** AGENDA **

 

November 8, 2006

 

7:30 P.M.

 

Regular Meeting of the Mayor and Council of the Borough of Englishtown, 15 Main Street, Englishtown, New Jersey 07726.

 

1.            Meeting Called to Order and Roll Call

 

2.            Statement of Compliance with Sunshine Law

 

3.            Moment of Silence and Salute to the Flag

 

4.            Committee Reports

 

5.            Correspondence

 

6.            Open Public Portion/Limited to Agenda Items Only

Limited to Five (5) Minutes per citizen to be determined at Borough Council’s discretion.  Any and all situations regarding Borough Personnel, when names are implied or mentioned, are to be brought to the full attention of the Council through an appointment and subsequent disclosure through the Personnel Committee.

 

7.            Old Business:

 

A.         Ordinance No. 2006-20 – Public Hearing & Adoption

Affordable Housing Development Fee Requirements

Section 1.19.21.3

 

B.         Ordinance No. 2006-21 – Public Hearing & Adoption

Adding Chapter 2.133 – “Affordable Housing Regulations”

 

C.           Ordinance No. 2006-23 – Public Hearing & Adoption

Establishing Limits for Employee Salaries

 

D.         Ordinance No. 2006-24 – Public Hearing & Adoption

Amending Borough Code Book Chapter 2.121

Entitled “Vehicles & Traffic”

 

8.                  New Business:

 

A.                 Ordinance No. 2006-25 – First Reading & Introduction

Establishing new Chapter to Borough Code Book entitled “Property Maintenance Code”

 

B.         Resolution No. 2006-180

Authorization of Purchases over $800.

Radios and equipment for new police car

 

C.        Resolution No. 2006-181

Authorization Appropriation Transfer

 

D.         Resolution No. 2006-182

Authorizing Storm Water Grant Agreement

 

E.          Resolution No. 2006-183

Urging Action on Ethics Reform

 

F.          Resolution No. 2006-184

Appointment of Finance Clerk – Jeanne Keevins

 

G.         Resolution No. 2006-185

Appointment of Part time Clerk Typist -

 

            H.         Resolution No. 2006-186

                        Authorizing Payment of Borough Bills

 

I.                    Resolution No. 2006-187

Accepting Resignation of Councilwoman Palmieri

 

9.         Public Portion

Limited to Five (5) Minutes per citizen to be determined at Borough Council’s discretion.  Any and all situations regarding Borough Personnel, when names are implies or mentioned, are to be brought to the full attention of the Council through an appointment and subsequent disclosure through the Personnel Committee.

           

            10.        Executive Session

 

            11.        Adjournment

 

The meeting was called to order by Mayor Reynolds at 7:34 P.M.

 

Roll Call:  Present:            C/Soden, C/Rucker, C/Simon, C/Carr, C/Robilotti

                  Absent:          C/Palmieri

 

Also present were Christine Robbins, Deputy Municipal Clerk, Laurie Finger, Borough Administrator and Stuart J. Moskovitz, Borough Attorney.

 

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

 

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

 

Committee Reports

 

C/Rucker

·        Nothing at this time.

 

C/Robilotti

 

C/Soden

 

C/Carr

 

C/Simon

 

Correspondence

 

Christine Robbins, Deputy Municipal Clerk reports:

·        Received letter dated October 29, 2006 from C/Palmieri resigning her position as Councilwoman for the Borough of Englishtown due to health reasons.

·        Next Council Meeting is scheduled for Monday, November 20th at 7:30 at Borough Hall.

·        Monmouth County Health Department’s Flu Clinic is scheduled for Tuesday, November 28th from 10:00 AM – 11:00 AM at Borough Hall.  Fee is $20.00.

 

 Mayor Reynolds changed the order of the Agenda at this time.

 

Borough of Englishtown

Resolution No. 2006-187

 

RESOLUTION OF THE BOROUGH OF ENGLISHTOWN

ACCEPTING THE RESIGNATION OF COUNCILWOMAN ANNE PALMIERI

 

            WHEREAS, Anne Palmieri served as Councilwoman of the Borough of Englishtown; and

 

            WHEREAS, Anne Palmieri has tendered her resignation to the Mayor and Council of the Borough of Englishtown from the elected position of Councilwoman of the Borough, effective October 31, 2006.

 

            NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown that the resignation of Anne Palmieri from the elected position of Councilwoman of the Borough of Englishtown is hereby accepted by the Borough.

 

BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the following:  Borough Clerk, Borough Auditor, Borough Attorney, and Anne Palmieri.

 

Offered by:            C/Soden

 

Seconded by:        C/Carr

 

Roll Call: Ayes:                        C/Soden, C/Rucker, C/Simon, C/Carr, C/Robilotti,

                Nays:                        None

Abstain:                        None

 Absent:                        C/Palmieri

 

A motion to suspend meeting was offered by C/Carr and seconded by C/Rucker.  Passed unanimously.

 

Mayor Reynolds calls a brief recess so the Republican Committee can submit three names to Council to fill vacant Council seat.

 

The three names submitted to fill the vacant Council seat were Bill Stipple, Joyce Stipple, and Lori Cooke.

 

A motion to appoint Lori Cooke to fill unexpired term as Councilwoman of the Borough of Englishtown was offered by C/Carr and seconded by C/Robilotti.  Passed unanimously.

 

Oath of Office

 

Mayor Reynolds administered the Oath of Office to Councilwoman Lori Cooke.

 

Public Portion – Agenda Items

 

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

 

Tom Koenig, 45 Carriage Lane

·        Opposes Ordinance No. 2006-24.

·        Read first sentence of letter sent out by resident of Carriage Lane stating that the Mayor and Council already approved Ordinance No.2006-24.

·        The Association President may have been approached but the members were not and therefore we were not aware of this Ordinance.

 

Mayor Reynolds responds that at the last meeting signatures were collected and residents were in favor. I will hear what people who are not in favor have to say and take appropriate action.

 

Barry Myers, 44 Carriage Lane

·        Opposes Ordinance No.2006-24

·        Also a member on the board who was not approached.

 

Donna  Boulos, 66 Carriage Lane

·        Concerned that fire trucks cannot get through and there may be loss of life.

 

Mayor Reynolds responds that we had the Chief of Police and the Fire Chief measure and there was enough clearance for the fire trucks to negotiate turns.

 

Josephine Trimini, 47 Carriage Lane

 

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

 

 Old Business

 

BOROUGH OF ENGLISHTOWN

ORDINANCE NO. 2006-20                                PUBLIC HEARING & ADOPTION

 

AN ORDINANCE OF THE BOROUGH OF ENGLISHTOWN ADDING A NEW

SECTION OF CHAPTER 1.19, WHICH CHAPTER IS ENTITLED “UNIFIED

PLANNING/ZONING BOARD; LAND USE PROCEDURES;

ESTABLISHMENT; COMPOSITION, TO BE KNOWN AS SECTION 1.19.21.3,

ENTITLED “AFFORDABLE HOUSING DEVELOPMENT FEE

REQUIREMENTS”

 

            WHEREAS, the Governing Body of the Borough of Englishtown determines that

there exists a need to amend its Land Use Regulations to conform with State Regulations promulgated in connection with the “Third Round” of obligations set forth by the New Jersey Council on Affordable Housing; and

 

            WHEREAS, the Borough of Englishtown wishes to revise its regulations so as to

maximize the amount of money it collects pursuant to State regulations to enable it

to meet its “Third Round” obligations:

 

I.          NOW THEREFORE BE IT ORDAINED by the Borough Council of the Borough of Englishtown that Chapter 1.19, land use regulations, of the Code of the Borough of Englishtown is hereby amended or supplemented as follows: §1.19.21.3 Affordable Housing Development Fees

 

            A. The purpose of this Section is to establish the standards for the collection, maintenance and expenditure of Development Fees pursuant to COAH’s rules. Fees collected pursuant to this article shall be used for the sole purpose of providing low and moderate-income housing. This article shall be interpreted within the framework of COAH’s rules on Development Fees and the statutory enactments related thereto.

 

            B. The Borough Council finds and declares that the creation and preservation of

affordable housing in the Borough serves the public interest. The purpose of this Section is to create in the Borough a trust fund from payment of Development Fees to assist in the marshaling of public and private moneys dedicated to affordable housing projects and programs.

            C. The intent of the Borough through enactment of this Section is to provide revenues with which to fund Regional Contribution Agreements, and/or to construct or rehabilitate housing for low and moderate income families in order for the Borough to meet its legal requirements to provide affordable housing pursuant to the Fair Housing Act and court opinions commonly known as the “Mount Laurel” decisions.

 

             D. Definitions:

           

            AFFORDABLE HOUSING - Any housing unit with an acquisition price or rent level not exceeding the maximum resale or rent level for low and moderate income housing set forth in N.J.A.C. 5:94-7.2, 5:80-22.1, 5:80-26.2, 5:80-26.6, and 5:80-26.12, all as may be modified from time to time and/or supplemented by regulations involving new rounds of COAH obligations.

 

            COAH -The New Jersey Council on Affordable Housing established under the

Fair Housing Act of 1985.

 

            DEVELOPMENT FEES - Money paid by an individual, person, partnership, association, company or corporation for the improvement of property as permitted in COAH rules and regulations.

 

            EQUALIZED ASSESSED VALUE - The value of a property determined by the Borough Tax Assessor through a process designed to ensure that all property in the Borough is assessed at the same assessment ratio or ratios required by law. Estimates at the time of building permit issuance may be determined by he Tax Assessor utilizing estimates for construction cost. Final Equalized Assessed Value will be determined at project completion by the Tax Assessor.

 

            SUBSTANTIVE CERTIFICATION -A determination by COAH approving the Borough’s housing element and fair-share plan in accordance with the provisions of the Fair Housing Act and the rules and criteria as set forth herein.

 

            E. Development Fee Schedule

The following fees are in addition to those set forth in §1.19.21.1 and §1.19.21.2 and

are designed to offset the low and moderate income housing requirements of the Borough:

            1. Residential development.

                        a. Residential Development Fees shall be one per cent (1%) of the higher of the equalized assessed value for residential development, the coverage amount of the Home Owner Warranty document of a for-sale unit, or the appraised value on the document utilized for construction financing for a rental unit, provided no increased density is permitted.

 

                        b. If a “d” variance (a variance granted under the authority of N.J.S.A. 40:55D70d

                        (5)) is granted to permit residential development where no residential

development is permitted or to increase the number of dwelling units on a tract, then the additional residential units realized (above what is permitted by right under the existing zoning) will incur a bonus Development Fee of six percent (6%) rather than the Development Fee of one percent (1%) as measured in accordance with §1.19.23E.1.a. However, if the zoning on a site has changed during the two-year period preceding the filing of the “d” variance application, the base for the purposes of calculating the bonus Development Fee shall be the highest density or number of residential units permitted by right during the two year period.

 

                        c. The Borough may collect fees exceeding those permitted in this Subsection provided the Borough enters into agreements with developers that offer a

financial incentive for paying higher fees. The financial incentive may be in the form of a tax abatement. No agreement may provide for a voluntary Development Fee without also providing for a comparable offsetting incentive. All agreements are subject to COAH approval.

 

2. Nonresidential development.

 

a. Nonresidential Development Fees shall be two per cent (2%) of the higher of the equalized assessed value for nonresidential development, or the appraised value on the document utilized for construction financing, provided no increased floor area is permitted.

 

b. If a “d” variance (a variance granted under the authority of N.J.S.A.

40:55D-70d(4)) is granted to permit an increase in floor area, then the

additional floor area ratio (FAR) realized will incur a bonus Development Fee of six percent ( 6%) rather than the Development Fee of two percent (2%) as measured in accordance with §1.19.23E.2.a. However, if the zoning on a site has changed during the two-year period preceding the filing of the “d” variance application, the base FAR for the purposes of calculating the bonus Development Fee shall be the highest number permitted by right during the two year period.

 

c. The Borough may collect fees exceeding those permitted in this Subsection provided the Borough enters into agreements with developers that offer a financial incentive for paying higher fees. Such agreements may include, but are not limited to, a tax abatement, increased commercial/industrial square footage, increased commercial/industrial lot coverage and/or increased commercial/industrial impervious coverage in return for an increased Development Fee. The Development Fee negotiated must bear a reasonable relationship to the additional commercial/industrial consideration to be received. All agreements are subject to COAH approval.

 

F. Eligible exactions, ineligible exactions and exemptions.

 

1. Development Fees may be collected when an existing structure is expanded or undergoes a more intense use. The Development Fee that may be collected shall be calculated on the increase in the equalized assessed value of the improved structure.

2. The Borough shall not reduce densities from preexisting levels and then

require developers to pay Development Fees in exchange for an increased density.

3. Developments that have received preliminary or final approval prior to the effective date of this Subsection shall be exempt from Development Fees unless the developer seeks a substantial change in the approval; for example, a substantial alteration in site layout, development density or types of use within the development.

 

4. The Borough exempts the following types of development from the imposition

of Development Fees: a. Nonprofit organizations which have received tax exempt status

pursuant to Section 501(c)(3) of the Internal Revenue Code, providing current evidence of that status is submitted to the Borough Administrator, together with a certification that services of the

organization are provided at reduced rates to those who establish an inability to pay existing charges.

 

b. Federal, state, county and local governments.

 

c. Public utilities under the jurisdiction of the New Jersey Board of Public

Utilities to the extent that the construction for which approval is sought is of a facility which shall house equipment only and not to be occupied by any employees.

 

d. Person or entity constructing an inclusionary residential development.

 

e. Person or entity seeking a construction permit for a unit which when it

received subdivision or site plan approval was part of an application for less than three residential units.

 

f. Person or entity seeking a construction permit for a structure which shall be ancillary to and used in connection with a farm.

 

g. Person or entity seeking a construction permit to add to or remodel a residential structure provided the equalized assessed value of the improvement is less than the equalized assessed value of the original structure and further provided that no new dwelling units are created.

 

G. Collection of Development Fees.

 

1. The Borough shall collect 50% of the fee on any specific development prior to

and as a condition of the issuance of the building permit therefor. The remaining portion shall be collected prior to and as a condition of the issuance of the certificate of occupancy. Once the final equalized assessed value of a particular development has been determined by the Tax Assessor, and such final equalized assessed value is greater than the estimated equalized assessed value, the developer shall, within 10 business days from receipt of notification from the Borough, pay to the Borough the difference between the Development Fees required to be paid by the developer once such final equalized assessed value has been determined and the estimated Development Fees actually paid by the developer. In the event that the estimated equalized assessed value proves to have been too high, the Borough shall promptly refund the difference between the estimated Development Fees actually paid by the developer and the Development Fees required to be paid by the developer once such final equalized assessed value has been determined.

 

2. None of the above permits or certificates shall be issued until receipt of the

Development Fee has been certified by the Borough Administrator.

 

H. Housing Trust Fund.

The Borough shall establish an interest-bearing Housing Trust Fund to be held in a bank with which the Borough does financial business for the purpose of receiving Development Fees from residential and nonresidential developers. All Development Fees paid by developers pursuant to this Section 1.19.21.3 shall be deposited in this fund. In establishing the Housing Trust Fund, the Borough shall provide whatever express written authorization that may be required by said bank in order to permit COAH to direct the disbursement of Development Fees pursuant to Subsection L of

this Section 1.19.21.3. No money shall be expended from the Housing Trust Fund unless the expenditure conforms to a spending plan approved by COAH.

 

I. Use of funds.

 

1. The Borough shall use revenues collected from Development Fees for any activity approved by the Borough for addressing the Borough’s fair-share obligation. Such activities include, but are not limited to, rehabilitation, new construction, regional contribution agreements, purchase of land for low and moderate income housing, improvement of land to be used for low and moderate income housing, extension and/or improvements of roads and infrastructure to low and moderate income housing sites, assistance designed to render units to be more affordable and administration of the implementation of the housing element. The expenditures of all money shall conform to a spending plan approved by COAH.

 

2. No more than 20% of the revenues collected from Development Fees shall be

expended on administration costs necessary to develop, revise or implement the housing element, including, but not limited to, salaries and benefits for Borough employees or consultant fees necessary to develop or implement a rehabilitation program, a new construction program, a regional contribution agreement, a housing element, and an affirmative marketing program. Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with COAH’s monitoring requirements. Development Fees shall not be used to defray the costs of existing staff, except that COAH may consider permitting fees to defray the cost of staff whose sole responsibility is to implement the housing element.

 

J. Monitoring.

 

The Borough shall complete and return to the Borough all monitoring forms related to the collection of Development Fees, expenditures of revenues, and implementation of the spending plan certified by COAH. Financial reports and annual program implementation and monitoring reports shall be completed by the Borough on forms designated by COAH.

 

K. Spending plans.

 

The Borough shall submit to COAH, if required for certification, a spending plan for the Development Fees collected pursuant to this Section. Plans to spend Development Fees shall consist of the following information:

1.A projection of revenues anticipated from imposing fees on development, based on historic activity;

 

2. A description of the administrative mechanism that the Borough will use to

collect and distribute revenues;

 

3. A description of the anticipated use of all Development Fees;

 

4. A schedule for the creation or rehabilitation of housing units;

 

5. In the event the Borough envisions being responsible for public sector or

nonprofit construction of housing, a pro forma statement of the anticipated

costs and revenues associated with the development;

 

6. The manner through which the Borough will address any expected or

unexpected shortfall if the anticipated revenues from Development Fees are

not sufficient to implement the plan; and

 

7. Any other information requested by COAH to be included.

 

L. Expending of fees as result of certain occurrences.

 

1. In accordance with N.J.A.C. 5:94-6.16, the Borough's ability to collect fees and

COAH’s approval of an ordinance and spending plan shall be conditioned on

compliance with all requirements of this subsection. Occurrence of the

following may result in COAH taking an action pursuant to Subsection 2. below:

 

a. Failure to meet deadlines for information required by COAH in its review of

a Housing Element and Fair Share Plan, Development Fee ordinance or plan

for spending fees;

 

b. Failure to address COAH's conditions for approval of a plan to spend Development Fees, payments in lieu of constructing affordable units on site and funds from re-sales of units with extinguished controls within the deadlines imposed by COAH;

 

c. Failure to address COAH's conditions for substantive certification within deadlines imposed by COAH;

d. Failure to submit accurate annual monitoring reports pursuant to N.J.A.C. 5:94-6.13(a) within the time limits imposed by COAH;

 

e. Failure to implement the spending plan and expend the funds within the time schedules specified in the spending plan;

 

f. Expenditure of Development Fees, payments in lieu of constructing affordable units on site and funds from the sale of units with extinguished controls on activities not permitted by COAH;

 

g. Revocation of certification; or

 

h. Other good cause demonstrating that the revenues are not being used for

the approved purpose.

 

2. In the event any of the conditions described in subsection 1., above occur, COAH shall be authorized, on behalf of the Borough, to direct the manner in which all funds in the affordable housing trust fund shall be expended. Such revenues shall immediately become available for

expenditure once COAH has notified the Borough Clerk and Chief Financial Officer that such a condition has occurred. In furtherance of the foregoing, the Borough shall, in establishing the trust fund pursuant to N.J.A.C. 5:94-6.11, ensure that the Borough has provided written

authorization, in the form of an escrow agreement, to permit COAH to direct the disbursement of such revenues from the account following the delivery to the bank of the aforementioned written notification provided by COAH to the Borough’s Clerk and Chief Financial Officer.

 

II.        BE IT FURTHER ORDAINED THAT:

 

A. All ordinances or parts of ordinances inconsistent herewith are hereby repealed

to the extent of the inconsistency.

 

B. If any section, subsection, sentence, clause, phrase or portion of this Ordinance

is for any reason held to be invalid or unconstitutional by a court of competent

jurisdiction, such portion shall be deemed a separate, distinct and independent

provision, and such holding shall not affect the validity of the remaining

portions hereof.

 

C. This Ordinance shall take effect upon passage and publication in accordance

with applicable law and filing with the Monmouth County Planning Board. .

 

Public Hearing

 

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

There being no questions or comments, a motion to close the public hearing was offered by C/Carr and seconded by C/Robilotti.  Passed unanimously.

 

Adoption

A motion to adopt Ordinance No. 2006-20, above titled, was offered by C/Soden and seconded by C/Carr.  Passsed on the following roll call:

 

Offered By:                  C/Soden

 

Seconded By:               C/Carr

 

Roll Call: Ayes:             C/Soden, C/Rucker, C/Simon, C/Carr, C/Robilotti, C/Cooke

     Nays:            None

             Abstain:             None

              Absent:             None

 

BOROUGH OF ENGLISHTOWN                 PUBLIC HEARING & ADOPTION

ORDINANCE NO. 2006-21                                           

 

AN ORDINANCE OF THE BOROUGH OF ENGLISHTOWN  ADDING A NEW CHAPTER, CHAPTER 2.49, ENTITLED “AFFORDABLE HOUSING REGULATIONS”

 

WHEREAS, the governing body of the Borough of Englishtown determines that there exists a need to provide for regulation of the Affordable Housing located within the Borough and other Affordable Housing for which the Borough is responsible:

 

Now therefore be it ordained by the Borough Council of the Borough of Englishtown that a new chapter, Chapter 2.49, “Affordable Housing Regulations” of the Code of the Borough of Englishtown is hereby added as follows:

 

2.49.1. Title.

 

This Chapter shall be known and may be cited as the “Affordable Housing Regulations of the Borough of Englishtown.”

 

2.49.2. Intent and purpose.

 

It is the intent and purpose of this Chapter to implement the Housing Plan Element and Fair-share Plan in accordance with Affordable Housing regulations established and, from time to time, amended by the New Jersey Council on Affordable Housing in accordance with the Fair Housing Law, N.J.S.A. 52:27D-301, and New Jersey Council on Affordable Housing (hereinafter “COAH”) Procedural and Substantive Regulations.

 

 

 

2.49.3.  Definitions.

 

All terms used in this Chapter, shall have the meanings established in the regulations promulgated by COAH, unless the context clearly indicates otherwise. The following

terms will have the definitions set forth as follows:

 

AFFORDABLE HOUSING - Any housing unit with an acquisition price or rent level not exceeding the maximum resale or rent level for low and moderate income housing set forth in N.J.A.C. 5:94-7.2, 5:80-22.1, 5:80-26.2, 5:80-26.6, and 5:80-26.12, all as may be modified from time to time and/or supplemented by regulations involving new rounds of COAH obligations.

 

COAH - The New Jersey Council on Affordable Housing established under the Fair Housing Act of 1985.

 

RENTAL UNITS — Units specifically built at the time of construction for the sole purpose of being occupied by tenants and not owners of Affordable Housing units.

 

2.49.4. Affordable Housing requirements.

 

A. Purpose. The purpose of these provisions is to provide a realistic opportunity for the construction of Affordable Housing for households with low and moderate incomes as required by the New Jersey Supreme Court and the Fair Housing Law (N.J.S.A. 52:27D-301).

 

B. Designation of Administrative Authority. For the purposes of administering these Affordable Housing provisions, the Borough Council, or entity designated by the Borough Council shall be the responsible agent of the municipality for the purpose of monitoring the occupancy, resale and rental restrictions of low and moderate income housing units and shall be referred to as the “Authority.” The Authority will have the power to take enforcement action, as authorized by Section 2.49.5 of this Chapter, against any owner or tenant of an Affordable Housing unit for violation of this chapter, the Affordable Housing Plan or the COAH deed restrictions.

 

C. Development Approvals. Development approvals shall provide for Affordable Housing opportunities as set forth herein.

 

            (1) Applicability and exemptions. These requirements shall apply to approvals granted by the Unified Planning/Zoning Board of Adjustment as follows:

 

            (a) All approvals of use variances, site plans, or subdivisions, including extensions and substantial revisions, as provided below in Subsection C(2), shall be made subject to mandatory provision of Affordable Housing except for classes of uses contained in Subsection C(1)(b) below. A substantial revision to a development approval shall, for the purposes of these Affordable Housing regulations, be any revision which increases or decreases the number of residential units or amount of nonresidential floor space by more than 15%.

            (b) Exempted from these provisions shall be approvals for the following classes of development which do not constitute a portion of the state or housing region’s tax ratable wealth:

[1] Utility facilities;

[2] Educational, cultural and outdoor recreational facilities;

[3] Quasi-public uses including churches, clubs, lodges and similar uses;

[4] Public uses; and

[5] Hospital uses.

 

            (c) All final approvals not included in Subsection C(1)(a), or (b) above shall provide for the payment of any required Affordable Housing development fee.

 

            (2) Mandatory provision of Affordable Housing. All development, other than exempted development, shall provide for Affordable Housing through actual construction, through an Affordable Housing development fee or a combination of both. Subsection 95-13.4C(2)(d), below, shall apply to establish the Affordable Housing requirement for any development approved subsequent to the adoption of the Substantive Rules of the New Jersey Council on Affordable Housing for the period beginning on December 20, 2004, and to the adoption by the Borough of this ordinance.

 

            (a) The following provisions shall apply to development approvals to enable the Borough to address the Borough’s third round growth share obligation for Affordable Housing.

 

[1] Any residential development in any zoning district in the Borough of Englishtown proposing nine or more dwelling units shall set aside 11.1% of said units (rounded to the next higher number if 0.5 or greater) for Affordable Housing as said term is defined under FHA and COAH rules and regulations. In the event the number of units constructed is not a multiple of nine and the number of units does not round up, the developer shall pay the Affordable Housing development fee for those units. For example, if a developer constructs 12 units, it must reserve one unit for a low income household and pay the Affordable Housing development fee for three units, as set forth in Chapter 1.19.21.3 of the Code of the Borough of Englishtown. The residential development shall comply with the following:

 

         [a] The developer shall construct the affordable units on site with the market rate units of the residential development. The Borough, in its sole discretion, may approve the construction of affordable units off site, provided that the developer demonstrates, and the Borough determines, that the off-site location is within the Borough and has been planned and zoned for residential development. The developer shall further demonstrate to the satisfaction of the Borough that the off-site location is approvable, suitable and developable for Affordable Housing.

 

         [b] Affordable dwelling units shall be built in accordance with the following schedule:

 

Percentage of Market Rate             Minimum Percentage of

Units Completed            Low and Moderate Income Units Completed           

 

25                                                                                                                                                        0

25 + 1 unit                                                                                                                                10

50                                                                                                                                                        50

75                                                                                                                                                        75

90                                                                                                                                            100

The Affordable Housing units shall be disbursed throughout the inclusionary development to the greatest extent possible and shall be designed to be architecturally indistinguishable from the market rate units to the greatest extent possible. To that end, the scale, massing, roof pitch and architectural detailing (such as selection of exterior materials, windows, doors, etc.) of the buildings containing the Affordable Housing units shall be similar to and compatible with that of the market rate units.

 

[c] Residential development proposing the new construction of eight or fewer residential dwelling units shall satisfy the Affordable Housing requirement by the payment of the Affordable Housing development fee set forth in Chapter 1.19.21.3 of the Code of the Borough of Englishtown.

 

[2] Nonresidential development located within a zone that permits the development of residential uses and that creates 25 jobs or more shall provide one non age-restricted affordable residential unit on site for every 25 jobs projected to be created by the development. The calculation of the number of jobs and employment opportunities shall be in accordance with Appendix E to N.J.A.C. 5:94-1 et seq. entitled “UCC Use Groups for Projecting and Implementing Nonresidential Components of Growth Share.” If the calculation for the number of jobs results in a fraction of an affordable unit, then the number of units required will be rounded up to the next higher number, if the fraction is 0.5 or greater. If the fraction is less than 0.5, then the development shall be subject to a development fee that will be calculated based upon the proportion of building floor area generating the fractional unit. The Borough, in its sole discretion, may approve the construction of the affordable units off site, provided that the developer demonstrates, and the Borough determines, that the off-site location is located within the Boroughand has been planned and zoned for the residential development. The developer shall further demonstrate to the satisfaction of the municipal agency that the off-site location is approvable, suitable and developable for Affordable Housing.

 

[3] Nonresidential development located within a zone that does not permit residential development shall satisfy its Affordable Housing obligation by the payment of the Affordable Housing development fee set forth in Chapter 1.19.21.3 of the Code of the Borough of Englishtown.

 

[4] Nonresidential development generating less than 25 jobs shall satisfy its Affordable Housing obligation by the payment of the Affordable Housing development fee set forth in Chapter 1.19.21.3 of the Code of the Borough of Englishtown.

 

[5] The applicant for approval of a residential or nonresidential development shall present the planned method of Affordable Housing compliance to the municipal agency at the time of application filing. The plan submitted by the applicant for Affordable Housing compliance shall be based upon the full build out of the property for residential and/or nonresidential development.

 

[6] Full and complete satisfaction and compliance with the Affordable Housing requirements of the Borough shall be a specific, automatic, essential and nonseverable condition of all approvals and any extension of approval. Pursuant to this condition, the applicant must demonstrate that it has satisfied the Affordable Housing requirement prior to obtaining the first building permit, and compliance with the Affordable Housing requirement shall be a continuing condition of all approvals for development.

 

[7] The affordable unit(s) to be produced shall be available to a low-income individual or household should only one affordable unit be required. Thereafter, the units shall be split evenly between low and moderate income individuals and households except in the event of an odd number, in which event the unit shall be a low-income unit. Pursuant to N.J.A.C. 5:94, et seq. and N.J.A.C. 5:80-26 et seq., all affordable units shall comply with COAH’s rules and policies, including, but not limited to, phasing, bedroom distribution, controls on affordability, range of affordability, affirmative marketing, income qualification, etc. It shall be the developer’s responsibility, at its cost and expense, to arrange for the administering authority approved by COAH and designated by the Borough to ensure full  COAH compliance and file such certifications, reports and/or monitoring forms as may be required to verify COAH compliance for each affordable unit.

 

[8] As to residential developers, nothing herein shall affect the Borough’s ability to generate more Affordable Housing than the one affordable residential unit for eight market rate residential units standard set forth above in the event that the developer secures a density bonus or other compensatory benefit through a zoning change or through a use variance.

 

[9] As to nonresidential developers, nothing herein shall affect the Borough’s ability to generate more Affordable Housing than the one affordable residential unit for every 25 jobs standard set forth above in the event that the developer secures an increased floor area ratio or other compensatory benefit through a zoning change or through a use variance.

 

            (3) Requirements for Affordable Housing. Developments which include affordable housing units shall be subject to the following provisions:

 

(a) Low income housing. Low income housing shall be affordable, according to  Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs, and occupied or reserved for occupancy by households with a gross household income equal to 50% or less of the median gross household income for households of the same size within the housing region in which the housing is located, and subject to affordability controls.

 

(b) Moderate income housing. Moderate income housing shall be affordable, according to Federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs, and occupied or reserved for occupancy by households with a gross household income in excess of 50% but less than 80% of the median gross household income for households of the same size within the housing region in which the housing is located, and subject to affordability controls.

 

(c) Age restriction. The sales and rentals of Affordable Housing units constructed within the Borough may be age-restricted to senior citizens age 62 or older as defined by and in accordance with the Federal Fair Housing Act and N.J.A.C. 5:93-5.1 and regulated by N.J.A.C. 5:93-5.12, provided that no more than the maximum number permitted by N.J.A.C. 5:93-5.12 of the total affordable housing units constructed within the Borough shall be age-restricted. A request to age restrict housing units may only be granted after the Unified Planning/Zoning Board of Adjustment has received the consent of the Borough Council. In designing its project, the applicant may propose constructing the senior citizen restricted affordable units in the same building or buildings in order to maximize the potential of preserving a more tranquil lifestyle for the senior citizen residents; and to the foregoing extent, the requirement of integration of the affordable units with conventional units is modified.

 

(d) Fees. Developers of housing units for low and moderate income households shall be subject to fees set forth by the Authority for the initial sales of affordable 75 units.

 

(e) Bedroom distribution.

 

[1] The following bedroom distribution shall apply to the total number of affordable units in each development providing Affordable Housing units:

 

[a] The combination of efficiency and one-bedroom units is at least 10% and no greater than 20% of the total low  and moderate income units.

 

[b] At least 30% of all low and moderate income units are two-bedroom units; and

 

[c] At least 20% of all low and moderate income units are three-bedroom units.

 

[2] In the event COAH’s Rules shall provide for a bedroom mix different than the foregoing, the requirements of COAH shall control and the foregoing shall be deemed modified for all projects which have not received final site plan or subdivision approval.

 

(f) Location and design. Low and moderate income inclusionary housing shall be designed in accordance with the following provisions:

 

[1] The low and moderate income housing units shall be sited on the tract in locations at least as accessible to common open space and community facilities as market-priced dwelling units. Rental units may be concentrated for ownership and management unit reasons.

 

[2] The exterior design of the low and moderate income housing units shall be harmonious in scale, texture, and materials with the market priced units on the tract.

 

[3] Inclusionary developments shall be designed to integrate the low and moderate income units with the market units.

 

(g) Deed restrictions. Developers of housing units for low and moderate income households shall enter into a written agreement, binding on all successors-in-interest, in accordance with N.J.A.C. 5:93-9.3 et seq., Resale/Rental Control, at the time of sale, resale, rental or rerental regardless of the availability of federal, state, county or Borough subsidy programs.

 

(h) Low and moderate income units shall utilize the same heating source as market units within inclusionary developments.

 

D. Certificates of Occupancy. Certificates of occupancy for developments which include Affordable Housing units shall be subject to the following additional provisions:

 

            (1) Phasing of affordable units. Affordable Housing units shall be built, occupied and receive certificates of occupancy in accordance with the following schedule:

 

Percentage of Low                                     Percentage of

and Moderate Income                                      Market Housing

Units Completed                                     Units Completed

 

0                                                                                                                                              25

10                                                                                                                                            25 + 1 unit

50                                                                                                                                            50

75                                                                                                                                            75

100                                                                                                                                          90

——

100

            (2) No initial occupancy of a low or moderate income housing sales unit shall be permitted prior to issuance of a certificate of occupancy, and no certificate of occupancy for initial occupancy of a low or moderate income housing sales unit shall issue unless there is a written determination by the Authority that the unit is to be controlled by a deed restriction and mortgage lien as adopted by COAH.

 

            (3) A certificate of reoccupancy for any occupancy of a low or moderate income housing sales unit resulting from a resale shall be required, and the Borough shall not issue such certificate unless there is a written determination by the Authority that the unit is to be controlled by the deed restriction and mortgage lien required by COAH.

            (4) The certificate of reoccupancy shall not be required where there is a written determination by the Authority that controls are allowed to expire or in that the repayment option is being exercised pursuant to N.J.A.C. 5:93-9.4.

 

E. Resale/rerental Controls. A developer of an affordable inclusionary housing development shall incorporate deed restrictions on all dwelling units sold or rented as units affordable to low and moderate income households pursuant to N.J.A.C. 5:93-9.2, Council on Affordable Housing Substantive Rules. Affordability controls shall remain in force for a period not less than 30 years unless a longer period is required in accordance with N.J.A.C. 5:93-9.2, shall run with the land and shall place limitations upon the resale/rerental of affordable units in accordance with N.J.A.C. 5:93-9.4 through 5:93-9.16 and by means of any deed restrictions and/or lien documents promulgated by COAH.

 

            (1) Exempt sales. Sales exempted from resale/rerental controls shall include the transfer of ownership between husband and wife; the transfer of ownership between former spouses ordered as a result of a judicial decree of divorce or judicial separation, but not including sales to third parties; the transfer of ownership between family members as a result of inheritance; the transfer of ownership through an executor’s deed to a Class A beneficiary; and the transfer of ownership by court order.

 

            (2) Nonexempt sales or rentals. Owners of affordable units intending to sell or rent their units prior to the expiration of deed restrictions shall comply with the following procedure:

 

(a) Prior to reselling or renting a low or moderate income unit, the owner of an Affordable Housing unit shall provide written proof to the Authority that the resale or rental has been approved by the Authority.

 

(b) Unless otherwise exempt pursuant to this chapter, the owner of an affordable housing unit shall only resell or rent a low or moderate income unit to a qualified purchaser or tenant as determined by the Authority or the authorized state agency.

 

(c) Unless otherwise exempt pursuant to this chapter, the owner of an affordable housing unit shall be responsible for guaranteeing that the necessary documents are executed and filed at the closing of title or rental of a low or moderate income unit to assure that the unit remains affordable to and occupied by low or moderate income households. Copies of all such documents shall also be provided to the Authority no later than 60 days after the date of closing.

           

(d) An owner of an Affordable Housing unit shall not permit the occupation of its unit in violation of the COAH regulations, this chapter or the Borough’s Affordable Housing Plan.

 

(e) An owner of an affordable unit shall be subject to fees set forth by the Authority for the monitoring and transfers of affordable units.

 

            (3) Deed restrictions, notice of sale. All deed restrictions governing low and moderate income housing units shall require the owner to notify the Authority and COAH by certified mail of any intent to sell the unit at least 90 days prior to entering into an agreement for the first nonexempt sale after controls have been in effect on the housing unit for the period specified in N.J.A.C. 5:93-9.2.

 

            (4) Deed restrictions, sales options. The deed restrictions governing the deeds of low and moderate income housing units shall include an option permitting purchase of the Affordable Housing unit at the maximum allowable restricted sales price at the time of the first nonexempt sale after controls on affordability have been in effect on the unit for the period specified in N.J.A.C. 5:93-9.2. The option to buy shall be first available to the Borough, then the New Jersey Department of Community Affairs, Housing and Mortgage Finance Agency, or a qualified nonprofit agency as determined by COAH.

 

            5) Options. Rights shall be held and exercised in accordance with the following provisions.

 

(a) Upon receipt of notice, the option to buy the unit at the maximum allowable restricted sales price shall be available for 90 days. The Authority shall first notify the Borough, then the New Jersey Department of Community Affairs, Housing and Mortgage Finance Agency, and COAH that the unit is for sale. If the Borough exercises this option, it may enter into a contract of sale. If the Borough fails to exercise this option within 90 days, the first of the other entities giving notice to the seller of its intent to purchase during the ninety-day period shall be entitled to purchase the unit. If the option to purchase the unit at the maximum allowable restricted sales price is not exercised by a written offer to purchase the housing unit within 90 days of receipt of the intent to sell, the owner may proceed to sell the housing unit (pursuant to N.J.A.C.5-93-9.8). If the owner does not sell the unit within one year of the date of the delivery of notice of intent to sell, the option to buy the unit shall be restored, and the owner shall be required to submit a new notice of intent to sell at least 90 days prior to any future proposed date of sale.

 

(b) Any option to buy a housing unit at the maximum allowable restricted sales price shall be exercised by certified mail and shall be deemed exercised upon mailing.

 

(c) An eligible seller of a low  or moderate income unit which has been controlled for the period established in N.J.A.C. 5:93-9.2, and who has provided notice of an intent to sell may proceed with the sale if no eligible entity as outlined in N.J.A.C. 5:93-9.4(c) and 9.7 exercises its option to purchase within 90 days. Subject to N.J.A.C. 5:93-9.9, the seller may elect the affordable resale option or the repayment option.

 

[1] Affordable resale option. The seller may sell to a qualified low and moderate income household at the maximum allowable restricted sales price in accordance with existing COAH regulations, provided that the unit is regulated by the deed restriction and lien adopted by COAH for a period of up to 20 years.

 

[2] Repayment option. Provided that the Borough has not suspended the repayment option, the seller may sell to any purchaser at market price, provided that 95% of the price differential is paid to the Authority, as an instrument of the Borough, at closing. Such sale shall be approved by the Authority.

 

                        (d) Municipal option. The Borough of Englishtown may elect to purchase a low or moderate income unit provided for in N.J.A.C. 5:93-9.4, and may:

 

            [1] Convey or rent the housing unit to a low or moderate income household purchaser or tenant at a price or rent not to exceed the maximum allowable restricted sales price or rental, provided that the unit is controlled by a deed restriction in accordance with Technical Appendix E of N.J.A.C. 5:93-1 et seq. or an alternative approved by COAH; or

 

            [2] Convey the unit at fair market value subject to the provisions of the following subsection.

 

            [3] Upon purchase, the Borough may maintain the unit as an Affordable Housing unit or convey it at fair market value in accordance with the following:

 

                  [a] Notify COAH of any proposed sale and sales prices 90 days before closing;

 

                  [b] Notify COAH of the price differential as defined in COAH regulations; and

 

                  [c] Deposit the price differential in the Borough Affordable Housing Trust Fund.

 

            (e) State option. When the Department of Community Affairs or Housing and Mortgage Finance Agency elects to purchase a low or moderate income unit pursuant to N.J.A.C. 5:93-9.4, it may:

 

            [1] Convey or rent the housing unit to a low or moderate income household purchaser or tenant at a price or rent not to exceed the allowable restricted sales price or rental; or

 

            [2] Convey the unit at fair market value and utilize the price differential to subsidize the construction, rehabilitation or maintenance of low and moderate income housing within the housing region.

 

            (f) Nonprofit option. Nonprofit agencies may apply to COAH at any time for the right to purchase low or moderate income housing units subsequent to the period of controls on affordability, provided that the unit remains controlled by a deed restriction in accordance with Technical Appendix E in N.J.A.C. 5:93-1 et seq., or an alternative approved by COAH. Nonprofit agencies that have been designated by COAH shall be eligible to purchase low or moderate income housing units pursuant to N.J.A.C. 5:93-9.4 for the sole purpose of conveying or renting the housing unit to a low or moderate income household purchaser or tenant at a price or rent not to exceed the allowable restricted sales price or rental. Low income housing units shall be made available to low income household purchasers or tenants and the housing unit shall be regulated by the deed restriction and lien adopted by COAH. The terms and length of the controls on affordability shall be the same as those required by N.J.A.C. 5:93-9.2.

 

F. Administration. The Affordable Housing regulations shall be administered in accordance with the following provisions.

 

            (1) Determination of affordable price/rent. The affordability of a low  or moderate income unit shall be a function of the rent or sales price which shall be established so as to ensure that occupants do not pay a sum of shelter costs greater than 30% of gross annual income for rental units or 28% of gross annual income for sales units in accordance with COAH regulations as follows:

 

                  (a) Shelter costs for rental units shall include gross rent, including an allowance for utilities. The allowance for utilities shall be consistent with the utility allowance observed for HUD use in New Jersey;

 

                  (b) Shelter costs for sales units shall include principal, interest, taxes, condominium fees and insurance. The master deeds of inclusionary developments shall provide that condominium or homeowner association fees or special assessments for low and moderate income purchasers shall be 100% of the fees paid by market purchasers and that once established within the master deed, the percentage shall not be amended without prior approval of COAH.

 

                  (c) Sales costs of a unit shall be based on a presumed five-percent down payment;

 

                  (d) Rental and sales costs shall be fixed for a unit depending on bedroom number calculated on the following basis as to household size:

 

            [1] Efficiency units. Efficiency units shall be affordable to one person households.

 

            [2] One bedroom. One bedroom units shall be affordable to 1.5 person households.

 

            [3] Two bedrooms. Two bedroom units shall be affordable to three person households.

 

            [4] Three bedrooms. Three bedroom units shall be affordable to 4.5 person households. One half of all three bedroom units shall be affordable to four person households and one half of all three bedroom units shall be affordable to five person households.

 

 

(e) In the case of owner occupied housing rehabilitation assistance, affordability  shall be based on unit occupancy by a low or moderate income household.

 

            (2) Pricing distribution of housing units. The maximum average rent and price of low and moderate income housing units shall be, affordable to households earning 57.5% of median income as contained in N.J.A.C. 5:93-7.4, establishing rents and prices of units.

 

            (3) Affordability for sales units. Moderate income sales units are available for at least three different prices and low income sales units are available for at least two different prices.

            (4) Determination of sales values. Values of sales units shall be determined in accordance with the following provisions:

 

                  (a) Fair market value. Fair market value shall be established on the basis of the unrestricted price of a low or moderate income housing unit if sold at a current real estate market rate.

 

                  (b) Maximum allowable restricted sales price. The maximum allowable restricted sales price shall be determined in accordance with COAH regulations at the date of a proposed contract of sale.

 

                  (c) Price differential. Price differential shall be established as the difference between the maximum allowable restricted sales price and the fair market value, as determined at the date of a proposed contract of sale, after deducting reasonable real estate broker fees.

 

            (5) Approval required to exercise repayment option. If the sale will be to a qualified low and moderate income household, the Authority shall certify the income qualifications of the purchaser and shall ensure the housing unit is regulated by the restrictive covenant and lien required by COAH.

 

                  (a) The Authority shall examine any contract of sale containing a repayment option to determine if the proposed sales price bears a reasonable relationship to the housing unit’s fair market value. In making this determination, the Authority may rely on comparable sales data or an appraisal. The Authority shall not approve any contract of sale where there is a determination that the sales price does not bear a reasonable relationship to fair market value. The Authority shall make a determination within 20 days of receipt of the contract of sale and shall calculate the repayment option payment.

 

                  (b) The Authority shall adopt an appeal procedure by which a seller may submit written documentation requesting the Authority to:

 

            [1] Recompute the repayment obligation if the seller believes an error has been made; or

 

            [2] Reconsider a determination that a sales price does not bear a reasonable relationship to fair market value. A repayment obligation determination made as a result of an owner’s appeal shall be a final administrative determination of the Authority.

 

                  (c) The repayment shall occur at the date of closing and transfer of title for the first nonexempt transaction after the expiration of controls on affordability.

 

                  (d) Repayment proceeds shall be deposited in the Englishtown Borough Affordable Housing Trust Fund. Money deposited in the Englishtown Borough Affordable Housing Trust Fund trust account from such sale may not be expended until Englishtown Borough submits and COAH approves a repayment housing plan. COAH may approve the repayment housing plan if it determines that it provides a realistic opportunity for the creation, rehabilitation or maintenance of low  and moderate income housing.

 

            (6) Borough rejection of repayment option. Englishtown Borough shall have the right to determine that the most desirable means of promoting an adequate supply of low and moderate income housing is to prohibit the exercise of the repayment option and maintain controls on lower income housing units sold within the Borough beyond the period required by N.J.A.C. 5:93-9.2. Such determination shall be made by resolution of the Borough Committee and shall be effective upon filing with COAH and the Authority. The resolution shall specify the time period for which the repayment option shall not be applicable. During such period, no seller in Englishtown Borough may utilize the repayment option permitted by N.J.A.C. 5:93-9.8. If the Borough exercises the rejection of repayment option outlined above, it shall:

 

(a) Provide public notice in a newspaper of general circulation; and

 

(b) Notify the Authority and COAH of the Borough Committee’s action.

 

The Authority shall ensure that the deed restriction on all affected housing units

reflects the extended period of controls.

 

            (7) Continued application of options to create, rehabilitate or maintain low and

moderate income housing units. When a housing unit has been maintained as a lowor

moderate income unit after controls have been in effect for the period specified in N.J.A.C. 5:93-9.2, the deed restriction governing the housing units shall allow the Borough, the state, nonprofit agencies and sellers of low and moderate income housing units to again exercise all the same options as provided in this section.

 

            (8) Affirmative marketing plan. Englishtown Borough shall provide for the marketing of all low and moderate income housing units developed pursuant to the provisions of this section in accordance with the provisions described below:

 

 

                  (a) The affirmative marketing plan. These requirements for an affirmative marketing plan apply to all developments that contain low and moderate income dwelling units. The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of sex, age or number of children, to housing units which are being marketed by a developer/sponsor, municipality and/or designated administrative agency of Affordable Housing. The plan will address the requirements of N.J.A.C. 5:93-11. In addition, the plan prohibits discrimination in the sale, rental, financing or other services related to housing on the basis of race, color, sex, religion, handicap, age, familial status/size or national origin. The Borough of Englishtown is in the housing region consisting of Monmouth, Ocean and Mercer Counties. The affirmative marketing program is a continuing program and will meet the following requirements:

 

            [1] All newspaper articles, announcements and requests for applications for low and moderate income units will appear in the Asbury Park Press.

 

            [2] The primary marketing will take the form of at least one press release and a paid advertisement sent to the Asbury Park Press. Additional advertising and publicity will be on an as-needed basis. The cost of all advertising for low and moderate  income units shall be the developer’s responsibility and this requirement shall be a condition of the Borough Planning Board’s approval.

 

            [3] The advertisement will include a description of the:

 

            [a] Street address of units;

            [b] Direction to housing units;

            [c] Number of bedrooms per units;           

            [d] Range of prices/rents;

            [e] Size of units;

            [f] Income information; and

                  [g] Location of applications including business hours and where/how applications may be obtained.

 

            [4] All newspaper articles, announcements and requests for applications for low and moderate income housing will appear in the following neighborhood oriented weekly newspapers, religious publications and organizational newsletters within the region:

 

            [a] News Transcript.

            [b] Forked River Gazette (Ocean).

            [c] Messenger Press (Mercer).

 

            [5] The following regional radio and/or cable television station(s) will be used:

            [a] WJLK (Monmouth and Ocean).

            [b] Comcast Cable channel 34 (Monmouth).

            [c] WHWH (AM) (Mercer).

 

            [6] The following is the location of applications, brochure(s), sign(s) and/or poster(s) used as part of the affirmative marketing program including specific employment centers within the region:

 

            [a] Englishtown Borough Administration Building.

            [b] Monmouth, Ocean, and Mercer County libraries.

            [c] Developer’s sales office.

            [d] CentraState Medical Center, Freehold Borough.

            [e] County of Monmouth, Borough of Freehold.

            [f] Freehold Regional High School District, Englishtown.

 

            [7] The following is a listing of community contact person(s) and/or organization(s) in Monmouth, Ocean and Mercer counties that will aid in the affirmative marketing program with particular emphasis on contacts that will reach out to groups that are least likely to apply for housing within the region:

 

            [a] Monmouth Housing Alliance.

            [b] Homes For All.

            [c] Monmouth County Community Development Program.

 

            [8] Quarterly flyers and applications will be sent to each of the following agencies in their journals and for circulation among their members:

                  [a] Board of Realtors in Monmouth, Ocean and Mercer counties.

                  [b] Applications will be mailed to prospective applicants upon request.

 

            [9] Additionally, quarterly informational circulars and applications will be sent to the chief administrative employee of each of the following agencies in the counties of Monmouth, Ocean and Mercer counties:

[a] Homes for All (Ocean).

[b] Rental Assistance Office (local office of DCA).

[c] Office on Aging.

[d] Housing Agency or Authority.

[e] County Library of Monmouth, Ocean and Mercer.

[f] Monmouth Housing Alliance.

[g] Lutheran Social Ministries of New Jersey (Mercer).

 

            [10] The Authority will administer the affirmative marketing program on behalf of the Borough of Englishtown. The Authority has the responsibility to income qualify low and moderate income households; to place income eligible households in low and moderate income units upon initial occupancy; to provide for the initial occupancy of low and moderate income units with income qualified households; to continue to qualify households for reoccupancy of units as they become vacant during the period of affordability controls; to assist with advertising and outreach to low and moderate income households; and to enforce the terms of the deed restriction and mortgage loan as per N.J.A.C. 5:93-9.1. The Borough Administrator or his/her designee within Englishtown Borough is the designated housing officer to act as liaison the Authority. The Authority will provide counseling services to low and moderate income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements and landlord/tenant law.

 

            [11] Residency preference.

 

            [a] Households who live or work in the Monmouth, Mercer and Ocean housing region may be given preference for sales and rental units constructed within that housing region. Applicants living outside the housing region will have an equal opportunity for units after regional applicants have been initially serviced. The Borough of Englishtown intends to comply with N.J.A.C. 5:93-11.7.

 

            [b] The Borough may provide an occupancy preference for low and moderate income housing units created within the Borough that responds to the Borough’s rehabilitation component, if applicable and approved by COAH.

 

            [12] All developers of low and moderate income housing units are responsible for and will be required to assist in the marketing of the affordable units in their respective developments in conformance with this Subsection F(8).

 

            [13] The marketing program will commence at least 120 days before the issuance of either temporary or permanent certificates of occupancy. The marketing program will continue until all low  and moderate income housing units are initially occupied and for as long as affordable units are deed restricted and occupancy or reoccupancy of units continues to be necessary.

 

            [14] The Authority, on behalf of the Borough, will comply with monitoring and reporting requirements as per N.J.A.C. 5:93-11.6 and 5:93-12.1 and Subsection [10] above of these regulations.

 

            (b) Marketing for initial sales and/or rent up; composition of marketing pool.

 

            [1] Households that apply for low and moderate income housing shall be screened for preliminary income eligibility by comparing their total income to the low and moderate income limits adopted by COAH. Applicants shall be notified as to their eligibility status.

 

            [2] Having screened applicants for preliminary income eligibility, the Authority may analyze the income and household sizes of applicants to determine which applicants have the assets and/or income necessary to purchase or rent each available low or moderate income unit.

 

            [3] The Authority shall interview each applicant and utilize the procedures outlined in N.J.A.C. 5:93-9.1 to verify the applicant’s income and household size; determine the applicant’s asset availability; and review the applicant’s credit history. Applicants shall be required to submit income verification for each household member 18 years or older. This process shall be utilized in establishing the final certified applicant group.

 

            [4] The process described in Subsections [1] through [3] above may begin no sooner than one month after the advertising program outlined in N.J.A.C. 5:93-11.3 begins. Households shall be selected to proceed through the process described in Subsections [1] through [3] above through a method of random selection. Households shall be certified for low and moderate income units using the procedures outlined in N.J.A.C. 5:93-9.1. The process described in Subsections [1] through [3] shall be continued until all the low and moderate income units are occupied.

            (c) Continuing marketing activities.

 

            [1] The types of activities to be undertaken after the completion of initial occupancy of sales and rental units in order to fill vacancies resulting from normal turnover shall include:

 

            [a] Ensuring a sufficient supply of income eligible applicants by continuing to implement the marketing plan throughout the housing region, as outlined in N.J.A.C. 5:93-11.3. At a minimum, the Borough shall maintain a current pool of at least five income eligible applicants for each low and moderate income unit.

 

            [b] Contacting each income eligible applicant annually to request updated information regarding income and family size.

 

            [2] As units become available, the Authority shall select eligible applicants for the units, as described in N.J.A.C. 5:93-11.4 (b) through (d) until the units are occupied by low and moderate income households.

 

            (d) Monitoring and reporting requirements.

 

            [1] The Borough shall collect information on each applicant for low and moderate income housing on forms approved by COAH. Such report shall include:

 

            [a] Monitoring forms approved by COAH.

            [b] An evaluation of the income and demographic characteristics of each applicant of low and moderate income housing, as well as the occupants of the units; and

 

            [c] An evaluation of any necessary adjustments in the affirmative marketing program as a result of the evaluation in Subsections (e)[1] above.

 

            [2] The Borough shall evaluate the results of their affirmative marketing activities and file a report with COAH by August 30 of each year.

 

            [3] COAH shall review and assess the effectiveness of the Borough’s affirmative marketing program. If it is deemed that the affirmative marketing program is not effective, the Borough shall be required to amend the program.

 

            (9) General provisions concerning new construction of sales units. In developing its Housing Plan Element, COAH requires that Englishtown Borough shall adopt measures to assure that low and moderate income housing units remain affordable to low and moderate income households for a period of not less than 20 years. The Authority shall do so by requiring all conveyances of low and moderate income housing units subject to this section to contain the restrictive covenant and mortgage lien adopted by COAH.

 

            (10) General provisions concerning enforcement through certificates of occupancy or reoccupancy of sales units.

 

A. The Authority shall issue written determinations for the purpose of issuing certificates of occupancy for initial occupancy or certificates of reoccupancy for low or moderate income housing sales units where the Authority finds that the unit is to be controlled by a deed restriction and mortgage lien as adopted by COAH. The Authority shall make such determination within 10 days of receipt of a proposed deed restriction and mortgage lien. Amendments to the deed  restriction and lien shall be permitted only if they have been approved by COAH. A request for an amendment to the deed restriction and lien may be made by the Authority, the Borough or a developer.

 

B. The Authority shall not permit the initial occupancy of a low or moderate income sales unit prior to issuance of certificate of occupancy in accordance with Subsection (10)(a) above.

 

C.  The Authority shall issue written determinations for the purpose of issuing certificates of reoccupancy for low or moderate income housing sales units where the authority finds that the unit is to be controlled by a deed restriction and mortgage lien as adopted by COAH. Purchasers of low and moderate income housing sales units shall execute the deed restriction and mortgage lien prior to issuance of a certificate of occupancy regardless of whether the sellers had executed the deed restriction and mortgage lien adopted by COAH upon acquisition of the property. The Authority shall make such determination within 10 days of receipt of a proposed deed restriction and mortgage lien.

 

D. The Authority shall issue written determinations for the purpose of issuing certificates of reoccupancy for low and moderate income housing sales units where the authority finds that the unit is to be sold and controls are allowed to expire or in which the repayment option is being exercised pursuant to N.J.A.C. 5:93-9.4.

 

E. The mortgage lien and the deed restriction shall be filed with the Clerk of Monmouth County. The lien and deed restriction shall be adopted by COAH unless amendments have been approved by COAH.

 

 F. The deed restriction, including the repayment clause, and the mortgage lien shall have priority over all mortgages on the property except for a first mortgage placed on the property by the mortgagee prior to the expiration of resale controls.

 

G. All owners and tenants of affordable units within the Borough of Englishtown shall provide documentation to the Authority on a yearly basis commencing one year after the date of purchase or rental of the affordable unit that the following payments on the unit, as applicable, are current: first purchase money mortgages, municipal property taxes, public utilities, condominium, homeowner’s or cooperative association fees and all rent payments. Owners and tenants of affordable units who fail to provide said documentation within 60 days of their yearly purchase or rental anniversary date shall be subject to the fines specified in Section 2.49.5A(1) of this Chapter.

 

H. In the event of a foreclosure on an affordable unit, the enforcement of a lien against an affordable unit or in the event that any of the following payments, as applicable, are not current, owners and tenants of affordable units within the Borough of Englishtown shall immediately notify the Authority: first purchase money mortgages, municipal property taxes, public utilities, condominium, homeowner’s or cooperative association fees and all rent payments.

 

2.49.5. Procedure and Penalties in the Event of  Violations.

 

After providing written notice of a violation of this Chapter and/or the Affordable Housing Plan to an owner of a low and moderate income unit and advising the owner of the penalties for such violations, the Authority may take the following action against the owner of an affordable housing unit for any violation that remains unsatisfied for a period of 60 days after service of the written notice:

 

A. The Authority may file a court action or seek penalties pursuant to N.J.S.A. 2A:58-11 alleging a violation or violations of this chapter and/or the Affordable Housing Plan with the exception of the penalties set forth in Section 2.49.4G above. If the owner is found by the court to have violated any provision of this Chapter and/or the Affordable Housing Plan, he or she shall be subject to one or more of the following penalties, at the discretion of the court:

 

            (1) A fine of not more than $1,250 or imprisonment for a period not to exceed 90 days, or both. Each and every day that the violation continues or exists shall be considered a separate and specific violation of these provisions and not as a continuing offense;

 

            (2) In the case of an owner who has resold his or her low and moderate income unit in violation of this Chapter and/or the Affordable Housing Plan, payment into Borough of Englishtown Affordable Housing Trust Fund of an amount equal to the difference between the unauthorized resale price and the maximum resale price allowed by this Chapter, plus interest from the date of sale provided by the Rules of Court as well as reimbursement of the Authority’s attorney’s fees;

 

            (3) In the case of an owner who has rented his or her low and moderate income unit in violation of this Chapter and/or the Affordable Housing Plan, payment into the Borough of Englishtown Affordable Housing Trust Fund of an amount equal to the difference between the unauthorized rental charge and the maximum rental charge allowed by this Chapter, plus interest provided by the Rules of Court from the date of violation; or

 

            (4) In the case of an owner who has rented his or her low and moderate income unit in violation of this Chapter and/or the Affordable Housing Plan, payment of an innocent tenant’s reasonable relocation costs, as determined by the court.

 

B. The Authority may file a court action in the Superior Court seeking a judgment which would result in the termination of the owner’s equity or other interest in the unit, in the nature of a mortgage foreclosure. Any judgment shall be enforceable as if the same were a judgment of default of the first purchase money mortgage and shall constitute a lien against the low and moderate income unit.

 

            (1) Such judgment shall be enforceable, at the option of the Authority, by means of an execution sale by the Sheriff, at which time the low and moderate income unit of the violating owner shall be sold at a sale price which is not less than the amount necessary to fully satisfy and pay off any first purchase money mortgage and prior liens and the costs of the enforcement proceedings incurred by the Authority,

including attorney’s fees. Any additional liens on the unit will be subordinate to the

Authority’s costs and rights regarding the property. The violating owner shall have his right to possession terminated as well as his title conveyed pursuant to the Sheriff’s sale.

 

            (2) The proceeds of the Sheriff’s sale shall first be applied to satisfy the first purchase money mortgage lien and any prior liens upon the low and moderate income unit. The excess, if any, shall be applied to reimburse the Authority for any and all costs and expenses incurred in connection with either the court action resulting in the judgment of violation or the Sheriff’s sale. In the event that the proceeds from the Sheriff’s sale are insufficient to reimburse the Agency in full as aforesaid, the violating owner shall be personally responsible for and to the extent of such deficiency, in addition to any and all costs incurred by the Authority in connection with collecting such deficiency. In the event that a surplus remains after satisfying all of the above, such surplus, if any, shall be placed in escrow by the Authority for the owner and shall be held in such escrow for a maximum period of two years or until such earlier time as the owner shall make a claim with the Authority for such. Failure of the owner to claim such balance within the two-year period shall automatically result in a forfeiture of such balance to the Authority. Any interest accrued or earned on such balance while being held in escrow shall belong to and shall be paid to the Authority, whether such balance shall be paid to the owner or forfeited to the Authority.

 

            (3) Foreclosure by the Authority due to violation of this Chapter and/or the Affordable Housing Plan shall not extinguish the restrictions of this Chapter, the Affordable Housing Plan and the COAH procedural and substantive regulations as the same apply to the low and moderate income unit. Title shall be conveyed to the purchaser at the Sheriff’s sale, subject to the restrictions and provisions of this Chapter and the Affordable Housing Plan. The owner determined to be in violation of the provisions of this plan and from whom title and possession were taken by means of the Sheriff’s sale shall not be entitled to any right of redemption.

 

            (4) In order to be eligible to bid on an affordable unit, a bidder must be prequalified by the Authority as a low and moderate income household as set forth in the COAH substantive regulations and as set forth in the COAH deed restrictions executed upon the purchase or rental of an affordable unit.

 

            (5) If there are no bidders at the Sheriff’s sale, or if insufficient amounts are bid to satisfy the first purchase money mortgage and any prior liens, the Authority may acquire title to the low and moderate income unit by satisfying the first purchase money mortgage and any prior liens and crediting the violating owner with an amount equal to the difference between the first purchase money mortgage and any prior liens and costs of the enforcement proceedings, including legal fees and the maximum resale price for which the low and moderate income unit could have been sold under the terms of this Chapter and the Affordable Housing Plan. This excess shall be treated in the same manner as the excess which would have been realized from actual sale as previously described.

 

            (6) Failure of the low and moderate income unit to be either sold at the Sheriff’s sale or a acquired by the Authority shall obligate the owner to accept an offer to purchase from  any qualified purchaser which may be referred to the owner by the Authority, with such offer to purchase being equal to the maximum resale price of the low and moderate income unit as permitted by the terms and provisions of this Chapter and the Affordable Housing Plan.

 

            (7) The owner shall remain fully obligated, responsible and liable for complying with the terms and restrictions of this Chapter and the Affordable Housing Plan until such time as title is conveyed from the owner. The owner shall also be fully responsible for satisfying all taxes, fees, fines and the upkeep of the unit until the transfer of ownership.

 

II.        BE IT FURTHER ORDAINED THAT:

A.        All ordinances or parts of ordinances inconsistent herewith are hereby repealed to the extent of the inconsistency.

 

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

 

C.        This Ordinance shall take effect upon passage and publication in accordance with applicable law and filing with the Monmouth County Planning Board. .

 

Public Hearing

 

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

 

There being no questions or comments, a motion to close the public hearing was offered by C/Carr and seconded by C/Robilotti.  Passed unanimously.

 

 Adoption

 

A motion to adopt Ordinance No. 2006-21, above titled, was offered by C/Carr and

Seconded by C/Robilotti.  Passed on the following roll call:

 

Offered By:                  C/Carr

 

Seconded By:               C/Robilotti

 

Roll Call: Ayes:             C/Soden, C/Rucker, C/Simon, C/Carr, C/Robilotti, C/Cooke

     Nays:            None

             Abstain:             None

              Absent:             None

 

 BOROUGH OF ENGLISHTOWN            PUBLIC HEARING & ADOPTION

ORDINANCE NO. 2006-23

 

ORDINANCE ESTABLISHING LIMITS FOR SALARIES OF THE EMPLOYEES OF THE BOROUGH OF ENGLISHTOWN, COUNTY OF MONMOUTH,

STATE OF NEW JERSEY

 

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

 

Ordinance numbers 97-02, 98-06, 99-07 and 2002-03, 2003-09, 2004-07, are hereby amended/supplemented:

 

            Section I:  The annual salary ranges are established as follows, and the Borough Chief Financial Officer is hereby authorized to transfer such sums of money from such payroll from the time as directed by Salary Resolution of the Governing Body.

 

POSITION                                                                                                     SALARIES                                                                                                               MINIMUM   MAXIMUM

GOVERNING BODY

            MAYOR                                                                                  $  1,800.00            $  4,500.00

            COUNCIL                                                                              $  1,300.00            $  3,500.00

 

BUSINESS ADMINISTRATOR                                                    $15,000.00      $41,000.00

MUNICIPAL CLERK                                                             $30,000.00            $50,000.00

 

DEPUTY CLERK                                                                               $15,000.00            $31,000.00

 

CHIEF FINANCIAL OFFICER                                                        $15,000.00            $41,000.00

 

ASSISTANT C.F.O.                                                                           $25,000.00            $45,000.00

 

FINANCE CLERK                                                                                    $20,000.00            $39,000.00

CLERK TYPIST                                                                                 $  8,000.00            $28,000.00

 

COURT MAGISTRATE                                                                        $ 9,000.00            $20,000.00

 

COURT CLERK                                    $30,000.00                                    $50,000.00

 

DEPUTY COURT CLERK                                    $     500.00                                     $28,000.00

 

DPW SUPERVISOR                                    $30,000.00                                    $50,000.00

 

DPW – LEVEL 1                                    $18,000.00                                    $30,000.00

DPW – PART TIME                                    $  6,000.00                                    $12,000.00

 

WATER SUPERINTENDENT                                    $  6,000.00                                    $15,000.00

 

WATER CLERK                                    $  9,000.00                                    $18,000.00

 

SEWER SUPERINTENDENT                                    $  6,000.00                                    $15,000.00

 

SEWER CLERK                                    $  9,000.00                                    $18,000.00

 

RECYCLING COORDINATOR                                    $     700.00                                    $  1,500.00

 

DOG/CAT CENSUS TAKER                                    $     500.00                                    $  1,500.00

 

EMERGENCY MGMT COORDINATOR                                    $     750.00                                    $  1,500.00

 

TAX ASSESSOR                                    $  5,000.00                                    $10,000.00

 

TAX COLLECTOR                                    $  5,000.00                                    $12,000.00

 

DEPUTY TAX COLLECTOR                                    $  2,500.00                                    $  7,500.00

 

CONSTRUCTION OFFICIAL:

   DIRECTOR OF CODE ENFORCEMENT                                    $  5,000.00                                    $10,000.00                 

   CONSTRUCTION OFFICIAL                                    $  4,000.00                                    $  7,000.00

   FIRE SUB-CODE OFFICIAL                                    $  4,000.00                                    $  7,000.00

 

CONSTRUCTION OFFICIAL:

   BLDG SUB-CODE INSPECTOR                                    $  4,000.00                                    $  7,000.00

   HOUSING INSPECTOR                                    $  4,000.00                                    $  7,000.00

 

ASSISTANT HOUSING INSPECTOR                                    $  4,000.00                                    $  6,500.00

 

CONSTRUCTION SECRETARY                                    $  2,500.00                                    $  6,000.00

 

FIRE OFFICIAL:

   FIRE INSPECTION

   FIRE SUB-CODE

   CODE ENFORCEMENT                                    $  6,000.00                                    $17,000.00

 

FIRE OFFICIAL

   PART TIME FIRE INSPECTOR                                    $     100.00                                    $  2,000.00

 

ASST. CODE ENF/ZONING OFFICER                                    $  2,000.00                                    $  6,000.00

 

ELECTRICAL INSPECTOR                                    $  3,500.00                                    $  9,000.00

 

PLUMBING INSPECTOR                                    $  3,500.00                                    $10,000.00

 

PLANNING BOARD SECRETARY                                    $  2,500.00                                    $  6,000.00

 

CLEAN COMMUNITY GRANT                                    $  1,000.00                                    $  4,000.00

 

POLICE CHIEF                                    $65,000.00                                    $85,000.00

 

            Section II:  Salaries shall be set forth by Resolution of Mayor and Council within the

aforementioned salary guidelines.

 

            Section III:  Payment of salaries shall be in equal bi-weekly, monthly, quarterly or other

 installments as the Mayor and Council may from time to time resolve.

 

            Section IV:  All ordinances or parts of ordinances inconsistent with this ordinance are

 hereby repealed.

 

            Section V:  This ordinance shall take effect upon its passage and publication according

 to law.

 

Public Hearing

 

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

 

There being no questions or comments, a motion to close the public hearing was

offered by C/Carr and seconded by C/Robilotti.  Passed unanimously.

  

Adoption

A motion to adopt Ordinance No. 2006-23, above titled, was offered by C/Soden and

Seconded by C/Simon.  Passed on the following roll call:

 

Offered by:                   C/Soden           

 

Seconded by:               C/Simon

 

 Roll Call:         Ayes:    C/Soden, C/Rucker, C/Simon, C/Carr, C/Robilotti       

                        Nays:   None

                    Abstain:    C/Cooke

                     Absent:    None

                                         

BOROUGH OF ENGLISHTOWN                  PUBLIC HEARING & ADOPTION

ORDINANCE NO. 2006-24

 

ORDINANCE AMENDING CHAPTER 2.121

OF THE CODE OF THE BOROUGH OF ENGLISHTOWN ENTITLED

“VEHICLES AND TRAFFIC”

 

WHEREAS, the residents of Carriage Lane in the Borough of Englishtown have encountered difficulty with the current parking restrictions on the street; and

 

WHEREAS, currently, Section 2.121.07 of the Code of the Borough of Englishtown, entitled “Parking Prohibited at all times, makes unlawful the parking of any vehicles at any time along the outer circumference of Carriage Lane, and Section 2.121.08 of the Code of the Borough of Englishtown, entitled “Parking Prohibited During Certain Hours” prohibits the parking of vehicles anywhere on Carriage Lane between the hours of 12:00 midnight to 6:00 a.m. on any day;

 

WHEREAS, no danger to the health, welfare or safety of the community is perceived by continuing the parking restrictions applicable to the period of 12:00 midnight to 6:00 am for the inner circumference of the roadway, except for snow emergencies:

 

NOW, THEREFORE, BE IT ORDAINED by the Borough Council of the Borough of Englishtown that Section 2.121.08 of the Code of the Borough of Englishtown is hereby amended by removing the reference to Carriage Lane and the restrictions applicable to Carriage Lane within that section. All other restrictions on parking on Carriage Lane, including those within Section 2.121.07 and all general emergency and snow removal provisions remain applicable to Carriage Lane.

 

BE IT FURTHER RESOLVED THAT this Ordinance shall take effect upon passage and publication in accordance with applicable law.

 

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

 

Mayor Reynolds requests a motion to Table Public Hearing and Adoption on Ordinance No. 2006-24 until November 20, 2006.  Offered by C/Carr and seconded by C/Simon.  Passed unanimously.

 

Mayor Reynolds request that all residents on Carriage Lane sign a petition either for or against Ordinance No. 2006-24 and delivered to the Clerks Office by Thursday, November 16th, 2006.

 

New Business

 

BOROUGH OF ENGLISHTOWN                 First Reading and Introduction

ORDINANCE NO. 2006-25

 

AN ORDINANCE OF THE BOROUGH OF ENGLISHTOWN  ADDING A NEW CHAPTER, CHAPTER 2.100, ENTITLED “PROPERTY MAINTENANCE CODE”

 

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

 

Stuart Moskovitz states that the Property Maintenance Code prepared by the Construction Dept was reviewed and a lot of changes were made. Would like Council’s comments by next week so new draft can be introduced. 

 

Mayor Reynolds asks all Council Members to review Maintenance Code and make appropriate changes, which will be discussed at the next Council Meeting.

 

C/Carr requests the following to be read into record; again, an employee was given a direct order that was not followed.

 

Mayor Reynolds requests a motion to Table First Reading and Introduction on Ordinance No. 2006-25 until November 20, 2006.  Offered by C/Carr and seconded by C/Soden. Passed unanimously.

 

Borough of Englishtown

Resolution No. 2006-180

 

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:

 

Police radio and equipment for new police car

                 Total:              $1,694.10

                                                                       

Purchased From:        

                             Quality Communications

1985 Swarthmore Avenue - Suite 4

Lakewood, N.J.  08701

 

            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/Robilotti

 

Roll Call:  Ayes:            C/Soden, C/Rucker, C/Simon, C/Carr, C/Robilotti, C/Cooke

                  Nays:          None

              Abstain:           None

               Absent:          None

 

Borough of Englishtown

Resolution No. 2006-181

 

Resolution Authorizing Appropriation Transfer

 

            Whereas, N.J.S.A. 40A: 4-58 provides that during the last 2 months of the fiscal year, to expend for any of the purposes specified in the budget an amount in excess of the respective sums appropriated therefore and there shall be an excess in any appropriation over and above the amount deemed to be necessary to fulfill the purpose of such appropriation.

 

            Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the transfers in the amount of $10,840.00  be made in the 2006 budget as attached.

 

Current Fund:

From:

Fire Official Other Expense                      $6,200.00

Salary & Wage Adjustment                      $4,640.00

 

To:                                                                                           Reason

General Admin S&W                           $   400.00             2006 Salary Increase

Finance S&W                                      $   700.00             2006 Salary Increase

Tax Collection S&W                           $   400.00              2006 Salary Increase

Construction S&W                              $   300.00              2006 Salary Increase

Engineering Services OE                      $5,000.00               Tax Map Update

Code Enforcement S&W                     $   600.00               2006 Salary Increase

Police Dispatch 911 OE                        $1,200.00              Increase in Contract

Emergency Mgmnt S&W                     $     40.00               2006 Salary Increase

Fire Official S&W                               $    350.00               2006 Salary Increase

Streets & Roads S&W                       $1,800.00                 2006 Salary Increase

Recycling S&W                                  $     50.00                 2006 Salary Increase

 

Offered By:          C/Soden          

                       

Seconded By:       C/Simon                

 

Roll Call: Ayes:                        C/Soden, C/Rucker, C/Simon, C/Carr, C/Robilotti

                Nays:                        None

            Abstain:                        C/Cooke

 Absent:                        None

 

Borough of Englishtown

Resolution No. 2006-182

 

Authorization of Grant Agreement Between

Borough of Englishtown and The State of New Jersey

By and For the Department of Environmental Protection

                   Grant Identifier:  WQ05-348

 

 

            Whereas, the Governing Body of the Borough of Englishtown desires to further the public interest by obtaining a grant from the State of New Jersey in the amount of approximately $6,822.00 to fund the following project:

 Municipal Storm Water Regulation Program

 

            Therefore, the Governing Body resolves that Thomas E. Reynolds or the successor to the office of the Mayor is (a) authorized to make application for such a grant,  (b) if awarded, to execute a grant agreement with the State for a grant in an amount not less than $6,822 and not more than $6,822, and (c) to execute any amendments thereto which do not increase the Grantee’s obligations.

 

            The Grantee agrees to comply with all applicable federal, State, and Municipal laws, rules, and regulations in its performance pursuant to the agreement.

 

Offered  by:                         C/Soden

 

Seconded by:                      C/Simon

 

Roll Call:   Ayes:                  C/Soden, C/Rucker, C/Simon, C/Carr, C/Robilotti, C/Cooke

                   Nays:                None              

                Absent:                None

               Abstain:                None

 

Borough of Englishtown

Resolution No. 2006-183

 

Resolution Urging Bipartisan Action By The

                    State Legislature on Ethics Reform

 

            WHEREAS, restoring the public trust in government is an important and worthy goal; and

 

            WHEREAS, recent weeks have brought an unprecedented wave of public corruption scandals to New Jersey including the resignation of our Attorney General, guilty pleas from a former State Senate President and two municipal councilmen, and a report from a federal monitor accusing a sitting State Senator of ethical violations; and

 

            WHEREAS, in the past five years, more than 97 public officials in New Jersey have been indicted or pled guilty to crimes by the United States Attorney for New Jersey; and

 

            WHEREAS, it has become commonplace in New Jersey for business entities to make substantial political contributions to the election campaigns of elected officers who are ultimately responsible for awarding professional contracts; and

  

            WHEREAS, the awarding of these contracts to campaign contributors, in a practice that has become known as “Pay to Play”, creates the appearance that government is for sale and that taxpayer dollars will flow to the highest campaign contributors; and

 

            WHEREAS, all of this has led to the taxpayers of New Jersey losing confidence in the integrity of their government; and

 

            WHEREAS,             corruption only adds to the cost of government, which in turn has a direct impact on increasing property taxes for our taxpayers; and

 

            WHEREAS, the Republican members of the General Assembly have introduced an 11-point package of bills, “The Assembly Republican Blueprint for a Corrupt Free New Jersey”, designed to crack down on corruption and send a message to public officials that ethical misconduct will not be tolerated in this state; and

 

            WHEREAS, the package of bills includes measures strongly supported by Democrat and Republican lawmakers now and in the past;

 

            NOW, THEREFORE BE IT RESOLVED, that the Governing Body of The Borough of Englishtown does urge the New Jersey Legislature to act swiftly and enact “The Assembly Republican Blueprint for a Corrupt-Free New Jersey”, which was introduced on September 25 by the Republican members of the General Assembly as well as any other ethical reforms that will help to restore public trust and confidence in our government.

 

            BE IT FUTHER RESOLVED, that copies of this resolution be forwarded to our State Legislative Delegation, the General Assembly of New Jersey Republican Office and Borough Chief Financial Officer.

 

Offered By:                  C/Robilotti

           

Seconded By:               C/Carr

 

Roll Call: Ayes:               C/Soden, C/Rucker, C/Simon, C/Carr, C/Robilotti, C/Cooke

                 Nays:               None

             Abstain:               None

              Absent:               None

 

Borough of Englishtown

Resolution No. 2006-184

Appointment of Finance Clerk

 

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

 

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

 

            Whereas, it is the recommendation of the Administration, Finance and Personnel Committee to appoint Jeanne Keevins, Morganville, New Jersey.

 

            Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey as follows:

 

            1.         That Jeanne Keevins is hereby appointed as Finance Clerk

                  for the Borough of Englishtown, effective November 27, 2006 until December 31, 2006.

2.            That said position shall be full time, thirty five (35) hours per week, paid at $32,500.00 annually, payable bi-weekly per the salary ordinance.

 

3.         Said appointment is contingent upon passing a criminal background check                    

and shall have a ninety (90) day probation period commencing February 27, 2007, at which time work performance shall be evaluated.

 

            Be It Further Resolved that a certified true copy of this resolution be forwarded to the Borough's Chief Financial Officer and Jeanne Keevins.

 

Offered by:                          C/Carr

 

Seconded by:                      C/Simon

 

Roll Call:  Ayes:                C/Soden, C/Rucker, C/Simon, C/Carr, C/Robilotti, C/Cooke

                 Nays:                 None

               Absent:                None

              Abstain:                None

 

Borough of Englishtown

Resolution No. 2006-185

Appointment of Part Time Clerk Typist

Administration Department

 

            Whereas, there is a need for a part-time Clerk Typist; and

 

            Whereas, it is the recommendation of the Administration, Finance and Personnel Committee to appoint Louisa Gustafson, Old Bridge, N.J.

 

            Now, Therefore, Be It Resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that Louisa Gustafson be appointed Clerk Typist as follows:

 

1.  Part-time 15 hours per week, 1:00p.m. – 4:00p.m. Monday – Friday.

 

2.      Paid $10.00 per hour, bi-weekly per the salary ordinance.

 

3.      Shall be under the direction of the Municipal Clerk and

Deputy Municipal Clerk.

 

4.      Appointment shall be effective November 13, 2006.

 

5.      Said appointment is contingent upon passing a criminal background check and shall have a ninety (90) day probation period commencing February 13 2007, at which time work performance shall be evaluated.

 

            Be it further resolved that a certified true copy of this resolution be forwarded to Louisa Gustafson and the Borough Chief Financial Officer.

 

Offered By:                  C/Soden

 

Seconded By:               C/Simon

 

Roll Call: Ayes:               C/Soden, C/Rucker, C/Simon, C/Carr, C/Robilotti, C/Cooke

                 Nays:               None

             Abstain:               None

              Absent:               None

 

Borough of Englishtown

Resolution No. 2006-186

 

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 $227.101.80 be and

                   the same are hereby authorized to be paid on November 8, 2006.

 

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/Robilotti

 

C/Robilotti clarifies that on page 9  Recreation Committee bowls for Halloween Party were 6 bowls for $12.00 dollars.

 

Roll Call:   Ayes:            C/Soden, C/Rucker, C/Simon, C/Carr, C/Robilotti, C/Cooke

                   Nays:          None

               Abstain:           None

                Absent:           None

           

 Tax Collection Report                                    Month of October, 2006

                                                            Taxes, 2007                            $       284.81

                                                            Taxes, 2006                            $527,908.99

                                                            Taxes, 2005                            $    6,944.07

                                                            Interest on Taxes                      $    1,669.87

                                                            Misc. to be refunded              $       624.45

 

                                                            Total                                        $535,432.19

Public Portion

 

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

 

Kathleen Heath, 1A Victory Drive

·        States Verizon had employees soliciting door to door; spoke with Christine Robbins who acted promptly.

·        Are any Council members attending this meeting?

 

C/Rucker responds we are in a shared service agreement with the school system.

 

C/Carr responds we are currently in agreement with 6 or 7 shared services.

 

Further discussion continued between Mayor, Council and Mrs. Heath regarding Shared Services.

 

There being no further questions or comments, 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, litigation, contractual, and negotiations.

 

            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/Carr, C/Robilotti, C/Cooke

                   Nays:  None

                Absent:  None

               Abstain:  None

 

The time being 8:19 P.M.

 

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

 

The time being  9:31  P.M.

 

The following action was taken after Executive Session.

 

Borough of Englishtown

Resolution No. 2006-188

 

Resolution of Offering Position of

Registered Municipal Clerk/Certified Municipal Registrar

 

            Whereas, there is a vacancy in the Municipal Clerk’s Office for the position of Registered Municipal Clerk/Certified Municipal Registrar; and

 

            Whereas, the personnel committee has interviewed several qualified candidates for the position of Registered Municipal Clerk/Certified Municipal Registrar;

 

            Now Therefore Be It Resolved, that the Mayor and Council authorize the Borough Administrator to offer said position to Peter Gorbatuk, Manville, N.J. in the amount of $42,000.00.

 

Offered By:                  C/Carr

 

Seconded By:               C/Soden

 

Roll Call:  Ayes:            C/Soden, C/Rucker, C/Simon, C/Carr, C/Robilotti, C/Cooke

                  Nays:          None

              Abstain:           None

               Absent:           None

 

Adjournment

 

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

 

The time being  9:35  P.M.

 

 

 

_February 12, 2007_________                                         

Approved by Governing Body