2:00 p.m.

 

C/Soden states nothing at this time.

 

C/D’Agostino states nothing at this time.

 

C/Simon states the police activity report from 4/25 – 5/6 there were 430 calls and 81 motor vehicle stops. 

 

Correspondence

 

Julie Martin, Municipal Clerk states the annual rabies clinic will be held on June 14th in the D.P.W. garage from 6:00 – 7:30 P.M., at which time residents can also license their pets.

 

Public Portion – Agenda Items

 

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

 

Jayne Carr, Main Street asks on the bill list page 3 prepare bid specs for GE, what is that?

 

Julie Martin responds that is for the generator.

 

Jayne Carr asks did we pay for the bid specs twice for the restrooms?

 

Mayor Reynolds responds I will check into that.

 

Julie Martin responds I believe the bid specs had to be redone.  I will find out the reason why.

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

 

ORDINANCE NO.    2005-09 – REVISED             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.

 

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 Structure.

 

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.

 

C.  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.

 

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.

Public Hearing

 

Mayor Reynolds opened the floor to the public for questions or comments on the above titled ordinance.

 

Kevin Bosies, 12 Main Street states I researched into this a little more.  According to the United States Census Bureau there were 680 housing units in the year 2000; of those 211 were rentals.  Home Owners get to deduct the taxes off their income tax, get a tax rebate from the State of New Jersey, and if they are 65 and earn under $40,000 get their taxes frozen.  The tenant, who gets nothing, now has to pay the Borough an extra $200.00 a year.  I don’t understand why you picked this particular group to discriminate against.

 

Mayor Reynolds responds we are looking to have rental control and we are in the right to institute an ordinance that has those fees.  We’ve had many meetings about this and have lowered the fees. 

 

Discussion continues between Mayor, Council and Kevin Bosies.

 

Irene Borghaus, Main Street states I don’t have a problem paying a fee for a service; I have a problem with the amount.  You will be collecting an enormous amount of money and the money that would be allotted for the new Housing Inspector position is only $9,000.00.  What are you going to do with that extra money? 

 

Discussion continues between Irene Borghaus, Mayor, Council and Borough Attorney John Bennett.

 

Jayne Carr requests that John Bennett, Borough Attorney check with the State Housing Authority to see if the State oversees the 132 new units coming into town and if that precludes the Borough from charging for a C.O., charging the owner the $200.00 fee per rental and if the Borough will we be able to perform our own inspections.

 

Mayor Reynolds responds we will get those answers.

 

Joe Palmieri states I own my property however the owner of the property next door to me makes money monthly by renting his property.  My suggestion is everyone that is renting his or her property in this town should register by December 31st free of charge.  Anyone who doesn’t register by that time should be fined $300.00.  Beginning January, 2006 all people who are renting will be charged a registration fee of $100.00.  In the year 2007 the registration fee should go up to $200.00.  By then you will have a year and half of experience and you will know if the $100.00 fee will meet your requirements. 

 

Ellen Burke, 6 Main Street feels fee is excessive and asks that it be reconsidered.

 

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.

 

There was a motion to table the above titled ordinance.

 

Offered By:                  C/D’Agostino

 

Seconded By:               C/Soden

 

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

                Nayes:          C/Simon

               Absent:          C/Gallagher

              Abstain:          None

 

This ordinance will be tabled until the May 25, 2005 council meeting, where it will be further considered for adoption.

 

/////// TABLED \\\\\\\

 

New Business

 

Borough of Englishtown

Resolution No. 2005-093

 

Authorizing the Release of Performance Bond

For Englishtown Industrial Park, LLC

 

            Whereas, Englishtown Industrial Park, LLC, 28 Harrison Avenue, Ste. 201, Englishtown New Jersey has requested the release of its' Performance Bond 69527910 in the amount of $139,770.47; and

 

            Whereas, the Borough Engineer by letter has recommended the release of said Bond subject to the posting of a satisfactory two (2) year Maintenance Bond in the amount of $23,295.08 and the payment of all outstanding bills; and

 

            Whereas, the Borough also holds a cash performance bond which has a currently value of $15,757,75; and

 

            Whereas, Englishtown Industrial Park, LLC has agreed to transfer it’s cash performance bond into a Maintenance Bond; and

 

            Whereas, Englishtown Industrial Park, LLC has now posted with the Borough a further cash amount of  $7,558.08, which together with the cash bond already being held by the Borough more than equates to the required amount of the Maintenance Bond.

 

            Now, Therefore Be It Resolved, by the Mayor and Council, Borough of Englishtown, County of Monmouth, State of New Jersey that it hereby authorizes the release of the Performance Bond for Englishtown Industrial Park, LLC subject to the following:

 

            1.         Payment of all outstanding Bills.

 

 

            Be It Further Resolved That, a Certified Copy of the Resolution shall be provided by the Clerk to the following: Borough Engineer, Borough Attorney, Chief Financial Officer and Englishtown Industrial Park, LLC

 

Offered By:                  C/Soden

           

Seconded By:               C/D’Agostino

 

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

                 Nays:           None

               Absent:          C/Gallagher

              Abstain:          None

 

Borough of Englishtown

Resolution No. 2005-094

 

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 $1,150,527.00.

 

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/D’Agostino

 

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

                  Nays:         None

               Absent:         C/Gallagher

              Abstain:          None

 

Borough of Englishtown

Resolution No. 2005-095

 

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:

 

Ammunition for Police Department        $839.44

 

Purchased From:

The Lawmen Supply

Egg harbor City, 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/D’Agostino

 

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

                  Nays:         None

               Absent:          C/Gallagher

              Abstain:          None

 

Borough of Englishtown

Resolution No. 2005-096

 

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:

 

Annual Shared Service Charges

Monmouth Co. Emergency 911 Dispatch                      $28,779.48

 

Purchased From:

Monmouth County Sheriff’s Office

Freehold, 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/D’Agostino

 

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

                  Nays:         None

               Absent:          C/Gallagher

              Abstain:          None

 

Borough of Englishtown

Resolution No. 2005-097

 

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:

 

Annual Shared Service Charges

                        Data Line/computer supplies                             $4,883.42

 

Purchased From:

 Monmouth County Sheriff’s Office

Freehold, 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/D’Agostino

 

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

                  Nays:         None

               Absent:          C/Gallagher

              Abstain:          None

 

Borough of Englishtown

Resolution No. 2005-098

 

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 $216,249.06 be

and the same are hereby authorized to be paid on May 11, 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/Simon

 

Seconded by:               C/D’Agostino

 

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

                   Nays:        None

                Absent:         C/Gallagher

               Abstain:         None

 

 

Public Portion

 

Mayor Reynolds opened the floor to the public for any items they would like to bring to the attention of the governing body.

 

Joe Palmieri, Queens Way states Marpal fixed the problem with the garbage enclosure however there’s still a problem with the retention basin.

 

Julie Martin, Municipal Clerk states after the last meeting I did request the engineer to take a look and I will call him tomorrow to remind him.

 

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 personnel, and anticipated litigation; and

 

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

 

Offered By:                  C/Soden

 

Seconded By:               C/Simon

 

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

                   Nays:        None

                Absent:         C/Gallagher

               Abstain:         None

 

The time being 8:38 P.M.

 

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

 

The time being 9:18 P.M.

 

Borough of Englishtown

Resolution No. 2005-099

 

Resolution of The Borough of Englishtown Granting

A Leave of Absence To Deputy Municipal Clerk, Lynn Tillman

 

            WHEREAS, Lynn Tillman, Deputy Municipal Clerk of the Borough of Englishtown, has applied for a leave of absence from June 13, 2005 until August 22, 2005; and

 

            WHEREAS, said request is governed by the Leave of Absence Policy pursuant to the Personnel Manual for the Borough of Englishtown; and

 

            WHEREAS, an employee may be granted a personal leave of absence for up to one year at the discretion of the governing body. The leave must include the use of any accrued vacation and sick leave time regardless of the length of leave requested; and

 

            WHEREAS, it is necessary to have a current employee assume additional work and/or responsibility during the personal leave of the Deputy Municipal Clerk.

 

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown that Lynn Tillman is granted a leave of absence from June 13, 2005 to August 22, 2005.

 

BE IT FURTHER RESOLVED that during said leave the employee must use any accrued vacation and sick leave and upon the expiration of all accumulated time shall be unpaid for the balance of the leave.

 

BE IT FURTHER RESOLVED that Christine Robbins, an employee of the town, will receive the sum of $11.00 per hour up to 25 hours per week during the leave of absence of Lynn Tillman. Upon the return of Lynn Tillman, Christine Robbins hourly rate would return to $9.00 per hour.

 

            BE IT FURTHER RESOLVED that a copy of this Resolution be given to Lynn Tillman, Christine Robbins, Julie Martin, Municipal Clerk, and the Chief Financial Officer.

 

Offered By:                  C/Soden

 

Seconded By:               C/Simon

 

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

                Nays:           None

            Abstain:            None

             Absent:            C/Gallagher

 

Adjournment

 

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

 

The time being 9:22 P.M.

 

 

 

__July 13, 2005___________                                          ________________________

Approved by Governing Body                                          Clerk