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Mayor and Council

Regular Meeting

Fair Haven, NJ · July 10, 2023

AgendaMinutes

Minutes

FAIR HAVEN BOROUGH COUNCIL JULY 10, 2023 The meeting was called to order by Mayor Halpern at 7:00 p.m. The Flag Salute was followed by a Moment of Silent Reflection. The following Sunshine Law Statement was read: IN ACCORDANCE WITH THE PROVISIONS OF THE OPEN PUBLIC MEETINGS ACT, PUBLIC MEETINGS MAY BE HELD IN PERSON OR BY MEANS OF COMMUNICATION EQUIPMENT TO INCLUDE STREAMING SERVICES AND OTHER ONLINE MEETING PLATFORMS (NJSA 10:4-8(b)). THIS MEETING IS BEING HELD IN-PERSON AND THROUGH THE ZOOM MEETING PLATFORM, BEING BROADCAST FROM BOROUGH HALL, 748 RIVER ROAD, FAIR HAVEN, NJ. PUBLIC PARTICIPATION FOR THIS REGULAR COUNCIL MEETING OF JULY 10, 2023 IS AVAILABLE BY CALL IN PHONE NUMBER OR THROUGH WEB CONFERENCE (ZOOM). MEMBERS OF THE PUBLIC WILL BE ON MUTE UNTIL IT IS TIME FOR QUESTIONS AND COMMENTS, WHICH WILL BE ANNOUNCED. AT THAT TIME, THE PUBLIC HAS THE OPPORTUNITY TO QUESTION/COMMENT BY PHONE OR THROUGH ZOOM BY THE “RAISE HAND” BUTTON AND WILL BE CALLED ON AT THE APPROPRIATE TIME. NOTICE OF THIS MEETING WAS INCLUDED IN A SCHEDULE OF MEETINGS WHICH WAS ADOPTED BY RESOLUTION NO. 2023-13 AND SENT TO THE ASBURY PARK PRESS, THE TWO RIVER TIMES, THE HUB AND THE STAR LEDGER ON JANUARY 6, 2023 POSTED ON THE BOROUGH WEBSITE, THE BULLETIN BOARD IN THE MUNICIPAL BUILDING AND HAS REMAINED CONTINUOUSLY POSTED AS REQUIRED UNDER THE STATUTE. WITH ADEQUATE NOTICE HAVING BEEN GIVEN, THE BOROUGH CLERK IS DIRECTED TO INCLUDE THIS STATEMENT IN THE MINUTES OF THIS MEETING. ROLL CALL On Roll Call the following were present: Councilmembers Cole, Hoey, Koch, LaBarbera, and Rodriguez. Absent: Councilmember Neff. Others present: Administrator Casagrande, Attorney Sobel and Chief McGovern. WORKSHOP SESSION Administrator Casagrande advised there is nothing new regarding the proposed Knox Box concept since the last Council meeting. Mayor and Council need to decide if they want to endorse the Knox Box concept and whether to make them mandatory or not. Councilmember Neff arrived at 7:03 pm. Councilman Rodriguez circulated a set of slides at the last meeting that articulated the value for preservation of life and property. He has not spoken with the Business Association regarding this program. Businesses can self-insure if they choose not to install the box. There is a $1500 initial fee and then $600 annually. Councilman Rodriguez supports this program, and the Fire Department has budgeted for this already so there would be no added expense. He gave the pros to having these boxes which can be rolled out in an optional way. Administrator Casagrande said Chief Brister is requesting $3800; the expenditure will come out of the fire budget as it is not a capital budget item. Councilwoman Cole advised she reached out to the Fair Haven Business Association and received some responses from business owners. She was advised that the concept was introduced to the businesses in the past; she read the responses that she received. Not all of the Fair Haven Business Association members gave input, those that did, did not see the upside. Those who responded felt the police department is there before the fire department so there is no need for Knox Boxes. Mayor Halpern provided his input on this matter and asked if the Knox Box ever extends to the police department. Chief McGovern advised that he is not aware of any police department having this, it was designed for fire departments. The program would help with fire alarms not so much with fires. The police department reaches out to the business owner for an alarm call and waits for someone to arrive. Mayor Halpern said this program is a request of the Fire Chief who knows what is needed; it is not a huge purchase so we should approve it. The consensus of Council was to make it optional, not mandatory. More data would be required to make it mandatory. Attorney Sobel advised an ordinance would be needed for residents and businesses if a requirement is put in place especially with a cost. There was further discussion on this matter. Bill Doerner, Spruce Drive, retired Long Branch Officer, was asked how this was handled in Long Branch. Long Branch has a paid fire department, and the first responding engine(s) had the box in their vehicles and on their way to the scene, they called the County who sent a signal to open the box. There is a log kept on when and how the box is open. Councilmenber Rodriguez explained that whoever wishes to participate would have to purchase the mechanism that allows the master key to open their building. The money is already approved through the fire department budget and the Chief will have to adjust his purchases July 10, 2023, Page 2 as this is not a capital item. PUBLIC COMMENT ON AGENDA ITEMS The meeting was opened to the public for comments or questions at 7:17 p.m. There being no comments or questions, the meeting was closed to the public at 7:17 p.m. APPROVAL OF MINUTES Councilmember LaBarbera made a motion to approve the Regular Meeting minutes of June 26, 2023, second by Councilmember Koch Affirmative: Councilmembers Cole, Hoey, Koch, LaBarbera, Neff and Rodriguez Negative: None Abstain: None Absent: None Councilmember LaBarbera made a motion to approve the Executive Session minutes of June 26, 2023, second by Councilmember Koch Affirmative: Councilmembers Cole, Hoey, Koch, LaBarbera and Neff Negative: None Abstain: Councilmember Rodriguez Absent: None OLD BUSINESS HEARING AND ADOPTION OF ORDINANCES 1. Ordinance No. 2023-08, Amendment to the Non-Domestic Animal Ordinance AN ORDINANCE AMENDING CHAPTER 5: “ANIMAL CONTROL” OF THE BOROUGH’S REVISED GENERAL ORDINANCES TO PROHIBIT THE KEEPING, HARBORING, OR POSSESSION OF NON-DOMESTIC ANIMALS AND/OR FARM ANIMALS WITHIN THE BOROUGH On motion of Councilmember LaBarbera, second by Councilmember Koch with Ayes by all present, Mayor Halpern opened the meeting for comments or questions at 7:18 p.m. There being no comments or questions, the Hearing was closed to the public at 7:18 p.m. on motion of Councilmember Neff, second by Councilmember Koch with Ayes by all present. Offered for adoption by Councilmember LaBarbera, second by Councilmember Koch Affirmative: Councilmembers Cole, Hoey, Koch, LaBarbera, Neff and Rodriguez Negative: None Abstain: None Absent: None Councilmember LaBarbera gave a Power Point Presentation for a facilities update. Attorneys Cannon and Sobel reviewed the draft contractor’s contract; all is in order. The DPW Facility schedule was reviewed. The Borough will be sending the prequalification certification to DLGS for their review and approval of the process. Nothing is really changing with the plan as it is a building renovation of what is there. He asked what Council’s expectation is for the documents; do they want to do a page-by-page review. A majority of Council were in favor of Councilmember LaBarbera moving forward with the DPW project; Councilmember Cole wants to see the plans especially regarding the recycling area and Allen Street side. Councilmember LaBarbera said if the same contractor bids on DPW and Police Department/Community Center, it will give an economy of scale. Slide 3 provided a photo of what a Gutter Brush Simple Gutter Guards Max-Flow Filter Brush looks like; it will help prevent the need for maintenance and has a 10-year guarantee. Council was “on board” to go with the purchase ($500) which will protect the gutters and prevent the need to send an employee on the roof twice a year to clear the gutters (mitigates any potential workers compensation claims). There are 271 bidders eligible to bid. The CD Phase, Fire Suppression, and Rain Garden were reviewed. Councilmember Cole spoke on Slide 4 with regard to rain gardens and requested a possible pollinator garden. Discussion continued on stormwater solutions. There is progress with BFI for furniture and layout; next steps will be provided soon. Fuel tanks, styrofoam recycling where residents can go to Middletown (Kanes Lane) and the trailer were touched on. A second quote was received from WillScot on a trailer which came in under $100,000 to include plumbing/restroom, water, IT, ADA compliance with electric (hook up is our responsibility). The trailer could be situated between the current building and salt dome area. Meetings have been held with our Owners Representatives and Nick Fabiano (CCO) to discuss value engineering and project sequencing. The fence gates (2) are $15,000 each; if automated, then there is an additional cost of $25,000. Our professionals recommend not going forward with automatic gates; not because of cost, July 10, 2023, Page 3 but the electric, trenching, milling and paving required. There was further Council discussion regarding gates and what the surrounding homeowners requested, etc. A few Councilmembers felt the Borough should move forward with the gates and that they be automated. Councilmember Koch was concerned about the noise with the gates opening and closing all day long and asked if they can be automated, at a later date? Yes. This item can be an add alternate to the bid packet. More information on the automated gates as well as other quotes for this system were requested. Further discussion on height, type of fence and what would be required for regular gates vs. automated. If automated gates are installed, the residents will not be able to access the DPW employees to ask questions, etc. like they do currently. Councilmember LaBarbera will revisit this in his July 24th meeting presentation. Slide 7 addressed next steps for DPW. The current cardboard compactor that is at DPW will be auctioned off. Landscaping trailers will be purchased for equipment and small engine equipment. With regard the Police Department and Community Center Facility, two-phase demo is feasible. The fire alarm service antennae will need to be shifted at PD. The drawings from the 1980s were found which will help and Laura Berwind, The Goldstein Partnership, will review them. Councilmember Cole asked about meetings that take place at Community Center being shifted to another location during construction; this is addressed in an upcoming slide. We hope to put this out to bid by Monday, July 17th. Two-weeks after going to bid there will most likely be an addendum. The intent is to award the bid in August/September and break ground. We received the site survey; the issues are resolved. The bidding process was provided on Slide 9. There are 132 contractors that can bid on this project. There is possible asbestos with the Community Center building so the demolition will be addressed carefully with the appropriate plan. There is definitely a wall between the PD and Community Center. The site plan survey was provided. The fence at 33 Fisk Street is encroaching on our property so our plan remains to remove the fence, remove the diseased trees, replace the fence (as appropriate) and install landscaping with the bike trail. With regard to 66 Maple Avenue, the beginning part of their fence is 11’ encroached on the church property and the rear part of the fence is 17’ encroached on the church property. The homeowner is aware there is an encroachment, but not the extent; the Borough will meet with her and advise. NJ American Water is upgrading six (6) different mains in the Borough, Fisk Street being one of the locations which will occur in the fall. A Finance Open House for the residents will be scheduled to share information with regard to how these projects impact taxes. Slide 11 addressed meeting space contingency; during the day we need a place besides the school, Bicentennial Hall and Borough Hall. We reached out to Knights of Columbus for meeting space who are interested; a meeting will be set up with a tour of their building. There are mitigating steps with regard to the bar area and storage of their liquor. Councilmember Cole asked about using the Concession Stand building; it is not ADA compliant and very small inside. There was brief discussion regarding use of the Church of The Nativity’s basement. A list of organizations who use the Borough facilities as well as their meeting dates, etc. is being compiled and will be provided to the Knights of Columbus at the meeting for discussion and logistics. Slide 12 provided Key Next Steps and Slide 13 provided the PD/Community Center schedule. This whole facility process was initiated on February 3rd and the governing body has done a phenomenal job to date. NEW BUSINESS Council Committee Reports Finance - Administrator Casagrande advised the next Finance meeting will be scheduled. The Committee has to look at the bond ordinance and budget capital requests. Councilmember Cole asked that revenue streams be provided. Personnel - Councilmember Hoey advised that we are adding to the DPW staff with a seasonal hire. The new assistant in the Tax Office will be starting on July 17th. Resumes are being received for a full-time DPW employee to fill a vacancy. Conversations have started around the library and what it will look like after two employee retirements at the end of this year. Planning Board - Councilmember Koch advised that there has not been a meeting since our last Council meeting. This month the meeting will take place on the 18th. Police, Fire & OEM - Councilmember Rodriguez thanked Councilmember Cole for speaking with the Fair Haven Business Association regarding Knox Boxes. He thanked the governing body for supporting the fire department. Zoning Board of Adjustment - Councilman LaBarbera advised there have been no meetings/business for the past 3 months. Borough Facilities - Councilman LaBarbera already reported on this under Old Business. Engineering and DPW - Councilmember LaBarbera advised the dock maintenance was completed prior to the first summer concert. July 20th is the next Brush Committee meeting; there are three July 10, 2023, Page 4 solutions that will be provided to the governing body. The grant submission for Forman Street was submitted at the end of June. With regard to Hance and Cooney, there are still meetings with JCP&L and Verizon. The Third Street, Phase II, preconstruction meeting is tomorrow. A lot of feedback was received at the open house for stop signs at Third and Cedar and Third and Maple to address safety concerns. The Borough heard back from Monmouth County regarding stormwater management; a meeting is being set up for next week. With regard to Colonial Court - progress. It was found that Forman Street’s stormwater infrastructure is pitched the wrong way; this will be included in the microproject work to provide some relief until the NJDOT grant work can be done. Councilmember Cole advised that at the last meeting, Mayor and Council heard from a resident about flooding concerns, and the Borough has started an investigation that will provide some data to identify the problem and address it. We have identified at least three areas regarding the flooding. Councilmember LaBarbera advised that stormwater infrastructure is pitched and there is a pipe issue. We are also aware of a stormwater issue at Colonial Court which has been identified and there is a plan in place which will be discussed in executive session. River Road serves as a critical thoroughfare for a myriad of reasons and the County has heard us and will meet to discuss. There have been inquiries regarding the Sunoco site; they are in resolution compliance, and they are working towards starting construction. Mayor Halpern advised there is a status update on the developer’s website. A co-op for streetlights has been identified which will provide some financial relief with designs for the project. The Cambridge Avenue Open House was held on July 8th regarding parking issues. A mailing was sent to all residents; some claim to have not received the letter. There are two components; introduction of a stop sign from a safety perspective to assist with speeding and the residents have made a request for No Parking/Idling signs, barricades (similar to Third Street) or permit parking. Chief McGovern said there were No Parking signs placed along the street which seemed to have helped send a message but precluded parking on the whole street. They also helped with the intersection where signs were placed a few homes in. Barricades will not work on Cambridge Avenue like they do on Third Street (School Crossing Guards are there to assist allowing residents to get and in out). If barricades were put in place on Cambridge, there are no side streets that will allow residents to go in and out. The Chief recommended No Stopping, Standing or Parking on School Days during certain hours signs on the street. We are working with Little Silver Council and Red Bank Regional to see if they can assist with recreating their parking lot or adding a lot, but we cannot control what they do. Councilmember LaBarbera has been speaking with Councilman Christiansen of Little Silver to keep the lines of communication open. There will be a four-way stop at Church and Third and three stop signs added at the intersection of Third and Cedar, so it is a four-way stop. The Police Department is doing a bike camp training. With regard to Cambridge Avenue, Councilmember LaBarbera said the Borough is trying to solve a problem that we do not have control over so we will continue to communicate with Little Silver. We may have to tweak as we go along. This is not an easy fix. Chief McGovern recommended there be a stop sign at Princeton and Harvard; we will confirm if there are signs to be replaced or an ordinance needs to be enacted. Borough Communications and Community Outreach - Councilwoman Cole advised the Borough continues to update the facilities page on the website. There has been a lot of talk about Spotted Lantern Flies and some literature was published which included a way to eliminate them…“Stomp Them Out”. The Environmental Commission has shared a memo regarding DeNormandie Avenue which was in the Council Correspondence packet to take next steps for stormwater practices, waterfront access and a living shoreline. This is a grant-worthy project for a bulkhead. They are asking Council to seriously look at this. The American Littoral Society has agreed to assist with DEP permits, but we need more environmental engineering work to be done by Avakian Engineering. Administrator Casagrande said this is a matter of prioritizing projects. Councilwoman Cole felt the governing body should allow Boards and Commissions to present a report from time to time on an agenda. There is no bulkhead at the end of DeNormandie Avenue, but a tree at the bluff could be lost. It is important to retain the coastal bluff. Councilmember Hoey suggested looking at this matter with the Grant Committee. The Mayor was concerned about starting another project with all that has been already committed to and requested the Borough get the facilities up and going; he listed the projects in queue. Councilmember Cole, as liaison, commended the Environmental Commission for being forward thinking and championing this project. Japanese Knotweed was also brought up and we may be able to do remediation, in house, although it is very invasive. She would like the intake form to make its way to the Mayor and Council with the appropriate department head comments. The Shade Tree Commission is on summer break. The Grant Committee is reviewing the July 10, 2023, Page 5 proposed template. The Fair Haven Business Association discussions are ongoing. Councilmember Hoey asked about the deer management hunt and next steps. Councilmember Cole said Councilmember Hoey provided a great summary memo about this initiative. Mayor Halpern will advise when he would like to list this topic/presentation on a Council agenda. Parks and Recreation - Councilwoman Hoey advised the first concert on the dock occurred two weeks ago and it was off the charts. Summer camp is underway and going great. Soccer registration ended today. She is working with Councilmember LaBarbera regarding regulations for the future use of the new Community Center. CONSENT AGENDA RESOLUTIONS 1. Resolution No. 2023-181, Amend Borough Architect’s contract for additional engineering services by Frank H. Lehr Associates WHEREAS, the Borough has an approved contract for Architectural Services with The Goldstein Partnership; and WHEREAS, Frank H. Lehr Associates is the Site Engineering Consultant firm for The Goldstein Partnership and has provided a supplemental proposal for engineering services for the Police and Community Center; and WHEREAS, due to a survey change, certain revisions may be required to the site plan (replacing a drawing background to adjustment of the proposed buildings on the site requiring grading revisions to accommodate boundary conditions; and WHEREAS, Rick Adelsohn of Frank H. Lehr Associates has provided a supplemental proposal with a not-to-exceed amount of $5,000. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Fair Haven that the supplemental proposal from Frank H. Lehr Associates and amendment to the Borough Architect contract be approved for an amount not to exceed $5,000 with all other terms and conditions remaining the same. Offered for adoption by Councilmember Rodriguez, second by Councilmember Koch Affirmative: Councilmembers Cole, Hoey, Koch, LaBarbera, Neff and Rodriguez Negative: None Abstain: None Absent: None 2. Resolution No. 2023-182, Approve Collier’s Engineering Proposal for additional LSRP Work WHEREAS, there is a need for additional LSRP Work to be conducted for the Police Department, Community Center and DPW Facilities as part of the pre-demolition assessment; and WHEREAS, Colliers Engineering & Design submitted a proposal to the Borough of Fair Haven on July 5, 2023 that the total costs for this work, broken down as follows, shall not exceed a total of $17,400: Task Fee Project Coordination & HASP Preparation $1,500 Supplemental Asbestos Survey $4,000 Laboratory Analysis $3,000 Hazardous Materials Screening $ 400 Summary Report for Specifications $5,500 Finalize Specifications $3,000 TOTAL $17,400 WHEREAS, this proposal is being awarded as a professional service through the non-fair and open process. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Fair Haven, that the proposal received from Colliers Engineering & Design, be accepted and July 10, 2023, Page 6 awarded for additional LSRP work for the Fair Haven Police Department, Community Center and DPW Facilities at a cost not to exceed $17,400 and the Mayor is authorized to execute paperwork, if required. Offered for adoption by Councilmember Rodriguez, second by Councilmember Koch Affirmative: Councilmembers Cole, Hoey, Koch, LaBarbera, Neff and Rodriguez Negative: None Abstain: None Absent: None 3. Resolution No. 2023-183, Executive Session: Personnel, Possible Litigation and Contract Negotiations 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 Possible Litigation 1. K.M. Hughes Enterprises: Colonial Court Contract Negotiations 1. NJ American Water Company 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. Offered for adoption by Councilmember Rodriguez, second by Councilmember Koch Affirmative: Councilmembers Cole, Hoey, Koch, LaBarbera, Neff and Rodriguez Negative: None Abstain: None Absent: None 4. Resolution No. 2023-184, Appointment of Seasonal DPW Laborer - Nicholas Moore WHEREAS, there is a need for a part-time Seasonal Public Works Laborer; and WHEREAS, Richard Gardella, Director of Engineering and Public Works has recommended that Nicholas Moore, be appointed as a part-time Seasonal Laborer with hours not to exceed 30 hours weekly; and WHEREAS, the rate of pay for this position is $17.50 per hour. NOW, THEREFORE, BE IT RESOLVED that the appointment of Nicholas Moore, as part-time Seasonal Laborer is hereby confirmed. Offered for adoption by Councilmember Rodriguez, second by Councilmember Koch Affirmative: Councilmembers Cole, Hoey, Koch, LaBarbera, Neff and Rodriguez Negative: None Abstain: None Absent: None 5. Resolution No. 2023-185, Authorize the Execution of an ILSA with the Fair Haven Board of Education - IT WHEREAS, the Interlocal Services Act, N.J.S.A. 40A:65-1 authorizes joint activities among municipalities and was enacted with the intent to facilitate and promote Interlocal Services Agreements; and July 10, 2023, Page 7 WHEREAS, the Borough of Fair Haven and Fair Haven Board of Education have agreed that the Interlocal Services Agreement for Information Technology services will be in accordance with the attached agreement, at an annual amount of $12,000, paid quarterly; and WHEREAS, it is in the best interest of the Borough of Fair Haven and Fair Haven Board of Education to begin the services listed below as follows: Technology Services to begin on or about July 1, 2023 WHEREAS, it is agreed by the Borough of Fair Haven and Fair Haven Board of Education that the Agreement may be extended for two (2) additional terms of three (3) years up to a total of nine (9) years; and WHEREAS, a copy of the Interlocal Services Agreement is on file in the office of the Municipal Clerk; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Fair Haven that the Mayor and Municipal Clerk of the Borough of Fair Haven are hereby authorized to sign said Agreement. Offered for adoption by Councilmember Rodriguez, second by Councilmember Koch Affirmative: Councilmembers Cole, Hoey, Koch, LaBarbera, Neff and Rodriguez Negative: None Abstain: None Absent: None 6. Resolution No. 2022-186, Approve Block Party Application for Parker Avenue (between Smith & Cedar)-September 9th WHEREAS, a request was received to hold a Block Party on Parker Avenue on Saturday, September 9, 2023 from 5:30 pm to 10:00 pm with a rain date of Saturday, September 16th; and WHEREAS, Police Chief McGovern reviewed the application and submitted his approval on July 5, 2023; and NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of Fair Haven that approval is hereby granted for a block party to be held on Parker Avenue on Saturday, September 9, 2023 from 5:30 pm to 10:00 pm with a rain date of Saturday, September 16th. BE IT FURTHER RESOLVED that Permit No. BP 2023-01 will be issued for said event. Offered for adoption by Councilmember Rodriguez, second by Councilmember Koch Affirmative: Councilmembers Cole, Hoey, Koch, LaBarbera, Neff and Rodriguez Negative: None Abstain: None Absent: None 7. Resolution No. 2023-187, Payment of Vouchers BE IT RESOLVED by the Governing Body of the Borough of Fair Haven that the vouchers listed for payment on the July 10, 2023 Bill List are hereby approved and the Finance Department is hereby authorized to release payment to the various vendors. 2023 CURRENT FUND ACCOUNT $ 105,494.71 GENERAL CAPITAL $ 29,721.43 PAYROLL AGENCY $ 18,008.37 OTHER TRUST $ 5,827.99 $ 159,052.50 Offered for adoption by Councilmember Rodriguez, second by Councilmember Koch Affirmative: Councilmembers Cole, Hoey, Koch, LaBarbera, Neff and Rodriguez Negative: None Abstain: None Absent: None July 10, 2023, Page 8 Reports of Departments June 2023 -Municipal Clerk -Planning Board and Zoning Board -Dog License Motion to accept the reports, as submitted, moved by Councilmember LaBarbera, second by Councilmember Koch with Ayes by all present. GOOD OF THE BOROUGH Mayor Halpern opened the meeting to the public for comments or questions at 8:49 p.m. Susan Levantino, Cambridge Avenue, has been working with Councilmember LaBarbera and Chief McGovern regarding the parking condition at Cambridge Avenue. She is not comfortable with what was reported this evening; the residents want a barricade there to see how it works, not just the signs. She gave Council her thoughts and felt signs are not going to make an impact; a barricade would force the hand of the High School to do something to accommodate parking on their own property. Michal DiMiceli, River Road, thanked the governing body and Borough for looking into the flooding issue with her property and River Road. She thanked Councilmember LaBarbera for the site visit and looks forward to movement on this and the County meeting to move forward. Paul Ferguson, Colonial Court, commented on the Knox Box. He emphasized Councilmember Cole’s comment to gauge the business owners and making it optional not mandatory. There being no further comments or questions, the meeting was closed to the public at 8:55 p.m. Council went into executive session at 9:00 p.m. and this meeting was reconvened at 9:45 p.m. ADJOURNMENT Motion to adjourn moved by Councilmember Cole, second by Councilmember Koch with Ayes by all present. Time of Adjournment: 9:45 p.m. Respectfully submitted, Allyson M. Cinquegrana, RMC/CMR Borough Clerk

Agenda

FAIR HAVEN BOROUGH COUNCIL REGULAR MEETING AGENDA JULY 10, 2023, 7:00 P.M. HYBRID MEETING (IN-PERSON AND ZOOM) Zoom Link: HTTPS://US02WEB.ZOOM.US/J/88358339352 iPhone or Land Line Telephone Call In: 1-301-715-8592 Webinar ID: 883 5833 9352 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. Workshop Session -Proposed Knox Box Concept 7. Public Comment on Agenda Items 8. Approval of Minutes -June 26, 2023 Regular Meeting -June 26, 2023 Executive Session 9. Old Business Hearing and Adoption of Ordinance 2023-08 Amendment to the Non-Domestic Animal Ordinance -Facilities Update 10. 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 Consent Agenda Resolutions 2023-181 Amend Borough Architect’s contract for additional engineering services by Frank H. Lehr Associates - Police Department and Community Center 2023-182 Approve Collier’s Engineering Proposal for additional LSRP Work 2023-183 Executive Session: Personnel and Possible Litigation 2023-184 Appointment of Seasonal DPW Laborer - Nicholas Moore 2023-185 Authorize the Execution of an ILSA with the Fair Haven Board of Education - IT 2023-186 Approve Block Party Application for Parker Avenue (between Smith & Cedar)-September 9th 2013-187 Payment of Vouchers Department Reports June 2023 -Municipal Clerk -Planning Board and Zoning Board -Dog License 11. 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) 12. 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. BOROUGH OF FAIR HAVEN ORDINANCE NO. 2023-08 AN ORDINANCE AMENDING CHAPTER 5: “ANIMAL CONTROL” OF THE BOROUGH’S REVISED GENERAL ORDINANCES TO PROHIBIT THE KEEPING, HARBORING, OR POSSESSION OF NON-DOMESTIC ANIMALS AND/OR FARM ANIMALS WITHIN THE BOROUGH. WHEREAS, the Borough of Fair Haven (the “Borough”) finds that the keeping, harboring, or possession by a person of a non-domestic animal and/or farm animal within the limits of the Borough represents a health, safety, and/or welfare risk to the Borough and its residents; and WHEREAS, to protect the health, safety and welfare of persons and property within the Borough, it is necessary to prohibit the keeping, harboring, and possession of non-domestic animals and/or farm animals as defined in this Ordinance; and WHEREAS, if any non-domestic animal or farm animal remains within the Borough, for a period of more than twelve (12) hours, the person(s) keeping, harboring, or possessing such animal(s) shall be in violation of this Ordinance; and WHEREAS, this Ordinance shall not apply to service animals within the Borough; NOW, THEREFORE, BE IT ORDAINED by the Mayor & Council of the Borough of Fair Haven, in the County of Monmouth, in the State of New Jersey” as follows: SECTION 1. Section 5-18: “Prohibited Non-Domestic Animals and Farm Animals” of Article IV: “Regulations Applicable to All Animals” of Chapter 5: “Animal Control” of the Revised General Ordinances of the Borough of Fair Haven is hereby amended as follows (stricken text deleted; underlined text added): § 5-18 PROHIBITED NON-DOMESTIC ANIMALS AND FARM ANIMALS. § 5-18.1 Purpose and Intent. This section is adopted in order to protect the health, safety and/or welfare well-being of persons and property by prohibiting certain non-domestic animals and farm animals within the Borough of Fair Haven. The Borough of Fair Haven finds and determines that the harboring of certain non-domestic animals and farm animals within the Borough may present a health, safety and/or welfare risk to persons and property.be offensive to other residents so as to constitute a public nuisance and may pose a threat to the safety of its inhabitants and their property. § 5-18.2 Definitions. A. “Animal” shall mean any mammal, reptile, amphibian, fish, bird (including all fowl and poultry) or other member commonly accepted as a part of the animal kingdom. Animals shall be classified as follows: (1) “Domestic Animals” shall mean those animals commonly accepted as domesticated household pets. Unless otherwise defined, such animals shall include dogs, cats, caged birds, gerbils, hamsters, guinea pigs, domesticated rabbits, fish, nonpoisonous, non-venomous, and non-constricting reptiles or amphibians, and other similar animals. (2) “Non-Domestic Animals” shall mean those animals commonly considered to be naturally wild or exotic and not naturally trained or domesticated, or which are commonly considered to be inherently dangerous to the health, safety, and welfare of people. Unless otherwise defined, such animals shall include: i. Any member of a large cat family (family felidae) including lions, tigers, cougars, bobcats, leopards, and jaguars, but excluding commonly accepted domesticated house cats. ii. Any natural wild member of the canine family (family canidae) including wolves, foxes, coyotes, dingoes, and jackals, but excluding commonly accepted domesticated dogs. iii. Any crossbreeds such as a crossbreed between a wolf and a dog, unless the crossbreed is commonly accepted as a crossbred domesticated animal. iv. Any member or relative of a rodent family including skunk (whether or not de-scented), raccoon, fox, squirrel, or ferret, but excluding those members otherwise defined or commonly accepted as domesticated pets. v. Any poisonous, venomous, constricting, or inherently dangerous member the reptile or amphibian families including rattlesnakes, boa constrictors, pit vipers, crocodiles and alligators. vi. Any other animal which is not explicitly listed above but which can be reasonably defined by the terms of this subsection, including, but not limited to bears, deer, monkeys, and game fish. (3) “Farm Animals” shall mean those animals commonly associated with a farm or performing work in an agricultural setting, including members of the equestrian family (horses, mules), bovine family (cows, bulls), sheep, poultry (chickens, turkeys), fowl (ducks, geese), swine (including Vietnamese potbellied pigs), goats, and other animals associated with a farm, ranch, or stable. Farm animals shall not include honey bees or any other apiary activities regulated by State law. B. “Owner” shall mean any person or persons, firm, association or corporation owning, keeping, harboring or possessing an animal. § 5-18.23 Prohibited Animals. It shall be unlawful for any person to keep, maintain, have in his or her possession or under his or her control or to permit another to keep, maintain or have under his or her control within the Borough limits of the Borough of Fair Haven any non-domestic animal or farm animal as defined in this section cattle, goats, chickens, bees, hens, hogs, horses, ocelots, pigs, (including potbelly pigs), pigeons, sheep, swine or any other animal that is deemed to be dangerous to humans. The foregoing enumeration is not intended to be all-inclusive. The determination of whether or not an animal is deemed to be a non-domestic animal, a farm animal, or otherwise presents a risk to the health, safety, and/or welfare of persons or property dangerous to humans shall be made by either the Borough's Animal Control Officer or a Police Officer of the Fair Haven Police Department or the Mayor and Borough Council. § 5-18.34 Enforcement. This section shall be enforced by the Borough's Animal Control Officer and/or Police Department. § 5-18.4 Application for Waiver; Notice. An owner desirous of owning and maintaining a non-domestic prohibited animal as provided for herein shall have the right to make application to the Mayor and Council of the Borough for a waiver under this section. The application for a hearing before the Mayor and Council must be submitted not less than 10 days prior to a regularly scheduled meeting, with notice published in the official newspaper of the Borough of Fair Haven not less than 10 days prior to said meeting, and giving written notice to all property owners within 200 feet of the applicant's property. The applicant shall obtain a certified list of all property owners within 200 feet of his/her property from the Borough of Fair Haven's Tax Assessor's office. A. Type of Notice. Notice must be made to all property owners within 200 feet of the applicant's property by regular and certified mail, return receipt requested, with proof of service being presented to the Mayor and Council at the time of the hearing with an affidavit setting forth that the mailing has been made to the appropriate property owners. B. Form of Notice. The notice shall set forth the following: (1) Name and address of the applicant. (2) The address and lot and block number of the household or dwelling unit for which the applicant intends to harbor the non-domestic animal. (3) The nature of the waiver requested, setting forth the number and identity of the proposed non-domestic animal. (4) The date, time and place of the hearing before the Mayor and Council. C. Consideration for Granting of Waiver, Burden of Proof and Vote. By majority vote of quorum of the Borough Council, the Mayor and Council may grant or deny an application for a request for a waiver based upon a preponderance of evidence that the applicant has demonstrated good cause for the granting of such waiver. In examining whether or not a waiver should be granted, the following shall be considered: (1) The size of the property of the applicant where the non-domestic animal(s) are intended to be kept. (2) The distance between the location of where the non-domestic animal is intended to be kept on the applicant's property and the physical location of an adjacent property owner's home or dwelling unit. (3) Whether the applicant's property is fenced so as to shield the non-domestic animals from the sight of the surrounding property owners. (4) Whether the non-domestic animals are kept in the applicant's home or remain primarily outside of the applicant's home. (5) The proposed non-domestic animal and its size. (6) The prior history of complaints filed against the applicant for violation of this section, or previous ordinances pertaining to animal control. (7) The zoning district of the applicant's property, (8) Whether the non-domestic animals serves some purpose other than the desire to have a non-domestic animal as a pet. (9) For other such reasons as the Mayor and Council may feel appropriate to consider according in the case, facts and circumstances presented at the time the application is heard. D. State Number of Non-Domestic Animals. Should the applicant's request for a waiver be granted, the Mayor and Council shall set the number of proposed non-domestic animals permitted. E. Revocation of Waiver. A waiver granted by the Mayor and Council may be revoked upon proper application made by a Borough official, member of the Borough Police Department or an individual by making applications to the Mayor and Council at least 10 days proper to a Council meeting and by serving notice upon the owner by regular and certified mail, return receipt requested, of the application for revocation of the waiver. The notice shall also include a factual basis for the requested revocation. A hearing shall then be held by the Council on the application for revocation. The Mayor and Council will evaluate the application for revocation of waiver based upon the same criteria previously set forth herein under this section. F. Vaccinations. All non-domestic animals as authorized by a waiver shall be vaccinated against rabies and any other disease as required by a licensed veterinarian and all vaccines shall be done in accordance with the following: (1) Vaccination shall be performed by a veterinarian licensed to practice in the State of New Jersey. The vaccine used shall be from a manufacturer licensed by the Bureau of Animal Husbandry of the United States Department of Agriculture or such other agency as shall be approved by the State Department of Health. The dosage shall be as recommended by the manufacturer. All animals shall be revaccinated before the expiration of the period of time for which the vaccine used is known to be effective. (2) No waiver shall be granted until the certificate indicating that the animal has been vaccinated or otherwise inoculated has been presented to the Borough Clerk. The certificate shall be submitted with the request for a waiver application but no later than the hearing date schedule for the waiver application hearing. § 5-18.5 Limitations on Granting of Waiver/Permit. The granting of a waiver and permit hereunder shall in no way authorize the creation of a nuisance or the maintenance of an obnoxious condition and shall in no way regulate or prevent the passing of future ordinances concerning the prohibition of or the limitation upon the keeping of non-domestic animals. § 5-18.6 Term of Permit; Expiration; Fee. Any permit granted after obtaining a waiver, shall be valid for a period of one year from the date it is issued. A permit must be obtained on annual basis. The permit fee shall be $25. § 5-18.7 Building, Feeding and Operational Requirements. Any person having obtained a waiver as set forth herein shall comply with the following provisions: A. The storage of any such non-domestic animal shall be such as to preclude odors and sounds therefrom from interfering with the comfortable enjoyment of life and property on neighboring premises. B. Building, food storage bins, appliances, equipment, feeding areas and other facilities on the premises which might provide food or shelter are to be constructed and maintained in such a fashion as to permit proper cleansing. C. The water supply shall be adequate for proper sanitation. D. Water or other liquids to which mosquitoes may have access shall be properly treated to prevent their breeding. E. Rodents to insects hazardous to public health shall be controlled so that they do not exist or reproduce therein or thereon. F. Adequate equipment shall be available to maintain all yards, enclosures or premises in which such non-domestic animals shall be kept, raised or maintained in a sanitary condition at all times. § 5-18.8 Fencing. The area wherein the non-domestic animals are kept, except where they are housed in closed buildings, shall be completely fenced with a sturdy, well-constructed closely woven wire fence or other equally effective fence so as to prevent trespassing on adjoining property. § 5-18.5 Expiration of Pre-Existing Permits As of July 15, 2023, within sixty (60) days of the expiration of any previously issued and unexpired permit or waiver for the keeping, harboring, controlling, or possession of non-domestic or farms animals, the permit holder shall remove all non-domestic and farm animal(s) from within the Borough and no further keeping, harboring, controlling, or possession of non-domestic or farm animals shall be permitted. § 5-18.96 Violations and Penalties. A person guilty of violating the provisions of this section shall be subject to a fine in an amount not to exceed $100250 for the first offense and no more than $500 for all subsequent offenses. SECTION 2. If any article, section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this Ordinance and they shall remain in full force and effect. SECTION 3. In the event of any inconsistencies between the provisions of this Ordinance and any prior ordinance of the Borough of Fair Haven, the provisions hereof shall be determined to govern. All other parts, portions and provisions of The Revised General Ordinances of the Borough of Fair Haven are ratified and confirmed, except where inconsistent with the terms hereof. SECTION 4. This Ordinance shall hereby take effect immediately upon adoption and publication in accordance with the laws of the State of New Jersey. COUNCIL OF THE BOROUGH OF FAIR HAVEN MONMOUTH COUNTY, NEW JERSEY RESOLUTION Motion by: Second by: AFFIRMATIVE: NEGATIVE: ABSTAIN: ABSENT: RESOLUTION NO. 2023-181 TITLE: AMEND BOROUGH ARCHITECT’S CONTRACT FOR ADDITIONAL ENGINEERING SERVICES BY FRANK H. LEHR ASSOCIATES WHEREAS, the Borough has an approved contract for Architectural Services with The Goldstein Partnership; and WHEREAS, Frank H. Lehr Associates is the Site Engineering Consultant firm for The Goldstein Partnership and has provided a supplemental proposal for engineering services for the Police and Community Center; and WHEREAS, due to a survey change, certain revisions may be required to the site plan (replacing a drawing background to adjustment of the proposed buildings on the site requiring grading revisions to accommodate boundary conditions; and WHEREAS, Rick Adelsohn of Frank H. Lehr Associates has provided a supplemental proposal with a not-to-exceed amount of $5,000. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Fair Haven that the supplemental proposal from Frank H. Lehr Associates and amendment to the Borough Architect contract be approved for an amount not to exceed $5,000 with all other terms and conditions remaining the same. COUNCIL OF THE BOROUGH OF FAIR HAVEN MONMOUTH COUNTY, NEW JERSEY RESOLUTION Motion by: Second by: AFFIRMATIVE: NEGATIVE: ABSTAIN: ABSENT: RESOLUTION NO. 2023-182 TITLE: AWARD PROPOSAL FOR ADDITIONAL LSRP WORK FOR THE POLICE DEPARTMENT, COMMUNITY CENTER AND DPW FACILITIES TO COLLIERS ENGINEERING & DESIGN WHEREAS, there is a need for additional LSRP Work to be conducted for the Police Department, Community Center and DPW Facilities as part of the pre-demolition assessment; and WHEREAS, Colliers Engineering & Design submitted a proposal to the Borough of Fair Haven on July 5, 2023 that the total costs for this work, broken down as follows, shall not exceed a total of $17,400: Task Fee Project Coordination & HASP Preparation $1,500 Supplemental Asbestos Survey $4,000 Laboratory Analysis $3,000 Hazardous Materials Screening $ 400 Summary Report for Specifications $5,500 Finalize Specifications $3,000 TOTAL $17,400 WHEREAS, this proposal is being awarded as a professional service through the non-fair and open process. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Fair Haven, that the proposal received from Colliers Engineering & Design, be accepted and awarded for additional LSRP work for the Fair Haven Police Department, Community Center and DPW Facilities at a cost not to exceed $17,400 and the Mayor is authorized to execute paperwork, if required. COUNCIL OF THE BOROUGH OF FAIR HAVEN MONMOUTH COUNTY, NEW JERSEY RESOLUTION Motion by: Second by: AFFIRMATIVE: NEGATIVE: ABSTAIN: ABSENT: RESOLUTION NO. 2023-183 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 Possible Litigation 1. K.M. Hughes Enterprises: Colonial Court 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. 2023-184 TITLE: APPOINT PART TIME SEASONAL PUBLIC WORKS LABORER - Nicholas Moore WHEREAS, there is a need for a part-time Seasonal Public Works Laborer; and WHEREAS, Richard Gardella, Director of Engineering and Public Works has recommended that Nicholas Moore, be appointed as a part-time Seasonal Laborer with hours not to exceed 30 hours weekly; and WHEREAS, the rate of pay for this position is $17.50 per hour. NOW, THEREFORE, BE IT RESOLVED that the appointment of Nicholas Moore, as part-time Seasonal Laborer is hereby confirmed. COUNCIL OF THE BOROUGH OF FAIR HAVEN MONMOUTH COUNTY, NEW JERSEY RESOLUTION Motion by: Second by: AFFIRMATIVE: NEGATIVE: ABSTAIN: ABSENT: RESOLUTION NO. 2023-185 TITLE: AUTHORIZE THE MAYOR AND MUNICIPAL CLERK TO SIGN AN INTERLOCAL SERVICES AGREEMENT BETWEEN THE BOROUGH OF FAIR HAVEN AND FAIR HAVEN BOARD OF EDUCATION FOR INFORMATION TECHNOLOGY SERVICES WHEREAS, the Interlocal Services Act, N.J.S.A. 40A:65-1 authorizes joint activities among municipalities and was enacted with the intent to facilitate and promote Interlocal Services Agreements; and WHEREAS, the Borough of Fair Haven and Fair Haven Board of Education have agreed that the Interlocal Services Agreement for Information Technology services will be in accordance with the attached agreement, at an annual amount of $12,000, paid quarterly; and WHEREAS, it is in the best interest of the Borough of Fair Haven and Fair Haven Board of Education to begin the services listed below as follows: Technology Services to begin on or about July 1, 2023 WHEREAS, it is agreed by the Borough of Fair Haven and Fair Haven Board of Education that the Agreement may be extended for two (2) additional terms of three (3) years up to a total of nine (9) years; and WHEREAS, a copy of the Interlocal Services Agreement is on file in the office of the Municipal Clerk; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Fair Haven that the Mayor and Municipal Clerk of the Borough of Fair Haven are hereby authorized to sign said Agreement. COUNCIL OF THE BOROUGH OF FAIR HAVEN MONMOUTH COUNTY, NEW JERSEY RESOLUTION Motion by: Second by: AFFIRMATIVE: NEGATIVE: ABSTAIN: ABSENT: RESOLUTION NO. 2023-186 TITLE: APPROVING A BLOCK PARTY TO BE HELD ON PARKER AVENUE (BETWEEN CEDAR AND SMITH) - SEPTEMBER 9TH WHEREAS, a request was received to hold a Block Party on Parker Avenue on Saturday, September 9, 2023 from 5:30 pm to 10:00 pm with a rain date of Saturday, September 16th; and WHEREAS, Police Chief McGovern reviewed the application and submitted his approval on July 5, 2023; and NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of Fair Haven that approval is hereby granted for a block party to be held on Parker Avenue on Saturday, September 9, 2023 from 5:30 pm to 10:00 pm with a rain date of Saturday, September 16th. BE IT FURTHER RESOLVED that Permit No. BP 2023-01 will be issued for said event. COUNCIL OF THE BOROUGH OF FAIR HAVEN MONMOUTH COUNTY, NEW JERSEY RESOLUTION Motion by: Second by: AFFIRMATIVE: NEGATIVE: ABSTAIN: ABSENT: RESOLUTION NO. 2023-187 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 July 10, 2023 Bill List are hereby approved and the Finance Department is hereby authorized to release payment to the various vendors. 2023 CURRENT FUND ACCOUNT $ 105,494.71 GENERAL CAPITAL $ 29,721.43 PAYROLL AGENCY $ 18,008.37 OTHER TRUST $ 5,827.99 $ 159,052.50

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