** AGENDA **

 

October 11, 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 – June 28, 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. 2006-20 – 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”

 

9.                  New Business:

 

A.                 Ordinance No. 2006-22 – First Reading & Introduction

Amending Borough Code Book Chapter 2.89

Entitled “Littering”

 

B.         Resolution No. 2006-157

Increasing Municipal Court Change Fund

 

C.         Resolution No. 2006-158

Authorizing Redemption of Tax Sale Certificate

Block 20, Lot 5.01

 

                        D.         Resolution No. 2006-159

            Authorizing Payment of Borough Bills

 

E.         Resolution No. 2006-160

Correcting the 2006 Tax Levy

 

F.         Resolution No. 2006-161

            Approving County Project – Conover Street

 

G.                 Resolution No. 2006-162

Accepting Resignation of Assistant CFO – Janet Halasz

 

            H.         Resolution No. 2006-163

                        Authorizing Agreement with Gordon’s Corner Water Co.

 

            I.          Resolution No. 2006-164

                        Authorizing Salary Increases for Borough Employees

 

            J.          Resolution No. 2006-165

                        Appointment of Municipal Deputy Clerk – Christine Robbins

 

10.        Mr. James Mastrokalos, Water/Sewer Superintendent

Inquiry Re: standard operating procedures within the Water/Sewer Dept.

 

11.       Public Portion

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

           

            12.        Executive Session

 

            13.        Adjournment

 

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

 

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

                 Absent:  C/Rucker, C/Palmieri

 

Also present were Mayor Reynolds, Christine Robbins, Deputy Municipal Clerk, Laurie Finger, CFO, Stuart Moskovitz, Borough Attorney and Jim Mastrokalos, Water/Sewer Department Superintendent.

 

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 June 28, 2006 was offered by C/Soden and seconded by C/Simon.  Passed on the following roll call:

 

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

                      Nays:              None

                     Absent:            C/Rucker, C/Palmieri

                    Abstain:            None

 

Committee Reports

 

C/Robilotti

            Cost will be $20.00. Borough will be advertising.  This is strictly a flu vaccine  

            and not a pneumonia vaccine.

 

C/Soden

 

C/Carr

 

C/Simon

·        Resignation letter received from Janet Halasz, Assistant CFO.  Her last day will be November 1, 2006. 

·        Police Activity Report for the period of September 25th thru October 8th there were 303 total calls and 92 motor vehicle stops. There 189 routine calls for service.

 

C/Carr

·        Police negotiations are moving forward positively.  

·        Waiting on the PBA Attorney.

 

Correspondence

 

Christine Robbins, reports:

 

 

C/Carr states that Laurie Finger will be updating website.

 

 

Stuart Moskovitz states even though they have permission to stay at property there are regulations as to how the dogs have to be cared for.

 

Christine Robbins states the dogs are licensed hunting dogs that are kept outside in a covered cage.

 

 

Public Portion – Agenda Items

 

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

 

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

 

Offered By:                  C/Soden

 

Seconded By:               C/Carr

 

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

     Nays:           None

             Abstain:            None

              Absent:            C/Rucker, C/Palmieri

 

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

 

            (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. .

 

Offered By:                  C/Carr

 

Seconded By:               C/Robilotti

 

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

                        Nays:   None

                     Absent:   C/Rucker, C/Palmieri

                    Abstain:   None

 

New Business

 

BOROUGH OF ENGLISHTOWN                 FIRST READING & INTRODUCTION

ORDINANCE NO. 2006-22

 

AN ORDINANCE OF THE BOROUGH OF ENGLISHTOWN AMENDING CHAPTER 2.89 OF THE BOROUGH OF ENGLISHTOWN CODE BOOK WHICH CHAPTER IS ENTITLED “LITTERING”

 

WHEREAS, the governing body of the Borough of Englishtown recently amended Chapter 2.89 to comply with state stormwater regulations and, in so doing, inadvertently repealed certain then existing provisions of Chapter 2.89; and

 

WHEREAS, the governing body of the Borough of Englishtown determines that there exists a need for those sections and is desirous of restoring those sections to the Code of the Borough of Englishtown to protect the public health, safety and welfare of the residents of the Borough:

 

NOW THEREFORE BE IT ORDAINED by the Borough Council of the Borough of Englishtown that Chapter 2.89, Littering, of the Code of the Borough of Englishtown is hereby supplemented as follows:

 

§2.89.03          Prohibited Acts and Regulated Activities

 

3.         Litter receptacles shall be placed at the following public places within the municipality: sidewalks used by pedestrians in active commercially-zoned area, such that at a minimum there shall be no single linear quarter-mile without a receptacle; buildings held out for use by the public, including schools, government buildings, and railroads and bus stations, parks; drive-in restaurants; all street vendor locations; self-service refreshment areas; construction sites; gasoline service station islands; shopping centers; parking lots; campgrounds and trailer parks; marinas, boat moorage and fueling stations; boat launching areas; public and private piers operated for public use; beaches and bathing areas; and at special events to which the public is invited, including sporting events, parades, carnivals, circuses, and festivals. The proprietors of these places and the organizers of these events shall be responsible for providing and servicing the receptacles such that adequate containerization is available.

 

4.         It shall be unlawful to store tires in any residential zone except in a fully enclosed structure.

 

5.         It shall be unlawful to accumulate debris on or around construction sites, or store such materials in such a manner as to be likely to be removed by natural forces onto adjacent property.

 

6.         Open or overflowing commercial, industrial or residential waste disposal bins are prohibited.

7.         Every owner, lessee, tenant, occupant, or person in charge of any building or structure shall keep and cause to be kept the sidewalk and curb abutting said building or structure free from obstruction and nuisances of every kind, and shall keep said sidewalks, areaways, backyards, courts and alleys free from litter an other offensive materials.

 

8.         It shall be unlawful to sweep into or deposit into any gutter, street, catch basin, or other public place, any accumulation of litter from any public or private sidewalk or driveway. Every person who owns or occupies property within the Borough shall keep the sidewalk in front of his/her premises free of litter. All sweeping of material from within the property shall be collected and properly containerized for disposal.

 

9.         All trash receptacles shall be kept in the backyard area.

                     

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/Soden

 

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

                Nays:   None

            Abstain:   None

             Absent:   C/Rucker, C/Palmieri

 

Borough of Englishtown

Resolution No. 2006-157

 

Resolution Increasing Municipal Court Change Fund

 

WHEREAS, there is an existing Municipal Court change fund in the amount of $50.00; and

 

WHEREAS, there is a request from the Municipal Court Administrator that there is a need to increase the change fund due to the ticket volume within the Court system; and

 

WHEREAS, during the 2005 audit the Borough auditor is in agreement that the change fund should be increased;

 

NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of Englishtown that the Municipal Court Change Fund is increased to $200.00;

 

BE IT FURTHER RESOLVED, that certified copies of this resolution be forwarded to the Borough Finance Dept., the Municipal Court Administrator and the Borough Auditor.

 

Offered By:                  C/Robilotti

 

Seconded By:               C/Simon

 

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

                  Nays:         None

              Abstain:          None

               Absent:          C/Rucker, C/Palmieri

 

Borough of Englishtown

Resolution No. 2006-158

 

Resolution Authorizing Redemption of Tax Sale Certificate

 

            WHEREAS, the Borough of Englishtown Tax Collector has reported that the following Tax Sale Certificate has been sold to Crusader Servicing Corp., 179 Washington Lane, Jenkintown, PA 19046.

 

Tax Sale Certificate Number 05-00002

Block 20, Lot 5.01

11 Tennent Avenue

in the amount of $36,652.08

 

            WHEREAS, the above mentioned certificate has been paid and Crusader Servicing Corp., 179 Washington Lane, Jenkintown, PA 19046 is entitled to redemption amount of $36,652.08.

 

            NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that it hereby authorizes payment in the amount of $36,652.08 to Crusader Servicing Corp., 179 Washington Lane, Jenkintown, PA 19046.

 

            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/Robilotti

 

Seconded by:               C/Simon

 

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

                   Nays:         None

               Abstain:          None   

                Absent:          C/Rucker, C/Palmieri

 

Borough of Englishtown

Resolution No. 2006-159

 

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 $95,087.56 be and

                   the same are hereby authorized to be paid on October 11, 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/Robilotti

 

Seconded by:               C/Simon

 

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

                   Nays:         None

               Abstain:          None

                Absent:          C/Rucker, C/Palmieri

           

Borough of Englishtown

Resolution No. 2006-160

 

Resolution Correcting the 2006 Tax Levy

 

            WHEREAS, the 2006 billed taxes for the Borough of Englishtown was incorrectly calculated due to three properties not charged a Fire District Levy ; and

 

            WHEREAS, the following property taxes did not calculate correctly and need to be increased to reflect their corrected 2006 tax amounts as follows:

 

                                    Block 21, Lot 8.02

                                    18 Park Avenue

                                    Additional Fire District Tax                  $166.85

 

                                    Block 10, Lot 1.02

                                    2 Center Street

                                    Additional Fire District Tax                  $161.17

 

                                    Block 10, Lot 1.03

                                    4 Center Street

                                    Additional Fire District Tax                  $161.17

 

            NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the corrected Fire District tax levy in the 2006 Extended Duplicate is corrected to $345,322.03 and the tax collector shall issue an omitted tax bill for this correction which shall be due 25 days from the date of mailing; and

 

            BE IT FURTHER RESOLVED, that a true certified copy of this resolution be forwarded to the Borough Tax Collector, the Borough Chief Financial Officer, the Borough Administrator and the Borough Tax Assessor.

 

Offered By:                  C/Robilotti

 

Seconded By:               C/Simon

 

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

                  Nays:          None

              Abstain:           None

               Absent:           C/Rucker, C/Palmieri

 

Borough of Englishtown

Resolution No. 2006-161

 

Endorsing a Project Identified as

Improvements to the Intersection of Mount Vernon Road

High Bridge Road and Iron Ore Road

 

            WHEREAS, there has been long-standing communication between the Borough of Englishtown, the Township of Manalapan and Monmouth County with regard to roadwork in an area serving as the border of the Southern end of Englishtown and Manalapan;

 

            WHEREAS, a comprehensive program has been designed to realign, repair, and reconstruct roadways, with certain conveyances from one government agency to another with respect to those roadways; and

 

            WHEREAS, this project benefits Englishtown in that Conover Street and Railroad Avenue (County Route 527) will be significantly improved at no cost to Englishtown; and

 

            WHEREAS, in order for the County to agree to continue participation in this project, it is necessary for the Borough to endorse the project;

 

            NOW THEREFORE, BE IT RESOLVED that the Borough of Englishtown endorses in principal a project that will:

 

a.         inter alia, provide for improvements to the intersection of Conover Street and Railroad Avenue, in the Borough of Englishtown, which improvements are depicted upon certain plans entitled “Intersection Improvements at County Route 3, Tennent Road, and County Route 522, Freehold-Englishtown Road, Township of Manalapan, Monmouth County, New Jersey” prepared by CME Associates.

b.         All improvements made within the Borough limits will be subject to approval by the Borough; award of the contract will be subject to the reasonable consent of the Borough.

c.         The Borough shall have the right to final inspection and approval of the work.

d.         Performance and Payment bonds will be posted protecting the Borough.

e.         The Borough shall bear no cost for the construction, right-of-way acquisition, design, award, contract documents, permit applications, or any other facet of this improvement except to the extent they choose to engage their own employees or professionals to inspect or review.

f.          The Borough shall be held harmless and indemnified by the Township of Manalapan from and against any and all losses or damage resulting from any negligence or other action by the Township and those in its control or employ or engagement, in connection with the improvement. The Borough shall be similarly protected by the County for losses or damage resulting from the County’s activities in connection with the improvement.

 

            BE IT FURTHER RESOLVED that it is intended that if a contract is received  and/or negotiated that satisfactorily meets the Borough’s needs and interests as outlined above, it is anticipated that a further resolution approving the execution of that Contract will be passed by the Borough Council.

 

            BE IT FURTHER RESOLVED that copies of this resolution be forwarded to the Borough Administrator, the Acting Borough Clerk, the Borough Engineer and the Borough Attorney.

 

Offered By:                  C/Soden

 

Seconded By:               C/Robilotti

 

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

                 Nays:            None

             Abstain:            None

              Absent:            C/Rucker, C/Palmieri

 

Borough of Englishtown

Resolution No. 2006-162

 

Resolution Accepting the Resignation of Janet Halasz

Assistant C.F.O. of the Borough of Englishtown

 

            Whereas, Janet Halasz served as Assistant CFO in the Borough of Englishtown; and

 

            Whereas, Janet Halasz did tender her resignation to the Englishtown Borough Council from that position within the Borough of Englishtown, her last day of employment being November 1, 2006.

                       

            Now, Therefore, Be It Resolved that:

 

1.      The resignation of Janet Halasz is accepted by the Englishtown Borough Council.

           

2.      That a certified copy of this Resolution be delivered to the Chief Financial

Officer and the Borough Administrator.

 

Offered By:             C/Soden          

 

Seconded By:          C/Simon

 

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

                 Nays:     None 

               Absent:    C/Rucker, C/Palmieri

              Abstain:    None

 

Discussion Item – Water & Sewer Department Standard Operating Procedures 

 

C/Soden asks if anyone has any comments or changes to the Standard Operating Procedures.

 

Mayor Reynolds asks if we had any input from our auditor.

 

C/Soden responds yes.

 

Jim Mastrokalos, Water/Sewer Department Superintendent states

·        Billing system we now use enables us to perform in a much more sufficient manner. 

·        Last quarter water usage was abnormally low within 1%. 

·        There is always water leakage that is not accounted for.

·        Additional measures have been taken to make sure all water is accounted for as part of the new process.

 

C/Soden states our main concern is that everyone abides by the same set of rules. I personally thank Jim Mastrokalos for the great job he has been doing.

 

C/Carr asks if outflow is checked against the billing?

 

Jim Mastrokalos states he has always checked the outflow against the billing.

 

C/Carr states if you look at a bill on a commercial property and it reads no water usage should that spark concern?

 

Jim Mastrokalos states he does not look at every individual bill.

 

C/Carr states she would like assurance that a reliable person will always read meters.

 

C/Robilotti asks with Edmunds billings are you comfortable that it has enough features in it to pick up red flag.

 

Jim Mastrokalos states yes there is a usage report that we look at and we can sort by straight usage.  We also have a high/low usage report that can be compared to previous usage.

 

Mayor Reynolds states he would like to report to the public that several months ago when one of our commercial sites did not receive a bill we had to stop our involvement due to the county prosecutor being involved.  We received a letter stating there were no malfeasances.  We received a check from the nursing home for $79,000.00 after doing an analysis for backwater usage. With SOP reports in, Jim Mastrokalos giving us assurance, council members keeping tabs, and reports coming from the new system I don’t foresee any problems occurring again.  We are hoping to go forward with the new system and not having this problem occur again.

 

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.

 

Paula Kuchinski, Hamilton Street –

- Regarding water miscalculation at Liberty Manor, why did this happen?

 

Mayor Reynolds states that we have no idea why it happened.

 

C/Carr states that the prosecutors office has no way to prove who, what or how this happened.  There are safety procedures in place now.

 

Paula Kuchinski 

 

 

Stuart Maskovitz states that an estimate was sent. There were two calculations made.  One in April which was an estimate.  One in August based on later readings. 

 

Further discussion continued with Paula Kuchinski, C/Soden, and Jim Mastrokalos.

 

Paula Kuchinski

 

Mayor Reynolds states that’s not correct.

 

C/Carr states it is printed on our tax bill.

 

Stuart Moskovitz states he will look into it.

 

Joyce Stipple, Irving Place

 

C/Soden states that the tax levy resolution on tonight’s agenda refers to 3 for the fire district tax, 2 on Center Street and 1 on Park Ave.  Those three homes are $116.00 to $164.00 that needs to be changed in our books.  When we sent the money to fire district we had a bottom line for the fire district.

 

Mayor Reynolds states that we will call tax assessor tomorrow and find out how tax bill was prepared and at the next meeting we will discuss.

 

There being no further questions or comments, a motion to close the public portion was offered by C/Robilotti 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 negotiations, contractual and litigation; and

 

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

 

Offered By:                  C/Soden                          

 

Seconded By:              C/Robilotti  

 

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

                   Nays:        None

                Absent:        C/Rucker, C/Palmieri

               Abstain:        None

 

The time being 8:17 P.M.

 

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

 

The time being 10:10 P.M.

 

Borough of Englishtown

Resolution No. 2006-163

 

Resolution Authorizing the Borough of Englishtown

To Execute an Agreement with Gordon’s Corner Water Company

 

            WHEREAS, in 1999, the Borough of Englishtown was named a defendant in Elon Associates, Inc. v. Borough of Englishtown, et al (Docket No. MON-L-3127-99); and

 

            WHEREAS, the Borough of Englishtown was ordered on October 6, 2006 to enter into an Agreement with Gordon’s Corner Water Company for the purchase of 100,000 gallons per day of water to assure the provision of the approximately 25,000 gpd required by this development; and

 

            WHEREAS, the Borough intends to appeal that decision, and seek a stay of that Order; and

 

            WHEREAS, the Order required the Borough to execute this Agreement within ten days of the date of the Order, leaving insufficient time to obtain a stay from the Appellate Division:

 

            NOW THREFORE BE IT RESOLVED, that the Borough Council hereby authorizes the Mayor to execute an Agreement with Gordon’s Corner Water Company for the purchase of a minimum 100,000 gpd of water, which minimum will be applicable upon completion of the development, and which agreement contains a provision that if the Order of the Court is reversed, the Agreement will be nullified.

 

            BE IT FURTHER RESOLVED that the Clerk’s Office is authorized to forward a copy of this Resolution to the Borough Attorney, Borough Engineer and Borough Water Director.

 

Offered By:                  C/Soden

 

Seconded By:               C/Robilotti

 

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

                 Nays:           None

             Abstain:            None

              Absent:           C/Rucker, C/Palmieri

 

Borough of Englishtown

 

 

 

 

Resolution No. 2006-164

 

 

 

 

 

 

 

 

Designation of Salaries

 

 

 

 

 

 

 

 

Whereas, the Mayor and Council of the Borough of Englishtown adopted

an Ordinance entitled  "An Ordinance  establishing limits for salaries of the Employees

in the Borough of Englishtown, County of Monmouth, State of New Jersey”; and

 

 

 

 

 

 

 

Whereas, said salaries provided certain ranges for the positions set forth; and

 

 

 

 

 

 

 

Now, Therefore, Be It Resolved that it is the determination of the Mayor

and Council of the Borough of Englishtown that annual salaries for said positions shall be fixed

as follows for the year 2006 unless otherwise indicated.

 

 

 

 

 

 

Position

 

 

 

Salary

 

 

 

 

 

 

 

Governing Body

 

 

 

 

 

 

Mayor

 

 $     2,750.00

 

 

 

Council

 

 $     2,500.00

 

 

 

 

 

 

 

Municipal Clerk

Julie Martin

thru 9/22/06

 $   39,070.67

 

 

 

 

 

 

 

Deputy Municipal Clerk

Lynn Tillman

thru 3/8/06

 $   25,116.00

 

 

 

 

 

 

 

Deputy Municipal Clerk

Rhoda Overgard

3/2/06-9/27/06

$    24,000.00

 

 

 

 

 

 

 

Deputy Municipal Clerk p/t

Christine Robbins

effective 10/12/06

 $          13.50

per hour

 

 

 

 

 

 

Clerk Typist

Christine Robbins

thru 10/11/06

 $          12.00

per hour

 

 

 

 

 

 

Business Administrator

Laurie Finger

 

 $   20,800.00

 

 

 

 

 

 

Chief Financial Officer

Laurie Finger

 

 $   20,800.00

 

 

 

 

 

 

 

Assistant CFO

Janet Halasz

thru 11/1/06

 $   33,499.28

 

 

 

 

 

 

 

Court

Magistrate

Judge Newman

 

 $   15,600.00

 

 

 

 

 

 

 

 

Court Clerk

Pat Wojnas

 

 $   41,316.91

 

 

 

 

 

 

 

 

Deputy Court Clerk

Rhoda Overgard

thru 3/1/06

 $   23,920.00

 

 

 

 

 

 

 

 

Deputy Court Clerk

Dianne Koellner

3/20 thru 6/18/06

 $   19,110.00

 

 

 

 

 

 

 

 

Deputy Court Clerk

Dianne Koellner

Effective 6/19/06

 $   20,020.00

 

 

 

 

 

 

 

 

Deputy Clerk

Mary Kennedy

 

 $           10.40

per hour

 

 

 

 

 

 

Dept. Public Works

 

 

 

 

 

Supervisor

Rick Guffanti

 

 $   41,810.50

 

 

 

 

 

 

 

Dept. Public Works

Rob Ebbe

 

 $           12.04

per hour

 

 

 

 

 

 

Dept. Public Works

Kurt Knapp

 

 $           11.47

per hour

 

 

 

 

 

 

Dept. Public Works

Wayne Krawiec

 

 $           11.47

per hour

 

 

 

 

 

 

Water Department

 

 

 

 

 

Supervisor

Jim Mastrokalos

 

 $   12,642.08

 

 

 

 

 

 

 

Water Department

 

 

 

 

 

Clerk

Gina Frangipane

thru 1/20/06

 $   14,690.00

 

 

 

 

 

 

 

 

Clerk

Celia Hecht

effective 1/12/06

 $   12,000.00

 

 

 

 

 

 

 

Sewer Department

 

 

 

 

 

Supervisor

Jim Mastrokalos

 

 $   12,642.08

 

 

 

 

 

 

 

Sewer Department

 

 

 

 

 

Clerk

Gina Frangipane

thru 1/20/06

 $   14,690.00

 

 

 

 

 

 

 

 

Clerk

Celia Hecht

effective 1/12/06

 $   12,000.00

 

 

 

 

 

 

 

Recycling Coordinator

Rick Guffanti

 

 $     1,089.82

 

 

 

 

 

 

 

Construction Office

 

 

 

 

 

Director of Code Enforcement

Rick Hogan

 $     8,714.16

 

 

Construction Official

 

 $     5,962.32

 

 

Fire Sub-Code Official

 

 $     5,962.32

 $20,638.80

 

 

 

 

 

 

 

Building Sub-Code Official

John Marini

 $     5,962.32

 

 

Housing Inspector

 

 $     5,962.32

 $11,924.64

 

 

 

 

 

 

 

Assistant Housing Inspector

Heather Dettra

 $     5,678.40

 

 

 

 

 

 

 

 

Plumbing Inspector

Gene Ferry

 $     8,875.78

 

 

 

 

 

 

 

 

Electrical Inspector

Victor Timpanero

 $     6,969.14

 

 

 

 

 

 

 

 

Construction Clerk

Bette Lasker

 $           17.20

per hour

 

 

 

 

 

 

 

Fire Official/Inspector

Ed Miller

 $     7,507.50

 

 

Code Enforcement Officer

 

 $     5,004.64

 $12,512.14

 

 

 

 

 

 

 

Assistant Code Enforcement/Zoning Officer

 $     4,697.78

 

 

P/T Fire Inspector

Ralph Kirkland

 $     1,327.87

 $   6,025.66

 

 

 

 

 

 

Tax Department

 

 

 

 

 

Tax Assessor

Mike Ross

 

 $     7,496.58

 

 

 

 

 

 

 

 

Tax Assessor

Sharon Hartman

 

 $     8,000.00

 

 

 

 

 

 

 

 

Tax Collector

Janice Garcia

 

 $     9,360.00

 

 

 

 

 

 

 

Planning/Zoning Bd.

 

 

 

 

 

Secretary

Heather Dettra

 

 $           17.20

per hour

 

 

 

 

 

 

Emergency Management

 

 

 

 

 

Coordinator

Pete Cooke III

 

 $     1,011.19

 

 

 

 

 

 

 

Police Department

 

 

 

 

 

Chief

John Niziolek

 

 $   73,597.85

 

 

 

 

 

 

 

Offered  By:               C/Soden

 

Seconded by:            C/Simon

 

Roll Call:

Ayes:       C/Soden, C/Simon, C/Carr, C/Robilotti

 

Nays:       None

 

Abstain:   None

 

Absent:    C/Rucker, C/Palmieri

 

Offered By:                  C/Soden

 

Seconded By:               C/Simon

 

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

                 Nays:   None

             Abstain:            None

              Absent:            C/Rucker, C/Palmieri

 

Borough of Englishtown

Resolution No. 2006-165

 

Appointment of Deputy Municipal Clerk/

Deputy Registrar

 

            Whereas, there is a vacancy within the Borough of Englishtown for the position of Deputy Municipal Clerk/Deputy 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 Christine Robbins, Englishtown, 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 Christine Robbins is hereby appointed as Deputy Municipal

                        Clerk/Deputy Registrar for the Borough of Englishtown, effective October 12, 2006 until                  December 31, 2006.

 

2.      That said position shall be part-time, twenty five (25) hours per week, paid at $13.50 per hour, payable bi-weekly per the salary ordinance.

 

3.      Said appointment shall have a ninety (90) day probation period commencing January 12, 2007, at which time work performance shall be evaluated and salary reviewed.

 

4.           That the within appointment shall be contingent upon Christine Robbins

undertaking the appropriate course work and examinations so as to

successfully obtain the Municipal Clerk and Municipal Registrar

Certifications.  Course work to commence in the Spring of 2006.  Courses

are to be taken at a rate of one course minimum each Spring and Fall,

with an anticipated State Examination date for RMC Certification being

Fall 2009.  CMR Examination/Certification is expected during 2007.

 

5.      That the said individual shall receive additional compensation to her salary after successfully obtaining the Municipal Clerk and the Municipal Registrar Certifications. 

 

            6.            Shall be under the direction of the Municipal Clerk/Municipal Registrar.

 

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

 

Offered by:              C/Simon

 

Seconded by:          C/Soden

 

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

                 Nays:      None 

               Absent:     C/Rucker, C/Palmieri

              Abstain:     None

 

Adjournment

 

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

 

The time being 10:17 P.M.

 

 January 10, 2007__________                                         

Approved by Governing Body