Mayor and Council
Regular MeetingFair Haven, NJ · September 26, 2023
Minutes
FAIR HAVEN BOROUGH COUNCIL
TUESDAY, SEPTEMBER 26, 2023
The meeting was called to order by Mayor Halpern at 7:01 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
SEPTEMBER 26, 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,
Neff and Rodriguez. Others present: Administrator Casagrande, Engineer Gardella, Attorney Sobel,
as well as Heather Litzebauer (Financial Advisor) and Meghan Bennett, Esq. (Bond Counsel) joining
via Zoom.
WORKSHOP SESSION
A request was received from Dermer Dreams to place 50 lawn signs and 2 banners during the
month of October for their annual food drive. Motion to approve the request moved by Councilmember
Hoey, second by Councilmember Koch with Ayes by all present.
-Facilities Financing with Borough Finance Professionals. Administrator Casagrande provided an
introduction and briefed the Council on the finances of the Borough. Information was provided to the
governing body via email and provided on the dais.
Chief McGovern arrived at 7:06 p.m.
The Borough already has adopted bond ordinances in the amount of $6,050,650.95 (it does not
count a Federal Government grant award of $1 million for the Community Center as we cannot assume
we are going to get that amount until we have cash in hand). Unused amounts in a Bond Ordinance can
be cancelled; the amounts approved are higher based on estimates received. A review of the hard and soft
costs and the handouts was done. Heather Litzebauer, Financial Advisor, provided projections and
comparisons and Meghan Bennett, Esq., Bond Counsel also provided information. Ms. Litzebauer
advised that the Borough is looking at approximately $18.5 million for funding of projects; just shy of $5
million funding is coming from the 2019 bond issuance that has already been issued and the Borough is
already paying debt service on that ($475,000 a year). A bond ordinance needs to be adopted this year to
the tune of $6 million. She reviewed bond ordinances, debt service and Monmouth County Improvement
Authority notes. She reviewed when and how the payoff would take place. Monmouth County is rated
AAA by all three rating agencies (3.75% for one year). Permanent funding of 4.5% would begin in 2025
when the project is completed. The 2024, 2025 and 2026 budget would be affected by the increases; she
advised how the taxpayers would be impacted. There were additional project costs of $5.8 million
increasing debt service by about $9.7 million (tax impact of $702.60 which is a savings of $214.18 on the
average home).
Meghan Bennett, Esq., Bond Counsel advised that the bond ordinance that is needed is an
authorization with a Not to Exceed amount of $6 million; it would not necessarily be used in its entirety.
The Mayor reiterated the $9.7 million number (not guaranteed until the bids come back and contingent
costs are calculated). The entire governing body, professionals and staff were thanked by the Mayor,
especially Councilman LaBarbera. Councilwoman Cole reviewed the entire list in the bond ordinance
and everything seems to be covered. It seems that half of the $6 million amount can be put toward
September 26, 2023, Page 2
contingencies with the hope we don’t need to use the entire bond amount. In 2024, residents will
experience an adjustment in their tax bills as an aggregate (2024-2026). There will be a $155.28 tax
increase in 2024 (per the $1.9 ordinance funded in May 2023). There are tax impact projections for the
years 2025 and 2026 of $208 and $214 respectively with no increases after 2026 when debt service stays
level or drops off slightly. Ms. Bennett said that would be the “worst case scenario” if we were issuing
everything. Councilwoman Cole had a great question via email regarding debt service and what is
appropriate for municipalities. She asked if there were guidelines of any kind around the percentage of
debt that seemed reasonable based on our ratable base. Ms. Litzebauer said NJ municipalities are highly
regulated by the State more than any other state as far as a borrowing capacity. There is a law where
municipalities can only borrow 3.5% of their last three years equalized valuation; this is documented
from the Annual Debt Statement (ADS) which is filed by the end of January. When new debt is
authorized, a Supplemental Debt Statement needs to be completed and submitted to the State for a bond
ordinance which includes in the new debt. The Borough’s total net debt was $20.5 million from 2022;
Fair Haven is well below the legal authorization. Net debt includes anything that has been authorized
(ordinances authorized, but not issued); the $6 million (1.254%) would be added to the Borough’s debt
which would bring the net debt percentage to 1.254% which is a typical percentage. The Borough can
also look at 10% of total budget revenues. Ms. Bennett advised that to introduce a bond ordinance, there
needs to be a simple majority and when adopting, you need 2/3 super majority (4 votes would be super
majority). If permission is given this evening to Bond Counsel, a bond ordinance can be created for
introduction and adoption in October so money would be available in mid-November. Interest rate
market was discussed; there is a fear of the federal government shutting down. There has been a lot of
influx through the weekend. The Monmouth County Improvement Authority (MCIA) will get a better
rate than a municipality in the market because they would be pooling a bunch of notes together between
various municipalities and school districts; it is 3.75% currently, but we will not be acting on anything
until March 2024.
Mitigating Risks were discussed. Bond sales would take place and would avoid any government
shutdowns. Councilman Rodriguez asked about the statement regarding interest rates are getting crushed.
Ms. Litzebauer explained that when markets calm down, there can be a decrease or investors do not pay
attention to yield curves put together. She will be watching the numbers and interest rates. Councilman
LaBarbera asked how the federal government grant would affect our financing or the ordinance. Ms.
Bennett said it would still be included in the ordinance, but not in the debt authorization. The grant
would offset the debt authorization and help with a BAN. Administrator Casagrande asked Ms. Bennett
if she could have the bond ordinance ready for the October 10th Council meeting; yes.
Mayor Halpern opened the meeting to the public at 7:33 p.m. Mark Olsen, Cambridge Avenue,
asked how the $1.2 billion valuation and how it is calculated; a published number with the County Tax
Board. He asked about the increases from 2024-2026 and that it continues until bond is paid off. There
being no other comments or questions, the meeting was closed to the public at 7:34 p.m. Ms. Bennett
and Ms. Litzebauer left the meeting at 7:34 p.m.
-Create hours for crabbing from Fair Haven Dock. Mayor Halpern said that there are a lot of public
projects coming up along the river and for the quality of life of our residents, it would be best to set hours
for use at the dock (i.e. dawn to dusk, 15 minutes before dawn and dusk) or what hours should be
established to limit or restrict crabbing on public property. It was noted that fishing should be included
when done off any public lands in Fair Haven. It may be best to allow the act of fishing and crabbing
from dawn to dusk; we don’t have to close the park but restrict the activity. There has been an influx of
people crabbing in the very early hours of the morning. Councilwoman Neff asked, “would it apply to
just the dock”? No, any public land. We should make the ordinance clearer that there is no cooking, open
flames, etc. as they are safety issues. Councilwoman Cole said there are certain conducts and activities
we do not want on public land at all (open flame, alcohol). It was asked if having the activity limited
from dawn to dusk would be an imposition on our enforcement officials; the police department will
enforce it, but dusk is early to prohibit crabbing and fishing. We would need signage at the locations and
communicate it, publish it, etc. Councilwoman Cole asked the Chief, “as of now, can the activity go on
as long as it is not disruptive? Administrator Casagrande said that there should also be no fishing and
crabbing during special events (concerts, weddings). We need signage with regulations posted so that it
can be enforced.
-Proposed Riparian Buffer Ordinance. A sample ordinance was provided in the packet which was
created by the Borough Attorney from a letter the Zoning Board Attorney sent in 2021 on behalf of the
Board. The recommendations from the letter have been turned into the proposed ordinance. Councilman
LaBarbera said the current riparian coordinates created confusion in the applicant’s process. This
ordinance would update the regulations to be in line with the DEP’s standard regulations. Ordinance
introduction will be listed on the October 10th agenda.
-Collier’s Engineering Proposal for additional Scope of Work: Pocket Parks and Boat Ramp.
Administrator Casagrande sent out an email earlier today. This was reviewed with Engineering and DPW
and was authorized to be placed on the agenda. The proposal is from Colliers for work related to the
pocket park contracts. She reviewed the phases in the proposal and costs. It is needed for the required
easements so the Borough Attorney can file what is needed. We outsource survey work (not done in-
house). The construction scope is limited. Collier’s services is needed as Engineer Gardella and Assistant
September 23, 2023, Page 3
Engineer Poruchynsky do not have the expertise of structural engineering and permitting. Colliers would
be handling 22% of the project and Engineer Gardella and Assistant Engineer Poruchynsky will handle
the other 78%. Administrator Casagrande provided the soft cost breakdown and where it will be charged.
Councilwoman Hoey asked for clarification on a Certified Structural Engineer. There are engineers that
have expertise in certain aspects of engineering. Designing a bulkhead requires a certain specialty and
expertise as well as securing the permits from the DEP. There is a resolution on the agenda to approve
Colliers proposal.
PUBLIC COMMENT ON AGENDA ITEMS
The meeting was opened to the public for comments or questions at 7:48 p.m. Carolyn
Ferguson, Colonial Court, asked about issues pertaining to crabbing on the dock and if there have
been complaints; yes. She felt that new rules could create more work and expenses (creating and
installing signs and then maintaining them, issuing summonses). The Mayor said there are other
issues that come along with those items such as the trash that is left on the dock, the mess from the
bait and crab parts not being cleaned up. Since COVID the usage and issues have maximized and
we need to take action. Attorney Sobel said there are permits that can allow certain activities or we
can waive laws, if requested, that are found to be reasonable. Councilwoman Hoey emphasized the
need to have signage for clean-up. We do have littering signs throughout the Borough.
Chris Hempstead, Willow Street, said he had a question on the crabbing and fishing matter
which was answered. He understood the need for the discussion. The Mayor and Council reiterated
the issues that have been experienced by the area residents with noise, car doors slamming at all
hours, trash and bait not being cleaned up, etc.
Ruth Blaser, River Road, stated the Lead Paint Ordinance does not have a reference to the
year it applies to. Statute says that it applies to any house built before 1978. Attorney Sobel said this
Ordinance does not speak specifically to the 1978-time frame, however the New Jersey
Administrative Code 5.8A does address 1978 which is noted in the Borough’s ordinance.
Councilman LaBarbera asked if there is a need to amend the ordinance to note the 1978 outlaw of
lead-based paint.
Stephanie Adams, Oxford Avenue, mentioned the reported public nuisance issues at the dock
and stated that the park at the end of Grange Avenue will be opened up to the same type of issues. A
concern is the lower portion of the bulkhead at Grange is designed where it will be out of view and
the Borough would be opening itself up to a similar situation as Fair Haven Road’s dock. Mayor
Halpern said it is currently hard to see below; we are being forward thinking by stating all public
lands. If the riverfront parks bring more people to use the area, then there is a need to establish rules
and regulations for enforcement.
There being no further comments or questions, the meeting was closed to the public at 7:55
p.m.
APPROVAL OF MINUTES
Councilmember LaBarbera made a motion to approve the Regular Meeting minutes of
September 11, 2023, second by Councilmember Koch
Affirmative: Councilmembers Cole, Hoey, Koch, LaBarbera and Rodriguez
Negative: None
Abstain: Councilmember Neff
Absent: None
Councilmember LaBarbera made a motion to approve the Executive Session minutes of
September 11, 2023, second by Councilmember Koch
Affirmative: Councilmembers Cole, Hoey, Koch, LaBarbera and Rodriguez
Negative: None
Abstain: Councilmember Neff
Absent: None
Councilmember LaBarbera made a motion to approve the Special Meeting minutes of
September 18, 2023, second by Councilmember Koch
Affirmative: Councilmembers Cole, Hoey, Koch, LaBarbera and Rodriguez
Negative: None
Abstain: Councilmember Neff
Absent: None
OLD BUSINESS
HEARING AND ADOPTION OF ORDINANCES
September 26, 2023, Page 4
1. Ordinance No. 2023-12, Amend Ordinance No. 2020-07, Creating a Habitat Rezoning Ordinance
AN ORDINANCE OF THE COUNCIL OF THE BOROUGH OF FAIR HAVEN IN
THE COUNTY OF MONMOUTH AMENDING CHAPTER 30, LAND USE AND
DEVELOPMENT REGULATIONS, AMENDING THE R-5 SINGLE-FAMILY
RESIDENTIAL ZONE TO PERMIT AN AFFORDABLE TWO-FAMILY
DWELLING ON A PORTION OF BLOCK 45
On motion of Councilmember LaBarbera, second by Councilmember Koch with Ayes by all
present, Mayor Halpern opened the meeting for comments or questions at 7:56 p.m.
The Planning Board reviewed the ordinance and provided a letter of support as it meets
aspects of the Borough’s Master Plan.
There being none, the Hearing was closed to the public at 7:56 p.m. on motion of Council-
member LaBarbera, 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
2. Ordinance No. 2023-13, Amend Salary Ordinance No. 2022-02 to include additional Police positions
AN ORDINANCE OF THE COUNCIL OF THE BOROUGH OF FAIR HAVEN IN
THE COUNTY OF MONMOUTH SETTING THE SALARY RANGES OF
OFFICERS, EMPLOYEES AND ADMINISTRATIVE AND EXEMPT MEMBER
OF THE BOROUGH OF FAIR HAVEN
On motion of Councilmember LaBarbera, second by Councilmember Koch with Ayes by all
present, Mayor Halpern opened the meeting for comments or questions at 7:57 p.m.
There being no comments or questions, the Hearing was closed to the public at 7:57 p.m. on
motion of Councilmember LaBarbera, second by Councilmember Neff 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
With regard to Borough facilities, there was no Power Point Presentation. Councilman
LaBarbera advised there was a meeting regarding the Police Department and Community Center
Project and the emphasis on safety, communication for the Third Street area. The Notice to Award the
contract has been advertised. The Committee met with Fisk Chapel on September 22nd; they will provide
a signed short-term parking agreement. The Long-Term Parking agreement ordinance is on this
evening’s agenda for introduction. If introduced, we will pass along the proposed long-term agreement to
Fisk Chapel and they have their process. Once they receive their approvals, the ordinance will move
forward with a hearing and adoption. We hope to have a groundbreaking ceremony in the next two
weeks; a groundbreaking shovel is needed. He is looking for a mirrored shovel and asked if the Council
would be willing to chip in; yes. Earthwork monitoring is on the agenda which is required because of soil
moving. Councilwoman Cole noted that this is an extra step to ensure contracted conditions for our
footings which ensures no cracks occur during construction; these are important steps for the foundation.
With regard to the DPW Facility, a Notice to Bidders will be in the newspaper tomorrow for bid
receipt on November 1st. The Concession Stand is operational and our IT will be in there tomorrow.
There is a serious bee issue there which will be taken care of on Thursday with the hope of moving in on
Friday. The first auction is on track for October. On May 22nd, the Council discussed the banner for the
Police Department/Community Center to provide information from a community and safety perspective.
There will be an 8’ fence around the construction site to prevent anyone from cutting through. There will
be two different vantage points to look at the building (from the front and Community Center fields). The
contractor suggested providing a current rendering and the project’s contact information on banners that
could be attached to the fence so the public can see the site’s future. Councilwoman Cole suggested
adding the Borough’s QR Code as well. There will be finalization of the fuel tank operation, security
cameras and Commission and Committee meeting space which is listed on tonight’s agenda. Councilman
LaBarbera and Councilwoman Hoey are door knocking on Fisk Street between Cedar and Maple
September 26, 2023, Page 5
Avenues and a few homes on the side streets that will be directly impacted by the Police Department and
Community Center project.
The next project to be focused on is Bicentennial Hall. The Architect will present a rendering at
the next Historic Preservation Commission meeting as long as there is a quorum.
NEW BUSINESS
Council Committee Reports
Finance - Councilman Rodriguez thanked the Borough’s finance professionals (Meghan Bennett and
Heather Litzebauer) for the work they did this past week to provide the bond ordinance and financial
information. At the October 10th Council meeting, the bond ordinance will be listed for introduction with
a planned hearing and adoption date of October 23rd. The Committee is monitoring the DPW Facility for
progress.
Police, Fire & OEM - Councilman Rodriguez said there is no OEM report. The fire department will be
looking to update fire and first aid radios with the County Sheriff’s Department. Our Police Department
has been monitoring the Cambridge Avenue parking situation and it has improved quite a bit.
Councilman LaBarbera said “No news is good news”; there was extra enforcement out in the area the
first few weeks when the signage, authorized by ordinance, was installed. We will reach out to Little
Silver Borough’s Council liaison to get a status on traffic and any designs plans for the Red Bank
Regional parking lot. Chief McGovern agreed that the Cambridge Avenue matter has improved.
Personnel - Councilwoman Hoey advised that during executive session, under Personnel, there will be
discussion on library reorganization and the land use secretary position. Sandi Papa’s last day was
September 20th.
Parks and Recreation - Councilwoman Hoey advised that the Recreation Committee met two weeks
ago and discussed the cracks at the tennis courts and repairs that occurred at Fair Haven Fields #4. The
AEDs have been installed. On October 21st, the annual camp out will take place, on October 22nd, the
Egg Hunt and Halloween parade will occur, October 23rd will begin the Halloween house decorating
contest and November 11th is Veterans Day when the annual ceremony will take place. Tree Lighting and
Holiday Stroll will be in early December as well as Santa calls. The Holiday House Decorating contest
will be at the end of December.
Planning Board - Councilwoman Koch advised at the September 19th Planning Board meeting, the land
use ordinance passed tonight was discussed and found to be consistent with the Master Plan and land use
regulations. The next meeting is scheduled for October 17th. The Beautification Committee met last week
and would like to wrap the street light poles with white lights and possibly expand next year; our current
holiday decorations have outlived their use.
Engineering and DPW - Councilman LaBarbera said the Brush and Leaf Committee is meeting on
September 28th and they will have proposed courses of action. We are tracking Hance and Cooney very
closely. There is a Stormwater Management meeting this week with the DPW and Engineering
Committee to continue with the plan that has been worked on over the last six months.
On September 13th, he and Engineer Gardella knocked on doors and advised the residents in high
impact areas of the microprojects; seven out of 17 residents answered the door. On September 19th, he
and Councilwoman Hoey followed up with some of the residents. The trees started to come down today.
There will be hand-delivered notes provided in the high impact areas as they are identified and the
project approaches.
The McCarter Pond Hydro-Rake Project is listed on the Executive Session agenda. The builder is
looking to secure permits for the old Sunoco site to make improvements.
Borough Facilities - Councilman LaBarbera reported on this earlier in the meeting.
Zoning Board of Adjustment - Councilman LaBarbera advised the Board’s next meeting is October 5th.
Borough Communications and Community Outreach - Councilwoman Cole advised there is a
Communications and Public Outreach meeting on September 28th. There will be a new stormwater
information page on the website; it is in the works. There is a September 27th Environmental Round
Table taking place (Planning Board, Historic Preservation Commission, Shade Tree and Environmental
Commission will all be part of it). There is a hot spot near Shrewsbury River Yacht Club which is
affecting the DEP’s ability to upgrade and has been showing up near the Yacht Club as an issue; it could
be coming from a different Borough location (it is animal fecal matter). There will be a Fall Sport Swap
overseen by the Green Team. October 4th is Bike and Walk to school day. The Shade Tree Commission
anticipates hearing back on a resiliency grant; hopefully in October. The Grant Committee has developed
a template for members of the governing body. They met on September 18th and identified a grant
application as a good fit for Fair Haven which is due by September 30th; what was provided is the grant
application. The Committee is asking for the Mayor and Council to approve the submission. It would be
for a historic walking tour to highlight landmarks (B1 zone area). The public could click on a QR code
September 28 2023, Page 6
and it would bring up an address and you could stand before the location as it provides history. She
thanked Administrator Casagrande for the template and the Mayor for this idea. It is not a heavy lift for
the staff as we have the information and would just need to digitize it. Councilwoman Hoey said it is an
opportunity to engage the students to learn more about the Borough’s history. Councilwoman Cole said
they have identified partners (Historic Preservation Commission, Historic Association, Fisk Chapel, the
schools, the governing body and Fair Haven Business Association) and the Committee would like to
apply for this grant to help fund the education piece, etc.; we would ask for $35,000. Councilman
LaBarbera said the content creation is the hardest part and use of use of grad school students would be
great. Councilwoman Koch asked what happens if only a portion is awarded. There is no commitment, at
this time, the Borough is just applying to see what happens. Councilwoman Koch asked who is
validating the content; Pat Drummond, Historian, as she would be grateful to have the information
digitized. At the October 10th Council meeting, there will be another grant opportunity presented.
The Fair Haven Business Association has a new member, Dream Catcher. There is a business
location at 814 River Road that is for rent. Robbyn O’Neil and Elise Casey were two co-chairs for the
Historic Association (fundraising arm of Historic Preservation Commission) and on September 9th the
Association relaunched the Garden Party which was held at Councilwoman Cole’s home; the event
raised over $47,000. There are four generations of Fair Haven residents who are committed and involved
with a mission to preserve Bicentennial Hall and willing to help preserve the history of Fair Haven. The
Association will provide recommendations for fund use.
Councilman LaBarbera advised that the 2022 Municipal Audit was completed and there were no
comments or recommendations. He recognized the Borough staff and the good job they have done. The
synopsis was published in the Asbury Park Press. The Audit Acceptance will be listed on October 10th
agenda.
INTRODUCTION OF ORDINANCES
1. Ordinance No. 2023-14, Create Chapter 13, Lead Paint Inspection Ordinance
AN ORDINANCE SUPPLEMENTING THE BOROUGH’S REVISED GENERAL
ORDINANCES TO INCLUDE NEW CHAPTER 13: “LEAD-BASED PAINT
INSPECTIONS” IN ACCORDANCE WITH STATE LAW
WHEREAS, pursuant to P.L. 2021, c.182 and New Jersey Administrative Code 5:28A,
Lead-Based Paint Inspections in Rental Dwellings, all municipalities are required to ensure
inspections of every single-family, two-family, and multiple rental dwelling located within the
municipality at tenant turnover for lead-based paint hazards are conducted; and
WHEREAS, it is in the best interests of the residents of the Borough of Fair Haven (the
“Borough”) to amend the Borough Code at this time to require inspections for lead-based paint in
residential rental dwellings to conform to New Jersey State law; and
WHEREAS, the Borough hereby adopts this Ordinance to establish new Chapter 13: “Lead-
Based Paint Inspections” of the Borough Code to serve the best interests of the Borough of Fair
Haven and its residents.
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. The Revised General Ordinances of the Borough of Fair Haven are hereby
supplemented to include new Chapter 13: “Lead-Based Paint Inspections” as follows:
CHAPTER 13: “LEAD-BASED PAINT INSPECTIONS”
§ 13-1 ADOPTION OF STANDARDS BY REFERENCE.
Unless specifically outlined below, a code defining and authorizing the periodic inspection of
premises by an enforcing official concerning lead-based paint, compelling residents to abate
identified lead hazards, explaining the relevant procedures, and, prescribing penalties for failure to
address violations in a timely matter is hereby established in accordance with Chapter P.L. 2021,
c.182 and N.J.A.C. 5:28A et seq.
§ 13-2 TITLE.
Said code established and adopted by this chapter is described and commonly known as N.J.A.C.
5:28A Lead-Based Paint Inspections in Rental Dwellings.
§ 13-3 COPIES ON FILE.
September 26, 2023, Page 7
Three copies of said N.J.A.C. 5:28A Lead-Based Paint Inspections in Rental Dwellings, have been
placed on file in the office of the Borough Clerk upon the introduction of this Chapter and will
remain on file there for use and examination by the public.
§ 13-4 REGISTRATION AND INSPECTION REQUIRED.
A. The dwelling owner, landlord, or agent of a single-family, two-family, and/or multiple rental
dwelling property located within the Borough shall register such rental dwelling with the Borough
by completing, providing all information called for by, and signing a form prescribed by the Code
Enforcement Officer and filing such completed and signed form with the Code Enforcement Officer
within two weeks after the effective date of this Chapter or on or before the date that such owner
takes title to such rental dwelling. The Code Enforcement Officer shall maintain all such completed
and signed forms in his or her office.
B. Subject to Subsection C of this section, the Code Enforcement Officer and/or such
individuals or organizations empowered through appointment shall inspect every single-family, two-
family, and multiple rental dwelling located within the Borough at tenant turnover for lead-based
paint hazards or within two years of the effective date of N.J.S.A. 52: 27D-437.16 et seq., whichever
is earlier. Thereafter, all such units shall be inspected for lead-based paint hazards the earlier of
every three years or upon tenant turnover, except that an inspection upon tenant turnover shall not be
required if the owner has a valid lead-safe certification pursuant to this section.
C. The dwelling owner, landlord, or agent of a rental property may directly hire a lead
evaluation contractor who is certified to provide lead paint inspection services by the Department of
Community Affairs to satisfy the requirements of Subsection B of this section in lieu of the
municipal inspection contemplated by Subsection B of this section. In the event that a dwelling
owner or landlord directly hires such a lead evaluation contractor to satisfy inspection needs as
outlined herein, copies of all subsequential results, reports, and/or certificates must be provided to
the Code Enforcement Officer as part of the established registration application.
§ 13-5 INSPECTION FEES.
Fees for a lead-based paint inspection shall be set via rates established by Chapter 10: “Lead-Based
Paint Inspections” of the Administrative Code of the Monmouth County Regional Health
Commission No. 1.
§ 13-6 COMPLIANCE.
All property owners and/or business of rental dwellings that meet the provision of the aforesaid code
of this Chapter and regulations referenced therein must abate their rental dwelling(s) upon
identification and notice of lead hazard(s) that were discovered as a result of observations made
during a lead-based paint inspection. The abatement of lead hazards must conform to regulations
found within N.J.A.C. 5:28A and N.J.A.C. 5:17, which encompasses and/or outlines protocols for
lead abatement and clearance.
§ 13-7 ENFORCEMENT.
This Chapter may be enforced by and in the name of the Monmouth County Regional Health
Commission No. 1 and/or the Borough with the assistance of the Code Enforcement Officer by
proceedings instituted and prosecuted in a court having jurisdiction of such proceedings within the
Borough.
§ 13-8 VIOLATIONS AND PENALTIES.
If a dwelling owner fails to comply with any provision of this Chapter or the requirements of P.L.
2021, c. 182 and N.J.A.C. 5:28 et seq., the owner shall be given a period of thirty (30) days to cure
any violation by conducting the required inspection or initiating any required remediation efforts.
If the owner of a dwelling has failed to cure the violation within thirty (30) days, the owner shall be
subject to a penalty of up to $1,000.00 per week (every seven days) until the required inspection has
been conducted or the remediation efforts have been initiated. Remediation efforts shall be
considered to have initiated when the dwelling owner has hired a lead abatement contractor or other
qualified party to perform lead-hazard control methods.
§ 13-9 FILING WITH THE STATE.
A true certified copy of this Chapter shall be filed with the State Commissioner of Health.
September 26, 2023, Page 8
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.
Offered for introduction by Councilmember LaBarbera, second by Councilmember Koch
Affirmative: Councilmembers Cole, Hoey, Koch, LaBarbera, Neff and Rodriguez
Negative: None
Abstain: None
Absent: None
2. Ordinance No. 2023-15, Long Term Parking Agreement with Fisk Chapel A.M.E. Church
AN ORDINANCE AUTHORIZING THE ACQUISITION OF A PERMANENT
PARKING ACCESS EASEMENT UPON THE PROPERTY AT 37-38 FISK STREET,
BLOCK 39, LOT 11, FROM FISK CHAPEL A.M.E. CHURCH, INC. FOR
PARKING AND ACCESS TO THE BOROUGH’S NEW POLICE
DEPARTMENT/COMMUNITY CENTER
WHEREAS, the Borough of Fair Haven (the “Borough”) is a municipal corporation of the
State of New Jersey and is authorized, pursuant to N.J.S.A. 40A:12-5, to acquire interests in real
property by Ordinance for public purposes; and
WHEREAS, Fisk Chapel A.M.E. Church, Inc. (“Grantor”) is the owner of property known
as 37-38 Fisk Street, Fair Haven, NJ 07704, and identified on the tax map of the Borough of Fair
Haven as Block 39, Lot 11 (the “Grantor’s Property”); and
WHEREAS, the Borough is the owner of property known as 35 Fisk Street, Fair Haven, NJ
07704, and identified on the tax map of the Borough of Fair Haven as Block 39, Lot 20.01 (the
“Borough’s Property”); and
WHEREAS, the Borough plans to construct a new Police Department and Community
Center upon the Borough’s Property, including certain permanent parking lot improvements to be
located upon the Grantor’s Property and the Borough’s Property (the “Project”); and
WHEREAS, as part of the Project, the Borough has agreed to make certain permanent
parking lot and landscaping improvements upon Grantor’s Property; and
WHEREAS, in addition to making permanent parking lot and landscaping improvements
upon Grantor’s Property, the Borough has also agreed to pay to Grantor the amount of $20,000.00 as
consideration for the granting a permanent parking access easement upon Grantor’s Property; and
WHEREAS, the permanent parking access easement upon Grantor’s Property shall
encompass and include all permanent parking lot and landscaping improvements made by the
Borough upon Grantor’s Property;
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 that:
(1) The Borough does hereby approve and accept the Deed of Permanent Parking Access
Easement attached hereto as Exhibit A; and
(2) The Mayor is hereby authorized to execute the Deed of Permanent Parking Access Easement
attached hereto as Exhibit A; and
(3) The Borough is hereby authorized to make payment in the amount of $20,000.00 to Fisk
Chapel A.M.E. Church, Inc. as additional consideration for the Deed of Permanent Parking Access
Easement attached hereto as Exhibit A; and
BE IT FURTHER ORDAINED that any ordinances or portions thereof which are
September 26, 2023, Page 9
inconsistent with the provisions of this Ordinance are hereby repealed as of the effective date of this
Ordinance; and
BE IT FURTHER ORDAINED that, if any provision of this Ordinance or the application
of such provision to any person or circumstance is declared invalid, such invalidity shall not affect
the other provisions or applications of this Ordinance which can be given effect, and to this end, the
provisions of this Ordinance are declared to be severable; and
BE IT FURTHER ORDAINED that this Ordinance shall take effect immediately upon its
passage and adoption according to law.
Offered for introduction by Councilmember LaBarbera, second by Councilmember Koch
Affirmative: Councilmembers Cole, Hoey, Koch, LaBarbera, Neff and Rodriguez
Negative: None
Abstain: None
Absent: None
CONSENT AGENDA
RESOLUTIONS
1. Resolution No. 2023-235, Executive Session – Personnel, Acquisition of Property and Litigation
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 Organization
2. Finance Office
3. Planning Board and Zoning Board Secretary
Acquisition of Property
1. 21 Fair Haven Road
Litigation
1. McCarter Pond Hydro Rake Project
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 Hoey, second by Councilmember LaBarbera
Affirmative: Councilmembers Cole, Hoey, Koch, LaBarbera, Neff and Rodriguez
Negative: None
Abstain: None
Absent: None
2. Resolution No. 2023-236, Special Meeting - October 3, 2023 - Police Promotion Interviews
WHEREAS, the Mayor and Council have determined that a special meeting is required to be
held in order to conduct Police Department Promotion Interviews; and
WHEREAS, the Mayor and Council have selected Tuesday, October 3, 2023 at 4:30 p.m. as
the Special Meeting date; and
WHEREAS, the Borough Clerk will notice for and advertise the special meeting in
accordance with the requirements of the Open Public Meetings Act.
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of
Fair Haven, County of Monmouth, and State of New Jersey, that the Mayor and Council shall hold a
special meeting on Tuesday, October 3, 2023 at 4:30 p.m. to conduct Police Department Promotion
Interviews.
September 26, 2023, Page 10
Offered for adoption by Councilmember Hoey, second by Councilmember LaBarbera
Affirmative: Councilmembers Cole, Hoey, Koch, LaBarbera, Neff and Rodriguez
Negative: None
Abstain: None
Absent: None
3. Resolution No. 2023-237, Approve Block Party on Fairwaters Lane - October 14th
WHEREAS, a request was received to hold a Block Party on Fairwaters Lane on October
14, 2023 from 6 pm to 11 pm with a rain date of Sunday, October 15, 2023; and
WHEREAS, Police Chief McGovern reviewed the application and submitted his approval
on September 11, 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 Fairwaters Lane on Saturday,
October 14, 2023 from 6 pm to 11 pm (rain date: Sunday, October 15th).
BE IT FURTHER RESOLVED that Permit No. BP 2023-08 will be issued for said event.
Offered for adoption by Councilmember Hoey, second by Councilmember LaBarbera
Affirmative: Councilmembers Cole, Hoey, Koch, LaBarbera, Neff and Rodriguez
Negative: None
Abstain: None
Absent: None
4. Resolution No. 2023-238, Approve Block Party on Church Street - October 8th
WHEREAS, a request was received to hold a Block Party on Church Street on Sunday,
October 8 2023 from 4 pm to 8 pm with a rain date of Sunday, October 15, 2023; and
WHEREAS, Police Chief McGovern reviewed the application and submitted his approval
on September 18, 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 Church Street on Sunday,
October 8, 2023 from 4 pm to 8 pm (rain date: Sunday, October 15th).
BE IT FURTHER RESOLVED that Permit No. BP 2023-09 will be issued for said event.
Offered for adoption by Councilmember Hoey, second by Councilmember LaBarbera
Affirmative: Councilmembers Cole, Hoey, Koch, LaBarbera, Neff and Rodriguez
Negative: None
Abstain: None
Absent: None
5. Resolution No. 2023-239, Approve Block Party on Sycamore Lane - October 15th
WHEREAS, a request was received to hold a Block Party on Sycamore Lane on Sunday,
October 15, 2023 from 3 pm to 5 pm with a rain date of Saturday, November 4, 2023; and
WHEREAS, Police Chief McGovern reviewed the application and submitted his approval
on September 14, 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 Sycamore Lane on Sunday,
October 15, 2023 from 36 pm to 5 pm (rain date: Saturday, November 4th).
BE IT FURTHER RESOLVED that Permit No. BP 2023-10 will be issued for said event.
Offered for adoption by Councilmember Hoey, second by Councilmember LaBarbera
Affirmative: Councilmembers Cole, Hoey, Koch, LaBarbera, Neff and Rodriguez
Negative: None
Abstain: None
September 26, 2023, Page 11
Absent: None
6. Resolution No. 2022-240, Approve Block Party on Dartmouth Avenue - October 21st
WHEREAS, a request was received to hold a Block Party on Dartmouth Avenue on October
21, 2023 from 3 pm to 11 pm; and
WHEREAS, Police Chief McGovern reviewed the application and submitted his approval
on September 19, 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 Dartmouth Avenue on
Saturday, October 21, 2023 from 3 pm to 11 pm.
BE IT FURTHER RESOLVED that Permit No. BP 2023-11 will be issued for said event.
Offered for adoption by Councilmember Hoey, second by Councilmember LaBarbera
Affirmative: Councilmembers Cole, Hoey, Koch, LaBarbera, Neff and Rodriguez
Negative: None
Abstain: None
Absent: None
7. Resolution No. 2023-241, Approve Block Party on William Street - October 7th
WHEREAS, a request was received to hold a Block Party on William Street on Saturday,
October 7, 2023 from 1 pm to 8 pm with a rain date of Sunday, October 8, 2023; and
WHEREAS, Police Chief McGovern reviewed the application and submitted his approval
on September 18, 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 William Street on Saturday,
October 7, 2023 from 1 pm to 8 pm (rain date of October 8, 2023).
BE IT FURTHER RESOLVED that Permit No. BP 2023-12 will be issued for said event.
Offered for adoption by Councilmember Hoey, second by Councilmember LaBarbera
Affirmative: Councilmembers Cole, Hoey, Koch, LaBarbera, Neff and Rodriguez
Negative: None
Abstain: None
Absent: None
8. Resolution No. 2023-242, Approve Proposal from Collier’s Engineering & Design for Pocket Park and
Boat Ramp Construction Administration and Construction Inspection Services
WHEREAS, there is a need for the professional services of an Engineer to assist with the
Construction Administration and Inspection Services for a Pocket Park and Boat Ramp; and
WHEREAS, the proposal dated September 7, 2023 received from Colliers Engineering &
Design to provide Construction Administration and Inspection Services states that the total costs for
this work, broken down as follows, shall not exceed a total of $21,700:
Phase Name Fee
PHASE 1.0 HELICAL ANCHOR EASEMENT MAP $ 2,400.00
PHASE 2.0 CONSTRUCTION SUPPORT SERVICES $19,000.00
REIMBURSABLES $ 300.00
TOTAL FEE $21,700.00
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 Construction Administration and Inspection for Fair Haven’s Pocket Park and Boat
Ramp at a cost not to exceed $21,700 and the Mayor is authorized to execute paperwork, if required.
Offered for adoption by Councilmember Rodriguez, second by Councilmember Koch
Affirmative: Councilmembers Hoey, Koch, LaBarbera, Neff and Rodriguez
September 26, 2023, Page 12
Negative: Councilmember Cole
Abstain: None
Absent: None
9. Resolution No. 2023-243, Approve Fire Department Affiliate Membership Application/First Aid/Isabella
Bulhoes
BE IT RESOLVED by the Borough Council of the Borough of Fair Haven that Isabella
Bulhoes, 216 N. Fifth Avenue, #10, Long Branch, NJ 07740 having been duly accepted as an
affiliate member of the Fair Haven Volunteer Fire Co., is hereby appointed to the Fair Haven Fire
Department/First Aid Squad.
Offered for adoption by Councilmember Hoey, second by Councilmember LaBarbera
Affirmative: Councilmembers Cole, Hoey, Koch, LaBarbera, Neff and Rodriguez
Negative: None
Abstain: None
Absent: None
10. Resolution No. 2023-244, Appoint Martin Owens Hawley, Jr. as Fire Prevention Official
WHEREAS, the Borough of Fair Haven has a need for a Fire Prevention Official; and
WHEREAS, Martin Owens Hawley, Jr. has the qualifications necessary as a Fire Prevention
Official.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of
Fair Haven that Martin Owens Hawley, Jr. be appointed to the position of Fire Prevention Official
retroactive to September 16, 2023 with his annual salary being paid by the Borough of Rumson.
BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the
New Jersey Department of Community Affairs and the Borough of Rumson for their records.
Offered for adoption by Councilmember Hoey, second by Councilmember LaBarbera
Affirmative: Councilmembers Cole, Hoey, Koch, LaBarbera, Neff and Rodriguez
Negative: None
Abstain: None
Absent: None
11. Resolution No. 2023-245, Amend Resolution No. 2023-03 to appoint Councilman Rodriguez as
Finance Chairman
WHEREAS, Resolution No. 2023-03 appointing the various Boards, Commissions and
Committees was adopted by the Mayor and Council at their Reorganization Meeting held on January
3, 2023; and
WHEREAS, there is a need to amend the resolution to appoint Councilman Christopher
Rodriguez as Finance Chairperson for the remainder of 2023.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of
Fair Haven that Councilman Rodriguez is hereby appointed as Finance Chairman, effective
immediately, until December 31, 2023.
Offered for adoption by Councilmember Hoey, second by Councilmember LaBarbera
Affirmative: Councilmembers Cole, Hoey, Koch, LaBarbera, Neff and Rodriguez
Negative: None
Abstain: None
Absent: None
12. Resolution No. 2023-246, Appoint Part-time School Crossing Guards
WHEREAS, there is a need for part-time School Crossing Guards; and
WHEREAS, Chief Joseph McGovern has recommended that Donna Maerz, Carolyn
McCarthy and John Jarvis be appointed as Part Time School Crossing Guards, effective
September27, 2023 at an hourly salary of $20.50.
September 26, 2023, Page 13
BE IT RESOLVED by the Mayor and Council of the Borough of Fair Haven that Donna
Maerz, Carolyn McCarthy and John Jarvis are hereby appointed as part-time School Crossing
Guards as noted above.
Offered for adoption by Councilmember Hoey, second by Councilmember LaBarbera
Affirmative: Councilmembers Cole, Hoey, Koch, LaBarbera, Neff and Rodriguez
Negative: None
Abstain: None
Absent: None
13. Resolution No. 2023-247, Approve Rental Agreement with Knight of Columbus for meeting space
WHEREAS, the Borough awarded a bid for construction of a new Police Facility and
Community Center; and
WHEREAS, there is a need for meeting space while construction of the new Community
Center is taking place; and
WHEREAS, the Columbus Club a/k/a Knight of Columbus, 200 Fair Haven Road, has
offered their facility for use on Tuesday and Wednesdays, at an hourly rate of $30 from
November 1, 2023 through August 30, 2024, as per the attached agreement.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough
of Fair Haven that the attached agreement for meeting space at the Knight of Columbus is hereby
approved and the Mayor is authorized to execute said agreement.
Offered for adoption by Councilmember Hoey, second by Councilmember LaBarbera
Affirmative: Councilmembers Cole, Hoey, Koch, LaBarbera, Neff and Rodriguez
Negative: None
Abstain: None
Absent: None
14. Resolution No. 2023-248, Approve Frank H. Lehr Associates Proposal, Earthwork Monitoring
Services-Police Department and Community Center
WHEREAS, the Borough has an approved contract for Architectural Services with The
Goldstein Partnership; and
WHEREAS, Frank H. Lehr Associates is the Geotechnical Engineer of Record for the New
Community Center Project for The Goldstein Partnership and has provided a supplemental proposal
for Earthwork Monitoring Services; and
WHEREAS, in the State of New Jersey various Special Inspections are required in
conjunction with the construction of an essential facility such as a Police facility; and
WHEREAS, Rick Adelsohn of Frank H. Lehr Associates has provided a s proposal with a
not-to-exceed amount of $38,000, attached as Exhibit A; and
WHEREAS, The Goldstein Partnership, Borough Architect, would receive an administrative
and coordination fee in an amount not-to-exceed $3,800.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of
Fair Haven that the proposal from Frank H. Lehr Associates and amendment to the Borough
Architect contract be approved for an amount not to exceed $41,800 with all other terms and
conditions remaining the same.
Offered for adoption by Councilmember Hoey, second by Councilmember LaBarbera
Affirmative: Councilmembers Cole, Hoey, Koch, LaBarbera, Neff and Rodriguez
Negative: None
Abstain: None
Absent: None
15. Resolution No. 2023-249, Approve Extension of K.M. Hughes Enterprises Developer’s Agreement.
This was pulled from the agenda and will be listed on the October 10th agenda.
September 26, 2023, Page 14
16. Resolution No. 2023-250, Approve Block Party on Jackson Street - October 14th
WHEREAS, a request was received to hold a Block Party on Jackson Street on October 14,
2023 from 4 pm to 9 pm; and
WHEREAS, Police Chief McGovern reviewed the application and submitted his approval
on September 20, 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 Jackson Street on Saturday,
October 14, 2023 from 4 pm to 9 pm.
BE IT FURTHER RESOLVED that Permit No. BP 2023-13 will be issued for said event.
Offered for adoption by Councilmember Hoey, second by Councilmember LaBarbera
Affirmative: Councilmembers Cole, Hoey, Koch, LaBarbera, Neff and Rodriguez
Negative: None
Abstain: None
Absent: None
17. Resolution No. 2023-251, Payment of Vouchers
BE IT RESOLVED by the Governing Body of the Borough of Fair Haven that the vouchers
listed for payment on the September 26, 2023 Bill List are hereby approved and the Finance
Department is hereby authorized to release payment to the various vendors.
2023 CURRENT FUND ACCOUNT $2,291,184.07
GENERAL CAPITAL $ 210,647.54
GRANT FUND $ 1,556.23
OTHER TRUST $ 2,223.75
$ 2,505,611.59
Offered for adoption by Councilmember Hoey, second by Councilmember LaBarbera
Affirmative: Councilmembers Cole, Hoey, Koch, LaBarbera, Neff and Rodriguez
Negative: None
Abstain: None
Absent: None
Reports of Departments
August 2023
-Municipal Court
-Tax Collector
-Planning Board and Zoning Board
-Police Department
Motion to accept the reports, as submitted, moved by Councilmember LaBarbera, second by
Councilmember Rodriguez with Ayes by all present.
GOOD OF THE BOROUGH
Mayor Halpern opened the meeting to the public for comments or questions at 8:29 p.m.
Councilwoman Cole showed a photo of a Zelkova tree that the Borough recommended be expertly
pruned at Valero gas station. The work was improperly done, which shows the need to have the applicant
present when the Council hears a tree appeal.
Chris Hempstead, Willow Street, asked besides Menorah Lighting can we have a Christmas Tree
Lighting vs. a Holiday Tree Lighting. He asked if there was opposition to calling it a Christmas Tree
Lighting. Carolyn Ferguson advised it has always said Tree Lighting because it is a holiday stroll as
well. The Council will discuss for consistency.
Councilwoman Koch asked Chief McGovern if e-bikes can be driven by kids under 17; yes, the
maximum speed is 20 mph. Chief McGovern said there are no issues and they are all over. She asked if
there is a need to control this; there could be accidents and they need to wear a helmet. The Borough
cannot overrule state law. Councilwoman Koch said she sees young kids are riding them and are not
aware of bike safety. The Chief and Attorney Sobel will look into the regulations.
Robbyn O’Neill advised that her grandson, this weekend, was riding an e-scooter near
Clementine on River Road, with his friend standing on it and riding double. They fell and he sustained a
September 26, 2023, Page 15
severely broken arm and a severe sprain to his other arm and the friend had lacerations. They did not
have helmets. The orthopedic doctor was very hard on them about the danger and some of the injuries
sustained. She asked the Chief to have education at Bike Day taking place on October 4th. The Borough
will get information out via the Buzz. There are a few municipalities who have recently passed
ordinances. Councilman LaBarbera said the Borough needs to make sure there is continued resident
education and communication. Parents need to be aware of what their kids are doing and that there is no
riding against traffic; this needs to be enforced for both e-bikes and e-scooters.
There being no further comments or questions, the meeting was closed to the public at 8:37
p.m.
Council went into executive session at 8:44 p.m. and this meeting was reconvened at 10:09
p.m.
ADJOURNMENT
Motion to adjourn moved by Councilmember LaBarbera, second by Councilmember Koch
with Ayes by all present.
Time of Adjournment: 10:09 p.m.
Respectfully submitted,
Allyson M. Cinquegrana, RMC/CMR
Borough Clerk
Agenda
FAIR HAVEN BOROUGH COUNCIL
REGULAR MEETING AGENDA
TUESDAY, SEPTEMBER 26, 2023, 7:00 P.M.
HYBRID MEETING (IN-PERSON AND ZOOM)
Zoom Link: HTTPS://US02WEB.ZOOM.US/J/82208464057
iPhone or Land Line Telephone Call In: 1-301-715-8592
Webinar ID: 822 0846 4057
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
-Request from Dermer Dreams to place 50 lawn signs and 2 banners for food drive (month of October)
-Facilities Financing with Borough Finance Professionals
-Create hours for crabbing from Fair Haven Dock
-Proposed Riparian Buffer Ordinance
-Collier’s Engineering Proposal for additional Scope of Work: Pocket Parks and Boat Ramp
7. Public Comment on Agenda Items
8. Approval of Minutes
-September 11, 2023 Regular Meeting
-September 11, 2023 Executive Session
-September 18, 2023 Special Meeting
9. Old Business
Hearing and Adoption of Ordinance
2023-12 Amend Ordinance No. 2020-07, Creating a Habitat Rezoning Ordinance
2023-13 Amend Salary Ordinance No. 2022-02 to include additional Police positions
Borough Facilities (Councilman LaBarbera)
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
Introduction of Ordinances
2023-14 Create Lead Paint Inspection Ordinance
2023-15 Long Term Parking Agreement with Fisk Chapel A.M.E. Church
Consent Agenda
Resolutions
2023-235 Executive Session: Personnel, Litigation and Acquisition of Property
2023-236 Special Meeting - October 3, 2023 - Police Promotion Interviews
2023-237 Approve Block Party on Fairwaters Lane - October 14th
2023-238 Approve Block Party on Church Street - October 8th
2023-239 Approve Block Party on Sycamore Lane - October 15th
2023-240 Approve Block Party on Dartmouth Avenue - October 21st
2023-241 Approve Block Party on William Street - October 7th
2023-242 Approve Proposal from Colliers Engineering & Design for Pocket Park and Boat Ramp
Construction Administration and Construction Inspection Services
2023-243 Approve Fire Department Affiliate Membership Application/First Aid/Isabella Bulhoes
2023-244 Appoint Martin Owens Hawley, Jr. as Fire Prevention Official
2023-245 Amend Resolution No. 2023-03 to appoint Councilman Rodriguez as Finance Chairman
2023-246 Appoint Part-time School Crossing Guards
2023-247 Approve Rental Agreement with Knight of Columbus for meeting space
2023-248 Approve Frank H. Lehr Associates Proposal, Earthwork Monitoring Services-PD/CC
2023-249 Approve Amendment to Colonial Court Developer’s Agreement
2023-250 Approve Block Party on Jackson Street - October 14th
2023-251 Payment of Vouchers
Department Reports
August 2023
-Municipal Court
-Tax Collector
-Planning Board and Zoning Board
-Police Department
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.
NEXT COUNCIL MEETING: TUESDAY, OCTOBER 10, 2023
Borough of Fair Haven
Ordinance No. 2023-12
AN ORDINANCE OF THE COUNCIL OF THE BOROUGH OF FAIR HAVEN IN THE COUNTY OF
MONMOUTH AMENDING CHAPTER 30, LAND USE AND DEVELOPMENT REGULATIONS,
AMENDING THE R-5 SINGLE-FAMILY RESIDENTIAL ZONE TO PERMIT AN AFFORDABLE
TWO-FAMILY DWELLING ON A PORTION OF BLOCK 45
WHEREAS, in March 2019, the Borough Council of the Borough of Fair Haven, Monmouth County,
New Jersey (the “Borough”) voluntarily petitioned the Court via Declaratory Judgment Action (“DJ Action”) for
approval of its Housing Element and Fair Share Plan (“HEFSP”), which was also adopted in March of 2019; and
WHEREAS, as a result, the Borough and its Planning Board obtained immunity from builder’s remedy
and Mount Laurel litigation, while its plan was processed; and
WHEREAS, the Borough Council of the Borough of Fair Haven, Monmouth County, New Jersey, entered
into a Settlement Agreement with Fair Share Housing Center (FSHC) on February 12, 2020 that resolves the
Borough’s DJ Action globally; and
WHEREAS, a Court Order was signed by the Honorable Judge Linda Grasso-Jones on June 5, 2020, that
found that the Borough’s proposed affordable housing strategy as set forth within the FSHC Settlement
Agreement is facially constitutionally compliant and provides a fair and reasonable opportunity for the Borough
to meet its obligations under Mount Laurel IV; and
WHEREAS, pursuant to the executed Settlement Agreements and Court Order, the Borough proposes to
dedicate a minimum 5,000 square foot portion of a municipally owned lot at the corner of Hendrickson Place and
Allen Street to Habitat for Humanity or another qualified non-profit entity for the purpose of constructing two
affordable housing units; and
WHEREAS, in order to permit the construction of two residential units on one minimum 5,000 square
foot lot, the Borough desires to amend the standards of the R-5 Zone District as they pertain to Block 45, Lot
10.02; and
WHEREAS, this Ordinance implements and incorporates the Borough’s executed Settlement Agreement
with FSHC, the Court Order, and the New Jersey Fair Housing Act of 1985.
NOW THEREFORE, BE IT ORDAINED by the Borough Council of the Borough of Fair Haven,
County of Monmouth as follows:
The Schedule of Permitted Uses as they pertain to the R-5 Zone District is hereby amended as follows:
Section 1. Section 30-5.3 Permitted and Prohibited Uses is hereby amended as follows:
a. Permitted principal uses, accessory uses, and conditional uses within each zone district are set forth in
the schedules of permitted uses. The letter "P" means that the use is a permitted principal use in the
zone. The letter "C" means the use is a permitted conditional use. The letter "A" means permitted
accessory use in the zone. Any use, except for essential services, which is not specifically listed as a
permitted use, an accessory use or a conditional use on the schedule of uses shall be deemed a
prohibited use.
1. For Block 45, Lot 10.02 in the R-5 Zone (the “Lot”), the only permitted use is a 100%
affordable housing development consistent with the following parameters:
(a) One (1) two-family dwelling consisting of affordable residential units with a
minimum lot area of 5,000 square feet. A two-family dwelling is defined as: A
building occupied or intended for occupancy as separate living quarters for no
more than two families, with separate access, cooking, sleeping and sanitary
facilities for the exclusive use of the occupants of each unit, which units are
separated from each other either by vertical walls to the underside of the roof or
by horizontal floors.
(b) One unit shall be an affordable for-sale family unit and one unit shall be a very
low-income rental unit as that term is defined in the Fair Housing Act.
(c) Affordable housing units shall be subject to the standards in the Borough’s
Affordable Housing Ordinance (Section 30-15.2).
(d) All bulk, design, and other applicable standards in the R-5 Zone shall apply except
as follows:
(i) The Lot shall not be required to comply with the R-5 Zones prohibition
precluding parking in the front yard setback. An entry driveway may cross
any yard area but not more than 40%of the front yard area shall be used as a
driveway or for off street parking.
(ii) The Lot shall be permitted a total of two driveways.
(iii)The Lot shall be exempt from providing curb-to-cub restoration at the points of
utility connection pursuant to (Section 15-1.25).
(iv) The Lot shall be exempt from the tree reforestation requirements provided in
Section 14-8. However, the developer shall use any and all measures to comply
with the ordinance to the extent feasible and/or not cost generative.
(v) The Lot shall be exempt from providing street trees. (Section 30-8.4d)
(vi) Conflict: All other applicable municipal ordinances shall apply to this ordinance
except that where any conflict exists between this Overlay Ordinance and the
Borough’s code, whether in Zone R-5 or otherwise, this ordinance shall control.
b) Prohibited uses shall include but not be limited to the following:
1. All billboards, signboards, advertising signs and devices not expressly related to the
business being conducted on the premises or otherwise specifically permitted by this
section.
2. Camping sites, trailer camps, trailer courts or trailer coaches used as dwellings, offices or
storage facilities or commercial activities related to the outdoor storage or display of trailer
coaches, except that during development construction trailers may be permitted
specifically limited as to the extent of time such use and requiring the payment of an annual
fee to the municipality for the granting of such license for such use.
3. Auction markets.
4. Junk yards, automobile wrecking yards or disassembly yards, or the sorting or baling of
scrap metal, paper, rags, or other scrap or waste material, except for recycling operations
operated by or with the approval of the Borough.
5. Privately operated dumps for the disposal of garbage, trash, refuse, junk, or other such
material.
6. Adult bookstores.
7. Peep shows.
8. Massage parlors as defined in Section 30-2 of this chapter.
9. Amusement arcade.
10. Explosive storage, except small arms ammunition, or by special permit, where explosives
are to be used on the premises.
11. Incineration, reduction, storage or dumping of slaughterhouse refuse, rancid fats, garbage,
or dead animals.
12. Slaughtering and slaughterhouses for fowl or animals.
13. Any use of any building or premises in such a manner that the health, morals, safety or
general welfare of the community may be endangered.
14. Keeping or raising of pigs, sheep, horses, donkeys, mules, cattle, goats, chickens, and other
such livestock, unless a waiver is obtained in accordance with the provisions of subsection
5-18.4 of these Revised General Ordinances.
15. Asphalt plants, concrete plants, asphalt batching plants, concrete batching plants, asphalt
mixing plants, concrete mixing plants, asphalt manufacturing plants, concrete
manufacturing plants.
16. Auto, horse or dog racetracks.
17. Keeping or raising of mink, fox or similar fur bearing animals.
18. Open air drive-in motion picture theaters.
19. Seasonal resort cottages.
20. Any use which emits excessive and objectionable amounts of dust, fumes, noise, odor,
vibration, smoke, glare or waste products.
21. The use of boats or vehicles as residential dwellings.
22. Fast-Food Restaurants, Drive-In Restaurants, and Drive-Through Windows, as defined in
Section 30-2 of this chapter.
23. Heliports, helistops or aviation field.
24. The operation of Cannabis Cultivators, Cannabis Distributors, Cannabis Manufacturers,
Cannabis Wholesalers, Cannabis Retailers, Cannabis Delivery Services.
25. Warehouses and wholesale/fulfillment storage facilities.
Section 2. This ordinance shall take effect immediately upon final passage and publication thereof
according to law.
BOROUGH OF FAIR HAVEN
ORDINANCE NO. 2023-13
AN ORDINANCE OF THE COUNCIL OF THE BOROUGH OF FAIR HAVEN IN THE COUNTY OF
MONMOUTH SETTING THE SALARY RANGES OF OFFICERS, EMPLOYEES AND
ADMINISTRATIVE AND EXEMPT MEMBER OF THE BOROUGH OF FAIR HAVEN
BE IT ORDAINED by the Council of the Borough of Fair Haven, in the County of Monmouth, in the
State of New Jersey that the purpose of this Ordinance is to amend Ordinance 2022-02 to alter and reflect current
salary ranges paid within the Borough, as last revised and passed April 25, 2022.
NOTE: Additions are in bold italics with underlines, deletions are shown as strikeovers in bold italics.
SECTION 1. ADMINISTRATIVE OFFICE AND EMPLOYEES
TITLE MINIMUM - MAXIMUM
Borough Administrator $60,000.00 - 165,000.00
Assistant Borough Administrator $ 500.00 - 25,000.00
Borough Clerk $40,000.00 - 90,000.00
Deputy Borough Clerk $ 2,000.00 - 5,000.00
Chief Financial Officer $20,000.00 - 40,000.00*
Assistant Chief Financial Officer $25,000.00 - 70,000.00
Qualified Purchasing Agent $ 5,000.00 - 15,000.00
Payroll Coordinator $ 3,500.00 - 7,500.00
Tax Collector $35,000.00 - 60,000.00*
Tax Search Officer $ 1,000.00 - 3,500.00*
Municipal Court Administrator $ 5,000.00 - 25,000.00*
Tax Assessor $15,000.00 - 35,000.00
Administrative Assistant $18,000.00 - 50,000.00
Registrar $ 2,000.00 - 4,000.00
Librarian $30,000.00 - 55,000.00
Assistant Librarian $20,000.00 - 40,000.00
Municipal Judge $10,000.00 - 20,000.00
Municipal Prosecutor $ 7,500.00 - 20,000.00
Parks and Recreation Director $30,000.00 - 70,000.00
Assistant to the Administrator
for Special Projects $10,000.00 - 20,000.00
Chief of Police $85,000.00 - 165,000.00
Police Officer $30,000.00 - 135,000.00
Code Enforcement Officer $10,000.00 - 25,000.00
Zoning Officer $10,000.00 - 35,000.00
Construction Official $20,000.00 - 45,000.00*
Fire Sub-Code Officer $ 4,000.00 - 15,000.00*
Fire Prevention Officer $ 4,000.00 - 8,000.00*
Plumbing Inspector $ 3,000.00 - 15,000.00*
Electrical Inspector $ 5,000.00 - 15,000.00*
School Crossing Guard (permanent) $10,000.00 - 20,000.00
Director of Engineering/Director of Public Works $80,000.00 - 150,000.00
Assistant Director of Engineering & Public Works $50,000.00 - 80,000.00
Flood Plain Manager $ 5,000.00 - 10,000.00
Public Works Foreman $50,000.00 - 80,000.00
Buildings, Grounds and Parks Foreman $ 2,000.00 - 5,000.00
Buildings Maintenance Foreman $ 5,000.00 - 10,000.00
Streets and Sanitation Foreman $ 2,000.00 - 5,000.00
Mechanic $45,000.00 - 80,000.00
Public Works Laborer $27,500.00 - 75,000.00
Municipal Alliance Coordinator $ 5,000.00 - 20,000.00
Recycling Coordinator $ 500.00 - 2,500.00
Clean Communities Coordinator $ 1,000.00 - 5,000.00
Performance Based Merit Bonus $ 0.00 - 10,000.00
SECTION 2. HOURLY EMPLOYEES
TITLE MINIMUM - MAXIMUM
Receptionist/Secretary $15.00 - 30.00 per hour
Assistant Parks and Recreation Director $14.00 - 18.00 per hour
Police Records Clerk $12.00 - 30.00 per hour
Police Matron $15.00 - 25.00 per hour
Special Officer Class I $12.00 - 20.00 per hour
Special Officer Class II $13.00 - 20.00 per hour
Special Officer Class II working in the school $38.00 - 50.00 per hour
Special Officer Class III $38.00 - 50.00 per hour
School Crossing Guard (substitute) $12.00 - 25.00 per hour
PT Public Works Laborer $12.00 - 25.00 per hour
DPW – PT Recycling Laborer $12.00 – 30.00 per hour
Planning Board Secretary $12.00 - 30.00 per hour
Zoning Board Secretary $12.00 - 30.00 per hour
Code Enforcement Officer $12.00 - 25.00 per hour
Deputy Court Administrator/Violations Clerk $13.00 - 18.00 per hour*
Library Assistant $12.00 - 25.00 per hour
Clean Communities Worker $12.00 - 15.00 per hour
Summer Camp Counselors $10.00 - 30.00 per hour
Tennis Camp Instructors $14.00 - 18.00 per hour
BE IT FURTHER ORDAINED that specific salaries and bonuses within the ranges will be set by a
negotiated contract or in an annual salary resolution adopted by the governing body.
*Services provided through an Interlocal Service Agreement (positions are currently vacant)
BOROUGH OF FAIR HAVEN
ORDINANCE NO. 2023-14
AN ORDINANCE SUPPLEMENTING THE BOROUGH’S REVISED GENERAL
ORDINANCES TO INCLUDE NEW CHAPTER 13: “LEAD-BASED PAINT
INSPECTIONS” IN ACCORDANCE WITH STATE LAW.
WHEREAS, pursuant to P.L. 2021, c.182 and New Jersey Administrative Code 5:28A, Lead-Based Paint
Inspections in Rental Dwellings, all municipalities are required to ensure inspections of every single-family, two-
family, and multiple rental dwelling located within the municipality at tenant turnover for lead-based paint hazards
are conducted; and
WHEREAS, it is in the best interests of the residents of the Borough of Fair Haven (the “Borough”) to
amend the Borough Code at this time to require inspections for lead-based paint in residential rental dwellings to
conform to New Jersey State law; and
WHEREAS, the Borough hereby adopts this Ordinance to establish new Chapter 13: “Lead-Based Paint
Inspections” of the Borough Code to serve the best interests of the Borough of Fair Haven and its residents;
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. The Revised General Ordinances of the Borough of Fair Haven are hereby supplemented
to include new Chapter 13: “Lead-Based Paint Inspections” as follows:
CHAPTER 13: “LEAD-BASED PAINT INSPECTIONS”
§ 13-1 ADOPTION OF STANDARDS BY REFERENCE.
Unless specifically outlined below, a code defining and authorizing the periodic inspection of premises by an
enforcing official concerning lead-based paint, compelling residents to abate identified lead hazards, explaining
the relevant procedures, and, prescribing penalties for failure to address violations in a timely matter is hereby
established in accordance with Chapter P.L. 2021, c.182 and N.J.A.C. 5:28A et seq.
§ 13-2 TITLE.
Said code established and adopted by this chapter is described and commonly known as N.J.A.C. 5:28A Lead-
Based Paint Inspections in Rental Dwellings.
§ 13-3 COPIES ON FILE.
Three copies of said N.J.A.C. 5:28A Lead-Based Paint Inspections in Rental Dwellings, have been placed on file
in the office of the Borough Clerk upon the introduction of this Chapter and will remain on file there for use and
examination by the public.
§ 13-4 REGISTRATION AND INSPECTION REQUIRED.
A. The dwelling owner, landlord, or agent of a single-family, two-family, and/or multiple rental dwelling property located
within the Borough shall register such rental dwelling with the Borough by completing, providing all information called
for by, and signing a form prescribed by the Code Enforcement Officer and filing such completed and signed form with
the Code Enforcement Officer within two weeks after the effective date of this Chapter or on or before the date that
such owner takes title to such rental dwelling. The Code Enforcement Officer shall maintain all such completed and
signed forms in his or her office.
B. Subject to Subsection C of this section, the Code Enforcement Officer and/or such individuals or organizations
empowered through appointment shall inspect every single-family, two-family, and multiple rental dwelling located
within the Borough at tenant turnover for lead-based paint hazards or within two years of the effective date of N.J.S.A.
52: 27D-437.16 et seq., whichever is earlier. Thereafter, all such units shall be inspected for lead-based paint hazards
the earlier of every three years or upon tenant turnover, except that an inspection upon tenant turnover shall not be
required if the owner has a valid lead-safe certification pursuant to this section.
C. The dwelling owner, landlord, or agent of a rental property may directly hire a lead evaluation contractor who is
certified to provide lead paint inspection services by the Department of Community Affairs to satisfy the requirements
of Subsection B of this section in lieu of the municipal inspection contemplated by Subsection B of this section. In the
event that a dwelling owner or landlord directly hires such a lead evaluation contractor to satisfy inspection needs as
outlined herein, copies of all subsequential results, reports, and/or certificates must be provided to the Code
Enforcement Officer as part of the established registration application.
§ 13-5 INSPECTION FEES.
Fees for a lead-based paint inspection shall be set via rates established by Chapter 10: “Lead-Based Paint
Inspections” of the Administrative Code of the Monmouth County Regional Health Commission No. 1.
§ 13-6 COMPLIANCE.
All property owners and/or business of rental dwellings that meet the provision of the aforesaid code of this
Chapter and regulations referenced therein must abate their rental dwelling(s) upon identification and notice of
lead hazard(s) that were discovered as a result of observations made during a lead-based paint inspection. The
abatement of lead hazards must conform to regulations found within N.J.A.C. 5:28A and N.J.A.C. 5:17, which
encompasses and/or outlines protocols for lead abatement and clearance.
§ 13-7 ENFORCEMENT.
This Chapter may be enforced by and in the name of the Monmouth County Regional Health Commission No. 1
and/or the Borough with the assistance of the Code Enforcement Officer by proceedings instituted and prosecuted
in a court having jurisdiction of such proceedings within the Borough.
§ 13-8 VIOLATIONS AND PENALTIES.
If a dwelling owner fails to comply with any provision of this Chapter or the requirements of P.L. 2021, c. 182
and N.J.A.C. 5:28 et seq., the owner shall be given a period of thirty (30) days to cure any violation by conducting
the required inspection or initiating any required remediation efforts.
If the owner of a dwelling has failed to cure the violation within thirty (30) days, the owner shall be subject to a
penalty of up to $1,000.00 per week (every seven days) until the required inspection has been conducted or the
remediation efforts have been initiated. Remediation efforts shall be considered to have initiated when the
dwelling owner has hired a lead abatement contractor or other qualified party to perform lead-hazard control
methods.
§ 13-9 FILING WITH THE STATE.
A true certified copy of this Chapter shall be filed with the State Commissioner of Health.
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.
BOROUGH OF FAIR HAVEN
ORDINANCE NO. 2023-15
AN ORDINANCE AUTHORIZING THE ACQUISITION OF A PERMANENT
PARKING ACCESS EASEMENT UPON THE PROPERTY AT 37-38 FISK STREET,
BLOCK 39, LOT 11, FROM FISK CHAPEL A.M.E. CHURCH, INC. FOR PARKING
AND ACCESS TO THE BOROUGH’S NEW POLICE DEPARTMENT/COMMUNITY
CENTER
WHEREAS, the Borough of Fair Haven (the “Borough”) is a municipal corporation of the State of New
Jersey and is authorized, pursuant to N.J.S.A. 40A:12-5, to acquire interests in real property by Ordinance for
public purposes; and
WHEREAS, Fisk Chapel A.M.E. Church, Inc. (“Grantor”) is the owner of property known as 37-38 Fisk
Street, Fair Haven, NJ 07704, and identified on the tax map of the Borough of Fair Haven as Block 39, Lot 11
(the “Grantor’s Property”); and
WHEREAS, the Borough is the owner of property known as 35 Fisk Street, Fair Haven, NJ 07704, and
identified on the tax map of the Borough of Fair Haven as Block 39, Lot 20.01 (the “Borough’s Property”); and
WHEREAS, the Borough plans to construct a new Police Department and Community Center upon the
Borough’s Property, including certain permanent parking lot improvements to be located upon the Grantor’s
Property and the Borough’s Property (the “Project”); and
WHEREAS, as part of the Project, the Borough has agreed to make certain permanent parking lot and
landscaping improvements upon Grantor’s Property; and
WHEREAS, in addition to making permanent parking lot and landscaping improvements upon Grantor’s
Property, the Borough has also agreed to pay to Grantor the amount of $20,000.00 as consideration for the
granting a permanent parking access easement upon Grantor’s Property; and
WHEREAS, the permanent parking access easement upon Grantor’s Property shall encompass and
include all permanent parking lot and landscaping improvements made by the Borough upon Grantor’s Property;
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 that:
(1) The Borough does hereby approve and accept the Deed of Permanent Parking Access Easement attached hereto
as Exhibit A; and
(2) The Mayor is hereby authorized to execute the Deed of Permanent Parking Access Easement attached hereto as
Exhibit A; and
(3) The Borough is hereby authorized to make payment in the amount of $20,000.00 to Fisk Chapel A.M.E. Church,
Inc. as additional consideration for the Deed of Permanent Parking Access Easement attached hereto as Exhibit A;
and
BE IT FURTHER ORDAINED that any ordinances or portions thereof which are inconsistent with the
provisions of this Ordinance are hereby repealed as of the effective date of this Ordinance; and
BE IT FURTHER ORDAINED that, if any provision of this Ordinance or the application of such
provision to any person or circumstance is declared invalid, such invalidity shall not affect the other provisions
or applications of this Ordinance which can be given effect, and to this end, the provisions of this Ordinance are
declared to be severable; and
BE IT FURTHER ORDAINED that this Ordinance shall take effect immediately upon its passage and
adoption according to law.
COUNCIL OF THE BOROUGH OF FAIR HAVEN
MONMOUTH COUNTY, NEW JERSEY
RESOLUTION
Motion by: Second by:
AFFIRMATIVE:
NEGATIVE:
ABSTAIN:
ABSENT:
RESOLUTION NO. 2023-235
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 Organization
2. Finance Office
3. Planning Board and Zoning Board Secretary
Acquisition of Property
1. 21 Fair Haven Road
Litigation
1. McCarter Pond Hydro Rake Project
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. 2023-236
TITLE: AUTHORIZE SPECIAL COUNCIL MEETING ON TUESDAY, OCTOBER 3, 2023 AT
4:30 PM TO HOLD POLICE PROMOTION INTERVIEWS
WHEREAS, the Mayor and Council have determined that a special meeting is required to be held in
order to conduct Police Department Promotion Interviews; and
WHEREAS, the Mayor and Council have selected Tuesday, October 3, 2023 at 4:30 p.m. as the Special
Meeting date; and
WHEREAS, the Borough Clerk will notice for and advertise the special meeting in accordance with the
requirements of the Open Public Meetings Act.
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Fair Haven,
County of Monmouth, and State of New Jersey, that the Mayor and Council shall hold a special meeting on
Tuesday, October 3, 2023 at 4:30 p.m. to conduct Police Department Promotion Interviews.
COUNCIL OF THE BOROUGH OF FAIR HAVEN
MONMOUTH COUNTY, NEW JERSEY
RESOLUTION
Motion by: Second by:
AFFIRMATIVE:
NEGATIVE:
ABSTAIN:
ABSENT:
RESOLUTION NO. 2023-237
TITLE: APPROVING A BLOCK PARTY TO BE HELD ON
FAIRWATERS LANE – OCTOBER 14TH
WHEREAS, a request was received to hold a Block Party on Fairwaters Lane on October 14, 2023
from 6 pm to 11 pm with a rain date of Sunday, October 15, 2023; and
WHEREAS, Police Chief McGovern reviewed the application and submitted his approval on
September 11, 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 Fairwaters Lane on Saturday, October 14, 2023 from
6 pm to 11 pm (rain date: Sunday, October 15th).
BE IT FURTHER RESOLVED that Permit No. BP 2023-08 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. 2023-238
TITLE: APPROVING A BLOCK PARTY TO BE HELD ON
CHURCH STREET – OCTOBER 8TH
WHEREAS, a request was received to hold a Block Party on Church Street on Sunday, October 8 2023
from 4 pm to 8 pm with a rain date of Sunday, October 15, 2023; and
WHEREAS, Police Chief McGovern reviewed the application and submitted his approval on
September 18, 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 Church Street on Sunday, October 8, 2023 from 4 pm
to 8 pm (rain date: Sunday, October 15th).
BE IT FURTHER RESOLVED that Permit No. BP 2023-09 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. 2023-239
TITLE: APPROVING A BLOCK PARTY TO BE HELD ON
SYCAMORE LANE - OCTOBER 15TH (RAIN DATE: NOVEMBER 4TH)
WHEREAS, a request was received to hold a Block Party on Sycamore Lane on Sunday, October 15,
2023 from 3 pm to 5 pm with a rain date of Saturday, November 4, 2023; and
WHEREAS, Police Chief McGovern reviewed the application and submitted his approval on
September 14, 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 Sycamore Lane on Sunday, October 15, 2023 from 36
pm to 5 pm (rain date: Saturday, November 4th).
BE IT FURTHER RESOLVED that Permit No. BP 2023-10 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. 2023-240
TITLE: APPROVING A BLOCK PARTY TO BE HELD ON
DARTMOUTH AVENUE - OCTOBER 21ST
WHEREAS, a request was received to hold a Block Party on Dartmouth Avenue on October 21, 2023
from 3 pm to 11 pm; and
WHEREAS, Police Chief McGovern reviewed the application and submitted his approval on
September 19, 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 Dartmouth Avenue on Saturday, October 21, 2023
from 3 pm to 11 pm.
BE IT FURTHER RESOLVED that Permit No. BP 2023-11 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. 2023-241
TITLE: APPROVING A BLOCK PARTY TO BE HELD ON
WILLIAM STREET - OCTOBER 7TH
WHEREAS, a request was received to hold a Block Party on William Street on Saturday, October 7,
2023 from 1 pm to 8 pm with a rain date of Sunday, October 8, 2023; and
WHEREAS, Police Chief McGovern reviewed the application and submitted his approval on
September 18, 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 William Street on Saturday, October 7, 2023 from 1
pm to 8 pm (rain date of October 8, 2023).
BE IT FURTHER RESOLVED that Permit No. BP 2023-12 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. 2023-242
TITLE: AWARD PROPOSAL FOR CONSTRUCTION ADMINISTRATION AND INSPECTION
SERVICES: POCKET PARK AND BOAT RAMP TO COLLIERS ENGINEERING AND
DESIGN
WHEREAS, there is a need for the professional services of an Engineer to assist with the Construction
Administration and Inspection Services for a Pocket Park and Boat Ramp; and
WHEREAS, the proposal dated September 7, 2023 received from Colliers Engineering & Design to
provide Construction Administration and Inspection Services states that the total costs for this work, broken
down as follows, shall not exceed a total of $21,700:
Phase Name Fee
PHASE 1.0 HELICAL ANCHOR EASEMENT MAP $ 2,400.00
PHASE 2.0 CONSTRUCTION SUPPORT SERVICES $19,000.00
REIMBURSABLES $ 300.00
TOTAL FEE $21,700.00
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 Construction
Administration and Inspection for Fair Haven’s Pocket Park and Boat Ramp at a cost not to exceed $21,700 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. 2023-243
TITLE: RESOLUTION APPOINTING AN AFFILIATE MEMBER TO THE FAIR HAVEN FIRE
DEPARTMENT - First Aid - Isabella Bulhoes
BE IT RESOLVED by the Borough Council of the Borough of Fair Haven that Isabella Bulhoes, 216
N. Fifth Avenue, #10, Long Branch, NJ 07740 having been duly accepted as an affiliate member of the Fair
Haven Volunteer Fire Co., is hereby appointed to the Fair Haven Fire Department/First Aid Squad.
COUNCIL OF THE BOROUGH OF FAIR HAVEN
MONMOUTH COUNTY, NEW JERSEY
RESOLUTION
Motion by: Second by:
AFFIRMATIVE:
NEGATIVE:
ABSTAIN:
ABSENT:
RESOLUTION NO. 2023-244
TITLE: APPOINTMENT OF FIRE PREVENTION OFFICIAL - MARTIN OWENS HAWLEY,
JR.
WHEREAS, the Borough of Fair Haven has a need for a Fire Prevention Official; and
WHEREAS, Martin Owens Hawley, Jr. has the qualifications necessary as a Fire Prevention Official.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Fair Haven
that Martin Owens Hawley, Jr. be appointed to the position of Fire Prevention Official retroactive to September
16, 2023 with his annual salary being paid by the Borough of Rumson.
BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the New Jersey
Department of Community Affairs and the Borough of Rumson for their records.
COUNCIL OF THE BOROUGH OF FAIR HAVEN
MONMOUTH COUNTY, NEW JERSEY
RESOLUTION
Motion by: Second by:
AFFIRMATIVE:
NEGATIVE:
ABSTAIN:
ABSENT:
RESOLUTION NO. 2023-245
TITLE: AMEND RESOLUTION NO. 2023-03 TO APPOINT COUNCILMAN RODRIGUEZ AS
FINANCE CHAIRMAN UNTIL YEAR END
WHEREAS, Resolution No. 2023-03 appointing the various Boards, Commissions and
Committees was adopted by the Mayor and Council at their Reorganization Meeting held on January 3, 2023;
and
WHEREAS, there is a need to amend the resolution to appoint Councilman Christopher Rodriguez as
Finance Chairperson for the remainder of 2023.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Fair Haven
that Councilman Rodriguez is hereby appointed as Finance Chairman, effective immediately, until December
31, 2023.
COUNCIL OF THE BOROUGH OF FAIR HAVEN
MONMOUTH COUNTY, NEW JERSEY
RESOLUTION
Motion by: Second by:
AFFIRMATIVE:
NEGATIVE:
ABSTAIN:
ABSENT:
RESOLUTION NO. 2023-246
TITLE: APPOINTMENT OF PART-TIME SCHOOL CROSSING GUARDS,
DONNA MAERZ, CAROLYN MCCARTHY AND JOHN JARVIS
WHEREAS, there is a need for part-time School Crossing Guards; and
WHEREAS, Chief Joseph McGovern has recommended that Donna Maerz, Carolyn McCarthy and
John Jarvis be appointed as Part Time School Crossing Guards, effective September 27, 2023 at an hourly
salary of $20.50.
BE IT RESOLVED by the Mayor and Council of the Borough of Fair Haven that Donna Maerz,
Carolyn McCarthy and John Jarvis are hereby appointed as part-time School Crossing Guards 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. 2023-247
TITLE: APPROVE AGREEMENT WITH COLUMBUS CLUB A/K/A KNIGHTS OF
COLUMBUS FOR MEETING SPACE DURING COMMUNITY CENTER
CONSTRUCTION
WHEREAS, the Borough awarded a bid for construction of a new Police Facility and
Community Center; and
WHEREAS, there is a need for meeting space while construction of the new Community
Center is taking place; and
WHEREAS, the Columbus Club a/k/a Knight of Columbus, 200 Fair Haven Road, has
offered their facility for use on Tuesday and Wednesdays, at an hourly rate of $30 from
November 1, 2023 through August 30, 2024, as per the attached agreement.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough
of Fair Haven that the attached agreement for meeting space at the Knight of Columbus is hereby
approved and the Mayor is authorized to execute said agreement.
COUNCIL OF THE BOROUGH OF FAIR HAVEN
MONMOUTH COUNTY, NEW JERSEY
RESOLUTION
Motion by: Second by:
AFFIRMATIVE:
NEGATIVE:
ABSTAIN:
ABSENT:
RESOLUTION NO. 2023-248
TITLE: AMEND BOROUGH ARCHITECT’S CONTRACT FOR ADDITIONAL
ENGINEERING SERVICES BY FRANK H. LEHR ASSOCIATES TO CONDUCT
EARTHWORK MONITORING SERVICES - NEW POLICE DEPARTMENT AND
COMMUNITY CENTER FACILITIES
WHEREAS, the Borough has an approved contract for Architectural Services with The Goldstein
Partnership; and
WHEREAS, Frank H. Lehr Associates is the Geotechnical Engineer of Record for the New Community
Center Project for The Goldstein Partnership and has provided a supplemental proposal for Earthwork
Monitoring Services; and
WHEREAS, in the State of New Jersey various Special Inspections are required in conjunction with the
construction of an essential facility such as a Police facility; and
WHEREAS, Rick Adelsohn of Frank H. Lehr Associates has provided a s proposal with a not-to-
exceed amount of $38,000, attached as Exhibit A; and
WHEREAS, The Goldstein Partnership, Borough Architect, would receive an administrative and
coordination fee in an amount not-to-exceed $3,800.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Fair Haven
that the proposal from Frank H. Lehr Associates and amendment to the Borough Architect contract be approved
for an amount not to exceed $41,800 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. 2023-250
TITLE: APPROVING A BLOCK PARTY TO BE HELD ON
JACKSON STREET – OCTOBER 14TH
WHEREAS, a request was received to hold a Block Party on Jackson Street on October 14, 2023 from
4 pm to 9 pm; and
WHEREAS, Police Chief McGovern reviewed the application and submitted his approval on
September 20, 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 Jackson Street on Saturday, October 14, 2023 from 4
pm to 9 pm.
BE IT FURTHER RESOLVED that Permit No. BP 2023-13 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. 2023-251
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 September 26, 2023 Bill List are hereby approved and the Finance Department is hereby
authorized to release payment to the various vendors.
2023 CURRENT FUND ACCOUNT $2,291,184.07
GENERAL CAPITAL $ 210,647.54
GRANT FUND $ 1,556.23
OTHER TRUST $ 2,223.75
$ 2,505,611.59
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