Mayor and Council

FAIR HAVEN BOROUGH COUNCIL REGULAR MEETING AGENDA MARCH 13, 2023, 7:00 P.M. HYBRID MEETING (IN-PERSON AND ZOOM) Zoom Link: HTTPS://US02WEB.ZOOM.US/J/89908526225 iPhone or Land Line Telephone Call In: 1-301-715-8592 Webinar ID: 899 0852 6225 1. Call to Order: pm 2. Salute to the Flag: 3. Moment of Silent Reflection: 4. Sunshine Law Notice: 5. Roll Call: Councilmembers Cole Hoey Koch LaBarbera Neff Rodriguez 6. Presentation -2022 Annual Report - Fair Haven Shade Tree Commission -Leon S. Avakian Engineering:  Matt Mariano, Avakian Engineer: McCarter Pond Hydro-raking Update 7. Workshop Session -Tree Removal Appeal from Lindsey and Brad Koechling, 37 Elmwood Lane -Finance Update:  Issuance and Sale of Bond Anticipation Notes to the Monmouth County Improvement Authority  2023 Municipal Budget -Fence Ordinance (Corner Lots) -Vacant/Abandoned Property Ordinance -Short Term Rental Ordinance -Street Opening Ordinance Amendment 8. Public Comment on Agenda Items 9. Approval of Minutes -February 27, 2023 Regular Meeting -February 27, 2023 Executive Session 10. Old Business -Facilities Update:  Gabel Report: Solar - Cash Flow Analysis  Roof Maintenance Systems Report: DPW and Borough Hall Roof 11. New Business Council Committee Reports Finance - Councilwoman Neff Personnel - Councilwoman Hoey Parks and Recreation - Councilwoman Hoey Planning Board - Councilwoman Koch Police, Fire & OEM - Councilman Rodriguez Engineering and DPW - Councilman LaBarbera Borough Facilities - Councilman LaBarbera Zoning Board of Adjustment - Councilman LaBarbera Borough Communications and Community Outreach - Councilwoman Cole  Introduction of Ordinances 2023-02 Amendments to Land Use Code Consent Agenda Resolutions 2023-81 Executive Session: Personnel and Contract Negotiations 2023-82 Approve 2023 Non-Aligned Employee Salaries 2023-83 Approve Borough Engineer Contract (2022-2024) 2023-84 Approve Interlocal Service Agreement with Rumson - Construction Code Services 2023-85 Approve Personnel Policy Amendment, Holidays - Christmas Eve 2023-86 Approve Tax Overpayment Refund - 50 Laury Drive 2023-87 Authorize Monmouth County Mosquito Control Division to conduct Aerial Mosquito Control Operations 2023-88 Amend 2023 Temporary Appropriations 2023-89 Appoint Part-time Class II Special Officer - Christopher Lackner 2023-90 Appoint Part-time School Crossing Guard - Timothy Wisely 2023-91 Approve Irrevocable License for 68 Battin Road - Drainage Easement Encroachment 2023-92 Payment of Vouchers Department Reports 2022 Annual Report -Tax Collector February 2023 -Municipal Clerk -Dog License -Planning Board and Zoning Board 12. Good of the Borough - Please stand and identify yourself by clearly stating your name and address for the record (Please observe a time limit of three minutes) 13. Executive Session Possible Resolutions to be considered after Executive Session 2023-93 Appoint PT Temporary Library Assistant - Laura Anderson 2023-94 Appointment of Architect for DPW Facility 2023-95 Approve Additional Costs for Community Center 2023-96 Authorize Bid Process for DPW and Borough Hall Roof Replacement 14. Adjournment PROCEDURE FOR CITIZEN PARTICIPATION AT COUNCIL MEETINGS The Fair Haven Borough Council and the Mayor welcome comments, suggestions and inquiries from residents of Fair Haven. To that end, provision is made for a public discussion period at each meeting. It is listed as: “Public Discussion” – near the end of the meeting where any topic may be addressed. You must wait to be recognized by the Mayor. IDENTIFY YOURSELF BY CLEARLY STATING YOUR NAME AND ADDRESS FOR THE RECORD. Limit your comments to three (3) minutes. Once a particular topic has been addressed by a member of the public, he/she will not be recognized to talk again on the same topic until all others have been heard a first time. If you wish to reserve time to speak in advance, you may address your request to Allyson Cinquegrana at 732-747-0241 extension *221, by noon on the Friday preceding the meeting. You will NOT be recognized, NOR SHOULD YOU COMMENT OR CARRY ON A DEBATE OR DIALOGUE WHILE BUSINESS OF THE BOROUGH IS BEING ADDRESSED BY MAYOR AND COUNCIL.  Next Council Meeting: Monday, March 27th, 1:30 p.m. @ Knollwood School IN PERSON ONLY  COUNCIL OF THE BOROUGH OF FAIR HAVEN MONMOUTH COUNTY, NEW JERSEY RESOLUTION Motion by: Second by: AFFIRMATIVE: NEGATIVE: ABSTAIN: ABSENT: RESOLUTION NO. 2023-81 TITLE: EXECUTIVE SESSION WHEREAS, the Open Public Meetings, P. L. 1975, Chapter 231 permits the exclusion of the public from a meeting in certain circumstances; and WHEREAS, this public body is of the opinion that such circumstances presently exist; and WHEREAS, the Governing Body may wish to discuss the following matters: Personnel 1. Library Staffing Contract Negotiations 1. Architect for DPW Facility 2. Goldstein Partnership WHEREAS, minutes will be kept and once the matter involving the confidentiality of the above no longer requires that confidentiality, then the minutes can be made public. NOW, THEREFORE, BE IT RESOLVED that the public be excluded from this meeting.  COUNCIL OF THE BOROUGH OF FAIR HAVEN MONMOUTH COUNTY, NEW JERSEY RESOLUTION Motion by: Second by: AFFIRMATIVE: NEGATIVE: ABSTAIN: ABSENT: RESOLUTION NO. 2023-82 TITLE: ESTABLISH 2023 SALARIES FOR NON-UNION BOROUGH EMPLOYEES WHEREAS, Borough Salary Ordinance No. 2022-07, provides for salary ranges for designated municipal employees; and WHEREAS, the exact amount of each salary is to be determined by the Borough Council of the Borough of Fair Haven with the recommendation of the Borough Administrator. NOW, THEREFORE, BE IT RESOLVED that the following non-contractual individuals shall be paid the regular base salary for the year 2023, for their services to the Borough of Fair Haven in the designated positions as follows: EMPLOYEE POSITION 2023 Allyson Cinquegrana Borough Clerk $81,395.00 Allyson Cinquegrana Assistant Administrator 14,582.00 Nancy Britton Assistant Chief Financial Officer 65,344.00 Nancy Britton Qualified Purchasing Agent 10,200.00 Betty Ann Berube Administrative Assistant/Registrar 47,048.00 Betty Ann Berube Director of Communications 5,100.00 Gregory Hutchinson Tax Assessor 30,842.00 Peter Lucas Municipal Court Judge 15,623.00 Darryl Breckenridge, Jr. Director of Parks and Recreation, Events 67,984.00 Darry Breckenridge, Jr. Special Project Administrator 10,455.00 Donna Powers Librarian 53,300.00 Annette Bufano Assistant Librarian 39,159.00 Nicolas Poruchynsky Assistant Director of Engineering and Public Works 80,521.00 Nicolas Poruchynsky Zoning Officer 28,155.00 Nicolas Poruchynsky Flood Plain Administrator 7,212.00 Various Employees Permanent Crossing Guard 14,688.00 Hourly Employees Joseph Mulé Planning & Zoning Code Compliance 25.50/hour Jeffrey Jarvis Part-Time Public Works Laborer 23.50/hour Krystie Larsen Part-Time Central Office Administrative Assistant 25.50/hour Sandra Papa Part-Time Planning Board and Zoning Board Secretary 25.50/hour Catherine Palma Part Time Library Assistant 20.50/hour Erin Hendrickson Part Time Police Records Clerk 23.25/hour Bonnie Ferris Part Time Police Records Clerk 22.25/hour Various Employees Part Time Crossing Guards 20.50/hour Special Officers - Class I 16.50/hour Special Officers - Class II 20.00/hour Police Matron 19.00/hour DPW Seasonal 17.50/hour  COUNCIL OF THE BOROUGH OF FAIR HAVEN MONMOUTH COUNTY, NEW JERSEY RESOLUTION Motion by: Second by: AFFIRMATIVE: NEGATIVE: ABSTAIN: ABSENT: RESOLUTION NO. 2023-83 TITLE: AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH RICHARD GARDELLA, DIRECTOR OF ENGINEERING AND DEPARTMENT OF PUBLIC WORKS AND PLANNING BOARD ENGINEER: 2022-2024 WHEREAS, Richard Gardella currently serves as the Director of Engineering and Department of Public Works and Planning Board Engineer; and WHEREAS, the Borough Council has agreed to enter into a three (3) year contract from 2022-2024 with Mr. Gardella as further described below. NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Fair Haven, County of Monmouth, State of New Jersey, that Mayor Halpern is authorized to execute an agreement with Richard Gardella for a three (3) year term as per the contract attached as Exhibit A. BE IT FURTHER RESOLVED that this resolution and contract become retroactive to January 1, 2022.  COUNCIL OF THE BOROUGH OF FAIR HAVEN MONMOUTH COUNTY, NEW JERSEY RESOLUTION Motion by: Second by: AFFIRMATIVE: NEGATIVE: ABSTAIN: ABSENT: RESOLUTION NO. 2023-84 TITLE: AUTHORIZE EXECUTION OF AN INTERLOCAL SERVICE AGREEMENT WITH THE BOROUGH OF RUMSON FOR CONSTRUCTION CODE SERVICES (2023-2026) WHEREAS, the Borough of Rumson presently provides Uniform Construction Code services to the Borough of Fair Haven; and WHEREAS, the Borough of Rumson will continue to serve as the Interlocal Enforcing Agency pursuant to N.J.A.C. 5:23-4.6 et seq and said services shall include that of the Construction Code Official and of the Building, Electrical, Fire and Plumbing Subcodes; and WHEREAS, the proposed agreement under the Interlocal Service Act, N.J.S.A. 40:8A-1, is in the best interests of the municipalities and will tend to promote economy and efficiency in governing. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Fair Haven that the Mayor and Borough Clerk be and hereby are authorized to enter into an agreement with the Borough of Rumson for the provision of Construction Code Services t the Borough of Fair Haven for the period of January 1, 2023 through December 31, 2026.  COUNCIL OF THE BOROUGH OF FAIR HAVEN MONMOUTH COUNTY, NEW JERSEY RESOLUTION Motion by: Second by: AFFIRMATIVE: NEGATIVE: ABSTAIN: ABSENT: RESOLUTION NO. 2023-85 TITLE: AMEND THE BOROUGH’S PERSONNEL POLICY REGARDING PAID HOLIDAYS BE IT RESOLVED by the Mayor and Council of the Borough of Fair Haven that the Borough Administrator is hereby authorized to amend the Paid Holiday Section of the Borough’s Personnel Policy as per the attached (Exhibit A):  COUNCIL OF THE BOROUGH OF FAIR HAVEN MONMOUTH COUNTY, NEW JERSEY RESOLUTION Motion by: Second by: AFFIRMATIVE: NEGATIVE: ABSTAIN: ABSENT: RESOLUTION NO. 2023-86 TITLE: REFUND OF 1st QUARTER, 2023 PROPERTY TAX OVERPAYMENT - 50 LAURY DRIVE WHEREAS, the Tax Collector, has provided a request for a tax overpayment refund for 1st Quarter 2023 and advises that the following property owner qualifies for a refund as follows: Owner Address Block Lot Refund____ Joan Aufderhar 50 Laury Drive 22 42 $1,627.70 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Fair Haven that the Tax Collector and Chief Financial Officer are hereby authorized to pay said refund in the amount listed above.  COUNCIL OF THE BOROUGH OF FAIR HAVEN MONMOUTH COUNTY, NEW JERSEY RESOLUTION Motion by: Second by: AFFIRMATIVE: NEGATIVE: ABSTAIN: ABSENT: RESOLUTION NO. 2023-87 TITLE: AUTHORIZING THE MONMOUTH COUNTY MOSQUITO CONTROL DIVISION TO CONDUCT AERIAL MOSQUITO CONTROL OPERATIONS WITHIN THE BOROUGH OF FAIR HAVEN WHEREAS, the Monmouth County Board of Commissioners, pursuant to NJSA 26:9-27, et seq., has elected through its Mosquito Control Division to perform all acts necessary for the elimination of mosquito breeding areas and/or to exterminate mosquitoes within the County; and WHEREAS, the County has instituted an Integrated Pest Management Program consisting of surveillance, water management, biological control and chemical control to exterminate the mosquito population within the County of Monmouth; and WHEREAS, prior to conducting aerial dispensing operations over a designated “congested area”, the County is required, pursuant to Federal Aviation Administration Regulation (FAR Part 137.51), to secure prior written approval from the governing body of the political subdivision over which the aircraft is to be operated; and WHEREAS, the Borough of Fair Haven is designated as a “congested area” by the Federal Aviation Administration and the County has requested that this governing body consent to its proposed aerial dispensing operations. NOW THEREFORE BE IT RESOLVED as follows: 1. The Mayor and Council of the Borough of Fair Haven hereby authorizes the County of Monmouth Mosquito Control Division or its agent to apply pesticides, by aircraft, for mosquito control in certain areas of the municipality designated by the County as being either larval mosquito habitat or areas harboring high populations of mosquitoes constituting either a nuisance, a health hazard or both with the understanding that: a. The County shall utilize pesticides, application equipment and aircraft that are approved for aerial applications by the applicable Federal (USEPA) and State (NJDEP) agencies; and b. Such operations will be performed in compliance with applicable Federal and State regulations; and c. The County will notify the police department of each municipality over which aerial pesticide operations are planned prior to commencement of such operations.  COUNCIL OF THE BOROUGH OF FAIR HAVEN MONMOUTH COUNTY, NEW JERSEY RESOLUTION Motion by: Second by: AFFIRMATIVE: NEGATIVE: ABSTAIN: ABSENT: RESOLUTION NO. 2023-88 TITLE: TEMPORARY EMERGENCY APPROPRIATION WHEREAS, emergent conditions have arisen with respect to the payment of bills in a number of accounts and no adequate provision has been made in a Year 2023 temporary budget for the aforesaid purposes; and WHEREAS, NJSA 40A:4-20 provides for the creation of an emergency temporary appropriation for the purposes above mentioned; and WHEREAS, the total temporary emergency resolutions adopted in the year 2023 for the Borough pursuant to the provisions of Chapter 96, PL 1951 (NJSA 40A:4-20) including this resolution total $3,012,538.14 for the Current Fund. NOW, THEREFORE, BE IT RESOLVED that not less than two-thirds of all members of the Borough Council of the Borough of Fair Haven, New Jersey affirmatively concurring in accordance with the provisions of NJSA 40A:4-20: 1. An emergency temporary appropriation shall be and the same is hereby made for the following purposes: Account Number Description Amount Reason Current Account 3-01-21-185-211 Zoning Bd. - Contractual $5,000.00 Temp Budget 3-01-23-222-227 Waiver - Medical $6,000.00 Temp Budget 3-01-25-255-207 Fire Department-Other Expenses $5,000.00 Temp Budget 3-01-25-260-219 First Aid - Supplies $4,000.00 Temp Budget 3-01-25-265-276 Fire Hydrants $23,500.00 Temp Budget Vehicle Mtn. - New Temp Budget 3-01-26-315-235 Equipment/Repair $5,000.00 3-01-26-330-211 Board of Health Contractual $500.00 Temp Budget 3-01-31-446-276 Natural Gas - Utilities $10,000.00 Temp Budget 3-01-36-471-299 PERS Miscellaneous $225,000.00 Temp Budget 3-01-36-475-299 PFRS Miscellaneous $540,000.00 Temp Budget 3-01-43-494-202 Recycling Tax $2,500.00 Temp Budget 3-01-43-495-211 Public Defender - Contractual $600.00 Temp Budget TOTAL $827,100.00 2. That said emergency temporary appropriations will be provided for in the 2023 budget under the appropriate titles. 3. That one certified copy of this resolution will be filed with the Director of Local Government Services.  COUNCIL OF THE BOROUGH OF FAIR HAVEN MONMOUTH COUNTY, NEW JERSEY RESOLUTION Motion by: Second by: AFFIRMATIVE: NEGATIVE: ABSTAIN: ABSENT: RESOLUTION NO. 2023-89 TITLE: APPOINT SPECIAL LAW ENFORCEMENT OFFICER, CLASS II, CHRISTOPHER LACKNER WHEREAS, a request was made by Police Chief Joseph McGovern to appoint a Special Law Enforcement Officer Class II, effective March 14, 2023; and WHEREAS, Joseph McGovern, Fair Haven Police Chief, has recommended that Christopher Lackner be appointed as a Special Law Enforcement Officer, Class II. WHEREAS, the rate of pay for this position is $20.00 per hour. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Fair Haven that Christopher Lackner. be appointed to the position of Special Class II Officer.  COUNCIL OF THE BOROUGH OF FAIR HAVEN MONMOUTH COUNTY, NEW JERSEY RESOLUTION Motion by: Second by: AFFIRMATIVE: NEGATIVE: ABSTAIN: ABSENT: RESOLUTION NO. 2023-90 TITLE: APPOINTMENT OF PART-TIME SCHOOL CROSSING GUARD WHEREAS, there is a need for part-time School Crossing Guards; and WHEREAS, Chief Joseph McGovern has recommended that Timothy Wisely be appointed as a Part Time School Crossing Guard, effective March 14, 2023 at an hourly salary of $20.50 BE IT RESOLVED by the Mayor and Council of the Borough of Fair Haven that Timothy Wisely is hereby appointed as part-time School Crossing Guard as noted above.  COUNCIL OF THE BOROUGH OF FAIR HAVEN MONMOUTH COUNTY, NEW JERSEY RESOLUTION Motion by: Second by: AFFIRMATIVE: NEGATIVE: ABSTAIN: ABSENT: RESOLUTION NO. 2023-91 TITLE: APPROVING IRREVOCABLE LICENSE FOR 68 BATTIN ROAD, ALSO KNOWN AS BLOCK 27, LOT 31 – DRAINAGE EASEMENT ENCROACHMENT WHEREAS, the Borough of Fair Haven (the “Borough”) maintains various easements and rights-of- way for the purpose of facilitating municipal infrastructure throughout the Borough; and WHEREAS, Tracy D. Hubbell (the “Owner”) is the titled owners of 68 Battin Road, Fair Haven, NJ 07704, also known as Block 27, Lot 31 (the “Property”); and WHEREAS, the Property was encumbered by a 10 foot-wide drainage easement along the northern property line, dated November 29, 1956, which was recorded in Deed Book 2737 Page 152 on February 14, 1957, (“Drainage Easement”); and WHEREAS, prior to the establishment of the Drainage Easement through the date hereof, there has been a dwelling structure and a secondary structure already existing upon the Property (the “Structures”) and within the Drainage Easement area; and WHEREAS, the circumstances are unclear as to why the Drainage Easement was drawn such that it created encumbrances from its inception; and WHEREAS, a drainage pipe was constructed in the Drainage Easement, such pipe being located close to the northern property line of the subject property and not located under the Structures; and WHEREAS, the Owner has recently purchased the property and a requirement of the Owner’s title company is to obtain this license; and WHEREAS, the existence of the Drainage Easement was a significant obstacle in the sale of the property which affects title and an escrow was established pending a resolution of the issue. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Fair Haven hereby approve an Irrevocable License, attached to this Resolution as Exhibit “A”, with the Owner of the Property to resolve the encroachment until such time as the Structures on the Property are demolished or destroyed, and the Mayor is hereby authorized to execute the appropriate paperwork to effectuate same.  COUNCIL OF THE BOROUGH OF FAIR HAVEN MONMOUTH COUNTY, NEW JERSEY RESOLUTION Motion by: Second by: AFFIRMATIVE: NEGATIVE: ABSTAIN: ABSENT: RESOLUTION NO. 2023-92 TITLE: PAYMENT OF VOUCHERS BE IT RESOLVED by the Governing Body of the Borough of Fair Haven that the vouchers listed for payment on the March 13, 2023 Bill List are hereby approved and the Finance Department is hereby authorized to release payment to the various vendors. 2022 CURRENT FUND ACCOUNT $ 30,461.74 2023 CURRENT FUND ACCOUNT $ 157,571.99 GENERAL CAPITAL $ 47,571.40 GRANT FUND $ 245.00 PAYROLL AGENCY $ 15,717.82 OTHER TRUST $ 4,547.07 DOG TRUST $ 61.20 $ 256,176.22 LESS VOIDED CHECKS - 6,179.14 $ 249,997.08 CURRENT CHECK NO. 63709, $ 415.20 CURRENT CHECK NO. 63784, $5,763.94