** AGENDA **

 

January 4, 2010

 

7:30 P.M.

 

Reorganization Meeting of the Mayor and Council of the Borough of Englishtown,

15 Main Street, Englishtown, New Jersey 07726. 

 

1.         Meeting Called to Order

 

2.         Oath of Office

                       

                                    Lori Cooke, Council                                    3-Year Term

                                    Maryanne Krawiec, Council                         3-Year Term

                                    Gregory Wojyn, Council                              1-Year Unexpired Term

                                         

3.         Roll Call  

 

4.                  Statement of Compliance with Sunshine Law

 

5.                  Moment of Silence and Salute to the Flag.

 

6.         Open Public Portion/Limited to Agenda Items Only

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

                      

7.         Nominations for Council President

                       

8.                  Mayor’s Appointments: Unified Planning/Zoning Board

Class II, Official Wayne Krawiec        1 Yr Term - Exp.12/31/10

Class IV Public Joyce Stipple              4 Yr Term - Exp.12/31/13

            Class IV Public Ron Medeiros             4 Yr Term - Exp.12/31/13

            Class IV Public Jerry Leonardis           4 Yr Term - Exp.12/31/13

Alternate No. 1  Kathy Bien                2 Yr Term - Exp.12/31/11

Alternate No. 2  Vacant                      2 Yr Term - Exp.12/31/11

 

9.         Reorganization Business – Consent Agenda

 

All items listed under agenda item number 9 are considered to be routine by the Borough Council and will be enacted by one motion. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately.

 

PROFESSIONAL/MUNICIPAL APPOINTMENTS:

 

Resolution 2010-001       Municipal Appointments

Resolution 2010-002      Appointment of Tax Collector

Resolution 2010-003      Appointment of Recycling Coordinator

Resolution 2010-004      Appointment of Borough Engineer

Resolution 2010-005      Appointment of Borough Attorney

Resolution 2010-006      Appointment of Bond Counsel

Resolution 2010-007      Appointment of Borough Auditor

Resolution 2010-008      Appointment of Prosecutor

Resolution 2010-009      Appointment of Co-Prosecutor

Resolution 2010-010      Appointment of Public Defender

Resolution 2010-011      Appointment of Co–Public Defender

Resolution 2010-012      Appointment of Englishtown Development Committee

Resolution 2010-013      Appointment of Cross-Acceptance Rep. & Alternate

Resolution 2010-014      Appointment of CD Citizens Representative

Resolution 2010-015      Appointment of Local Compliance Officer and Affirmative Action Officer

Resolution 2010-016      Appointment of Borough Historian

 

10.       Oath of Office:  Joseph D. Youssouf, Borough Attorney – 1 yr. term

 

11.       Reorganization Business – Individual Roll Call

 

Resolution No. 2010-017 - Designating Meeting Dates

 

Resolution No. 2010-018 - Designating Official Newspapers

 

Resolution No. 2010-019 - Establishing Official Rules of Conduct

 

Resolution No. 2010-020 - Establishing Council Salaries Rules

 

Resolution No. 2010-021 – Authorizing 2010 Employee Holiday Schedule                     

 

Resolution No. 2010-022 – Designating Depositories                

 

Resolution No. 2010-023 - Prompt Payment of Taxes and Interest Rates               

 

Resolution No. 2010-024 – Authorizing Filing of Recycling Tonnage Grant

 

Resolution No. 2010-025 – Appointment of Class III Member/UPZB           

 

Resolution No. 2010-026 – 2010 Temporary Operating Budget

 

Resolution No. 2010-027 - Authority To Borough CFO to Prepay Selective Bills

 

Resolution No. 2010-028 – 2010 Debt Service Budget

 

Resolution No. 2010-029 - Authorizing to Maintain Petty Cash Funds

 

            Resolution No. 2010-030 - Authorizing 2010 Organizational Chart

 

Resolution No. 2010-031 – Establishing Investment Policy  

 

Resolution No. 2010-032 - Resolution to Cancel Small Tax Balances

 

Resolution No. 2010-033 - Authorizing Emergency Purchases by Dept. Heads up

                                            to $100.00 with B.A. Approval

 

Resolution No. 2010-034 - Englishtown Police Dept- Special Duty Assignment Fees

 

Resolution No. 2010-035 - Support & Participation in the Volunteer Tuition Credit Program

 

Resolution No. 2010-036 – Authorizing Approval of Personnel Policy for CY2010

 

Resolution No. 2010-037 - Appointment of Police Commissioner

 

Resolution No. 2010-038 - Appointment of Police Commission

 

Resolution No. 2010-039 – Committee Assignments

 

12.       Mayor’s Appointments of Council Committee Assignments

                       

13.       Old Business

 

            A.        Ordinance No. 2009-17 – Public Hearing & Adoption

Addressing the Requirements of COAH regarding Compliance with the Municipality’s Prior Round and Third Round Affordable Housing Obligation

 

            B.        Ordinance No. 2009-18 – Public Hearing & Adoption

            Establishing Limits for Salaries of Borough Employees

 

14.       New Business

 

            A.        Ordinance No. 2010-01 – First Reading & Introduction

Amending & Supplementing Chapter 1.35 of the Code of the Borough of Englishtown, Entitled “Municipal Court”, Establishing Title of Violations Clerk

 

            B.        Resolution No. 2010-040

Adopting & Implementing an Affirmative Fair Housing Marketing Plan for Affordable Housing

 

            C.        Resolution No. 2010-041

Authorizing Mayor and Municipal Clerk to Execute Service Agreement with the Monmouth County Board of Chosen Freeholders for the Administration of Englishtown’s Mount Laurel Indigenous Need Rehabilitation Program

 

D.        Resolution No. 2010-042

Authorizing Approval of Department Requisitions

 

E.         Resolution No. 2010-043

                        Authorizing Payment of Borough Bills

 

15.       Public Portion

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

 

16.       Executive Session

                             

17.       Adjournment

 

The meeting was called to order by Mayor Reynolds at 7:32 P.M.

 

Oath of Office

 

Mayor Reynolds administered Oath of Office to newly elected officials, Councilwoman Lori Cooke, Councilwoman.Maryanne Krawiec, Councilman Gregory Wojyn and Borough Attorney Joseph Youssouf.

 

Roll Call:  Present:  C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                Absent:   None

 

Also present were Peter Gorbatuk, Municipal Clerk, Laurie Finger, Borough Administrator and Joseph Youssouf, Borough Attorney.

 

Mayor Reynolds stated pursuant to N.J.S.A. 10 4-6 notification of this meeting has been (1) Published in the Asbury Park Press and 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.

 

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

 

 Nominations for Council President       

 

Mayor Reynolds requested nomination for Council President at which time Cindy Robilotti was nominated by C/Krawiec and seconded by C/Cooke. 

 

A motion to nominate Rudy Rucker was offered by Mayor Reynolds and seconded by C/Carr.

 

There were no further nominations.  A motion to appoint Cindy Robilotti as Council President was passed on the following roll call:

 

Roll Call:     Ayes:    C/Cooke, C/Krawiec, C/Robilotti, C/Wojyn         

                   Nayes:  C/Carr

                  Absent:  None

                 Abstain:  C/Rucker

 

Mayor’s Appointments: Unified Planning/Zoning Board

 

Mayor Reynolds advised the following appointments for the Unified Planning and Zoning Board.

 

Class II, Official Wayne Krawiec        1 Yr Term - Exp.12/31/10

Class IV Public Joyce Stipple              4 Yr Term - Exp.12/31/13

            Class IV Public Ron Medeiros             4 Yr Term - Exp.12/31/13

            Class IV Public Jerry Leonardis           4 Yr Term - Exp.12/31/13

Alternate No. 1  Kathy Bien                2 Yr Term - Exp.12/31/11

Alternate No. 2   Vacant                      2 Yr Term - Exp.12/31/11

 

Reorganization Business – Consent Agenda

Professional/Municipal Appointments

 

Resolutions 2010-001 through Resolution 2010-016 were done under consent agenda.

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-001

 

MUNICIPAL APPOINTMENTS

 

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown that the following appointments are hereby confirmed for the year 2010:

 

Official Assessment Search Officer                            Peter Gorbatuk

 

ADA Coordinator                                                     Peter Gorbatuk

 

Borough Administrator                                               Laurie Finger

           

Deputy Municipal Clerk                                             Christine Robbins

 

Municipal Court Administrator                                    Rosemary O’Donnell

 

Deputy Court Administrator/Part Time                        Diane Koellner

                                   

Deputy Court Administrator/Part Time                        Mary Kennedy

 

Water/Sewer Clerk                                                    Celia Hecht

 

Tax Clerk                                                                   Celia Hecht

                                                                                                

Planning Board Secretary                                            Celia Hecht

 

Municipal Housing Liaison                                           Celia Hecht

 

Finance Clerk                                                             Jeanne Keevins

                                   

Water/Sewer Superintendent                                      James Mastrokalos

 

Borough Physician                                                      Dr. Kenneth Faistl

 

Public Works Manager                                               Richard Guffanti

 

Public Works Employee                                             Wayne Krawiec

 

Clean Communities Worker/Part Time                        Stanley Matthews

                                   

Clean Communities Representative                              Peter Gorbatuk

 

Housing Inspector                                                        John Marini

 

Fire Official/Inspector                                                 Edward M. Miller III

Code Enforcement Officer                                          Edward M. Miller III       

 

Asst. Fire Inspector                                                   Ralph Kirkland

Asst. Code Enforcement Officer

Zoning Officer

 

BE IT FURTHER RESOLVED that said appointments shall be in accordance with any existing laws or policies regulating said office.

 

BE IT FURTHER RESOLVED that the salary for each employee shall be at the rate as set forth by the salary Ordinance as adopted by the Governing Body.

 

Offered by:                   C/Robilotti      

 

Seconded by:               C/Carr

 

Roll Call:            Ayes:    C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                        Nays:      None

                     Absent:      None

                    Abstain:      None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-002

 

APPOINTMENT OF TAX COLLECTOR

 

WHEREAS, the appointment within the Borough of Englishtown of Tax Collector has expired on December 31, 2009; and

 

WHEREAS, currently the position is held by Janice Garcia of Freehold, N.J who is a Certified Tax Collector, Certificate Number T1476; and

 

WHEREAS, it is the recommendation of the Mayor and Council of the Borough of Englishtown to reappoint Janice Garcia for a four (4) year term as Municipal Tax Collector commencing January 1, 2010 expiring on December 31, 2013 pursuant to N.J.S.A.40A:9-142.

 

            NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown that Janice Garcia be reappointed to the position of Municipal Tax Collector, pursuant to N.J.S.A. 40A:9-140.10, for the Borough of Englishtown, commencing on January 1, 2010 and expiring on December 31, 2013.

 

            BE IT FURTHER RESOLVED that a certified copy of this resolution will be supplied to Janice Garcia, the Borough's Chief Financial Officer, the Borough’s Business Administrator and the Borough Attorney.

 

Offered by:                   C/Robilotti      

 

Seconded by:               C/Carr

 

Roll Call:            Ayes:    C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                        Nays:      None

                     Absent:      None

                    Abstain:      None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-003

 

APPOINTMENT OF RECYCLING COORDINATOR

 

WHEREAS, there is a need for the position of Recycling Coordinator in the Borough of Englishtown; and

 

NOW, THERFORE, BE IT RESOLVED by the Governing Body of the Borough of Englishtown as follows:

 

1.      That Richard Guffanti is hereby appointed as Recycling Coordinator of the Borough of Englishtown and appointment shall be effective this date through December 31, 2010.

2.      That certified copy of this Resolution shall be provided by the Borough Clerk to the Chief Financial Officer, Richard Guffanti, and the Monmouth County Office of Recycling.

 

Offered by:                   C/Robilotti      

 

Seconded by:               C/Carr

 

Roll Call:          Ayes:    C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                        Nays:    None

                     Absent:   None

                    Abstain:   None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-004

 

APPOINTMENT OF BOROUGH ENGINEER

   

WHEREAS, the Mayor and Council of the Borough of Englishtown is knowledgeable that there is a need for the appointment of an Engineer to perform Engineering Services as may be required by Council; and

 

             WHEREAS, The Local Public Contract Law (N.J.S.A. 40:11-1-Et Seq) requires that the Resolution authorizing the appointment of an Engineer, for "Professional Service" without competitive bids must be publicly advertised;

 

WHEREAS, by the Mayor and Council of the Borough of Englishtown as follows:

 

1.   Thomas Herits, P.E., P.P. firm of Maser Consulting be appointed as the Borough Engineer for the Borough of Englishtown for a term of one year terminating December 31, 2010, subject to contract approval.

 

2.   The said party appointed above during the term of their appointment shall provide such Engineering Services as may be required by the Borough Council under and pursuant to law and shall submit vouchers for payment in a timely manner as well as project outlines, cost estimates and any other relevant material prior to submitting a work proposal to Borough Council.

 

3.  The Borough Clerk shall cause notice of the passage of this Resolution of Appointment to be published in the official newspapers of the Borough of Englishtown in accordance with the Local Public Contracts Law.

 

Offered by:                   C/Robilotti      

 

Seconded by:               C/Carr

  

Roll Call:        Ayes:    C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                      Nays:   None

                     Absent:  None

                    Abstain:  None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-005

 

APPOINTMENT OF BOROUGH ATTORNEY

 

WHEREAS, the Council of the Borough of Englishtown is knowledgeable that there is a need for the appointment of an Attorney to advise the Council of legal matters; and

 

WHEREAS, the Local Public Contract Law (N.J.S.A. 40:11-1-et seq.) requires that the Resolution authorizing the appointment of an Attorney for "Professional Services" without competitive bids must be publicly advertised:

 

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown as follows:

 

1.  Joseph Youssouff  be appointed as the Borough Attorney for the term of one year terminating December 31, 2010, subject to contract approval.

 

2. The said party be appointed above during the term of their appointment shall provide such legal services as may be approved by the Borough Council under and pursuant to law.

 

3.  The Borough Clerk shall cause notice of the passage of this Resolution of Appointment to be published in the official newspapers of the Borough of Englishtown in accordance with the Local Public Contracts Law.

 

Offered by:                   C/Robilotti      

 

Seconded by:               C/Carr

 

Roll Call:            Ayes:    C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                        Nays:      None

                     Absent:      None

                    Abstain:      None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-006

 

APPOINTMENT OF BOND COUNSEL

 

WHEREAS, The Council of The Borough of Englishtown is knowledgeable that there is a need for the appointment of a Bond Counsel to advise the council of legal matter; and

 

WHEREAS, the Local Public Contract (N.J.S.A. 40:11-1-et Seq.) requires that the Resolution authorizing the appointment of a Bond Counsel for "Professional Services" without competitive bids must be publicly advertised;

 

NOW, THEREFORE BE IT RESOLVED by the Council of the Borough of Englishtown as follows:

 

1. John Cantalupo, Esq. of the firm Wilentz, Goldman & Spitzer be appointed as the Borough Bond Counsel for the term of one year terminating December 31, 2010, subject to contract approval.

 

2. The said party appointed above during the term of their appointment shall provide such legal services as may be approved by the Borough Council under and pursuant to law.

 

3. The Borough Clerk shall cause notice of the passage of this Resolution of Appointment to be published in the official newspapers of the Borough of Englishtown in accordance with the Local Public Contracts Law.

 

Offered by:                   C/Robilotti      

 

Seconded by:               C/Carr

 

Roll Call:            Ayes: C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                        Nays:   None

                     Absent:   None

                    Abstain:   None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-007

 

APPOINTMENT OF BOROUGH AUDITOR

 

WHEREAS, the Council of the Borough of Englishtown is knowledgeable that there is a need for the appointment of an Auditor to advise the Council of financial matters; and

 

            WHEREAS, The Local Public Contract Law (N.J.S.A. 40:11-1-Et Seq.) requires that the Resolution authorizing the appointment of an Auditor, for "Professional Service" without competitive bids must be publicly advertised;

 

              NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Englishtown as follows:

 

1. Eugene Farrell, firm of Hutchins, Farrell, Meyer & Allison be appointed as Borough Auditor for the Borough Of Englishtown for a term of one year terminating December 31, 2010, subject to contract approval.

  

2.  The said party be appointed above during the term of their appointment shall provide such financial services as may be approved by the Borough Council under and pursuant to law.  That said appointment is subject to contract approval.

 

3.  The Borough Clerk shall cause notice of the passage of this Resolution of Appointment to be published in the official newspapers of the Borough of Englishtown in accordance with the Local Public Contracts Law.

 

Offered by:                   C/Robilotti      

 

Seconded by:               C/Carr

 

Roll Call:            Ayes:    C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                        Nays:     None

                     Absent:     None

                    Abstain:     None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-008

 

APPOINTMENT OF PROSECUTOR

 

WHEREAS, the Council of the Borough of Englishtown is knowledgeable that there is a need for the appointment of a Prosecutor for the Municipal Court; and

 

WHEREAS, the Local Public Contract Law (N.J.S.A. 40:11-1-et seq.) requires that the Resolution authorizing the appointment of a Prosecutor for "Professional Services" without competitive bids must be publicly advertised:

 

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Englishtown as follows:

 

1.  Richard Kelly is appointed Prosecutor for the Municipal Court of the Borough Of Englishtown for a term of one (1) year terminating December 31, 2010, subject to contract approval.

 

2. The said party be appointed above during the term of their appointment shall provide such legal services as may be required by the Borough Council under and pursuant to law.

 

3. That notice of this appointment Resolution, certified to be true copy by the Clerk shall be published in an official newspaper of the Borough as required by law, within ten (10) days of the adoption, and forwarded to the appointee and the Borough's Chief Financial Officer.

 

Offered by:                   C/Robilotti      

 

Seconded by:               C/Carr

 

Roll Call:         Ayes:    C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                      Nays:     None

                     Absent:   None

                    Abstain:   None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-009

 

APPOINTMENT OF CO-PROSECUTOR

 

WHEREAS, the Council of the Borough of Englishtown is knowledgeable that there is a need for the appointment of a Co-Prosecutor for the Municipal Court; and

 

                 WHEREAS, the Local Public Contract Law (N.J.S.A. 40:11-1-et seq.) requires that the Resolution authorizing the appointment of a Co-Prosecutor for “Professional Services” without competitive bids must be publicly advertised;

 

1.      Kathleen A. Sheedy, Esq., is appointed Co-Prosecutor for the Municipal Court of the Borough of Englishtown effective immediately and terminating December 31, 2010, subject to contract approval.

 

2.      The said party be appointed above during the term of their Appointment shall provide such legal services as may be approved by the Borough Council under and pursuant to law.  That said appointment shall be subject to contract approval.

 

3.      That notice of this appointment Resolution, certified to be true copy by the Clerk shall be published in an official newspaper of the Borough of Englishtown as required by law, within ten (10) days of the adoption, and forwarded to the appointee and the Borough’s Chief Financial Officer.

 

Offered by:                   C/Robilotti      

 

Seconded by:               C/Carr

 

Roll Call:         Ayes:    C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                        Nays:  None

                     Absent:   None

                    Abstain:   None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-010

 

APPOINTMENT OF PUBLIC DEFENDER

 

WHEREAS, the Council of the Borough of Englishtown is knowledgeable that there is a need for the appointment of a Public Defender for the Municipal Court; and

 

WHEREAS, the Local Public Contract Law (N.J.S.A. 40:11-1-et seq.) requires that the Resolution authorizing the appointment of a Public Defender for "Professional Services" without competitive bids must be publicly advertised:

 

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Englishtown as follows:

 

1.  Susan Schroeder Clark is appointed Public Defender for the Municipal Court of the Borough Of Englishtown for a term of one (1) year terminating December 31, 2010, subject to contract approval.

 

2. The said party be appointed above during the term of their appointment shall provide such legal services as may be required by the Borough Council under and pursuant to law.

 

3. That notice of this appointment Resolution, certified to be true copy by the Clerk shall be published in an official newspaper of the Borough as required by law, within ten (10) days of the adoption, and forwarded to the appointee and the Borough's Chief Financial Officer.

 

Offered by:                   C/Robilotti      

 

Seconded by:               C/Carr

 

Roll Call:            Ayes:  C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                        Nays:    None

                     Absent:    None

                    Abstain:    None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-011

 

APPOINTMENT OF CO-PUBLIC DEFENDER

 

WHEREAS, the Council of the Borough of Englishtown is knowledgeable that there is a need for the appointment of a Co-Public Defender for the Municipal Court; and

 

WHEREAS, the Local Public Contract Law (N.J.S.A. 40:11-1-et seq.) requires that the Resolution authorizing the appointment of a Co-Public Defender for "Professional Services" without competitive bids must be publicly advertised:

 

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Englishtown as follows:

 

1.  Charles F. Clark, Jr. is appointed Co-Public Defender for the Municipal Court of the Borough Of Englishtown for a term of one (1) year terminating December 31, 2010, subject to contract approval.

 

2. The said party be appointed above during the term of their appointment shall provide such legal services as may be required by the Borough Council under and pursuant to law.

 

3. That notice of this appointment Resolution, certified to be true copy by the Clerk shall be published in an official newspaper of the Borough as required by law, within ten (10) days of the adoption, and forwarded to the appointee and the Borough's Chief Financial Officer.

 

Offered by:                   C/Robilotti      

 

Seconded by:               C/Carr

 

Roll Call:          Ayes:    C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                        Nays:   None

                     Absent:   None

                    Abstain:   None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-012

 

APPOINTMENT OF ENGLISHTOWN DEVELOPMENT COMMITTEE

 

            WHEREAS, the Mayor and Council of the Borough of Englishtown found a need for the Borough to have a Development Committee in January 2007; and

 

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown that the volunteers listed below are hereby appointed to the Borough of Englishtown Development Committee for the year 2010. 

           

                                    Jayne Carr

                                                Cindy Robilotti

                                                Joyce Stipple

                                                Liz Canario

                                                Lori Cooke

                                                Ralph Kirkland

           

BE IT FURTHER RESOLVED, that a certified true copy of this Resolution be forwarded to each volunteer.

 

Offered by:                   C/Robilotti      

 

Seconded by:               C/Carr

 

Roll Call:            Ayes:    C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                        Nays:      None

                     Absent:      None

                    Abstain:      None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-013

 

APPOINTMENT OF CROSS-ACCEPTANCE REPRESENTATIVE AND ALTERNATE

 

NOW, THEREFORE BE IT RESOLVED that the following named person is hereby appointed as Cross Acceptance representative for The Borough of Englishtown

 

Representative- Thomas Herits, Borough Engineer

Alternate- Peter Gorbatuk, Municipal Clerk

 

BE IT FURTHER RESOLVED that said person shall serve in the capacities indicated effective immediately and terminating December 31, 2010; and

 

BE IT FURTHER RESOLVED that Thomas Herits and Peter Gorbatuk shall serve without benefit or remuneration.

 

Offered by:                   C/Robilotti      

 

Seconded by:               C/Carr

 

Roll Call:            Ayes:    C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                        Nays:     None

                     Absent:     None

                    Abstain:     None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-014

 

APPOINTMENT OF CD CITIZENS REPRESENTATIVE

 

WHEREAS, it is necessary to appoint a Citizen's Representative Group for continued participation in the Community Development Grant Program for fiscal year 2010 funding.

 

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Englishtown that the following named person be and is hereby appointed to the Monmouth County Community Development Grant Program for the year 2010:

 

CD-Representative:   Peter Gorbatuk

Co-Representative:  Thomas Herits

 

BE IT FURTHER RESOLVED that a certified copy of this Resolution be sent to the above named, the Borough Engineer and The Monmouth County Community Development Office.

 

Offered by:                   C/Robilotti      

 

Seconded by:               C/Carr

 

Roll Call:         Ayes:    C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                        Nays:  None

                     Absent:  None

                    Abstain:  None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-015

 

APPOINTMENT OF LOCAL COMPLIANCE OFFICER AND AFFIRMATIVE ACTION OFFICER

 

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Englishtown that Peter Gorbatuk is hereby appointed as Local Compliance Officer and Affirmative Action Officer for the Borough of Englishtown for the year 2010; and

 

BE IT FURTHER RESOLVED that a copy of this Resolution be sent to the Affirmative Action Office of the State of New Jersey.

 

Offered by:                   C/Robilotti      

 

Seconded by:               C/Carr

 

Roll Call:            Ayes:    C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                        Nays:      None

                     Absent:       None

                    Abstain:       None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-016

 

APPOINTMENT OF BOROUGH HISTORIAN

 

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown that Lori Cooke is hereby appointed as the Englishtown Borough Historian for the year 2010:

 

BE IT FURTHER RESOLVED, that a certified true copy of this Resolution be forwarded to Lori Cooke.

 

Offered by:                 C/Robilotti      

 

Seconded by:              C/Carr

 

Roll Call:            Ayes:    C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                        Nays:      None

                     Absent:      None

                    Abstain:      None

 

Reorganization Business – Individual Roll Call

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-017

 

DESIGNATING MEETING DATES

 

BE IT RESOLVED by the Council of the Borough of Englishtown that the following meetings will be held in the Englishtown Municipal Building, 15 Main Street, Englishtown, New Jersey for the year 2010:

 

            January             27                                July                 28

February           24                               August             25

            March              24                                September       22

            April                 28                                October           27

            May                 26                                November        22 (Mon.)

June                 23                                December         13 (Mon.)

 

             BE IT FURTHER RESOLVED that the above meetings will be called to order at 7:30 P.M.; and

 

            That a copy of this Resolution will be posted by the Clerk on the public bulletin board in the Municipal office and maintained there throughout the year; and

 

            That a copy of this Resolution be kept on file for the public's inspection with the Borough Clerk; and

 

            That a copy of this Resolution be forwarded to the Newspapers designated by the Governing Body as the newspapers to receive said notices.

 

Offered by:                   C/Robilotti      

 

Seconded by:               C/Carr

 

Roll Call:            Ayes:    C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                        Nays:      None

                     Absent:      None

                    Abstain:      None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-018

 

DESIGNATING OFFICIAL NEWSPAPER

 

         BE IT RESOLVED, by the Council of the Borough of Englishtown that the Asbury Park Press is the official newspaper of the Borough of Englishtown for the year 2010.

 

         BE IT FURTHER RESOLVED that the News Transcript also be notified of any Borough meetings or events in an attempt to inform our residents of Borough activities, though the title of the official newspaper will not apply to this weekly publication.

 

Offered by:                  C/Robilotti      

 

Seconded by:               C/Carr

 

Roll Call:          Ayes:    C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                        Nays:    None

                     Absent:    None

                    Abstain:    None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-019

 

DESIGNATING OFFICIAL RULES OF CONDUCT

FOR BOROUGH OF ENGLISHTOWN COUNCIL MEETINGS

 

            WHEREAS, there is a need to establish rules of conduct for Borough meetings.

 

            NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Englishtown that Borough Council meetings will be conducted using Robert Rules of Order.

 

Offered by:                   C/Robilotti      

 

Seconded by:               C/Carr

 

Roll Call:            Ayes:  C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                        Nays:    None

                     Absent:    None

                    Abstain:    None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-020

 

ESTABLISHING COUNCIL SALARIES RULES

 

WHEREAS, The Mayor And Council wishes to maintain a high level of attendance by members of the Governing Body at Council meetings; and

 

WHEREAS, the Mayor and Council of the Borough of Englishtown has been assigned certain responsibilities upon their swearing into office; and

 

WHEREAS, the Mayor and Council of the Borough of Englishtown receive certain compensation, for fulfilling their obligations.

 

            NOW, THEREFORE, BE IT RESOLVED by the Mayor And Council of the Borough of Englishtown that any member of the Governing Body that misses four (4) meetings semi-annually without being excused by the majority of council shall have twenty-five percent (25%) of their semi-annual salary withheld; and

 

BE IT FURTHER RESOLVED that in the event that any such member misses two (2) additional meetings semi-annually without being excused by the majority of council they shall have an additional fifty percent (50%) of their salary withheld.

 

BE IT FURTHER RESOLVED as provided for under the Municipal Vacancy Law, that any member of the Governing Body failing to attend and participate in any meeting of the body for a period of eight (8) consecutive weeks, without being excused from attendance by a majority of the member body, shall subject him/her to vacancy.

 

Offered by:                   C/Robilotti      

 

Seconded by:               C/Carr

 

Roll Call:            Ayes:  C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                        Nays:    None

                     Absent:    None

                    Abstain:    None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-021

 

AUTHORIZING 2010 HOLIDAY SCHEDULE

FOR BOROUGH EMPLOYEES

 

            NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown that the following shall be paid holidays for the Borough of Englishtown employees for the 2010 calendar year:

 

January 1st                   Friday                          New Year’s Day

            January 18th                 Monday                      Martin Luther King Day

            February 15th               Monday                      President’s Day

            April 2nd                       Friday                        Good Friday

            May 31st                      Monday                      Memorial Day

            July 5th                         Monday                      Independence Day

            September 6th              Monday                      Labor Day

            October 11th                Monday                      Columbus Day

            November 2nd              Tuesday                      Election Day

            November 11th             Thursday                     Veteran’s Day

            November 25th             Thursday                     Thanksgiving Day

            November 26th             Friday                          Day after Thanksgiving

            December 24th             Friday                          Christmas Day

            December 31st             Friday                          New Year’s Eve

 

Offered by:                   C/Robilotti      

 

Seconded by:               C/Carr

 

Roll Call:         Ayes:          C/Carr, C/Cooke, C/Rucker, C/Wojyn

                        Nays:        C/Krawiec, C/Robilotti

                     Absent:         None

                    Abstain:         None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-022

 

DESIGNATING DEPOSITORIES

 

WHEREAS, under the New Jersey statutes, the Governing Body shall by Resolution designate the depository or depositories wherein all public monies and other funds of the Municipality shall be kept; and

 

WHEREAS, all public officials charged with the custody of such funds shall thereafter deposit such funds only in the depository or depositories approved by the State of New Jersey under the Governmental Unit Deposit Protection Act (GUDPA); and

 

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey, that any and all New Jersey banks that have Governmental Unit Deposit Protection Act approval are hereby approved and designated as depositories for all Borough funds, including State of New Jersey Cash Management Fund.

 

Offered by:                   C/Robilotti      

 

Seconded by:               C/Carr

 

Roll Call:            Ayes:  C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                        Nays:    None

                     Absent:    None

                    Abstain:    None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-023

 

PROMPT PAYMENT OF TAXES AND INTEREST RATES

 

WHEREAS, the Mayor and Council of the Borough of Englishtown deem it desirable to encourage prompt payment of all taxes and assessments, in order to permit sound fiscal planning; and

 

WHEREAS, Real Estate Taxes are payable on February 1st, May 1st, August 1st and November 1st of each year, and other statements assessing said charges; and

 

WHEREAS, N.J.S.A. 54:67 provides for the fixing rates of interest on delinquent taxes; and

 

WHEREAS, N.J.S.A. 54:67 has been amended to allow for additional penalty of six percent (6%) to be collected against a delinquency in excess of ten thousand dollars ($10,000) on properties that fail to pay the delinquency prior to the end of the calendar year.

 

NOW, THEREFORE, BE IT RESOLVED that all taxes and assessments are and shall be due on the date stated and, if not paid by said date same shall become delinquent.

 

BE IT FURTHER RESOLVED, that the rate of interest to be charged for non-payment of taxes or assessments on or before the date when the same would be come delinquent is eight percent (8%) per annum provided, however, no interest shall be charged if payment is made within ten (10) days after the date upon which the same became payable, and the interest for non-payment of taxes in excess of $1,500.00 shall be eighteen percent (18%); and, if a delinquency is in excess of ten thousand dollars ($10,000.00) and remains in arrears beyond December 31st of the tax year an additional penalty of six percent (6%) shall be charged against the delinquency.

 

BE IT FURTHER RESOLVED, that a copy of this Resolution be forwarded to the Collector of Taxes of the Borough of Englishtown.

 

Offered by:                  C/Robilotti      

 

Seconded by:               C/Carr

 

Roll Call:          Ayes:     C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                        Nays:     None

                     Absent:     None

                    Abstain:     None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-024

 

AUTHORIZING THE FILING OF A RECYCLING TONNAGE GRANT

 

WHEREAS, the Mandatory Source Separation and Recycling Act, P.L. 1987, C.102, has established a recycling fund from which tonnage grants may be made to Municipalities in order to encourage local source separation and recycling programs;

 

                 WHEREAS‚ it is the intent and spirit of the Mandatory Source Separation And Recycling Act to use the tonnage grants to develop new Municipal recycling programs and to continue and expand existing programs; and

 

WHEREAS, the New Jersey Department of Environmental Protection is promulgating recycling regulations to implement the Mandatory Source Separation and Recycling Act; and

 

WHEREAS, the recycling regulations impose on Municipalities certain requirements as a condition for applying for tonnage grants, including, but not limited to, making and keeping accurate, verifiable records of materials collected and claimed by the Municipality; and

 

WHEREAS, such a Resolution should designate Richard Guffanti the individual authorized to ensure that the application is properly completed and timely filed.

 

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Englishtown that Englishtown hereby endorses the submission of a Municipal recycling tonnage grant application to the New Jersey Department Of Environmental Protection, Office Of Recycling and designates Richard Guffanti, Recycling Coordinator, to ensure that the said application is properly filed.

 

Offered by:                   C/Robilotti      

 

Seconded by:               C/Rucker

 

Roll Call:            Ayes:   C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                        Nays:     None

                     Absent:     None

                    Abstain:     None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-025

 

APPOINTMENT OF CLASS III MEMBER OF THE

BOROUGH OF ENGLISHTOWN UNIFIED PLANNING/ZONING BOARD

      

WHEREAS, N.J.S.A. 40: 55d-23 allows the Governing Body to appoint one of its members to the Unified Planning/Zoning Board; and

 

            WHEREAS, the Borough of Englishtown Unified Planning/Zoning Board has a vacancy in the Class III seat; and

 

            WHEREAS, it is the wishes of the Governing Body to fill said vacancy; and

 

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that Rudy Rucker be appointed a Class III member of the Borough Of Englishtown Unified Planning/Zoning Board for a term of one (1) year ending December 31, 2010.

     

             BE IT FURTHER RESOLVED, that a certified copy of this Resolution be given to the Borough of Englishtown Unified Planning/Zoning Board Secretary and Rudy Rucker.

 

Offered by:                   C/Robilotti      

 

Seconded by:               C/Rucker

 

Roll Call:         Ayes:       C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                        Nays:      None

                     Absent:      None

                    Abstain:      None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-026

 

2010 TEMPORARY OPERATING BUDGET

 

WHEREAS, Section 40A:4-19 of the revised Statutes of the State of New Jersey provides that where any contract, commitment or payments are to be made prior to the final adoption of the 2010 Municipal Budget, temporary appropriations should be made for the purpose and amounts required in the manner and time therein provided; and

 

WHEREAS, the date of this Resolution is within the first thirty days of January 2010; and

 

WHEREAS, the total appropriations in the 2009 Municipal Budget, exclusive of any appropriations made for interest and debt redemption charges, Capital Improvement Fund, Public Assistance, is $2,684,146.46; and

 

WHEREAS, 26.25% of the total appropriations in the 2009 Municipal Budget, exclusive of any appropriations made for interest and debt redemption charges, Capital Improvement Fund, Public Assistance, in said 2009 Municipal Budget is $704,588.45.

 

NOW, THEREFORE, BE IT RESOLVED, that the attached appropriations be made and that a certified copy of this Resolution be transmitted to the Chief Financial Officer for her records.

 

Offered by:                   C/Robilotti      

 

Seconded by:               C/Rucker

 

Roll Call:            Ayes:        C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                                Nays:         None

                                Absent:      None

                                Abstain:      None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-027

 

RESOLUTION GRANTING AUTHORITY TO

BOROUGH CHIEF FINANCIAL OFFICER

TO PREPAY SELECTIVE BILLS

 

            BE IT RESOLVED, by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey, that the Chief Financial Officer be and is hereby authorized to pay the following required bills prior to the approval of the bill list:

                                    Payroll

                                    Insurance Premiums

                                    County Taxes

                                    School Taxes

                                    Utilities

                                    Petty Cash Reimbursement

                                    Postage

                                    Release of Monies Approved by Resolution

 

            BE IT FURTHER RESOLVED, that a certified copy of this Resolution be forwarded to the Borough Chief Financial Officer.

 

Offered by:                   C/Robilotti      

 

Seconded by:               C/Carr

 

Roll Call:         Ayes:    C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                        Nays:    None

                     Absent:     None

                    Abstain:     None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-028

 

2010 DEBT SERVICE BUDGET

 

WHEREAS, Section 40A: 4-19 of the revised Statutes of the State of New Jersey provides authority for appropriating in a temporary Resolution the permanent Debt Service requirements for the coming fiscal year providing that such Resolution is not made earlier than December 20th of the year preceding the beginning of the fiscal year; and

 

WHEREAS, the date of this Resolution is subsequent to December 19, 2009; and

 

WHEREAS, principal and interest will be due on various dates from January 1, 2010 to December 31, 2010, inclusive, on sundry funds and notes issued and outstanding.

 

            NOW, THEREFORE, BE IT RESOLVED that the attached appropriations be made to cover the period from January 1, 2010 to December 31, 2010 inclusive and that a certified copy of this Resolution be transmitted to the Chief Financial Officer for her records.           

 

Offered by:               C/Rucker        

 

Seconded by:            C/Robilotti

 

Roll Call:         Ayes:  C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                        Nays:  None

                     Absent:   None

                    Abstain:    None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-029

 

AUTHORIZING TO MAINTAIN PETTY CASH FUNDS

 

            WHEREAS, N.J.S.A. 40A:5-21 authorizes the establishment of a Petty Cash Fund; and

 

            WHEREAS, said Clerk’s Petty Cash Fund was established by resolution in the amount of $75.00 by the Mayor and Council of the Borough of Englishtown; and

 

            WHEREAS, said Recreation Petty Cash Fund was established by resolution dated September 26, 2007 in the amount of $500.00 by the Mayor and Council of the Borough of Englishtown; and

 

            WHEREAS, said Petty Cash Funds received approval from the Director of Local Government Services prior to and on November 20, 2007; and

 

WHEREAS, it is the desire of Council that said funds be continued under the direction of the Borough Administrator/CFO;

 

            NOW THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Englishtown, County of Monmouth that:

 

1.      During the year 2010, Laurie Finger, Borough Administrator/CFO, be and is hereby authorized and permitted to establish a Petty Cash Fund for the Clerk’s Office in the amount of $75.00 and a Petty Cash Fund for Recreation in the amount of $500.00 pursuant to the provisions of N.J.S.A. 40A:5-21.  Said Petty Cash Funds will be used by such offices or departments to pay claims for small miscellaneous expenses.

 

2.       Laurie Finger, Borough Administrator/CFO, having custody of the Funds be   bonded in an amount not less than $1,000,000 and will maintain said Funds in accordance with the laws and regulations governing its operation.

 

Offered by:            C/Robilotti      

 

Seconded by:            C/Rucker

 

Roll Call:         Ayes:    C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                        Nays:   None

                     Absent:   None

                    Abstain:   None

  

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-030

 

AUTHORIZING 2010 ORGANIZATIONAL CHART OF

THE BOROUGH OF ENGLISHTOWN

 

            WHEREAS, the Borough Council has determined that there is a need for an established chain of command within the Borough’s governmental organization in order to establish firm reporting lines and smooth the operations of the government:

 

            NOW, THEREFORE, BE IT RESOLVED by the Englishtown Borough Council that the attached Organizational Chart shall determine the reporting lines of supervision among the employees and affiliated contract professionals for the day to day operations of the Englishtown Borough government.

 

            BE IT FURTHER RESOLVED, that a certified copy of this Resolution shall be provided by the Municipal Clerk to the Borough Administrator, and each Borough Department head.

 

Offered by:      C/Robilotti       

 

Seconded by:   C/Carr

 

Roll Call:           Ayes:  C/Carr, C/Cooke, C/Krawiec, C/Rucker, C/Wojyn

                         Nays:  C/Robilotti

                      Absent:  None

                      Abstain: None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-031

 

RESOLUTION ESTABLISHING INVESTMENT POLICY

           

BE IT RESOLVED by the Borough Council of the Borough of Englishtown, that for the year 2010, the following shall serve as the Investment Policy for the Borough of Englishtown:                                

 

    Borough of Englishtown Investment Policy

 

1.                  Policy

It is the policy of the Borough of Englishtown to invest public funds in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow demands of our entity and conforming to all state and local statutes governing the investment of public funds.

2.                  Scope

This policy includes all funds governed by the Mayor and Council of the Borough of Englishtown.

 

3.                  Prudence

Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital, as well as the probable income to be derived.

4.                  Objective

The primary objective, in order of priority, shall be:

·        Legality – conformance with federal, state and other legal requirements

·        Safety – preservation of capital and protection of investment principal

·        Liquidity – maintenance of sufficient liquidity to meet operating requirements

·        Yield – attainment of market rates of return

The portfolio should be reviewed periodically as to its effectiveness in meeting the entity’s needs for safety, liquidity, rate of return, diversification and its general performance.

5.                  Delegation of Authority

Management and administrative responsibility for the investment program is hereby delegated to the Chief Financial Officer who, under the delegation of the governing body, shall establish written procedures for the operation of the investment program.

6.                  Ethics and Conflicts of Interest

Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions.

7.                  Authorized Financial Dealer and Institutions

The Chief Financial Officer will maintain a list of financial institutions authorized to provide investment services.  In addition, a list will also be maintained of approved security brokers/dealers selected by credit worthiness.

8.                  Authorized and Suitable Investments

Investments may be made in any type of security allowed for in New Jersey Statutes regarding the investment of public funds.  Investments shall be made that reflect the cash flow needs of the fund type being invested.

9.                  Collateralization

Funds on deposit (checking accounts, certificates of deposits, etc.) in excess of FDIC limits must be secured by some form of collateral, witnessed by written agreement and held at an independent – third party institution in the name of the municipality.

10.              Safekeeping and Custody

All security transactions, including collateral for repurchase agreements, entered into by the Borough of Englishtown, shall be conducted on a delivery-versus-payment (DVP) basis.  Securities will be held by an independent third party custodian designated by the Chief Financial Officer and evidenced by safekeeping receipts and a written custodial agreement.

11.              Diversification

The entity shall diversify its investments to the best of its ability based on the type of fund invested and the cash flow needs of those funds.  Diversification can be by type of investment, number of institutions invested in, and length of maturity.

12.              Maximum Maturities

To the extent possible, the Borough of Englishtown shall attempt to match its investments with anticipated cash flow requirements.  Unless matched to a specific cash flow, the Borough of Englishtown will not directly invest in securities maturing more than 2 years from the date of purchase.

Reverse funds may be invested in securities exceeding 2 years if the maturities of such investments are made to coincide as nearly practicable with the expected use of funds.

13.              Internal Control

The Chief Financial Officer is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the entity are protected from loss, theft or misuse.  The internal control structure shall be designed to provide reasonable assurance that these objectives are met.  The internal controls shall address the following points:

·        Control of collusion

·        Separation of transaction authority from accounting

·        Custodial safekeeping

·        Written confirmation of telephone transactions for investment and wire transfers

14.              Performance Standards

This investment portfolio will be managed in accordance with the parameters specified within this policy.  The portfolio should contain a comparable rate of return during a market/economic environment of stable interest rates.  Portfolio performance should be compared to benchmarks with similar maturity, liquidity and credit quality as the portfolio.  Englishtown’s benchmark shall be the New Jersey Cash Management Fund.

15.              Reporting

The Chief Financial Officer shall prepare an investment report at least monthly.  The report should be provided to the Mayor and Council and available upon request.  The report should be in a format suitable for review by the general public.  An annual report should be provided to the Mayor and Council.

16.              Marketing to Market

A statement of the market value of the portfolio shall be issued to the Mayor and Council quarterly if money is being invested with an approved security broker/dealer.

17.              Investment Policy Adoption

This investment policy shall be adopted by the Mayor and Council.  This policy shall be reviewed on an annual basis by the Chief Financial Officer and any modifications made thereto must be approved by the governing body.

 

Offered by:  C/Robilotti       

 

Seconded by:  C/Rucker

 

Roll Call:           Ayes:  C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                         Nays:  None

                      Absent:  None

                      Abstain: None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-032

 

RESOLUTION TO CANCEL SMALL TAX BALANCES

 

WHEREAS, N.J.S.A. 40A:5-17.1 provides that a municipality may authorize the processing of tax refunds of less than Ten ($10.00) Dollars and the cancellation of tax delinquencies of less than Ten ($10.00) Dollars.

 

NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the Borough of Englishtown that the Tax Collector is hereby authorized to process, without any further action on the part of the Governing Body, any property tax refund of less than ($10.00) Dollars; and,

 

BE IT FURTHER RESOLVED, that the Tax Collector is hereby authorized to process, without further action on the part of the Governing Body, the cancellation of any property tax delinquency of less than Ten ($10.00) Dollars; and,

 

BE IT FURTHER RESOLVED, that a Certified Copy of this Resolution be provided by the Municipal Clerk to the Tax Collector and the Chief Financial Officer.

 

Offered by:  C/Rucker        

 

Seconded by:  C/Robilotti

 

Roll Call:           Ayes:  C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                         Nays:  None

                      Absent:  None

                      Abstain: None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-033

 

AUTHORIZING EMERGENCY PURCHASES BY DEPT. HEADS

UP TO $100.00 WITH B.A. APPROVAL

 

WHEREAS, the Council of the Borough of Englishtown, having determined that it wished to maintain better control over purchases, resolved that all proposed purchases be presented in requisition form for approval prior to expenditure; and

 

            WHEREAS, it has since become apparent that there are certain emergency purchases that prudence dictates be made without waiting for requisition approval: and

 

            WHEREAS, the Council is desirous of putting in place a procedure whereby certain purchases can be made as required without prior requisition approval by the Council:

 

            NOW, THEREFORE, BE IT RESOLVED by the Englishtown Borough Council that the Borough Administrator shall be given authority to approve purchases of $100.00 or less at her discretion without processing the purchase through the requisition approval process.

 

            BE IT FURTHER RESOLVED, that a certified copy of this Resolution shall be provided by the Borough Clerk to the Borough Administrator and Chief Financial Officer.

                                                           

Offered by:      C/Robilotti       

 

Seconded by:  C/Carr

 

Roll Call:          Ayes:    C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                         Nays:  None

                      Absent:  None

                      Abstain: None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-034

 

ENGLISHTOWN POLICE DEPARTMENT

SPECIAL DUTY ASSIGNMENT FEES

 

            WHEREAS, to be consistent with Ordinance No. 2007-08 entitled “An Ordinance of the Borough of Englishtown Amending Chapter 1.33 entitled “Police Department” which was adopted by the Governing Body of the Borough of Englishtown on June 27, 2007, charges for “Special Duty Assignments” shall be set forth annually in a resolution adopted by the Governing Body; and

 

            WHEREAS, per Chapter 1.33 Section 37 of the Code of the Borough of Englishtown the fees charged for “Special Duty Assignments are as follows:

 

Commencing January 1, 2008, the charges for such services shall be $65.00 per hour, including a rate of $55.00 per hour for the officer, and $10.00 administrative fee to be retained by the Borough.

 

            NOW, THEREFORE, BE IT RESOLVED, that the fees stated above shall be collected for “Special Duty Assignments” performed by the Englishtown Police Department for the year 2010.

 

             BE IT FURTHER RESOLVED, that a certified copy of this resolution shall be forwarded to the Chief of Police and Chief Financial Officer.

 

Offered by:  C/Robilotti       

 

Seconded by:  C/Carr

 

Roll Call:           Ayes:  C/Carr, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                         Nays:   None

                      Absent:  None

                      Abstain:  C/Cooke

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-035

 

RESOLUTION FOR THE BOROUGH OF ENGLISHTOWN

TO SUPPORT AND PARTICIPATE IN THE

VOLUNTEER TUITION CREDIT PROGRAM (P.L. 1998, c.145)

 

            WHEREAS, the Mayor and Council of the Borough of Englishtown in the County of Monmouth, deems it appropriate to enhance the recruitment and retention of firefighters and emergency medical volunteers in the Borough of Englishtown; and

 

            WHEREAS, the State of New Jersey has enacted P. L. 1998, c. 145 which permits municipal governments to allow their firefighting and emergency medical volunteers to take advantage of the Volunteer Tuition Credit Program at no cost to the municipal government.

 

            NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, State of New Jersey, County of Monmouth that the Volunteer Tuition Credit Program as set forth in P. L. 1998, c. 145 is herewith adopted for the volunteer firefighters and emergency medical volunteers in this municipality; and

 

            BE IT FURTHER RESOLVED, that the Municipal Clerk is herewith delegated the responsibility to administer the program and is authorized to enter into all agreements and to maintain files of all documents as may be required under the P. L. 1998, c. 145, a copy of which is herewith made part of this resolution. 

             

Offered by:     C/Rucker        

 

Seconded by:  C/Robilotti

 

Roll Call:           Ayes:  C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                         Nays:  None

                      Absent:  None

                      Abstain:  None

 

 BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-036

 

RESOLUTION AUTHORIZING APPROVAL OF PERSONNEL POLICY

 

            WHEREAS, The Finance and Administration Committee has submitted a Policy Manual for the Borough of Englishtown employees; and

 

            WHEREAS, it is necessary for the governing body of the Borough of Englishtown to approve said policy for the 2010 calendar year.

 

            NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Englishtown, County of Monmouth, State of New Jersey that the Policy Manual is hereby approved as submitted, effective January 1, 2010.

                                   

Offered by:  C/Robilotti       

 

Seconded by:  C/Carr

 

Roll Call:           Ayes:    C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                         Nays:   None

                       Absent:  None

                      Abstain:  None

 

At this time Mayor Reynolds asks for nominations for Police Commissioner.

 

Cindy Robilotti is nominated by C/Wojyn and seconded by C/Krawiec.  There were no further nominations. 

 

  BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-037

 

APPOINTMENT OF POLICE COMMISSIONER

 

            WHEREAS, there is a need for the position of Police Commissioner as set forth in the Code of the Borough of Englishtown, Chapter 1.33.03:

 

            NOW, THEREFORE, BE IT RESOLVED, by the Englishtown Borough Council as follows that Councilwoman Cindy Robilotti is hereby appointed as Police Commissioner of the Borough of Englishtown, which appointment shall be effective January 4, 2010 through December 31, 2010.

 

            BE IT FURTHER RESOLVED, that a certified copy of this Resolution shall be provided by the Acting Borough Clerk to the Borough Administrator, the Police Commissioner, and the Police Chief.

 

Offered by:  C/Wojyn         

 

Seconded by:  C/Krawiec

 

Roll Call:           Ayes:   C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                         Nays:   None

                      Absent:   None

                      Abstain:  None

 

At this time Mayor Reynolds asks for nominations for the Police Commission.

 

Maryanne Krawiec is nominated by C/Robilotti and seconded by C/Rucker.  Rudy Rucker was nominated by Mayor Reynolds, there was no second.  There were no further nominations. 

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-038

 

APPOINTMENT OF POLICE COMMISSION

 

            WHEREAS, there is a need for the council appointment of a Police Commission as set forth in the Code of the Borough of Englishtown, Chapter 1.33.03;

 

            WHEREAS, the Borough Council shall designate from among its membership two or more members, along with the Mayor which shall constitute a Police Commission.  The Police Commissioner shall chair the Police Commission;

 

            NOW, THEREFORE, BE IT RESOLVED by the Englishtown Borough Council as follows that Councilwoman Cindy Robilotti and Councilwoman Maryanne Krawiec are hereby appointed to the Police Commission of the Borough of Englishtown, which appointment shall be effective January 4, 2010 through December 31, 2010.

 

            BE IT FURTHER RESOLVED, that a certified copy of this Resolution shall be provided by the Municipal Clerk to the Borough Administrator, members of the Police Commission and the Police Chief.

 

Offered by:                  C/Robilotti      

 

Seconded by:               C/Rucker

 

Roll Call:          Ayes:   C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                        Nays:   None

                     Absent:   None

                    Abstain:   None

 

 At this time Mayor Reynolds makes the following council committee assignments:

 

Committee                                          Chairperson                              Co-Chairperson

 

Public Safety                                        Cindy Robilotti                       Gregory Wojyn

 

Public Utilities                                       Maryanne Krawiec                 Jayne Carr

 

Public Health, Welfare And                

Public Events/Code Enforcement            Lori Cooke                          Rudy Rucker

 

Administration, Finance And

Personnel                                             Gregory Wojyn                       Maryanne Krawiec      

 

Legislative, Insurance And

Licenses                                                Jayne Carr                             Lori Cooke

 

Public Buildings And Grounds                Rudy Rucker                         Cindy Robilotti

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-039

 

COMMITTEE ASSIGNMENTS

 

WHEREAS, the business and affairs of the Borough of Englishtown may properly be classified and divided into six groups:

 

1.      Administration, Finance and Personnel Committee

 

2.      Public Safety Committee

 

3.      Public Buildings and Grounds Committee

 

4.      Public Utilities Committee

 

5.      Legislative, Insurance and Licenses Committee

 

6.      Code Enforcement/Public Health, Welfare and Public Events Committee

 

BE IT FURTHER RESOLVED, that the standing committees are appointed to expedite and facilitate the work of Council, but only within statutory limits as the entire Council is held responsible for any or all of its acts performed within the scope of authority.

 

Administration, Finance and Personnel

 

            BE IT FURTHER RESOLVED, that the Chairperson of this committee oversees the administration, finance and personnel activities and matters listed below as established by Council:

 

1.    The examination, review, and approval of all vouchers prior to their               

         submission to the Council for authority to pay same.

 

2.         The administration, practices, procedures, and records as established

        by Council of the following:

                   a.  The administrator/clerk and his/her office

                   b.  The treasurer and his/her clerk

                   c.  The tax collector and his/her office

                   d.  The water and sewer clerk and his/her office

                   e.  The court administrator and his/her office

 

3.         The coordination of departmental budgets, the preparation of budgetary figures relative to the activities above-mentioned.  The final preparation, explanation, and continuing supervision of the entire municipal budget.

 

4.    The maintenance, review, and revision of the Borough cost system and  balance of appropriations.

 

5.    Primary responsibility for the recruitment and recommendation of personnel for position within the Borough Municipal Government and review of Borough personnel policy manual as needed.

 

6.     The review of maintenance, inventory, and security procedures for equipment and records of the Borough Offices.

 

7.     It shall also serve as the liaison between the Council and the Municipal Auditor, and with any other body or organization on fiscal matters.

 

Public Safety

 

BE IT FURTHER RESOLVED, that the Chairperson of this committee oversees the public safety administration, practices, procedures, and records activities and matters listed below as established by Council:

 

  1.  Supervision and direction of police department.

 

2.  Highway and street traffic and all parking matters.

 

3. Investigation and inspection of persons and premises prior to granting licenses, as directed by Council.

 

4. Inform proper committee chairperson of all hazardous, unsafe and unhealthy conditions in the Borough.

 

5.  The review of maintenance, inventory, and security procedures.

 

            6.  Assists in coordinating emergency management plan for the Borough.

 

            7.  Shall act as liaison to the fire and first aid units serving the Borough of Englishtown.

 

8.  It shall also serve as liaison between Council and other forms of law and public safety organizations.

 

Public Buildings and Grounds

 

BE IT FURTHER RESOLVED, that the Chairperson of this committee oversees the Public Buildings and Grounds administration, practices, procedures, and records activities and matters listed below as established by Council:

 

1.  Maintenance and use of all municipal owned building and equipment.

 

2. Control inventory of all Borough equipment and supplies relevant to maintenance of Borough property.

 

3. Maintenance of Borough fire alarm system (with recommendation of public safety committee).

 

4.  Park maintenance.

 

5. Maintenance and cleaning of public grounds, roads, streets, curbs, and gutters of snow and litter, and cutting of grass and weeds and litter removal.

 

6.  Erection of signs and street painting as designated by Council.

 

7.  Maintenance, cleaning and improvements of off street parking areas.

 

8.  Street and road construction and improvements.

 

9.  Proper maintenance, inventory, and security of department equipment.

 

10.  Primary supervision of Borough maintenance personnel.

 

11. It shall also serve as the liaison between the Council and State and County highway department, except in traffic matters, which are under the jurisdiction of public safety committee.

  

Public Utilities

 

BE IT FURTHER RESOLVED, that the Chairperson of this committee oversees the Public Utilities administration, practices, procedures, and records activities and matters listed below as established by Council:

 

1.         a. Water Department

b. Sewer Department              

c. Garbage, refuse, and recycling activities

 

2. It shall also serve as the liaison between Council and the various utility organizations operating within the Borough, such as; electric, telephone, transportation, natural gas and cable TV.

 

Legislative, Insurance, and Licenses

 

BE IT FURTHER RESOLVED, that the Chairperson of this committee oversees the legislative, insurance and licenses administration, practices, procedures, and records activities and matters listed below as established by Council:

           

1.   The examination, review and investigation of any and all legislation effecting the Borough and to make recommendations to Council and act as a liaison between Council and the State Legislature, County Freeholders, and the Federal Government.

 

2.  The examination, review and approval of all licenses prior to submission to Council.

 

3. The review, revision, and all other matters pertaining to any insurance coverage of the Borough.

 

Code Enforcement/Public Health, Welfare and Public Events Committee

 

BE IT FURTHER RESOLVED, that the Chairperson of this committee oversees the code enforcement, public health, welfare and public events administration, practices, procedures, and records activities and matters listed below as established by Council:

 

1. Supervision and direction of Code Enforcement Dept.

                        a.  Code enforcement officer in matters related to health

b.  Animal control activities

 

2.  It shall also serve as liaison between the Council and the Board of Health and other organizations or agencies concerned with public health and/or welfare.

 

3. Responsible for scheduling and organization of public events, recreation and public park usage.

 

BE IT FURTHER RESOLVED, that the entire membership of this Borough Council shall be constituted as an auditing committee and audit all vouchers for payment of money and that all vouchers much be submitted to the chairperson of the Committee for which the said voucher has been rendered for his/her approval or disapproval before coming to full Council for payment.

 

BE IT FURTHER RESOLVED, that all purchase orders in the amount of $50.00 or more be signed by the appropriate Chairperson, prior to processing.

 

BE IT FURTHER RESOLVED, the committees shall meet when requested by the Chairperson, Mayor, or at the request of Council, and that all members thereof shall participate actively in the committee deliberations, performance of duties and the formulation of its recommendation to Council.

 

BE IT FURTHER RESOLVED, the Chairperson of each standing committee shall prepare a report for the Mayor and Council for the monthly council meeting on principal activities and achievements of his/her committee.

 

Offered by:               C/Robilotti      

 

Seconded by:           C/Rucker

 

Roll Call:        Ayes:    C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                     Nays:     None

                     Absent:  None

                    Abstain:  None

 

Old Business

 

BOROUGH OF ENGLISHTOWN                 PUBLIC HEARING & ADOPTION

ORDINANCE NO. 2009-17

 

AN ORDINANCE OF BOROUGH OF ENGLISHTOWN TO ADDRESS THE REQUIREMENTS OF THE COUNCIL ON AFFORDABLE HOUSING (COAH) REGARDING COMPLIANCE WITH THE MUNICIPALITY’S PRIOR ROUND AND THIRD ROUND AFFORDABLE HOUSING OBLIGATIONS

 

WHEREAS, Chapter 2.49 shall be amended by the addition of the text below to include requirements mandated by the Council on Affordable that address the requirements regarding compliance with the municipality’s prior round and third round affordable housing obligations;

 

NOW, THEREFORE IT BE ORDAINED, by the Mayor and Common Council of the Borough of Englishtown, in the County of Monmouth that Chapter 2.49 shall read as follows:

Section 1.  Affordable Housing Obligation

(a)        This Ordinance is intended to assure that low- and moderate-income units ("affordable units") are created with controls on affordability over time and that low- and moderate-income households shall occupy these units.  This Ordinance shall apply except where inconsistent with applicable law.

(b)        The Borough of Englishtown Planning Board has adopted a Housing Element and Fair Share Plan pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-1, et seq.  The Fair Share Plan has been endorsed by the governing body.  The Fair Share Plan describes the ways Borough of Englishtown shall address its fair share for low- and moderate-income housing as determined by the Council on Affordable Housing (COAH) and documented in the Housing Element. 

(c)        This Ordinance implements and incorporates the Fair Share Plan and addresses the requirements of N.J.A.C. 5:97, as may be amended and supplemented. 

(d)        The Borough of Englishtown shall file monitoring reports with COAH in accordance with N.J.A.C. 5:96, tracking the status of the implementation of the Housing Element and Fair Share Plan. Any plan evaluation report of the Housing Element and Fair Share Plan and monitoring prepared by COAH in accordance with N.J.A.C. 5:96 shall be available to the public at the Borough of Englishtown Municipal Building, Municipal Clerk’s Office, 15 Main Street, Englishtown, New Jersey, or from COAH at 101 South Broad Street, Trenton, New Jersey and on COAH’s website, www.nj.gov/dca/affiliates/coah.

Section 2.  Definitions

The following terms when used in this Ordinance shall have the meanings given in this Section:

“Accessory apartment” means a self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters and a private entrance, which is created within an existing home, or through the conversion of an existing accessory structure on the same site, or by an addition to an  xisting home or accessory building, or by the construction of a new accessory structure on the same site.

“Act” means the Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.)

“Adaptable” means constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7.

“Administrative agent” means the entity responsible for the administration of affordable units in accordance with this ordinance, N.J.A.C. 5:96, N.J.A.C. 5:97 and N.J.A.C. 5:80-26.1 et seq.

“Affirmative marketing” means a regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.

 “Affordability average” means the average percentage of median income at which restricted units in an affordable housing development are affordable to low- and moderate-income households.

“Affordable” means, a sales price or rent within the means of a low- or moderate-income household as defined in N.J.A.C. 5:97-9; in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6, as may be amended and supplemented, and, in the case of a rental unit, that the rent for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.12, as may be amended and supplemented.

“Affordable development” means a housing development all or a portion of which consists of restricted units.

“Affordable housing development” means a development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100 percent affordable development.

“Affordable housing program(s)” means any mechanism in a municipal Fair Share Plan prepared or implemented to address a municipality’s fair share obligation.

“Affordable unit” means a housing unit proposed or created pursuant to the Act, credited pursuant to N.J.A.C. 5:97-4, and/or funded through an affordable housing trust fund.

“Agency” means the New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1, et seq.).

“Age-restricted unit” means a housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population such that:  1) all the residents of the development where the unit is situated are 62 years or older; or 2) at least 80 percent of the units are occupied by one person that is 55 years or older; or 3) the development has been designated by the Secretary of the U.S. Department of Housing and Urban Development as “housing for older persons” as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.

“Assisted living residence” means a facility licensed by the New Jersey Department of Health and Senior Services to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed for four or more adult persons unrelated to the proprietor and that offers units containing, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.

“Certified household” means a household that has been certified by an Administrative Agent as a low-income household or moderate-income household.

“COAH” means the Council on Affordable Housing, which is in, but not of, the Department of Community Affairs of the State of New Jersey, that was established under the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.).

“DCA” means the State of New Jersey Department of Community Affairs.

“Deficient housing unit” means a housing unit with health and safety code violations that require the repair or replacement of a major system. A major system includes weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement and/or load bearing structural systems.

“Developer” means any person, partnership, association, company or corporation that is the legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development including the holder of an option to contract or purchase, or other person having an enforceable proprietary interest in such land.

“Development” means the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any use or change in the use of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq.

“Inclusionary development” means a development containing both affordable units and market rate units. This term includes, but is not necessarily limited to: new construction, the conversion of a non-residential structure to residential and the creation of new affordable units through the reconstruction of a vacant residential structure.

“Low-income household” means a household with a total gross annual household income equal to 50 percent or less of the median household income.

“Low-income unit” means a restricted unit that is affordable to a low-income household.

“Major system” means the primary structural, mechanical, plumbing, electrical, fire protection, or occupant service components of a building which include but are not limited to, weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement or load bearing structural systems.

“Market-rate units” means housing not restricted to low- and moderate-income households that may sell or rent at any price.

“Median income” means the median income by household size for the applicable county, as adopted annually by COAH.

“Moderate-income household” means a household with a total gross annual household income in excess of 50 percent but less than 80 percent of the median household income.

“Moderate-income unit” means a restricted unit that is affordable to a moderate-income household.

“Non-exempt sale” means any sale or transfer of ownership other than 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.

“Random selection process” means a process by which currently income-eligible households are selected for placement in affordable housing units such that no preference is given to one applicant over another except for purposes of matching household income and size with an appropriately priced and sized affordable unit (e.g., by lottery). 

“Regional asset limit” means the maximum housing value in each housing region affordable to a four-person household with an income at 80 percent of the regional median as defined by COAH’s adopted Regional Income Limits published annually by COAH.

“Rehabilitation” means the repair, renovation, alteration or reconstruction of any building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C. 5:23-6.

“Rent” means the gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an allowance for tenant-paid utilities computed in accordance with allowances published by DCA for its Section 8 program.  In assisted living residences, rent does not include charges for food and services.

“Restricted unit” means a dwelling unit, whether a rental unit or ownership unit, that is subject to the affordability controls of N.J.A.C. 5:80-26.1, as may be amended and supplemented, but does not include a market-rate unit financed under UHORP or MONI.

“UHAC” means the Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.1 et seq.

“Very low-income household” means a household with a total gross annual household income equal to 30 percent or less of the median household income.

“Very low-income unit” means a restricted unit that is affordable to a very low-income household.

“Weatherization” means building insulation (for attic, exterior walls and crawl space), siding to improve energy efficiency, replacement storm windows, replacement storm doors, replacement windows and replacement doors, and is considered a major system for rehabilitation.

Section 3.  Affordable Housing Programs

The Borough of Englishtown has determined that it will use the following mechanisms to satisfy its affordable housing obligations: existing housing credits.

Section 4.  Inclusionary Zoning

(a)            Presumptive densities and set-asides.  To ensure the efficient use of land through compact forms of development and to create realistic opportunities for the construction of affordable housing, inclusionary zoning permits minimum presumptive densities and presumptive maximum affordable housing set-asides as follows:

1.     Rental Developments

i. The zoning of the R-HD/AH zone provides for a minimum 15 percent set-aside for restricted units and a density of 9 units per acre.

2.     Where an executed development agreement exists for affordable housing on a specific site or sites, list the sites below and identify the density and set-aside for each.

i.       The Elon/Dorchester Square development was a part of a settlement agreement, which permits 9 units per acre and a set-aside of 15%.  A maximum of 134 units are permitted to be constructed.

3.     Additional incentives to subsidize the creation of affordable housing available to very-low income households includes the required affordability assistance that must be set aside within the trust fund account.  The Borough will utilize this money to convert moderate-income units or low-income units to very low-income units.

(b)            Phasing. In inclusionary developments the following schedule shall be followed:

Maximum Percentage of Market-Rate            Minimum Percentage of Low- and

Units Completed                                           Moderate-Income Units Completed

 

25                                                         0

25+1                                                   10

50                                                         50

                                                                                                 75                                                         75

                                            90                                                        100

(c)        Design.  In inclusionary developments, to the extent possible, low- and moderate-income units shall be integrated with the market units.

(d)        Payments-in-lieu and off-site construction. The standards for the collection of Payments-in-Lieu of constructing affordable units or standards for constructing affordable units off-site, shall be in accordance with N.J.A.C. 5:97-6.4.

(e)        Utilities. Affordable units shall utilize the same type of heating source as market units within the affordable development.

 

Section 5.  New Construction 

The following general guidelines apply to all newly constructed developments that contain low-and moderate-income housing units, including any currently unanticipated future developments that will provide low- and moderate-income housing units.

(a)            Low/Moderate Split and Bedroom Distribution of Affordable Housing Units:

1.    The fair share obligation shall be divided equally between low- and moderate-     income units, except that where there is an odd number of affordable housing units, the extra unit shall be a low income unit.

2.   In each affordable development, at least 50 percent of the restricted units within each bedroom distribution shall be low-income units.

3.   Affordable developments that are not age-restricted shall be structured in conjunction with realistic market demands such that:

i.        The combined number of efficiency and one-bedroom units shall be no greater than 20 percent of the total low- and moderate-income units;

ii.       At least 30 percent of all low- and moderate-income units shall be two bedroom units;

iii.      At least 20 percent of all low- and moderate-income units shall be three bedroom units; and

iv.      The remaining units may be allocated among two and three bedroom units at the discretion of the developer.

4.     Affordable developments that are age-restricted shall be structured such that the number of bedrooms shall equal the number of age-restricted low- and moderate-income units within the inclusionary development.  The standard may be met by having all one-bedroom units or by having a two-bedroom unit for each efficiency unit.

(b)            Accessibility Requirements:

1.     The first floor of all restricted townhouse dwelling units and all restricted units in all other multistory buildings shall be subject to the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7 and N.J.A.C. 5:97-3.14.

2.   All restricted townhouse dwelling units and all restricted units in other multistory buildings in which a restricted dwelling unit is attached to at least one other dwelling unit shall have the following features:

i.        An adaptable toilet and bathing facility on the first floor;

ii.       An adaptable kitchen on the first floor;

iii.      An interior accessible route of travel on the first floor;

iv.      An interior accessible route of travel shall not be required between stories within an individual unit;

v.       An adaptable room that can be used as a bedroom, with a door or the casing for the installation of a door, on the first floor; and

vi.      An accessible entranceway as set forth at P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a et seq.) and the Barrier Free Subcode, N.J.A.C. 5:23-7 and    N.J.A.C. 5:97-3.14, or evidence that the Borough of Englishtown has collected funds from the developer sufficient to make 10 percent of the adaptable entrances in the development accessible:

A. Where a unit has been constructed with an adaptable entrance, upon the request of a disabled person who is purchasing or will reside in the dwelling unit, an accessible entrance shall be installed. 

B. To this end, the builder of restricted units shall deposit funds within the Borough of Englishtown’s affordable housing trust fund sufficient to install accessible entrances in 10 percent of the affordable units that have been constructed with adaptable entrances. 

C. The funds deposited under paragraph B. above shall be used by the Borough of Englishtown the sole purpose of making the adaptable entrance of any affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.

D. The developer of the restricted units shall submit a design plan and cost estimate for the conversion from adaptable to accessible entrances to the Construction Official of the Borough of Englishtown.

E. Once the Construction Official has determined that the design plan to convert the unit entrances from adaptable to accessible meet the requirements of the Barrier Free Subcode, N.J.A.C. 5:23-7 and N.J.A.C. 5:97-3.14, and that the cost estimate of such conversion is reasonable, payment shall be made to the Borough of Englishtown’s affordable housing trust fund in care of the Municipal Treasurer who shall ensure that the funds are deposited into the affordable housing trust fund and appropriately earmarked.

F. Full compliance with the foregoing provisions shall not be required where an entity can demonstrate that it is site impracticable to meet the requirements.  Determinations of site impracticability shall be in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7 and N.J.A.C. 5:97-3.14.

(c)            Maximum Rents and Sales Prices

1.   In establishing rents and sales prices of affordable housing units, the administrative agent shall follow the procedures set forth in UHAC and in COAH, utilizing the regional income limits established by COAH.

2.     The maximum rent for restricted rental units within each affordable development shall be affordable to households earning no more than 60 percent of median income, and the average rent for restricted low- and moderate-income units shall be affordable to households earning no more than 52 percent of median income.

3.     The developers and/or municipal sponsors of restricted rental units shall establish at least one rent for each bedroom type for both low-income and moderate-income units.

i.        At least 10 percent of all low- and moderate-income rental units shall be affordable to households earning no more than 30 percent of median income.

4.     The maximum sales price of restricted ownership units within each affordable development shall be affordable to households earning no more than 70 percent of median income, and each affordable development must achieve an affordability average of 55 percent for restricted ownership units; in achieving this affordability average, moderate-income ownership units must be available for at least three different prices for each bedroom type, and low-income ownership units must be available for at least two different prices for each bedroom type.

5.   In determining the initial sales prices and rents for compliance with the affordability average requirements for restricted units other than assisted living facilities, the following standards shall be used:

i.        A studio shall be affordable to a one-person household;

ii.       A one-bedroom unit shall be affordable to a one and one-half person household;

iii.      A two-bedroom unit shall be affordable to a three-person household;

iv.      A three-bedroom unit shall be affordable to a four and one-half person household; and

v.       A four-bedroom unit shall be affordable to a six-person household.

 

6.  In determining the initial rents for compliance with the affordability average requirements for restricted units in assisted living facilities, the following standards shall be used:

i.        A studio shall be affordable to a one-person household;

ii.       A one-bedroom unit shall be affordable to a one and one-half person household; and

iii.      A two-bedroom unit shall be affordable to a two-person household or to two one-person households.

7.   The initial purchase price for all restricted ownership units shall be calculated so that the monthly carrying cost of the unit, including principal and interest (based on a mortgage loan equal to 95 percent of the purchase price and the Federal Reserve H.15 rate of interest), taxes, homeowner and private mortgage insurance and condominium or homeowner association fees do not exceed 28 percent of the eligible monthly income of the appropriate size household as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.

 8.  The initial rent for a restricted rental unit shall be calculated so as not to exceed 30 percent of the eligible monthly income of the appropriate household size as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however, that the rent shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.

9.   The price of owner-occupied low- and moderate-income units may increase annually based on the percentage increase in the regional median income limit for each housing region. In no event shall the maximum resale price established by the administrative agent be lower than the last recorded purchase price.

10.  The rent of low- and moderate-income units may be increased annually based on the percentage increase in the Housing Consumer Price Index for the United States. This increase shall not exceed nine percent in any one year. Rents for units constructed pursuant to low- income housing tax credit regulations shall be indexed pursuant to the regulations governing low- income housing tax credits.

11.  Utilities. Tenant-paid utilities that are included in the utility allowance shall be so stated in the lease and shall be consistent with the utility allowance approved by DCA for its Section 8 program.

The following general guidelines apply to all developments that contain low-and moderate-income housing units, including any currently unanticipated future developments that will provide low- and moderate-income housing units.

Section 6.  Affirmative Marketing Requirements

(a)        Borough of Englishtown shall adopt by resolution an Affirmative Marketing Plan, subject to approval of COAH, compliant with N.J.A.C. 5:80-26.15, as may be amended and supplemented.

(b)        The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of race, creed, color, national origin, ancestry, marital or familial status, gender, affectional or sexual orientation, disability, age or number of children to housing units which are being marketed by a developer, sponsor or owner of affordable housing.  The affirmative marketing plan is also intended to target those potentially eligible persons who are least likely to apply for affordable units in that region.  It is a continuing program that directs all marketing activities toward COAH Housing Region [insert number] and covers the period of deed restriction.

(c)        The affirmative marketing plan shall provide a regional preference for all households that live and/or work in COAH Housing Region 4 comprised of Mercer, Monmouth and Ocean Counties. 

(d)        The Administrative Agent designated by the Borough of Englishtown shall assure the affirmative marketing of all affordable units consistent with the Affirmative Marketing Plan for the municipality. 

(e)        In implementing the affirmative marketing plan, the Administrative Agent shall provide a list of counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.  

(f)         The affirmative marketing process for available affordable units shall begin at least four months prior to the expected date of occupancy.

(g)        The costs of advertising and affirmative marketing of the affordable units shall be the responsibility of the developer, sponsor or owner, unless otherwise determined or agreed to by Borough of Englishtown.

Section 7.  Occupancy Standards

(a)        In referring certified households to specific restricted units, to the extent feasible, and without causing an undue delay in occupying the unit, the Administrative Agent shall strive to:

1.     Provide an occupant for each bedroom;

2.     Provide children of different sex with separate bedrooms; and

3.     Prevent more than two persons from occupying a single bedroom.

(b)        Additional provisions related to occupancy standards (if any) shall be provided in the municipal Operating Manual.

Section 8.  Control Periods for Restricted Ownership Units and Enforcement Mechanisms

(a)        Control periods for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.5, as may be amended and supplemented, and each restricted ownership unit shall remain subject to the requirements of this Ordinance until the Borough of Englishtown elects to release the unit from such requirements however, and prior to such an election, a restricted ownership unit must remain subject to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented, for at least 30 years.

(b)       The affordability control period for a restricted ownership unit shall commence on the date the initial certified household takes title to the unit.

(c)        Prior to the issuance of the initial certificate of occupancy for a restricted ownership unit and upon each successive sale during the period of restricted ownership, the administrative agent shall determine the restricted price for the unit and shall also determine the non-restricted, fair market value of the unit based on either an appraisal or the unit’s equalized assessed value.           

(d)        At the time of the first sale of the unit, the purchaser shall execute and deliver to the Administrative Agent a recapture note obligating the purchaser (as well as the purchaser’s heirs, successors and assigns) to repay, upon the first non-exempt sale after the unit’s release from the requirements of this Ordinance, an amount equal to the difference between the unit’s non-restricted fair market value and its restricted price, and the recapture note shall be secured by a recapture lien evidenced by a duly recorded mortgage on the unit.

(e)       The affordability controls set forth in this Ordinance shall remain in effect despite the entry and enforcement of any judgment of foreclosure with respect to restricted ownership units.

(f)         A restricted ownership unit shall be required to obtain a Continuing Certificate of Occupancy or a certified statement from the Construction Official stating that the unit meets all code standards upon the first transfer of title that follows the expiration of the applicable minimum control period provided under N.J.A.C. 5:80-26.5(a), as may be amended and supplemented.

Section 9.  Price Restrictions for Restricted Ownership Units, Homeowner Association Fees and Resale Prices

Price restrictions for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, including:

(a)        The initial purchase price for a restricted ownership unit shall be approved by the Administrative Agent. 

(b)        The Administrative Agent shall approve all resale prices, in writing and in advance of the resale, to assure compliance with the foregoing standards.

(c)        The method used to determine the condominium association fee amounts and special assessments shall be indistinguishable between the low- and moderate-income unit owners and the market unit owners.

(d)        The owners of restricted ownership units may apply to the Administrative Agent to increase the maximum sales price for the unit on the basis of capital improvements.  Eligible capital improvements shall be those that render the unit suitable for a larger household or the addition of a bathroom.

Section 10.  Buyer Income Eligibility

(a)        Buyer income eligibility for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, such that low-income ownership units shall be reserved for households with a gross household income less than or equal to 50 percent of median income and moderate-income ownership units shall be reserved for households with a gross household income less than 80 percent of median income.

(b)        The Administrative Agent shall certify a household as eligible for a restricted ownership unit when the household is a low-income household or a moderate-income household, as applicable to the unit, and the estimated monthly housing cost for the particular unit (including principal, interest, taxes, homeowner and private mortgage insurance and condominium or homeowner association fees, as applicable) does not exceed 33 percent of the household’s certified monthly income.

Section 11. Limitations on indebtedness secured by ownership unit; subordination

(a)        Prior to incurring any indebtedness to be secured by a restricted ownership unit, the administrative agent shall determine in writing that the proposed indebtedness complies with the provisions of this section.

(b)        With the exception of original purchase money mortgages, during a control period neither an owner nor a lender shall at any time cause or permit the total indebtedness secured by a restricted ownership unit to exceed 95 percent of the maximum allowable resale price of that unit, as such price is determined by the administrative agent in accordance with N.J.A.C.5:80-26.6(b).

Section 12.  Control Periods for Restricted Rental Units

(a)        Control periods for restricted rental units shall be in accordance with N.J.A.C. 5:80-26.11, as may be amended and supplemented, and each restricted rental unit shall remain subject to the requirements of this Ordinance until the [insert name of municipality] elects to release the unit from such requirements pursuant to action taken in compliance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, and prior to such an election, a restricted rental unit must remain subject to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented, for at least 30 years.

(b)        Deeds of all real property that include restricted rental units shall contain deed restriction language.  The deed restriction shall have priority over all mortgages on the property, and the deed restriction shall be filed by the developer or seller with the records office of the County of Monmouth County.  A copy of the filed document shall be provided to the Administrative Agent within 30 days of the receipt of a Certificate of Occupancy.

(c)        A restricted rental unit shall remain subject to the affordability controls of this Ordinance, despite the occurrence of any of the following events:

1.     Sublease or assignment of the lease of the unit;

2.     Sale or other voluntary transfer of the ownership of the unit; or

3.     The entry and enforcement of any judgment of foreclosure.

Section 13.  Price Restrictions for Rental Units; Leases

(a)        A written lease shall be required for all restricted rental units, except for units in an assisted living residence, and tenants shall be responsible for security deposits and the full amount of the rent as stated on the lease.  A copy of the current lease for each restricted rental unit shall be provided to the Administrative Agent.

(b)        No additional fees or charges shall be added to the approved rent (except, in the case of units in an assisted living residence, to cover the customary charges for food and services) without the express written approval of the Administrative Agent. 

(c)            Application fees (including the charge for any credit check) shall not exceed five percent of the monthly rent of the applicable restricted unit and shall be payable to the Administrative Agent to be applied to the costs of administering the controls applicable to the unit as set forth in this Ordinance.

Section 14.  Tenant Income Eligibility

(a)        Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13, as may be amended and supplemented, and shall be determined as follows:

1.     Very low-income rental units shall be reserved for households with a gross household income less than or equal to 30 percent of median income.

2.     Low-income rental units shall be reserved for households with a gross household income less than or equal to 50 percent of median income.

3.     Moderate-income rental units shall be reserved for households with a gross household income less than 80 percent of median income.

(b)        The Administrative Agent shall certify a household as eligible for a restricted rental unit when the household is a very low-income, low-income household or a moderate-income household, as applicable to the unit, and the rent proposed for the unit does not exceed 35 percent (40 percent for age-restricted units) of the household’s eligible monthly income as determined pursuant to N.J.A.C. 5:80-26.16, as may be amended and supplemented; provided, however, that this limit may be exceeded if one or more of the following circumstances exists:

1.     The household currently pays more than 35 percent (40 percent for households eligible for age-restricted units) of its gross household income for rent, and the proposed rent will reduce its housing costs;

2.     The household has consistently paid more than 35 percent (40 percent for households eligible for age-restricted units) of eligible monthly income for rent in the past and has proven its ability to pay;

3.     The household is currently in substandard or overcrowded living conditions;

4.     The household documents the existence of assets with which the household proposes to supplement the rent payments; or

5.     The household documents proposed third-party assistance from an outside source such as a family member in a form acceptable to the Administrative Agent and the owner of the unit.

(c)        The applicant shall file documentation sufficient to establish the existence of the circumstances in (b)1 through 5 above with the Administrative Agent, who shall counsel the household on budgeting.

Section 15.  Administration

(a)        The position of Municipal Housing Liaison (MHL) for Borough of Englishtown is established by this ordinance. The Borough Council shall make the actual appointment of the MHL by means of a resolution.

1.      The MHL must be either a full-time or part-time employee of Borough of Englishtown.

2.      The person appointed as the MHL must be reported to COAH for approval.

3.      The MHL must meet all COAH requirements for qualifications, including initial and periodic training.

4.     The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the Borough of Englishtown, including the following responsibilities which may not be contracted out to the Administrative Agent:

i.        Serving as the municipality’s primary point of contact for all inquiries from the State, affordable housing providers, Administrative Agents and interested households;

ii.       The implementation of the Affirmative Marketing Plan and affordability controls.

iii.      When applicable, supervising any contracting Administrative Agent.

iv.      Monitoring the status of all restricted units in the Borough of Englishtown’s Fair Share Plan;   

v.       Compiling, verifying and submitting annual reports as required by COAH;

vi.      Coordinating meetings with affordable housing providers and Administrative Agents, as applicable; and

vii.     Attending continuing education opportunities on affordability controls, compliance monitoring and affirmative marketing as offered or approved by COAH.

(b)        The Borough of Englishtown shall designate by resolution of the Borough Council subject to the approval of COAH, one or more Administrative Agents to administer newly constructed affordable units in accordance with N.J.A.C. 5:96, N.J.A.C. 5:97 and UHAC.

(c)        An Operating Manual shall be provided by the Administrative Agent(s) to be adopted by resolution of the governing body and subject to approval of COAH. The Operating Manuals shall be available for public inspection in the Office of the Municipal Clerk and in the office(s) of the Administrative Agent(s).

 (d)       The Administrative Agent shall perform the duties and responsibilities of an administrative agent as are set forth in UHAC and which are described in full detail in the Operating Manual, including those set forth in N.J.A.C. 5:80-26.14, 16 and 18 thereof, which includes:

1.    Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by COAH;

2.     Affirmative Marketing;

2.     Household Certification;

3.      Affordability Controls;

4.     Records retention;

5.     Resale and re-rental;

6.    Processing requests from unit owners; and

7.  Enforcement, though the ultimate responsibility for retaining controls on the units rests with the municipality.

8.     The Administrative Agent shall have authority to take all actions necessary and appropriate to carry out its responsibilities, hereunder. 

Section 16.  Enforcement of Affordable Housing Regulations

(a)        Upon the occurrence of a breach of any of the regulations governing the affordable unit by an Owner, Developer or Tenant the municipality shall have all remedies provided at law or equity, including but not limited to foreclosure, tenant eviction, municipal fines, a requirement for household recertification, acceleration of all sums due under a mortgage, recoupment of any funds from a sale in the violation of the regulations, injunctive relief to prevent further violation of the regulations, entry on the premises, and specific performance.

(b)        After providing written notice of a violation to an Owner, Developer or Tenant of a low- or moderate-income unit and advising the Owner, Developer or Tenant of the penalties for such violations, the municipality may take the following action against the Owner, Developer or Tenant for any violation that remains uncured for a period of 60 days after service of the written notice:

1.    The municipality may file a court action pursuant to N.J.S.A. 2A:58-11 alleging a violation, or violations, of the regulations governing the affordable housing unit. If the Owner, Developer or Tenant is found by the court to have violated any provision of the regulations governing affordable housing units the Owner, Developer or Tenant shall be subject to one or more of the following penalties, at the discretion of the court:

i.        A fine of not more than $500 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;

ii.       In the case of an Owner who has rented his or her low- or moderate-income unit in violation of the regulations governing affordable housing units, payment into the Borough of Englishtown Affordable Housing Trust Fund of the gross amount of rent illegally collected;

iii.      In the case of an Owner who has rented his or her low- or moderate-income unit in violation of the regulations governing affordable housing units, payment of an innocent tenant's reasonable relocation costs, as determined by the court.

2.     The municipality 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.

(c)        Such judgment shall be enforceable, at the option of the municipality, 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 municipality, including attorney's fees. The violating Owner shall have the right to possession terminated as well as the title conveyed pursuant to the Sheriff's sale.

(d)        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 municipality 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 municipality 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 municipality 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 municipality 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 municipality 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             municipality. Any interest accrued or earned on such balance while being held in escrow shall belong to and shall be paid to the municipality, whether such balance shall be paid to the Owner or forfeited to the municipality.

(e)            Foreclosure by the municipality due to violation of the regulations governing affordable housing units shall not extinguish the restrictions of the regulations governing affordable  housing units 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 the regulations governing the affordable housing unit. 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.

(f)         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 municipality 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 the regulations governing affordable housing units. This excess shall be treated in the same manner as the excess which would have been realized from an actual sale as previously described.

(g)        Failure of the low- and moderate-income unit to be either sold at the Sheriff's sale or acquired by the municipality shall obligate the Owner to accept an offer to purchase from any qualified purchaser which may be referred to the Owner by the municipality, with such offer to purchase being equal to the maximum resale price of the low- and moderate-income unit as permitted by the regulations governing affordable housing units.

(h)        The Owner shall remain fully obligated, responsible and liable for complying with the terms and restrictions of governing affordable housing units until such time as title is conveyed from the Owner.

Section 17.  Appeals

Appeals from all decisions of an Administrative Agent designated pursuant to this Ordinance shall be filed in writing with the Executive Director of COAH.

REPEALER

All Ordinances or parts of Ordinances inconsistent herewith are repealed as to such inconsistencies.                        

SEVERABILITY

If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any 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 thereof.

EFFECTIVE DATE

This ordinance shall take effect upon passage and publication as provided by law.

Public Hearing

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

 

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

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

 

Adoption

A motion to adopt Ordinance No.2009-17, above titled, was offered by C/Robilotti and

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

 

Roll Call:          Ayes:    C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                        Nays:   None

                    Abstain:    None

                     Absent:    None

 

BOROUGH OF ENGLISHTOWN                 PUBLIC HEARING & ADOPTION

ORDINANCE NO. 2009-18

 

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

 

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

Ordinance numbers 97-02, 98-06, 99-07, 2002-03, 2003-09, 2004-07, 2006-23 and 2008-09are hereby amended/supplemented:

           

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

 

POSITION                                                                                   SALARIES                                                                                                                                     MINIMUM                           MAXIMUM

VIOLATIONS CLERK                                                    $   8.00 per hr                      $  11.00 per hr

 

SPECIAL LAW ENFORCEMENT OFFICER-CLASS II          $ 10.00 per hr                      $  14.00 per hr

 

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

aforementioned salary guidelines.

 

            Section III:  Payment of salaries shall be in equal semi-monthly or other installments

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

 

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

 hereby repealed.

 

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

 to law.

 

Public Hearing

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

 

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

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

 

Adoption

A motion to adopt Ordinance No.2009-18, above titled, was offered by C/Carr and

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

 

Roll Call:          Ayes:    C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Wojyn

                        Nays:   C/Rucker

                    Abstain:    None

                     Absent:   None

 

New Business

BOROUGH OF ENGLISHTOWN                 FIRST READING & INTRODUCTION

ORDINANCE NO. 2010-01

 

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 1.35

OF THE CODE OF THE BOROUGH OF ENGLISHTOWN

ENTITLED “MUNICIPAL COURT”

ESTABLISHING THE TITLE OF VIOLATIONS CLERK

 

A motion to introduce the above ordinance by title only was offered by C/Robilotti and seconded by C/Carr.  Passed on the following roll call:

 

Offered By:                  C/Robilotti

 

Seconded By:               C/Carr

 

Roll Call:  Ayes:     C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn,

                  Nays:   None

 Abstain:   None

 Absent:  None

 

Peter Gorbatuk, Municipal Clerk states the public hearing and adoption will be held at the January 27, 2010 council meeting.

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-040

 

RESOLUTION OF THE MAYOR AND COUNCIL OF THE BOROUGH OF ENGLISHTOWN ADOPTING AND IMPLEMENTING AN AFFIRMATIVE FAIR HOUSING MARKETING PLAN FOR AFFORDABLE HOUSING

 

            WHEREAS, the Borough of Englishtown has introduced Ordinance No. 2009-17 entitled “An Ordinance of the Borough of Englishtown to Address the Requirements of the Council on Affordable Housing (COAH) Regarding Compliance with the Municipality’s Prior Round and Third Round Affordable Housing Obligations”; and

 

            WHEREAS, Acting in compliance with COAH regulations, the Borough of Englishtown has heretofore entered into an Agreement with the County of Monmouth to participate in it’s Housing Improvement Program to assist the Borough in meeting its Affordable Housing obligation of 7 Rehabilitation units and 32 Rental units; and

 

            WHEREAS, the Borough has commissioned the preparation of an Affirmative Fair Housing Marketing Plan for Affordable Housing and has reviewed same and finds to be acceptable.

 

            NOW, THEREFORE, IT IS HEREBY RESOLVED by the Mayor and Council of the Borough of Englishtown that the Affirmative Fair Housing Marketing Plan for Affordable Housing which is annexed hereto and incorporated herein by reference, be, and the same is adopted and implemented as official policy of the Borough of Englishtown.

 

            BE IT FURTHER RESOLVED that a certified true copy of this Resolution be forwarded to the Council on Affordable Housing by the Borough Clerk.

 

Offered by:                   C/Robilotti      

 

Seconded by:               C/Carr

 

Roll Call:         Ayes:        C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                        Nays:      None

                     Absent:      None

                    Abstain:      None

 

 BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-041

 

RESOLUTION AUTHORIZING THE MAYOR AND MUNICIPAL CLERK

OF THE BOROUGH OF ENGLISHTOWN TO EXECUTE A SERVICE AGREEMENT WITH THE MONMOUTH COUNTY BOARD OF CHOSEN FREEHOLDERS FOR THE ADMINISTRATION OF THE ENGLISHTOWN BOROUGH MOUNT LAUREL INDIGENOUS NEED REHABILITATION PROGRAM

 

            WHEREAS, the Borough of Englishtown has determined that there are units in need of rehabilitation located in the Borough of Englishtown; and

 

            WHEREAS, the Monmouth County Board of Chosen Freeholders has offered the services of its Community Development Program staff to the Borough of Englishtown for the administration of its indigenous need rehabilitation program; and

 

            WHEREAS, the Borough of Englishtown has decided that it is in their residents best interests to develop an Indigenous Need Rehabilitation Program and to accept the County’s offer of administering the Englishtown Borough Indigenous Need Rehabilitation Program; and

 

            WHEREAS, the County of Monmouth has agreed to provide this service for a fee of $5,100.00 per unit since it is in the best interests of the residents of the county.

 

            NOW, THEREFORE, BE IT RESOLVED by the Borough of Englishtown that the Englishtown Borough Service Agreement attached hereto be and the same is hereby approved and authorized.

 

            BE IT FURTHER RESOLVED, that the Mayor and Municipal Clerk of the Borough of Englishtown be and they are hereby authorized to execute the Memorandum of Agreement and any and all other such documents as may be necessary to administer the Englishtown Borough Indigenous Need Rehabilitation Program.

 

            BE IT FURTHER RESOLVED that the Municipal Clerk of the Borough of Englishtown forward a certified true copy of this resolution with attachments to the Director of the Monmouth County Community Development Program.

 

       Offered by:      C/Rucker        

 

       Seconded by:      C/Robilotti

 

        Roll Call:    Ayes:      C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                          Nays:       None

                        Absent:       None

                        Abstain:      None

 

      BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-042

 

RESOLUTION OF THE BOROUGH OF ENGLISHTOWN

COUNTY OF MONMOUTH, STATE OF NEW JERSEY

AUTHORIZING THE APPROVAL OF DEPARTMENT REQUISITIONS

 

            WHEREAS, the Mayor and Council have carefully examined all requisitions presented to the Borough for the processing into purchase orders; and

 

            WHEREAS, after due consideration of the said requisitions, the Mayor and Council have approved processing 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 requisitions amounting to the sum of $5,386.55

are hereby authorized to be processed into purchase orders on January 4, 2010.

 

2.        The Borough Clerk is hereby directed to list on the page in the Minutes Book following the minutes of this meeting all of the said requisitions hereby authorized to be processed into purchase orders.

 

Offered by:                   C/Robilotti      

 

Seconded by:               C/Rucker

 

Roll Call:            Ayes:          C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                        Nays:            None

                     Absent:             None

                    Abstain:             None

 

BOROUGH OF ENGLISHTOWN

RESOLUTION NO. 2010-043

 

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 $137,804.46

                   are hereby authorized to be paid on January 4, 2010.

 

2.      The Borough Clerk 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/Rucker        

 

Seconded by:               C/Robilotti

 

Roll Call:          Ayes:   C/Carr, C/Cooke, C/Krawiec, C/Robilotti, C/Rucker, C/Wojyn

                        Nays:   None

                     Absent:   None

                    Abstain:   None

 

Public Portion

 

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

 

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

 

Executive Session

 

There is no executive session this evening.

 

C/Robilotti publicly thanks the Public Works Department for the great job they did with snow removal.

 

Adjournment

 

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

 

The time being 8:08 P.M.

 

  

___March 24, 2010________                                          ________________________

Approved by Governing Body                                          Municipal Clerk