** AGENDA **

 

November 20, 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.         Approval of Minutes – August 9, 2006

 

5.         Committee Reports

 

6.         Correspondence

 

7.         Open Public Portion/Limited to Agenda Items Only

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

 

8.         Old Business:

 

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

Amending Borough Code Book Chapter 2.121

Entitled “Vehicles & Traffic”

            Tabled from November 8, 2006 Council Meeting

 

8.                  New Business:

 

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

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

Tabled from November 8, 2006 Council Meeting

 

B.         Resolution No. 2006-189

Appointment of Municipal Clerk – Peter Gorbatuk 

 

C.        Resolution No. 2006-190

Authorizing Purchases over $800.00

Brake Repair to GMC Pick up – D.P.W.

 

D.        Resolution No. 2006-191

Amendment to Salary – Supervisor of Public Works

 

E.         Resolution No. 2006-192

Authorizing Refund of Tax Overpayment

 

F.         Resolution No. 2006-193

Authorizing Payment of Borough Bills

 

G.                 Resolution No. 2006-194

Authorizing Purchases over $800.00

Ford Tractor Repair – D.P.W.

 

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 7:32 P.M.

 

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

                  Absent:  None 

 

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

 

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

 

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

 

Approval of Minutes –

 

There being no corrections, deletions or additions, a motion to approve the Minutes of August 9, 2006 was offered by C/Soden and seconded by C/Robilotti.  Passed on the following roll call:

 

C/Carr

 

Mayor Reynolds

 

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

                      Nayes:  None

                     Absent: None

                     Abstain:            None

 

Committee Reports

 

C/Rucker

·        Nothing at this time.

 

C/Cooke

 

C/Robilotti

 

C/Soden

 

C/Carr

·        Meeting scheduled for November 21, 2006 with Donna Drewes from Municipal Land Use Center.

·        Economic Development Committee meeting scheduled for Saturday, December 2, 2006 at 11:00 AM.

·        New Clerk Typist Louisa Gustafson was introduced and welcomed.

·        Stepped down as President of the Village Inn and C/Cooke was installed as new President and C/Robilotti has joined the committee.

·        Channel 118 our local access channel is airing interview that was done with Dick Dallick, Lynn Strong and Joyce Stipple on the History of Englishtown.  Would like Borough to write thank you letters.

·        Received information from Laurie Finger, Chief Financial Officer, last week we cancelled surplus from school system in the amount of $45,000.00 that went back into General Funds.  In 2004 and 2005 we overpaid the school system and received $46,996.00 back. A total of $91,996.00 went back into the General Fund. Thank you Laurie Finger for a job well done.

 

C/Simon

 

Correspondence

 

Christine Robbins, Deputy Municipal Clerk reports:

·        Letter dated November 15, 2006 from Mr. Thomas Koenig of 45 Carriage Lane expressed concern with parking on Carriage Lane and thanked Council Members for the opportunity to express his opinion concerning this issue. 

 

Public Portion – Agenda Items

 

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

 

Thomas Koenig, 45 Carriage Lane

 

C/Carr

·        One side parking was determined when that development was built because it was a hazard for the fire truck.  I don’t know what has changed since then and would also like to voice my concern.

 

Mayor Reynolds responds there were concerns with the outriggers on the new ladder truck but the Fire Chief and Police Chief assured us that there is sufficient room.

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

 

Discussion – Shared Service Meeting

 

Mayor Reynolds states he attended the Borough of Freehold Shared Service Meeting last week. There were 10 Senate and Assembly Bills that was given to Laurie Finger.  She will give us a synopsis of each bill at the next Council Meeting.  The majority of the Shared Service Bills were for school districts.  There was no direct discussion of the bills just input from the public.

 

C/Robilotti states that a group from Metuchen who attended previous meetings voiced their concern that with the consolidation they would loose control. This was a main concern in their district.

 

C/Carr states that now that the election is over I do have a call in to set up a meeting with the Township of Millstone regarding Shared Services.

 

Old Business

 

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. 

 

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/Soden and seconded by C/Robilotti.  Passed unanimously.

 

Adoption

 

A motion to adopt Ordinance No. 2006-24, above titled, was offered by C/Roilotti and

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

 

Offered By:                  C/Robilotti                              

 

Seconded By:               C/Carr

 

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

                 Nays:        C/Soden, C/Carr

             Abstain:        None

              Absent:        None

 

New Business

 

BOROUGH OF ENGLISHTOWN                 FIRST READING & INTRODUCTION

ORDINANCE NO. 2006-25

 

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

 

    WHEREAS, the governing body of the Borough of Englishtown determines that there exists a need to provide for establishing standards and requirements for maintenance of private property in Englishtown to protect the welfare of the entire community:

 

I.          Now therefore be it ordained by the Borough Council of the Borough of Englishtown that a new chapter, Chapter 2.100, “Property Maintenance Code” of the Code of the Borough of Englishtown is hereby added as follows:

 

§2.100.1          Title

This Chapter shall be known and may be cited as the “Property Maintenance Code of the Borough of Englishtown.”

  

    ARTICLE I

   Commercial and Industrial Properties  

 

§2.100.2          Statement of purpose

 The Borough of Englishtown finds that certain unsafe, unsanitary and unhealthy conditions tend to occur at various commercial and industrial properties in the Borough unless proper maintenance procedures are followed. Since many persons are attracted to and actually use the facilities at these commercial and industrial properties, the public health, safety and welfare require the prevention of unsafe, unsanitary and unhealthy conditions on any commercial and industrial properties in the Borough. 

 

§2.100.3            Definitions

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

 

COMMERCIAL OR INDUSTRIAL PREMISES OR PROPERTY  - A lot or tract of land on which or on any part of which commercial or industrial activity of any kind takes place. Such activity includes all commercial and industrial uses permitted, conditionally permitted or allowed as a preexisting nonconforming use in any zoning district within the Borough of Englishtown.  

 

EXTERIOR OF PREMISES - The exterior facades or external portions of a building and the open space of any premises outside of any building erected thereon which are exposed to public view.  

 

INFESTATION - The presence of insects, rodents, vermin or other pests on the premises, in sufficient numbers to constitute a health hazard in the opinion of the Monmouth County Health Officer.  

NUISANCE -  

      A.            Any common law nuisance, or as provided by the laws of   the State of New Jersey or ordinances of the Borough of Englishtown.

 

            B.            Any attractive nuisance which may prove detrimental to the health or safety of the public, whether in a building or on a lot. An attractive nuisance is a condition that might tend to attract minors, out of curiosity or otherwise, and pose an unreasonable risk of death or serious bodily injury to the minor. This includes, but is not limited to, the following: structurally unsound fences or structures, lumber, trash, fences or debris.  

 

            C.            Physical conditions dangerous to human life or detrimental to the health of persons on or near the premises where conditions exist.  

 

            D.            Unsanitary conditions or anything unreasonably offensive or dangerous to health or safety.  

 

E.                 Whatever, by reason of its condition and location, is likely to render air, food and/or drink unwholesome or detrimental to the health of human beings, or creates an unreasonable nuisance through odor or noise so as to deprive adjacent owners of the quiet enjoyment of their property.  

 

            F.            Fire hazards.    

 

OCCUPANT - A person having actual possession of any commercial or industrial premises or any part thereof.  

 

OPERATOR  - A person who has charge, care or control of commercial or industrial premises, or any part thereof, whether with or without the consent of the owner.  

 

OWNER  -- A person who, alone or jointly with others, has legal or equitable title to any commercial or industrial premises, with or without accompanying actual possession, or who has charge, care or control of any commercial or industrial premises as owner or agent of the owner or as fiduciary, including but not limited to an executor, administrator, trustee, receiver or guardian of an estate, or as a mortgagee in possession, regardless of how such possession was obtained. Any person who is a lessee, subletting or reassigning any part or all of a commercial or industrial premises, shall be deemed to be a co-owner with the lessor and shall have joint responsibility over the portion of the premises sublet or assigned.  

 

REFUSE or RUBBISH  - All discarded, useless, unusable, unused or worthless solid waste matter or materials, combustible or noncombustible, including but not limited to garbage; trash, ashes; paper, paper goods and products; wrappings; cans; bottles; containers; yard clippings; garden refuse; brush and containers of waste materials, chemicals or oil other than garbage containers used and intended to be picked up in the normal weekly scavenger collection service; debris; junk; glass; boxes; crockery; wood; mineral matter; plastic; rubber; leather; furniture; household goods; appliances; fixtures; bedding; scrap lumber; scrap metal; construction material; inoperable machinery or parts thereof; dead or rotting vegetation; excluding compost piles which are not otherwise prohibited in this article; abandoned, inoperative, unused or unusable automobiles and vehicles, or parts or components of automobiles, motor vehicles, motorcycles or vehicles of any kind, and solid commercial or industrial waste. Except that as to a business in which such materials constitute inventory or a necessary element of the ongoing operations of the business, those materials not otherwise prohibited from remaining on the property by law, shall not be deemed to be refuse or rubbish. 

 

SHOPPING AREA  -- One or more building or parts thereof, designed as a unit, to be occupied by one or more businesses for the conduct of businesses primarily engaged in retail merchandising.  

 

§2.100.4          Effect on Other Standards; Responsibilities of Owners and Occupants 

A.            Compliance with code. 

 

(1)            This Article establishes minimum standards for the initial and continued occupancy and use of all commercial and industrial premises, including those occupied and used before the adoption of this code, and does not replace or modify standards otherwise established for the construction, repair, or alteration of the commercial or industrial buildings or premises contained therein. Where there are existing codes or standards for the use of commercial or industrial premises that are more stringent than the standards contained therein, those standards are not to be deemed reduced by this Article. Where there is mixed occupancy with commercial or industrial and other uses on the same premises, all such uses shall be regulated by and subject to the provisions of this Article.

 

(2)            Where the provisions of this Article impose a higher standard than is set forth in any other ordinances of the Borough or under the laws of the State of New Jersey, then the standards set forth herein shall prevail.

   

B.            Responsibility of owners and occupants. 

 

(1)            Owners and operators shall have all the duties and responsibilities prescribed in this Article and no owner or operator shall be relieved from any duty and responsibility or be entitled to defend against any charge of violation by reason of the fact that the occupant is also responsible and in violation thereof.

 

(2)            Occupants shall have such duties and responsibilities as are prescribed for them in this Article and shall not be relieved of any duty and responsibility or be entitled to defend against any charge of violation by reason of the fact that the owner or operator is also responsible and in violation thereof.

     

C.            Compliance with Other Ordinances - Compliance with this article shall not constitute a defense against any violation of any other ordinance of the Borough of Englishtown applicable to any structure or premises, nor shall any one act of compliance constitute a defense against any subsequent or other violation of this article.

 

D.            Compliance with the Uniform Construction Code - Any alterations to buildings, structures or appurtenances thereto, or changes of use therein, which may be caused directly or indirectly by the enforcement of this article, shall be done in accordance with all applicable sections of the New Jersey Uniform Construction Code.

 

E.         Effect of Zoning Ordinance - Nothing contained in this article or any requirement of compliance herewith shall be deemed to alter, impair or affect the application of the Zoning Ordinance or zoning laws of the Borough of Englishtown.

 

F.         Existing Remedies - Nothing in this article shall be deemed to abolish or impair existing remedies of the Borough of Englishtown or its officers or agencies relating to the removal or demolition of any buildings or structures which are deemed to be dangerous, unsafe and unsanitary. 

 

 §2.100.5            Regulations 

A.        Exterior to be kept free of all nuisances. The exterior of premises and structures shall be kept free of nuisances, unsanitary conditions and any other hazards to the health or safety of occupants, pedestrians and other persons utilizing the premises. Any nuisance, unsanitary condition or other hazard shall be promptly removed and abated by the owner and/or operator to keep the premises free of health hazards, including but not limited to the following: 

 

(1)            Refuse: broken glass, filth, garbage, trash, litter and debris, except as placed in an appropriate receptacle designed to safely retain the material prior to a regularly scheduled or expeditious collection. 

 

(2)            Hazardous natural growth in the vicinity of business: brush, weeds, ragweed, stumps, roots and obnoxious growth; dead and dying trees and limbs or other natural growth which, through rotting or deteriorating conditions or storm damage, constitute a hazard to persons in the vicinity. Trees shall be kept pruned and trimmed to prevent such conditions. 

 

(3)            Over hangings: loose and overhanging objects and accumulations of ice and snow above ground level, which constitute a danger of falling on persons in the vicinity of such conditions.  

 

(4)            Ground surface hazards or unsanitary conditions: holes, excavations, breaks, projections, obstructions or broken or missing pavement. All holes and excavations shall be filled and repaired, walks and steps repaired and other conditions removed where necessary to eliminate hazards or unsanitary conditions. It shall be the responsibility of owners and operators to take reasonable steps to discover and remove any such hazards or unsanitary conditions which may exist on their premises. 

 

(5)            Recurring accumulations of storm water: Adequate runoff drains shall be provided and maintained to eliminate any recurrent or excessive accumulation of storm water. 

 

(6)            Sources of infestation.   

 

B.         Signs. All signs, pavement markings and printed matter and pictures or illustrations contained thereon, permitted by reasons or other regulations or as a lawful nonconforming use, shall be maintained in good repair. 

 

C.            Landscaping. Lawns, hedges and bushes shall be kept trimmed and maintained from becoming overgrown. 

 

D.            Premises to be kept in good repair. The exterior of every structure or accessory structure, including fences and storefronts, shall be maintained in good repair. All structural surfaces shall be kept painted where necessary for preservation and appearance, free of excessive peeling paint and maintained free of safety hazards, such as broken windows, loose and falling shingles and crumbling and falling stone or brick, further subject to the following regulations: 

 

(1)            Unsafe exterior facilities: Exterior facilities include exterior porches, landings, balconies, stairs and fire escapes, all of which shall be kept structurally sound and in good repair and shall be provided with banisters or railings properly designed and maintained. 

 

(2)            Signs and billboards: All permanent signs and billboards exposed to public view, permitted by ordinance or other regulations or as a lawful nonconforming use, shall be maintained in good repair. Any sign or billboard which has weathered excessively or faded or the paint on which has excessively peeled or cracked shall, with its supporting members, be removed forthwith or put into a state of good repair. All non-operative or broken electrical signs shall be repaired or shall, with their supporting members, be removed forthwith. 

 

(3)            Windows exposed to public view: All windows exposed to public view shall be kept clean and free of marks, dirt and grime and shall be unbroken. Except when necessary in the course of changing displays, no storage of materials, stocks or inventory shall be permitted in window display areas ordinarily exposed to public view unless such areas are first screened from view by draperies, blinds or other means. All screening of interiors shall be maintained in a clean and attractive manner and in a good state of repair. 

(4)            Awnings or marquees: any awning or marquee and its accompanying structural members which extend over any street, sidewalk or other portion of the premises shall be so maintained as not to constitute a nuisance or safety hazard. In the event that any such awning or marquee is made of cloth, plastic or of similar materials, said materials, where exposed to public view, shall be maintained in good condition and shall not show evidence of excessive weathering, discoloration, ripping, tearing or other deterioration. Nothing herein shall be construed to authorize any encroachment of an awning, marquee or its accompanying structural members on streets, sidewalks or other parts of the public domain. 

 

(5)            Temporary scaffolding or equipment: No temporary painting scaffold or other temporary equipment used for construction, repair or maintenance shall be permitted to remain in place beyond a period necessary to reasonably complete the purpose for which such equipment was intended to be used. 

 

(6)            Storefronts: All storefronts shall be maintained in good repair and all surfaces thereof shall be kept painted when necessary for the purposes of preservation and appearance. In the event that repairs to a portion of a storefront are made, such repairs shall be performed with materials identical or compatible with the materials used in the area not undergoing repair, to the end that the appearance of the storefront shall be uniform and attractive. 

 

(7)            Unoccupied buildings: All unoccupied buildings shall be subject to the provisions hereof.   

 

E.            Removal of garbage and refuse. The owner, operator and occupant shall have the duty and responsibility of removing refuse and garbage as often as reasonably necessary to avoid safety hazards and noxious odors. 

 

F.            Maintenance of sidewalks. Every day that the premises is open for business, the occupant shall be responsible for removing litter from the sidewalk or other pedestrian areas, if any, in front of the occupant's commercial premises. The area shall be swept as often as necessary to maintain it free of litter, spillage and other debris. 

 

G.            Premises to be maintained in a clean and sanitary manner. 

 

(1)            All parts of the premises under the control of the occupant shall be kept in a clean and sanitary condition, and the occupant shall refrain from performing any acts which would render other parts of the premises unclean or unsanitary or which would obstruct the owner or operator from performing any required duty in this code for maintaining the premises in a clean and sanitary condition. 

 

(2)            Each operator shall be responsible for the elimination of infestation in and on the premises subject to his control. 

(3)            No person shall deposit any litter on the ground in any commercial or industrial premises.   

 

H.        Access and parking areas. 

 

(1)            The owner of any access ways and parking areas serving commercial and industrial premises shall be responsible for keeping the same free from congestion and open to emergency and service vehicles by: 

 

(a)            Keeping all access ways and parking areas free from snow and ice. 

(b)            Preventing the continuous or regular use of access ways or parking spaces for any vehicles which: 

 

(i)      Is in such a state of disassembly or disrepair so that it cannot be driven; or 

 

(ii)      Does not display current license plates and inspection sticker.     

 

(iii)      For the purposes of this subsection, "continuous" shall mean the presence on the same Tax Map lot for a period of 72 consecutive hours, and "regular" shall mean being observed at least twice within a twenty-day period on the same Tax Map lot when, on both occasions, such vehicle met either condition (i) or (ii) above. 

 

(4)            This subsection shall not apply with regard to a vehicle on the premises of a business enterprise operated in a lawful place and manner. However, vehicles shall be operative and in use. 

 

(5)            Parking lots or parking areas, including the entrances and exits thereto, shall be kept in a good state of repair. Signage as to ownership and use restrictions shall be maintained so as to assure visibility. 

 

(6)            Means of ingress and egress shall be clearly marked by signs. 

 

(7)               Parking spaces shall be clearly indicated by painted lines. 

 

(8)            Lanes for the movement of traffic in each direction shall be indicated by arrows indicating one-way traffic, which shall be painted in these lanes at both ends. 

 

(9)            A trash basket with at least a twenty-gallon capacity shall be provided for each 150 feet of store frontage in any shopping area. These baskets shall be placed in the walking or pedestrian area and shall be provided with covers and shall not be allowed to overflow. Placement of the baskets shall be subject to the sidewalk’s having adequate space to accommodate the baskets without impeding general access along the sidewalk. 

 

(10)            Fire zones and lanes shall be kept clear of all vehicular traffic and parking, as designated by the Borough of Englishtown Bureau of Fire Prevention.     

 

§2.100.6          Inspections

A.        All buildings and premises subject to this code are subject to inspection by the Borough of Englishtown’s Code Enforcement Officer, Monmouth County Health Inspector, Police Department or any other official charged with the duty of enforcing regulations governing any aspect or conduct of the activity on the premises. At the time of such inspection, all portions of the premises must be available and accessible for such inspection, and the owner, operator and occupant are required to provide the necessary arrangements to facilitate such inspection. Such inspection shall be made during regular business hours of the business occupying said premises unless there is reason to believe that a violation exists of a character which is an immediate threat to health or safety, requiring inspection and abatement without delay. 

 

§2.100.7          Corrections of Violation; Abatement by Borough Officials

Where the violation or condition existing on the premises is of such a nature as to constitute an immediate threat to life and limb unless abated without delay, the Borough of Englishtown’s Code Enforcement Officer, Monmouth County Health Inspector or Police Department may order the owner, operator or occupant to correct the violation or condition within the period of time consistent with the hazard involved and with the measures necessary to remove the hazard, and, upon the failure of the operator, owner or occupant to correct said condition, Borough of Englishtown Police Department, Code Enforcement Officer or Monmouth County Health Inspector shall cause said condition to be immediately abated. 

 

§2.100.8          Procedure upon Discovery of Violations

 A.       Except as otherwise provided hereof, where violations of this Article or the regulations hereunder are found to exist, a written notice from the Borough of Englishtown Code Enforcement Officer shall be served on the person or persons responsible for the correction thereof. 

 

B.         Notice shall be served personally or by certified mail, addressed to the last known address of the person to be served. In the case of an occupant, notice may be posted upon the main entrance door of the building, and, in the case of an owner, the last known address shall be the address of the owner as shown in the records of the office of the Tax Collector of the Borough of Englishtown.

 

C.        The notice shall specify the violation or violations committed, what must be done to correct the same, a reasonable period of time, not to exceed 30 days, to abate the violation. 

 

D.        Within 10 days of the date of service of a notice, the notice shall constitute a final order unless any person affected by the notice requests a hearing thereon by serving a written request within the ten-day period, in person or by certified mail, on the Code Enforcement Officer. Such request for a hearing shall set forth briefly the reasons for which the request for a hearing is made and the factual matters contained in the notice of violation for which the hearing is requested. The Code Enforcement Officer, upon receipt of the request for hearing, shall, within 30 days there from and upon five days' notice to the parties so requesting, conduct a hearing. 

 

E.         At the hearing provided hereunder, the Code Enforcement Officer shall hear all parties, and his final determination shall be made within 10 days from the completion of the hearing. He shall then issue an order incorporating the determinations and directions contained in the notice, modifying said notice if he so deems necessary. The Code Enforcement Officer may extend the time for correction of the violations where he deems necessary. 

 

F.         In the event that the violation is not abated, removed, cured or otherwise fully remedied within the time period prescribed in the initial notice or extended time period as permitted by the Code Enforcement Officer, a summons shall then be issued against such person or persons charged with the violation.   

 

G.         Hearing officers shall be the Code Enforcement Officer, Zoning Officer and the Construction Code Official of the Borough of Englishtown. If any of those positions are vacant or occupied by the same individual, the hearing officers shall be those individuals currently serving as the foregoing officers and/or officials.

 

§2.100.9          Violations and Penalties

Any person who shall violate any of the provisions of this Article or any order promulgated hereunder shall, upon conviction, be punished by a fine not to exceed $500 or by imprisonment in the county jail for a period not to exceed 90 days, or by both such fine and imprisonment, and each violation of any of the provisions of this Article and each day that such violation shall continue shall be deemed to be a separate and distinct offense.  

ARTICLE II

    Residential Properties

 

§2.100.10        Statement of purpose

The purposes of this article are:

 

A.        To provide for the public, health, safety and welfare. 

 

B.         To avoid, prevent and eliminate the maintenance and creation of hazards to the public health and safety. 

 

C.        To avoid, prevent and eliminate conditions which, if permitted to exist or continue, will depreciate or tend to depreciate the value of adjacent or surrounding properties. 

 

D.        To prevent the creation, continuation, extension or aggravation of blight. 

 

E.         To preserve property values in the Borough of Englishtown. 

 

F.         To prevent the physical deterioration or progressive downgrading of the quality of residential dwellings in the Borough of Englishtown. 

 

G.        To maintain the value and economic health of the residential properties and business that serves and helps to support the Borough of Englishtown and its citizens. 

 

H.        To prevent and eliminate physical conditions in or on property which constitute nuisances and are thereby potentially dangerous or hazardous to the life, health or safety of persons on or near the premises where such conditions exist. 

 

I.          To establish minimum standards governing the maintenance and condition of lands, buildings, structures and premises in the Borough of Englishtown. 

 

J.          To fix responsibilities and duties upon owners, lessees, operators and occupants of property. 

 

K.        To provide for administration and enforcement for these standards. 

L.         To fix penalties for the violation of this article.  

 

§2.100.11        Definitions

For the specific purposes of this article, the following terms, whenever used herein or referred to in this article, shall have the respective meanings assigned to them hereunder unless a different meaning clearly appears from the context: 

EXTERIOR OF PREMISES  - Those portions of a building or structure which are exposed to public view or are visible from adjoining or adjacent lots, including all outside surfaces and appurtenances thereto and the open land space of any premises outside of any building or structure erected thereon.  

 

NUISANCE 

            A.            Any common law nuisance, or as provided by the laws of the State of New Jersey or ordinances of the Borough of Englishtown.

 

            B.            Any attractive nuisance which may prove detrimental to the health or safety of the public, whether in a building or on a lot. An attractive nuisance is a condition that might tend to attract minors, out of curiosity or otherwise, and pose an unreasonable risk of death or serious bodily injury to the minor. This includes, but is not limited to, the following: structurally unsound fences or structures, lumber, trash, fences or debris.  

 

            C.            Physical conditions dangerous to human life or detrimental to the health of persons on or near the premises where conditions exist.  

 

            D.            Unsanitary conditions or anything unreasonably offensive or dangerous to health or safety.  

 

            E.            Whatever, by reason of its condition and location, is likely to render air, food and/or drink unwholesome or detrimental to the health of human beings, or creates an unreasonable nuisance through odor or noise so as to deprive adjacent owners of the quiet enjoyment of their property.  

 

            F.            Fire hazards.    

 

OCCUPANT  - Any person residing, living or sleeping in or on the premises or having actual possession, use of occupancy of a dwelling premises or unit or operating a business therein, or any person or entity in possession of or using any premises or party thereof, whether or not the owner thereof and regardless of the duration of time of such possession, use or occupancy.  

 

OPERATOR  - Any person, persons or entity not the owner, who has charge, care or control of a dwelling or premises or a part thereof, with or without the knowledge, consent or authority of the owner.  

 

OWNER  - Any person, persons or entity who shall have legal or equitable title in any form whatsoever to any premises or part thereof, with or without accompanying actual possession thereof or who shall have charge, care or control of any lot, premises, building, structure or part thereof, as owner or agent of owner, or as a fiduciary, trustee, receiver, guardian, lessee or mortgagee in possession, regardless of how such possession was obtained. Any person, group of persons or entity who is a lessee, sub-lessee or assignee of a lease of any part or all of any building, structure or land shall be deemed to be a co-owner with the lessor for the purposes of this article and shall have responsibility over the portion of the premises so sublet, leased or assigned.  

 

PREMISES  - A lot, plot or parcel of land, right-of-way or multiples thereof, including the buildings or structures thereon.  

 

REFUSE or RUBBISH  - All discarded, useless, unusable, unused or worthless solid waste matter or materials, combustible or noncombustible, including but not limited to garbage; trash, ashes; paper, paper goods and products; wrappings; cans; bottles; containers; yard clippings; garden refuse; brush and containers of waste materials, chemicals or oil other than garbage containers used and intended to be picked up in the normal weekly scavenger collection service; debris; junk; glass; boxes; crockery; wood; mineral matter; plastic; rubber; leather; furniture; household goods; appliances; fixtures; bedding; scrap lumber; scrap metal; construction material; inoperable machinery or parts thereof; dead or rotting vegetation; excluding compost piles which are not otherwise prohibited in this article; abandoned, inoperative, unused or unusable automobiles and vehicles, or parts or components of automobiles, motor vehicles, motorcycles or vehicles of any kind, and solid commercial or industrial waste.  

 

§2.100.12        Effect on Other Standards; Responsibilities of Owners and Occupants 

A.            Compliance with code. 

 

(1)            Every residential building, structure, lot and the premises or part of the premises on which it is situated in the Borough of Englishtown, previously or presently used or intended to be used for dwelling and uses accessory thereto, shall comply with the provisions of this Article whether or not any such building or structure shall have been constructed, altered or repaired before or after the enactment of this Article and irrespective of any permits or licenses which may have been issued for the use or occupancy of such building or for the installation or repair of equipment or facilities prior to the effective date of this Article. Vacant lots, lands and premises are also required to comply with the provisions of this article. 

 

(2)            This Article establishes minimum standards for the initial and continued occupancy and use of all residential premises, including those occupied and used before the adoption of this Code, and does not replace or modify standards otherwise established for the construction, repair, or alteration of the residential building or premises contained therein. Where there are existing codes or standards for the use of residential premises that are more stringent than the standards contained therein, those standards are not to be deemed reduced by this Article.

 

(3)            Where the provisions of this Article impose a higher standard than is set forth in any other ordinances of the Borough or under the laws of the State of New Jersey, then the standards set forth herein shall prevail.

B.            Responsibility of owners and occupants. 

 

(1)            Owners and operators shall have all the duties and responsibilities prescribed in this Article and no owner or operator shall be relieved from any duty and responsibility or be entitled to defend against any charge of violation by reason of the fact that the occupant is also responsible and in violation thereof.

 

(2)            Occupants shall have such duties and responsibilities as are prescribed for them in this Article and shall not be relieved of any duty and responsibility or be entitled to defend against any charge of violation by reason of the fact that the owner or operator is also responsible and in violation thereof.

     

C.            Compliance with Other Ordinances - Compliance with this article shall not constitute a defense against any violation of any other ordinance of the Borough of Englishtown applicable to any structure or premises, nor shall any one act of compliance constitute a defense against any subsequent or other violation of this article.

 

D.            Compliance with the Uniform Construction Code - Any alterations to buildings, structures or appurtenances thereto, or changes of use therein, which may be caused directly or indirectly by the enforcement of this article, shall be done in accordance with all applicable sections of the New Jersey Uniform Construction Code.

 

E.         Effect of Zoning Ordinance - Nothing contained in this article or any requirement of compliance herewith shall be deemed to alter, impair or affect the application of the Zoning Ordinance or zoning laws of the Borough of Englishtown.

 

F.         Existing Remedies - Nothing in this article shall be deemed to abolish or impair existing remedies of the Borough of Englishtown or its officers or agencies relating to the removal or demolition of any buildings or structures which are deemed to be dangerous, unsafe and unsanitary. 

 

G.        Effect of Residential Property Maintenance Code - Nothing contained in this article or any requirement of compliance herewith shall be deemed to alter, impair or affect the application of Article I, Commercial and Industrial Properties, of this chapter. 

 

§2.100.13        Duties of Owner, Operators and Occupants

In furtherance of the purposes of this article, it shall be the duty and responsibility of the owner, operator or occupant of premises to comply with any or all of the requirements and standards of this article, to keep the premises free of conditions which constitute violations hereof and to promptly remove, prevent or abate such conditions. 

 

§2.100.14        Prohibited Matter, Materials and Conditions 

A.        The exterior of all premises shall be kept free of the following matter, materials and conditions: 

 

            (1)            Refuse, as hereinabove defined. 

 

            (2)            Rubbish, as hereinabove defined. 

 

(3)            Abandoned, uncovered or structurally unsound wells, shafts, towers, exterior cellar openings, basement hatchways, foundations or excavations. 

 

(4)               Abandoned, refrigerators, heaters, television sets and other similar major appliances. 

 

(5)            Structurally unsafe or unsound buildings, structures or fences or parts thereof. 

 

(6)            Rodent harborages and pest infestation: All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by an approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent re-infestation. 

 

(7)               Animal excrement piles or manure piles within 100 feet of a property line.

 

(8)            Buried refuse or rubbish. 

 

(9)            Stagnant surface or ground water accumulations which create or are likely to create mosquito or other insect breeding areas. 

 

(10)            Nuisances, as hereinabove defined. 

 

(11)            Vehicles or parts thereof, including boats and trailers, motorized or not, licensed or unlicensed, registered or unregistered, which vehicles or parts thereof are or have been junked, abandoned, dismantled or are in a state of visible disrepair for a period of more than two weeks. This subsection shall take effect only where the conditions described herein are visible from surrounding or adjoining properties.  

 

(12)           Dangerously loose and overhanging objects, including but not limited to dead trees or tree limbs, accumulations of ice or any object, natural or man-made, which could threaten the health and safety of persons if caused to fall, or other similar dangerously loose and overhanging objects which, by reason of their location above ground level, constitute an actual hazard to persons or vehicles in the vicinity thereof. 

 

(13)            Inadequate or unsafe foundations, wall, piers and columns and other similar structurally unsound, damaged or defective load-bearing components which are incapable of bearing imposed loads safely at all points. 

 

(14)            Structurally unsound, loose, dangerous, crumbling, missing, broken, rotten or unsafe exterior portions of buildings or structures, including but not limited to porches, landings, balconies, stairways, handrails, steps, walls, overhangs, roofs, fences, supporting members, timbers, abutments, fire escapes, signs or loose, crumbling or falling bricks, stones, mortar or plaster. 

 

(15)           Exterior surfaces or parts of buildings or structures containing sharp, rough or projecting surfaces or objects which might cause injury to persons coming in contact therewith.

 

(16)           Broken glass or windows; rotten, missing or substantially destroyed window frames and sashes, door frames, exterior component parts of buildings or structures. 

 

(17)            Weeds, brush, stumps, roots which are obnoxious, noxious or detrimental to public health and safety; this includes but is not limited to poison ivy, poison oak, poison sumac and ragweed growth. This shall also include dead and dying trees and limbs or other natural growth, including compost heaps or piles which, by reason of rotting or deteriorating conditions, create obnoxious odors or blighting and unsightly factors for adjoining properties or the Borough of Englishtown. Under no circumstances are compost heaps or piles permitted in front or side yards. The provision of this subsection shall not apply to farmland, pastureland, grazing land, natural or un-landscaped areas and undeveloped tracts.   

 

B.            Garbage or trash dumpsters shall not be maintained in front yards unless permitted by site plan approval from the Borough of Englishtown’s Unified Planning and Zoning Board or Borough approval for temporary construction or renovation purposes. They may be brought to the front yard if needed for collection during a period beginning on the night prior to collection and returned to the back yard within 24 hours of collection. 

 

C.        In residential zone districts and upon all properties used for residential purposes in whole or in part, parking spaces shall be on paved or gravel driveways constructed and installed and located pursuant to the provisions of the Zoning Ordinance and other applicable codes, rules and regulations of the Borough of Englishtown. Parking of motor vehicles on front lawns, yards or landscaped front yards is prohibited except for the purpose of temporary emergency or necessity not to exceed a period of 24 hours. 

 

D.        The exterior of all premises, the exterior of structures and condition of accessory structures, including fences and walls of any type, shall be kept structurally sound, in good repair and free from defect and shall be maintained so that the appearance of the premises and structures shall not constitute a blighting factor for adjoining properties or the Borough of Englishtown, such as but as but not limited to structural collapse, excessive peeling paint, graffiti, rotting, mold or decay. 

 

E.            Properties with landscaping, lawns, hedges and bushes shall be kept from becoming overgrown and unsightly where exposed to public view and from becoming a blighting factor for adjoining properties of the Borough of Englishtown. No lawn or grass shall be permitted to grow up in excess of ten (10”) inches. 

 

F.         General maintenance. The exterior of every structure or accessory structure, including signs and fences, shall be maintained in good repair. The same shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance, to the end that the property itself may be preserved, safety and fire hazards eliminated and adjoining properties and the Borough of Englishtown be protected from blighting influences.   

 

G.        Premise identification. Dwellings shall have six (6”) address numbers placed in a position to be plainly legible and visible from the street or road fronting the property.

 

H.       Protective treatment. All exterior surfaces, including but not limited to, doors and windows frames, cornices, porches, trim, balconies, decks shall be maintained in good condition. Exterior wood surfaces, other than decay- resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment.

 

I.       Temporary scaffolding or equipment: No temporary painting scaffold or other temporary equipment used for construction, repair or maintenance shall be permitted to remain in place beyond a period necessary to reasonably complete the purpose for which such equipment was intended to be used. 

 

§2.100.15        Abatement by Borough: Expense

Where abatement of any nuisance, as defined herein, correction of a defect in the premises or work necessary to place the premises in a proper condition so as to conform to ordinances of the Borough of Englishtown or applicable laws of the State of New Jersey requires expending Township monies, the Borough, Borough Engineer, Construction Official or Monmouth County Health Inspector or other duly appointed enforcement officer shall present a report of work proposed to be done to accomplish the foregoing to the Borough’s Certified Finance Officer with an estimate of the cost, along with a summary of the proceedings undertaken by the enforcement officer to secure compliance, including notices served upon the occupants, owners, operators or their agents, as the case may be. The Borough of Englishtown’s Council may thereupon, by resolution, authorize the abatement of the nuisance, correction of the defect or work necessary to place the premises in proper condition and in compliance with this Code. The Borough shall thereafter proceed to have the work performed in accordance with the resolution at the Borough’s  expense, not to exceed the amount specified in the resolution, and shall, upon completion thereof, submit a report of the monies expended and costs to the Borough of Englishtown’s Council. After review of the report, the Borough Council may approve the expenses and costs, whereupon the same shall become a lien against the premises, collectible as provided by law. A copy of the resolution approving the expenses and costs shall be certified by the Borough Clerk and filed with the Tax Collector of the Borough, who shall be responsible for the collection, and a copy of the report and resolution shall be sent by certified mail, return receipt requested, to the owner of the affected premises. 

 

§2.100.16            Enforcement Officer

The duty of administering and enforcing the provisions of this article is conferred upon the Code Enforcement Officer, Housing Official, Monmouth County Health Inspector, Borough Police, and any other duly appointed representatives. 

 

§2.100.17        Inspections

All buildings and premises subject to this article are subject to inspection by the enforcing officer of the Borough. Such inspections may not take place except with probable cause. Probable cause shall be as defined by statutory and case law regarding governmental searches of property. Probable cause shall not be required for inspections by means of viewing from a point on adjoining or public property. At the time of inspections, parts of the premises must be available and accessible for inspections, and the owner, operator and occupant are required to provide the necessary arrangements to facilitate such inspections. 

 

§2.100.18        Procedure upon Discovery of Violations

A.        Except as otherwise provided hereof, where violations of this Article or the regulations hereunder are found to exist, a written notice from the Borough of Englishtown Code Enforcement Officer shall be served on the person or persons responsible for the correction thereof. 

 

B.         Notice shall be served personally or by certified mail, addressed to the last known address of the person to be served. In the case of an occupant, notice may be posted upon the main entrance door of the building, and, in the case of an owner, the last known address shall be the address of the owner as shown in the records of the office of the Tax Collector of the Borough of Englishtown.

 

C.        The notice shall specify the violation or violations committed, what must be done to correct the same, a reasonable period of time, not to exceed 30 days, to abate the violation. 

 

D.        Within 10 days of the date of service of a notice, the notice shall constitute a final order unless any person affected by the notice requests a hearing thereon by serving a written request within the ten-day period, in person or by certified mail, on the Code Enforcement Officer. Such request for a hearing shall set forth briefly the reasons for which the request for a hearing is made and the factual matters contained in the notice of violation for which the hearing is requested. The Code Enforcement Officer, upon receipt of the request for hearing, shall, within 30 days there from and upon five days' notice to the parties so requesting, conduct a hearing. 

E.         At the hearing provided hereunder, the Code Enforcement Officer shall hear all parties, and his final determination shall be made within 10 days from the completion of the hearing. He shall then issue an order incorporating the determinations and directions contained in the notice, modifying said notice if he so deems necessary. The Code Enforcement Officer may extend the time for correction of the violations where he deems necessary. 

 

F.                  In the event that the violation is not abated, removed, cured or otherwise fully remedied within the time period prescribed in the initial notice or extended time period as permitted by the Code Enforcement Officer, a summons shall then be issued against such person or persons charged with the violation.   

 

G.         Hearing officers shall be the Code Enforcement Officer, Zoning Officer and the Construction Code Official of the Borough of Englishtown. If any of those positions are vacant or occupied by the same individual, the hearing officers shall be those individuals currently serving as the foregoing officers and/or officials. In the event of a conflict of interest with respect to any of those individuals, the hearing officers shall be those individuals serving as the foregoing officers and/or officials without a conflict of interest.

 

§2.100.19            Violations and Penalties

Any person or entity who shall violate any of the provisions of this Article or any order promulgated hereunder shall, after a summons issued under the terms hereof, upon conviction, be punished by a fine not to exceed $500.00 or by imprisonment in the county jail not to exceed 90 days, or by both such fine and imprisonment. Each violation of any of the provisions of this article each day that each such violation shall continue shall be deemed to be a separate and distinct offense. 

 

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.

 

Offered by:                   C/Carr

 

Seconded by:               C/Robilotti

           

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

                        Nays:            C/Soden

                    Abstain:            None

                     Absent:            None

 

A motion to introduce the above titled Ordinance was offered by C/Simon and seconded by C/Robilotti.

 

C/Carr

·        Page 3 under mixed use and rubbish please clarify.

 

Stuart Moskovitz

·        This definition and location applies only to commercial property.

 

C/Carr

·        Under commercial H-9 garbage cans every 100 feet, some of our sidewalks have adequate space. Are we going to mandate that a garbage can be placed on sidewalks where there is not adequate space?  This states that we have to put it in the walking area.

 

Stuart Moskovitz

·        This is only for commercial areas.  This is not your normal garbage can. This is your anti-litter campaign.

 

Mayor Reynolds

·        Can we put subject to size and area.

 

Stuart Moskovitz

·        At the end of 9 change subject to the sidewalk having adequate space.

 

C/Carr

·        Residential Properties #G not sure this should be in residential section.

 

Stuart Moskovitz

·        This is a mistake.

 

Mayor Reynolds

·        This should be changed in two places.

 

C/Carr

·        #14 on next page change to timbers.

·        Next to last page under inspections explain right to inspection from time to time by an officer.

 

Stuart Moskovitz

·        A provision has been put in that says you can only inspect with probable cause.

 

Mayor Reynolds

·        There is no set time factor.

·        Need some time frame.

 

Stuart Moskovitz

·        Will change to subject to inspection with probable cause.

 

Mayor Reynolds

·        What time will inspection be done?

 

Stuart Moskovitz

·        We will get rid of time frame and change to inspections anytime with probable cause.

C/Robilotti

·        Page 6  #5 -Temporary scaffolding or equipment, we need to be a little more specific.

 

C/Carr

·        Thanked Rick Hogan for putting this together.

 

First Reading and Introduction on Ordinance No. 2006-25 was passed on the following roll call:

 

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

 

Christine Robbins, Deputy Municipal Clerk states the Public Hearing and Adoption on Ordinance No. 2006-25 is scheduled for the December 18, 2006 Council Meeting, 7:30 p.m. at Borough Hall.

 

Borough of Englishtown

Resolution No. 2006-189

 

Appointment of Acting Municipal Clerk/

Certified Municipal Registrar

 

            Whereas, there is a vacancy within the Borough of Englishtown for the position of Registered Municipal Clerk/Certified Municipal Registrar; 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 Peter Gorbatuk of Manville, 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 Peter Gorbatuk is hereby appointed as Acting Municipal

                        Clerk/Certified Municipal Registrar for the Borough of Englishtown, effective December 1, 2006 expiring September 23, 2007.

 

2.            That said position shall be full-time, thirty-five (35) hours per week,                                     Monday – Friday 8:00 a.m. – 4:00 p.m., paid at $42,000.00 annually, payable bi-weekly per the salary ordinance.

 

3.        That said appointment is contingent upon passing a criminal background       check and fingerprinting. 

 

4.                   That the within appointment shall be contingent upon Peter Gorbatuk

undertaking the state examination for Registered Municipal Clerk and successfully passing said exam prior to September 23, 2009.

 

That the within appointment shall be contingent upon Peter Gorbatuk successfully completing course work and examination to obtain Municipal Registrar Certification prior to December 31, 2007.

 

5.                  That the said individual shall receive additional compensation of $2,000.00 to his salary after successfully obtaining the Municipal Clerk Certifications.

 

Be It Further Resolved that a certified true copy of this resolution be forwarded to the Borough's Chief Financial Officer, Municipal Clerk and Peter Gorbatuk.

 

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

               Absent:                None

              Abstain:                None

 

Borough of Englishtown

Resolution No. 2006-190

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:

Brake Repair of 1998 GMC Pickup – D.P.W.

                 Total:              $1,915.35

                                   

Purchased From:

Englishtown Automotive

14 Tennent Avenue

Englishtown, N.J.  07726

 

            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/Carr

 

C/Carr

 

C/Rucker

 

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. 2006-191

Amendment to Salary

Public Works Manager

 

            Whereas, there is currently the position of Public Works Manager within the Borough; and

 

            Whereas, said position is held by Richard D. Guffanti; and

 

Whereas, Richard D. Guffanti has successfully completed the required examination and received the Public Works Manager Certificate on April 15, 2005; and

 

            Whereas, it has been agreed that Richard D. Guffanti should receive an upward salary adjustment upon completion of said certification;

 

Now Therefore Be It Resolved that Richard D. Guffanti’s salary be increased by $2,000.00 effective January 1st, 2006.

 

Be It Further Resolved, that a true, certified copy of this resolution be forwarded to the Borough Chief Financial Officer and Richard D. Guffanti.

 

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. 2006-192

 

                       Resolution Authorizing Refund Of Payment Of Taxes Paid

 

            Whereas, the Borough of Englishtown Tax Collector has reported receiving an excess payment in the amount of $624.45 from Countrywide Tax Services Corp.;

 

            Now, Therefore, Be It Resolved, that the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey, in accordance with the request of the Tax Collector, authorize $624.45 to be refunded to Countrywide Tax Services Corp. P.O. Box 10211 Van Nuys Ca. 91499-6089, (as they paid taxes in excess of amount due); and

 

            Be It Further Resolved that a certified true copy of this resolution be forwarded to the Borough’s Tax Collector and Chief Financial Officer.

 

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. 2006-193

 

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 $318,225.19 be and

                   the same are hereby authorized to be paid on November 20, 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

 

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. 2006-194

 

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:

 

Ford Tractor Repairs – D.P.W.

                 Total:              $1,049.80

                                                                                                                       

Purchased From:

Seely Equipment & Supply

1325 Hwy 34

Farmingdale, N.J.  07727-3619

 

            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. 2006-195

 

RESOLUTION AWARDING A CONTRACT FOR IMPROVEMENTS TO HAMILTON

STREET AND IRVING PLACE, FUNDED BY THE NEW JERSEY DEPARTMENT OF

TRANSPORTATION (NJDOT) TRUST FUND

                                                                                                                     

            WHEREAS, Englishtown Borough has received a grant from the NJDOT Trust Fund in the amount of $150,000.00 for the project known as Improvements to Hamilton Street and Irving Place; and

 

            WHEREAS, the Borough advertised for bids, and received proposals on November 17, 2006 at 11:00 AM, in the Borough’s offices, for the Project; and

 

            WHEREAS, Seaview General Contracting, of Sayreville, New Jersey is determined to be the lowest responsible bidder after careful review of all of the bids submitted, with a low bid of $159,145.20 for the base bid, $2,301.00 for the Alternate Bid and $161,446.20 for the Total Bid; and

 

            WHEREAS, Seaview General Contracting’s bid is less than the engineer’s estimate:

 

            NOW THEREFORE BE IT RESOLVED, that the Borough Council awards a contract to Seaview General Contracting, Sayreville, New Jersey, in the amount of $161,446.20, the total of the base bid and the alternate bid, for the improvements to Hamilton Street and Irving Place.

 

            BE IT FURTHER RESOLVED that the award of the contract is conditioned upon the Borough Attorney’s review and approval of the bid documents and contract, NJDOT approval and certification by the Borough’s Chief Financial Officer of the availability of funds for this project.

 

            BE IT FURTHER RESOLVED that the Clerk’s Office is authorized to forward a copy of this Resolution to the Borough Attorney, the Borough Engineer, Seaview General Contracting, and the Borough’s Chief Financial Officer.

 

Offered By:                  C/Soden                                  

 

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

 

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.

 

Paul Robilotti, 51 Heritage Drive

 

C/Soden

 

C/Carr

 

Mayor Reynolds

 

Englishtown resident, name inaudible

 

Stuart Moskovitz

·        Zoning ordinance does not allow junk yards.

 

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

 

Executive Session

 

Mayor Reynolds stated pursuant to N.J.S.A. 10 4-12B be it resolved by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey as follows whereas N.J.S.A. 10 4-12B of the Open Public Meetings Act of the State of New Jersey permits exclusion of the public from those portions of the meetings in which matters authorized to be discussed in Executive Session under the cited statute will be reviewed and discussed; and

 

            Whereas, the Governing Body concludes that the public must be excluded from the discussion of the following matters of personnel and litigation.

 

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

 

Offered By:                   C/Simon   

 

Seconded By:              C/Carr  

  

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

                   Nays:        None

                Absent:         None

               Abstain:         None

 

The time being 8:11 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/Robilotti. Passed unanimously.

 

The time being 8:39 P.M.

 

Adjournment

 

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

 

The time being 8:40 P.M.

 

 February 12, 2007________                                         

Approved by Governing Body