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Mayor and Council

Regular Meeting

Fair Haven, NJ · October 23, 2023

AgendaMinutes

Minutes

FAIR HAVEN BOROUGH COUNCIL OCTOBER 23, 2023 The meeting was called to order by Mayor Halpern at 7:00 p.m. The Flag Salute was followed by a Moment of Silent Reflection. The following Sunshine Law Statement was read: IN ACCORDANCE WITH THE PROVISIONS OF THE OPEN PUBLIC MEETINGS ACT, PUBLIC MEETINGS MAY BE HELD IN PERSON OR BY MEANS OF COMMUNICATION EQUIPMENT TO INCLUDE STREAMING SERVICES AND OTHER ONLINE MEETING PLATFORMS (NJSA 10:4-8(b)). THIS MEETING IS BEING HELD IN-PERSON AND THROUGH THE ZOOM MEETING PLATFORM, BEING BROADCAST FROM BOROUGH HALL, 748 RIVER ROAD, FAIR HAVEN, NJ. PUBLIC PARTICIPATION FOR THIS REGULAR COUNCIL MEETING OF OCTOBER 23, 2023 IS AVAILABLE BY CALL IN PHONE NUMBER OR THROUGH WEB CONFERENCE (ZOOM). MEMBERS OF THE PUBLIC WILL BE ON MUTE UNTIL IT IS TIME FOR QUESTIONS AND COMMENTS, WHICH WILL BE ANNOUNCED. AT THAT TIME, THE PUBLIC HAS THE OPPORTUNITY TO QUESTION/COMMENT BY PHONE OR THROUGH ZOOM BY THE “RAISE HAND” BUTTON AND WILL BE CALLED ON AT THE APPROPRIATE TIME. NOTICE OF THIS MEETING WAS INCLUDED IN A SCHEDULE OF MEETINGS WHICH WAS ADOPTED BY RESOLUTION NO. 2023-13 AND SENT TO THE ASBURY PARK PRESS, THE TWO RIVER TIMES, THE HUB AND THE STAR LEDGER ON JANUARY 6, 2023 POSTED ON THE BOROUGH WEBSITE, THE BULLETIN BOARD IN THE MUNICIPAL BUILDING AND HAS REMAINED CONTINUOUSLY POSTED AS REQUIRED UNDER THE STATUTE. WITH ADEQUATE NOTICE HAVING BEEN GIVEN, THE BOROUGH CLERK IS DIRECTED TO INCLUDE THIS STATEMENT IN THE MINUTES OF THIS MEETING. ROLL CALL On Roll Call the following were present: Councilmembers Cole, Hoey, Koch, LaBarbera and Rodriguez. Absent: Councilwoman Neff. Others present: Administrator Casagrande, Chief McGovern and Attorney Sobel. Chief McGovern thanked the Mayor and Council for the approval of a new police building; it was a long process. He thanked the Mayor and Council and Administrator Casagrande for moving forward with the promotion process and also thanked those who applied for promotion. He recommended that Sherri Lambert be promoted to Captain, Stephen Schneider be promoted to Lieutenant and Bill Lagrotteria be promoted to Sergeant. The Chief welcomed everyone to the meeting and acknowledged the family and friends of the officers being promoted as well as acknowledged various Chiefs and past police employees who were present. Councilwoman Neff arrived at 7:03 p.m. RESOLUTIONS 1. Resolution No. 2023-266, Appointment of Police Captain - Sherri Lambert WHEREAS, the Fair Haven Police Department staffing model allows for a Police Captain to serve the Borough; and WHEREAS, the Fair Haven Police Department currently has a vacancy in the staffing model in the position of Police Captain; and WHEREAS, Borough Ordinance 2-26.5b indicates that the Borough Council may nominate a person to the position of Police Captain; and WHEREAS, the Borough conducted the promotion process in accordance with Borough Ordinance 2-26.5b and the Borough desires to promote Sherri Lambert as Police Captain under the terms and conditions per the PBA Contract effective to November 1, 2023. NOW, THEREFORE, BE IT RESOLVED that Sherri Lambert will be promoted to the position of Police Captain according to Borough Ordinance 2-26.5b. BE IT FURTHER RESOLVED that Sherri Lambert will accept the Oath of Office for the position of Police Captain immediately. Offered for adoption by Councilmember Rodriguez, second by Councilmember Koch October 23, 2023, Page 2 Affirmative: Councilmembers Cole, Hoey, Koch, LaBarbera, Neff and Rodriguez Negative: None Abstain: None Absent: None Mayor Halpern administered the Oath of Office while Captain Lambert’s mother and best friend held the Bible. Captain Lambert said it was her mother’s birthday. Mrs. Lambert pinned the Captain’s badge on Sherri. Captain Lambert thanked Chief McGovern, her family, friends and the officers in the department for their support. 2. Resolution No. 2023-267, Appointment of Police Lieutenant - Stephen Schneider WHEREAS, the Fair Haven Police Department staffing model allows for a Police Lieutenant to serve the Borough; and WHEREAS, the Fair Haven Police Department currently has a vacancy in the staffing model in the position of Police Lieutenant; and WHEREAS, Borough Ordinance 2-26.12 indicates that the governing body may promote the most qualified candidate to the position of Police Lieutenant; and WHEREAS, the Borough conducted the promotion process in accordance with Borough Ordinance 2-26.5c and the Borough desires to promote Stephen Schneider as Police Lieutenant under the terms and conditions per the PBA Contract currently in effect. NOW, THEREFORE, BE IT RESOLVED that Stephen Schneider will be promoted to the position of Police Lieutenant according to Borough Ordinance 2-26.5c. BE IT FURTHER RESOLVED that Stephen Schneider will accept the Oath of Office for the position of Police Lieutenant immediately. BE IT FURTHER RESOLVED that this promotion takes effect November 1, 2023. Offered for adoption by Councilmember Rodriguez, second by Councilmember Koch Affirmative: Councilmembers Cole, Hoey, Koch, LaBarbera, Neff and Rodriguez Negative: None Abstain: None Absent: None Mayor Halpern administered the Oath of Office while Sergeant Schneiders’s wife, Allison, and son, Cody, held the Bible. His wife pinned the Lieutenant’s badge on him. Lieutenant Schneider thanked everyone for the great process. He said he works with the best department and thanked his wife for helping him prepare and review for the promotion process. 3. Resolution No. 2023-268, Appointment of Police Sergeant - William Lagrotteria WHEREAS, the Fair Haven Police Department staffing model calls for three Police Sergeants to serve the Borough; and WHEREAS, the Fair Haven Police Department currently has a vacancy in the staffing model in the position of Police Sergeant; and WHEREAS, Borough Ordinance 2-26.5d indicates that the Borough Council may nominate a person to the position of Police Sergeant; and WHEREAS, the Borough desires to promote William Lagrotteria as Police Sergeant under the terms and conditions per the PBA Contract effective November 1, 2023. NOW, THEREFORE, BE IT RESOLVED that William Lagrotteria will be promoted to the position of Police Sergeant according to Borough Ordinance 2-26.5d. BE IT FURTHER RESOLVED that William Lagrotteria will accept the Oath of Office for the position of Police Sergeant immediately. Offered for adoption by Councilmember Rodriguez, second by Councilmember LaBarbera Affirmative: Councilmembers Cole, Hoey, Koch, LaBarbera, Neff and Rodriguez October 23, 2023, Page 3 Negative: None Abstain: None Absent: None Mayor Halpern administered the Oath of Office while Sergeant Lagrotteria’s wife, Kim, and sons, Joey and Eddie, held the Bible. Kim pinned the Sergeant’s badge on him. Sergeant Lagrotteria thanked the Mayor and Council, the department and those who he has worked with through the years to get to this point. He looks forward to leading the department and thanked everyone for their support. A brief recess was taken while those in attendance for the promotions left the meeting. WORKSHOP SESSION Mayor Halpern asked for approval of the Fair Haven Business Association’s request to display lawn signs/banners for Shop Small Saturday (11/26) and the Holiday Stroll (12/8). Motion to approve moved by Councilmember LaBarbera, second by Councilmember Cole with Ayes by all present. Mayor Halpern asked for approval of the request to display “A Veteran Lives Here” signs at Veteran’s homes (November 4-18) Motion to approve moved by Councilmember LaBarbera, second by Councilmember Koch with Ayes by all present. There was a discussion with regard to the draft ordinance for fishing and crabbing at waterfront areas drawn up today by Attorney Sobel. This ordinance could be introduced at the November 13th meeting. Mayor Halpern asked if there should be a limit to the crab traps and fishing rods; Attorney Sobel said that he could not find any other municipalities that had an ordinance with limitations for traps and fishing rods. The Mayor asked if it can be done legally, if so, we should include it. The Mayor asked those in attendance who live in the area to reach out with any information or suggestions they may have, including what is not restrictive enough or too restrictive. Councilman LaBarbera asked about the area not being cleaned up; it would be considered littering and would be a disorderly person offense. Councilwoman Cole said there is a potential health, welfare and safety issue if the bait used is not cleaned up (contamination) so the ordinance should include public health and welfare. Attorney Sobel asked if chicken as bait should be included. With regard to the hours, the ordinance should be specific from an enforcement standpoint so the hours of 8 a.m. to 9 p.m. were added to the proposed ordinance. Administrator Casagrande said that there should not be crabbing or fishing during Borough special events. The violations and penalty amounts were increased by Attorney Sobel ($250 initial offense and any subsequent offense, $500-$750). PUBLIC COMMENT ON AGENDA ITEMS The meeting was opened to the public for comments or questions at 7:24 p.m. Bill Perkins, Hance Road, commented on the proposed draft ordinance for fishing and crabbing. His sons crabbed all summer at the dock when they were younger and sold the crabs at the end of the day at the corner of River and Fair Haven Roads. Fishing and crabbing is based on tides not times. To allow fishing until 9:00 p.m. at night in the winter, is late. It should be the same hours as the other parks have. He suggested the public check their phone for sunrise and sunset and not set specific hours in the ordinance. Council should encourage activity, not discourage it. Mayor Halpern said that whatever we set here, needs to align with the police department for enforcement. The ordinance is a starting point and can be amended; it is a fluid document. We have to strike the right balance. Melissa Newell, Fairwater Lane, lives near the dock and said in the ten years she has lived there, it has never been an issue with the town residents. Since COVID, there has been a drastic change in the people who use the dock. There are out of town and state residents who come to the dock at all hours of the night and some have brought mattresses to the dock. There are random people at the dock overnight or there until 2:00 or 3 a.m. Door dash delivers there, people are urinating in bottles and many come for the day (8 hours or more at a time). The size limit rules for what is being caught are not being followed. There are actual You Tube videos of the dock and adults cooking pork roll, egg and cheese sandwiches for breakfast on a small propane stove. She said whatever the Mayor and Council can do to help is appreciated. There is a lot of raw chicken left behind and people and animals will get sick. Non-residents should have to register with Borough Hall to obtain a license. Mayor Halpern advised that the governing body has discussed the permit situation and are still considering. Everyone would need to obtain a license, not just non-residents. Sedim Al-Araji, Fair Haven Road, said he takes his dog for a walk to the dock and faces a lot of obstacles with the nets and the length the poles (some are 10-12 feet long). People line the dock doing the same activity or they leave poles and nets on the dock when not using them. There is a language barrier sometimes so it is difficult to communicate with them. There are many times October 23, 2023, Page 4 residents and/or the public cannot access the dock due to the amount of people and gear. Peter Gotch, Fair Haven Road, echoed what the residents have said. He advised that there have been confrontations at the dock. There are many crabbers and fishermen from out of state that line the side of the dock sitting or lying on mattresses, they bring coolers, leave chicken bones. One person told him he could not enter the dock with his dog because they felt the dog was dangerous. The police department cannot enforce much with mattresses and overnight sleeping because there are no set hours. It was also asked if the Borough can address the e-scooters and bikes that kids ride without helmets to the dock. Mr. Gotch asked about the Borough issuing parking passes. Mayor Halpern advised the Borough will look into the parking issue. Attorney Sobel said that the dock is Green Acres property so we cannot stop access to the area. An ordinance should help with specific times for use and it addresses open flames, alcohol, etc. Mr. Gotch asked for extra patrolling and placing a gate across the dock when it is closed. An ordinance will allow the police department to do their job and enforce the regulations, with penalties. The Mayor explained the reason for the ordinance. Councilman LaBarbera stated Chief McGovern just sent out a communication with rules and regulations regarding e-bikes and scooters through the Borough’s social media. Brent Burdick, Fair Haven Road, said a port-o-potty at the dock entrance encourages people to stay there and he requested that it be removed. The garbage cans need to be emptied more often. Having no parking at the end of the street would help the residents, significantly. He did not agree with placing a gate the dock. Better enforcement is more appropriate. Coolers should also be banned on the dock. He asked that the governing body make the ordinance short and clear for the police to be able to enforce. Richard Purcell, Fair Haven Road, said that the residents of Fair Haven Road deal with constant vehicle traffic on the street with the businesses and the dock. He asked what the Mayor and Council are going to do about the parking and cars because the street cannot handle any more traffic. Currently, it is impossible to go down the street. Mr. Purcell said he would love a park at the end of the street, but to make it a recreation area with buildings and water parks with equipment is not good. Mayor Halpern referred to DeNormandie Park which has not had any traffic increase. He noted people are attracted to crabbing and fishing from the dock which is why we need to tighten up the regulations to help so there is not be an increased amount of traffic. The governing body will have to consider the needs of the community with the purchase of 21 Fair Haven Road and will be open to public feedback before doing anything. We will host open houses for discussion like we did for the Police Department/Community Center and DPW building. The Borough is not trying to make it hard for the residents, we are trying to make it better. Mr. Al-Araji, said when the Borough buys land, they are supposed to know what will be done with the land which is important and needs to consider how it will affect the residents; he asked what will happen to the resident land values. Proceeding without understanding what is going to be done with the land opens us to a lot of possibilities. There needs to be a specific set of things to be done with it before going through with the purchase. The Borough should ask the residents for their input on what should be done with the land. Attorney Sobel explained the ordinance process. The ordinance listed on the agenda is to allow the purchase the property; tonight, will be an ordinance introduction and if introduced, there will be a hearing and adoption held at the next Council meeting (November 13th). Mayor Halpern advised the property is going to be a park. Mr. Al-Araji asked who says it is going to be a park and where is it written? The governing body has discussed for the past few years that the property, if purchased, is going to be a park. The Mayor said that the property is being purchased with the plan to make it a park and asked what the public thinks the land is being purchased for. He gave a Sickles School building analysis when they wanted to build an addition stating that they did not design the addition and then acquire the property; it is not the order for how it is done. The example of the acquisition of the Fair Haven Fields property was given where the purchase took place first and then the governing body figured it out what they wanted to have there; the fields, tennis court and concession stand were then built over time. The example of Oceanport and Eatontown acquiring Fort Monmouth and then holding discussions with Netflix, the Fort Athletic Club and other developers, etc.; the specifics were figured out “after the fact.” The Mayor could not advise the public of what steps A-Z are right now, however, Step A would be to acquire a piece of property with a value of $1.8 million that is going to benefit 6,000 residents with land adjacent to our dock. Anything that is done will happen in a thoughtful way and another Council can make decisions in the future. We are not building a water park. Attorney Sobel explained that the Borough is receiving financing through grants toward the purchase so what gets tied in is how the property is used. Since there are Green Acres funds, the property has to be used for that purpose. Administrator Casagrande advised that the land will have to remain as open space as parkland or a living shoreline with a passive park. The County and State of NJ will require a deed of open space easement. Mr. Al-Araji said the October 23, 2023, Page 5 neighborhood does not want a spray park or the property to be a recreational space. Mayor Halpern advised that Superstorm Sandy had destroyed the property at 21 Fair Haven Road and the home is dilapidated and asked why the Borough would put infrastructure with plumbing in a place that had this type of damage. The land is going to be a park. Councilwoman Cole explained the resolutions adopted by Council on October 10th were tied to the Monmouth County Open Space and Green Acres grants and limits the use of the land to conservation or recreation. She shared Mr. Al-Araji’s concern that it leaves a little of the unknown. Mr. Al-Araji reiterated that he does not want a recreational space. Mayor Halpern explained that one thing to consider is the Borough’s Master Plan which clearly spells out the needs and wants from the residents; he read from the survey results and the Planning Board’s recommendations. There is clear direction from a Master Plan standpoint. Councilwoman Neff asked where the Borough has done any excessive recreation on publicly owned land near the water at the end of Grange Avenue or Hance Road. The Borough has a barely used boat ramp (the River Rats property is private) and DeNormandie Avenue Park has benches. Prior Councils have not chosen to do any crazy recreation project on any public lands near the water. The Council spoke with the community when planning for the Police Department and DPW; plans were scratched and we came up with a new plan based on resident comments. Councilwoman Neff said land purchases are opportunistic and are not always planned for. There needs to be public trust that the governing body now and in the future will work with the community because we would want something to beautify the area and serve 6,000 residents. Melissa Schlisman, Fair Haven Road, said residents don’t have trust because no one was aware of the purchase of the land until tonight. She asked how residents can be sure that nothing spirals; no one is sure if it will be passive, a spray park and/or basketball courts will be installed, etc. Councilman Rodriguez asked who wanted a spray park installed to raise their hand. The governing body never discussed or entertained the idea of spray parks for the area. Mrs. Schlisman asked where resident safety comes into play and about parking for those who come to use the park. Mayor Halpern said it is a similar piece of land as DeNormandie Park only Fair Haven Road has the dock. Councilman LaBarbera said when the Council decided on the facility projects this year (to build a new Police Department, Community Center and DPW, we started with community engagement and holding open houses for the public to come, look and provide input. The Borough provided full transparency. The Facilities Committee individually met with the resident of the surrounding three streets to the DPW before holding an open house and hired a planner to assist with the plan; the governing body understands transparency and public trust. He used the experience of this year’s governing body over the past 10 months with extensive community engagement and “white glove service” for the facilities projects. The plan is to follow the same procedures for this property. Peter Gotch, Fair Haven Road, said the last public notice was in August 2021 for the Open Space hearing and that was the last residents heard of it. Councilman LaBarbera advised that the statement was untrue because the Borough noticed in October 2022 when it acted on an ordinance to secure the funds ($1.8 million) to purchase the property; there was discussion, ordinance introduction and then hearing and adoption. The ordinance on this evening’s agenda is to acquire the property, not allocate funds as that was already done in 2022. Mr. Gotch said no one in the room was aware of the 2022 ordinance, even if it was published. He and his wife, Beth, only knew about this when they attended the October 10th Council Meeting and felt all of this was happening very quickly. The Mayor and Council adopted executive session resolutions that reflected discussion on the property. Attorney Sobel advised as Borough Attorney for the past three years, every notice has been approved and proper notification provided to the community, the topic has been listed on every agenda and this is the most amount of people to attend a meeting. Mr. Gotch stated that not everyone reads through the entire agenda. Mayor Halpern said letters have been included with every tax bill mailed out and in every FOCUS newsletter. Beth Goodes, Fair Haven Road, said that she went through every agenda for 2023 and 21 Fair Haven Road was not listed at all, except October 10th with a few references to Monmouth County Open Space. There was no communication and no one understood that this process was moving forward (there has not been a public notice, this year, stating this was taking place). Councilman LaBarbera asked that the public put aside the perception that communications weren’t received or people weren’t reading information. He stated 21 Fair Haven Road had public discussion about a grant application for the property in 2021and there had to have been a conversation in 2022 for the ordinance to come into play. He stated when this topic came up, he had a conversation with Mr. Gotch and Ms. Goodes keeping them apprised of the executive session discussions. There were three possible scenarios discussed in executive session; not purchasing the land, partial land division or purchasing the property. It seems there are two different concerns; the perception that communication was not done in some type of threshold (the speed) and the other is the public being involved in what the property would be used for and the process of the design. October 23, 2023, Page 6 Jerry Rice, Fairwaters Lane, advised that he lives closest to the dock and has lived here for 86 years. The last time he paid his taxes he asked what was going on at 21 Fair Haven Road and the response he received was nothing. He said he was told someone would call him and bring him up to date. He called Mayor Halpern and never received a return call. The Mayor advised he never received a call or message. Mr. Rice said he cleans the dock and surrounding area all of the time because no one else does, including the Borough, except for trash collection. There is noise at the dock starting at 4:00 a.m. with people parking on the street and staying there all day with their coolers. The dock is more user-friendly by having a port-o-potty and a water sprinkler which draws people to the dock for the entire day. Alcohol is brought there for consumption, trash left on the streets and thrown out car windows. Mr. Rice advised that he is opposed to the purchase; there is a parking issue now and emergency services could not access the area because the street is lined with cars and the Borough has been dishonest about this entire matter. He asked where the money to purchase the property is coming from. Taxes go up every quarter making it too expensive to live here. The Borough has a history of buying parcels of land to make it a park. No one uses the DeNormandie Avenue Park and he felt the Borough wasted money by taking a valuable piece of property off of the tax rolls increasing cost to insure and maintain it. Mayor Halpern thanked Mr. Rice for his comments and disagreed he does not return phone calls; he was answering messages and calls all weekend with regard to this topic. Mr. Rice was advised to reach out anytime he has a question or concern. The statement made that the Borough will spend all sorts of money on purchases is unfair. About a year ago the Borough was looking to spend approximately $30 million on Borough facilities and the only resident who attended the meetings and participated was Bill Perkins. The Borough is saving close to $10 million for these projects; the Borough is being fiscally prudent and responsible. Administrator Casagrande provided a breakdown of the purchase price. Administrator Casagrande advised that the purchase price is $1,790,000 with a $447,500 Green Acres Grant plus $52,500 in soft costs (total of $500,000), and $,006,875 million from the County (75% of the purchase price after the Green Acres funding); the Borough’s portion of the $1.7 million is $335,625. Mr. Gotch asked if there is a compelling reason for this matter to be voted on this evening. The public had no warning about the Borough moving forward. Administrator Casagrande provided the timeline/checklist of dates and documents required to secure the grants. The reason is to thoughtfully design the property with grant funding for the least impact. Mr. Gotch stated the MCOS grant is an open invitation for what can go on that property such as a spray park or skate park, etc. for the public to use. Mayor Halpern reiterated the lot flooded during Super Storm Sandy because it is a low-lying property and asked why the Borough would place restrooms or a building there. Brent Burdick’s comment about not providing bathrooms at the dock resonated with him. Mr. Gotch asked if the Council would adopt another ordinance in conjunction with the process to buy it that has restrictions for what can be there or would it override the grant from the County. Caryn McCann, Fair Haven Road, said residents are seriously concerned about this and read a statement. There are no development costs for the property acquisition which means there is an uncapped budget. There needs to be a realistic budget. Buying now and planning later does not work for the residents in the area. Any plan would have to go to the Planning Board and Historic Preservation Commission. There are two issues; we need a price to demo the building and the NJDEP wants and needs. Residents would support a passive situation and open space, but don’t want to attract more of a problem. This is a low-lying property with serious issues. Good planning binds future governing bodies to what is to be done. Councilwoman Neff advised tonight’s ordinance is the step to secure the purchase of the property before we can get to the next step. There will be multiple planning steps where the public will be involved (part of the grant covers soft costs). Councilwoman Cole advised that conservation and recreation are different terms. The Borough’s heart is in the right place. We can know the costs to stabilize the shoreline and solve current existing problems. There is a management issue (securing the shoreline) to be dealt with and it is reasonable to know what the costs are. The resolutions adopted on October 10th requires us to do certain things (site analysis, policy changes, insuring the property). She is an advocate for planning and design and the Borough should have costs for these things before the next meeting to stabilize a vacant site. Ms. McCann advised there is an obligation that this property stays passive and that it satisfies the Master Plan. There is a reason for only two benches at the end of Grange and Hance. She does not want to be taxed to devaluate her property. Residents in the area would like the strength of a law supporting what the property can and cannot be. There needs to be clear intent for the November 13th Council Meeting. As part of the due diligence, what the Borough does is tied to the grant. Soft cost were discussed with the Borough’s engineers. Administrator Casagrande read the costs and what they would be for: $5,000 legal, $5,000 for Title Work, $5,000 Phase I environmental work, pre-demolition environmental, demolish the building and bulkhead and other costs. With all of the costs mentioned, the amount of $97,381 is available for soft costs. The living shoreline can be funded by the County with an additional Open Space grant. A public hearing would need to be held before applying for another grant. We are waiting for the survey to come back; a portion of the property will be in the mean high tide line which October 23, 2023, Page 7 will be a living shoreline. Ms. McCann advised residents do not want anything there, but benches. Kristen Murphy, Fair Haven Road, agreed with Ms. McCann’s comments. It is important that the Mayor and Council understand what this means to the town, fiscally, with costs beyond the purchase through grants. There will be more costs incurred once the house is demolished including insuring the property. Once Borough owned, it must be made safe, at minimum. She stated that no research has been done and the Borough is looking to buy the property and hoping for the best. It was noted that $1+ million from the County for the land is a lot of money for open space and Green Acres and it was asked what type of restrictions or say does the County have for the land. Mayor Halpern advised that the grant money is our money, through taxes; the County is giving back what we have paid out of pocket. The plan is to maintain the land as open space per the Deed of Open Space agreement; any property we have through Green Acres and Monmouth County Open Space has one. The Mayor sent Mr. Gotch what is required for a Green Acres grant and offered to send it to whoever is interested. Ms. Murphy agreed that the grant money is money coming back to the Borough and asked if the money is only available to use for purchasing this property and not to enhance other waterfront properties. The grant money is only allotted for this property purchase. Councilwoman Hoey advised there are grants we could apply for to fix what we own. We have a Grant Committee this year to investigate and secure grants on behalf of the Borough of Fair Haven. We recognize our other waterfront property issues. The Finance Committee reviews expenses continuously and the Council always discusses funds and what is worth moving forward with. Councilman Rodriguez advised that he also spoke with Mr. Gotch about this land purchase. It was asked if there would be additional lawn mowers or DPW employees to maintain the property if it is passive with a living shoreline. The Borough will have an increase for maintenance which will be the same as what is done at DeNormandie Avenue Park. A request was made for some things to be placed in writing, for the public, stating that there will be no splash park. Examples of what is planned for the property are needed. Residents want a five-year budget plan and transparency from the Borough. Attorney Sobel advised the Borough does not own the property so we cannot contemplate any sort of development for it. We need to introduce and adopt the ordinance (Step 1) which will allow us to move forward. Hillary Mullen, DeNormadie Avenue, stated that her street is the recipient of the park which has been fabulous and notably different than Fair Haven Road. It is a passive park with Fair Haven families coming down for breakfast, photos, lacrosse. If the Borough is acquiring the property, it should mirror what was done for DeNormandie Park. Pat Drummond, Fair Haven Road, who has lived in the same house for 39 years and seen changes said a problem would be anything but grass and benches. Speeding occurs from River Road to the dock. Fair Haven Road families have multiple cars and some park on the street plus all of the traffic makes it difficult to back out of the driveway. She is concerned for herself and her neighbors. Rachel Steller, Haggers Lane, asked Council to listen to the residents. It is important to have guidelines for what will not be done at the park. She agreed with all said this evening. The sidewalks on Fair Haven Road need to be addressed. She was advised that Fair Haven Road sidewalks are part of the microprojects taking place in the beginning of November. Susan Sorensen, Clay Street, was adamantly against the DeNormandie Avenue property purchase and stated she was wrong and uses the park a lot. Because of the traffic and speeding, etc. DeNormandie Avenue and Clay Street now has a four-way stop, which has helped. She suggested a stop sign at Fair Haven Road and Clay Street to help with any traffic and speeding issues as well as not allow for parking on both sides of Fair Haven Road from Clay Street to the water. Melissa Newell advised there is no parking from Riverlawn Drive to Fairwater Lane on one side of the street because emergency vehicles could not access properties near the dock with parking on both sides. It is something the Borough wants to solve, which means no parking is for the public and residents. The Borough can address the street issues immediately. Mrs. Sorensen reiterated that she loves DeNormandie Park, however concessions were made by both the residents and the Borough. Ruth Blaser, River Road, said this purchase was sprung on residents as most were told nothing was happening. She understood the Borough could not disclose anything so as to not prejudice the purchase. She advised the property was listed for $2 million and then the Borough inquired and negotiated. A passive park on DeNormandie meant no one could play baseball or basketball or hold other recreational activities. There is a lot of traffic for streets that were formulated in the early 1900s. The Borough needs to care for what we already have. She agreed the Fair Haven Road property should be a passive park. If people are paying $1.5 million for a cape style house, someone would buy the property for over $2 million; waterfront property is prime and selling. Councilwoman Cole stated the notion of acquiring 21 Fair Haven Road needs to be done very, very carefully like “threading a needle” to create a lovely destination without impacting the quality of life for the residents in the area. She asked residents if there was a rule to walk or bike ride to the park with no car use, would there be a sense of alarm or concern. Melissa Newell noted the Borough would be October 23, 2023, Page 8 giving the public 200’ of water access to sit all day long. The camps that are held there are not a problem, it is those that do not respect the Borough’s property. Councilwoman Cole said the grant funds allow for public access so the Borough would need to set levers to manage it. Kristen Murphy advised the Borough would be attracting more people to come before solving the problems that are currently happening such as an unsafe area. Mayor Halpern said the governing body understands the resident’s concerns and he has had side conversations with many residents currently in the room regarding the dock and exchanged pictures; this matter has been discussed for months. There is a proposed ordinance to address issues regarding fishing and crabbing discussed during Workshop that we hope to list for introduction at the next meeting. There are layers to address the concerns brought to Council which will be handled in phases. The Borough is committed to restrictive measures which ties into the purchase of 21 Fair Haven Road. Rich Raphael, Fair Haven Road, said the new property would be public and compounds a problem. He asked if the Borough could adopt a resolution of intent with the understanding that it is not binding. The traffic on Fair Haven Road is scary and someone can be injured by attracting more people. It was asked if there could be a stop sign or speed bump installed. The Council understands what the residents are looking for. The Mayor advised that he does not like to enact something that is not binding. Councilwoman Cole felt the governing body could commit, if appropriate, to identifying and framing the ideas to honor the neighborhood and serveing the community, which is necessary. Peter Gotch said there seems to be a reluctance to the property being a passive park. DeNormandie Park is passive with no bathrooms and the residents are requesting the same for 21 Fair Haven Road. He asked for the Mayor and Council to commit to what is at DeNormandie Avenue Park. Mayor Halpern said there is a balance to be struck and the ordinance on the agenda is just for acquiring the property. Councilman LaBarbera advised the Borough held two open houses for the public regarding facilities and there were changes made based on feedback given. In planning for the property, the public will be approached, especially the neighborhood, for input/feedback. Councilwoman Neff said the Borough is looking to take advantage of the grants secured and will be fiscally responsible. We have shown we can be thoughtful for our taxpayers; we need to represent all 6,000 residents. Planning will be fully done with the assistance of residents. Beth Goode, Fair Haven Road, said the first time the community was notified about a possible grant in 2021 with a public hearing for a passive park. This matter has been dormant for two years so no one knew it went from passive to active and she could not understand how the governing body could vote on the ordinance tonight. She gave the pros and cons of the purchase. Ms. Goode’s property is adjacent to the property so she will be most affected. Sedim Al-Araji, Fair Haven Road, confirmed that the governing body was prepared to vote tonight on the ordinance introduction; yes. Administrator Casagrande explained the process for due diligence that needs to be done with regard to the environmental processes required. He confirmed the Borough is going forward without an explanation of what the park will be. He was advised because of the grant funding, it has to be a park and we are introducing the ordinance which is what our Master Plan encourages and what benefits 6,000 residents. Councilwoman Cole said she does not want to compromise the quality of life of any residents and would like to begin the planning work now which is the intent of the governing body. Councilman Rodriguez advised the Council will vote to introduce the ordinance which will have a hearing at the next meeting. We heard a lot of requests for limiting and prohibiting uses as well as costs. We are putting mechanics in place and the Ordinance is the first step in the journey. He doesn’t want a spray park and those who will be on Council will make great decisions with public input and ideas. These things take time and we are guided by certain steps as well as the Master Plan. Mrs. Drummond advised she did not know about this matter being up for action and asked why the governing body cannot wait another few weeks to move forward once it has more information. Councilman Rodriguez responded that is not new. Councilman Peters presented this prospect five years ago and it has been discussed since then; we are now formally moving forward. Kate Laufer Gorenstein, Fair Haven Road, had questions and said it seems like there needs to be someone who owns the project. That person has not been selected yet; it will be a Mayor’s appointment. It was asked if there was a traffic study or will there be one. If appropriate, yes, it would be a step the Council would need to take. She said there will be an impact on the street. The Mayor does not want to put anything in writing until all of the studies are done and there is a true understanding of what a passive park is or what can be put in place. Mrs. Gorenstein noted residents want a compassionate governing body who cares about the town and preserving its historic lands and it appears that we have that. Mrs. Stellar asked if the property were not bought by the Borough, could someone purchase and build on it? Yes. Brian Olson, Fair Haven Road, said he walked Fair Haven Road and received feedback this weekend and asked Attorney Sobel if the Borough could designate the property as wetlands? There will October 23, 2023, Page 9 be the restrictions in a deed easement which lays out the law of what can be built there. The NJDEP can identify it as wetlands; the Borough cannot. There are things in place based on the funding to be received showing what is allowed on the property. There could be environmental restrictions because the land is surrounded by water. The Borough will comply with all State and local laws. Ms. McCann asked if the Borough’s Engineers opined on what could be built to avoid a variance. Administrator Casagrande said the Borough has looked at markings of mean high tide water; there is open space on the lot. She asked Attorney Sobel what would not trigger a variance. Councilman LaBarbera said it is an R15 or R20 and the limitations are listed in the Borough’s Land Use code and Schedule C. Ms. McCann asked what would it look like if the Borough did not purchase it, how relevant is the acquisition and what is the available use of it? The Council feels it is in the best interest of the Borough of Fair Haven to purchase it. She keeps hearing the property is of great value and it is a “no brainer” but would like to see a plan and hear the costs involved. She was advised that it provides additional waterfront access for the residents. Mr. Rice asked who paid for the surveyors; the Borough did as part of the grant requirements and doing its due diligence. It is important to have a survey to help determine if we should buy the property and it is needed as part of the grant requirements. Mrs. Murphy acknowledged that the Mayor has said multiple times it is a good deal and we are getting the property at the right price, but there is no plan. She asked how it is beneficial and how it can be good for the Borough. Mayor Halpern reviewed his comments and thoughts provided this evening. The governing body is here to represent everyone and feels that everyone should be part of the process. Councilwoman Cole read from the approved Green Acres agreement. The money will be used for preliminary planning. Melissa Schlisman, Fair Haven Road, confirmed if Council moves forward with the ordinance and purchase of property, we will then own the property and asked is there any ordinance or rule set for the planning of what can be done to property. Councilwoman Cole explained the planning and design process which would have a community engagement for traffic and circulation, environmental, etc. and would be open to anyone who would like to participate. It will be broken out in pieces and the community can attend what they are interested in. Neighborhood issues with businesses and parking has been noted. No one knows the neighborhood like the residents who live there and we will reach out and explore ideas and concerns. There will be a planning phase and then a design phase to address the technical issues, etc. Councilman LaBarbera advised that that the Police Department/Community Center plan changed three times and DPW changed five times just from public discussions and input at the open houses. Cambridge Avenue was having some issues with parking and speeding on their street and the Council came up with an ordinance to help relieve their concerns and it has improved the situation. Heather Kaimin, Fairwaters Lane, asked if there was deadline that there is a rush on this. She acknowledged the governing body has been discussing this, but it is new to the public. Administrator Casagrande advised the funding received in 2021 is tied to a deadline and Green Acres gave us until October 15th to approve the grant agreement which is why we acted on the resolutions at the last Council meeting. There being no further comments or questions, the meeting was closed to the public at 9:50 p.m. APPROVAL OF MINUTES Councilmember LaBarbera made a motion to approve the Executive Session Meeting minutes of October 3, 2023, second by Councilmember Rodriguez Affirmative: Councilmembers Cole, Hoey, Koch and LaBarbera Negative: None Abstain: Councilmember Neff and Rodriguez Absent: None Councilmember LaBarbera made a motion to approve the Executive Session minutes of October 10, 2023, second by Councilmember Rodriguez Affirmative: Councilmembers Cole, Hoey, LaBarbera, Neff and Rodriguez Negative: None Abstain: Councilmember Koch Absent: None OLD BUSINESS HEARING AND ADOPTION OF ORDINANCES 1. Ordinance No. 2023-17, Bond Ordinance for Capital Improvements: Facilities and Road Improvements October 23, 2023, Page 10 BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS, APPROPRIATING $6,750,650 THEREFOR AND AUTHORIZING THE ISSUANCE OF $5,773,117.50 BONDS AND NOTES TO FINANCE A PORTION OF THE COSTS THEREOF, AUTHORIZED IN AND BY THE BOROUGH OF FAIR HAVEN, IN THE COUNTY OF MONMOUTH, NEW JERSEY On motion of Councilmember LaBarbera, second by Councilmember Rodriguez with Ayes by all present, Mayor Halpern opened the meeting for comments or questions at 9:51 p.m. Councilman LaBarbera explained the ordinance. The Borough is also waiting on federal monies from a $1 million grant to help offset costs. The Borough has also secured $1 million in NJDOT grant funding to make road improvements on Fair Haven Road from River Road to Ridge Road. We still need to bond for the money. Brian Olson asked if the Borough negotiates for bonds. He was advised bonds or notes will be issued by our Financial Advisor, when it is time to sell. Claudia Brady, Fair Haven Road, asked for dollar amounts to be in the bond ordinance that include rumble paint to control the speed on Fair Haven Road between Ridge Road and Buttonwood Drive; safety measures need to be built into the plan. There being no further comments or questions, the Hearing was closed to the public at 9:55 p.m. on motion of Councilmember LaBarbera, second by Councilmember Rodriguez 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 NEW BUSINESS Council Committee Reports Finance - Councilman Rodriguez advised a date has not been set for a November Finance Committee meeting. Police, Fire & OEM - Councilman Rodriguez noted the promotions that were made this evening for the Police Department; it is a great day for the Borough and promoted officers. Personnel - Councilwoman Hoey echoed Councilman Rodriguez’s comments on the promotions. She stated that everyone who went through the process was exceptional and that Fair Haven has a fantastic police force. We are entering into an ILSA with Little Silver Library for a Library Director effective November 1st. An advertisement for DPW Laborer has been posted to fill a vacancy. Parks and Recreation - Councilwoman Hoey advised the Camp Out event has been rescheduled. The Halloween Parade was held yesterday. There will be a bike safety program at the end of fall and next spring for parents and children. There have been discussions regarding the start of a Farmers Market. Planning Board - Councilwoman Koch advised the Planning Board meeting for October was cancelled; the next meeting will be held on November 15th. She welcomed Sheilah Olson who was hired as Planning Board Secretary. The Borough has approved the “Honk for a Veteran” sign and signs can be ordered if residents who are veterans do not have one. This has been posted on the Borough’s social media platforms. Engineering and DPW - Councilman LaBarbera said the brush and leaf plan has been presented. The proposed totals for streetlight replacement came in high so we are going to have to address the work through a bid specification. With regard to stormwater management, there was a meeting with the County and with a developer last week and we are headed in the right direction. McCarter Pond work will be discussed in executive session and we hope to report on the matter at the November 13th Council Meeting. Borough Facilities - Councilman LaBarbera advised of the hashtag #InItTogetherFH for the projects. Demolition has begun at the Police location and there are temporary bathrooms in place. There was a ceremony held at Fisk Chapel on October 15th to commemorate the long-term agreement between the Borough and the church. A bid addendum for the DPW Renovation Project was issued on October 20th; bids will be received on November 1st. The first auction was held and we did well; we should net $41,000. There is a capital purchase resolution on tonight’s agenda for the purchase of trailers for DPW equipment. October 23, 2023, Page 11 Zoning Board of Adjustment - Councilman LaBarbera advised they have their next meeting on November 2nd and the proposed Riparian Zone ordinance will be presented and discussed; it was reviewed by Assistant Engineer Poruchynsky. There will also be a drainage discussion and dry wells for renovated homes for a future ordinance. Borough Communications and Community Outreach - Councilwoman Cole advised there is a Communications meeting being held this week. She encouraged all to scan the QR Code to join the Borough’s Social Media Platforms. The Environmental Commission is working on their annual report and focusing on goals for 2024, however, the Mayor and Council’s direction is needed. The Green Team is hosting a Sport Swap on November 17th. Shade Tree received a $15,000 grant for a tree inventory; a Chapter 159 resolution will be listed on the November 13th meeting agenda. The Grant Committee received a grant opportunity from FEMA and a template was prepared with a summary for the grant. It is the draft recommended by the Grant Committee for the Council’s review. The application should be handled through the DPW and Engineering Committee along with Engineer Gardella; we can receive up to $900,000. There is a local level drainage program to reduce flooding with nature-based solutions. We do not participate in the NJFP program which may disqualify us. It was requested there be a technical review. The Historic Society is looking for a grant; an update will be given in the future. The Fair Haven Business Association is holding Shop Small Saturday on November 25th and December 8th will be the Holiday Stroll INTRODUCTION OF ORDINANCES 1. Ordinance No. 2023-18, Authorize the Acquisition of Real Property for Public Purposes: 21 Fair Haven Road The Council gave their input on the property, what they agree with and what should be done. Councilman LaBarbera was fully in support of this acquisition. Councilwoman Neff felt less is more and the Borough should be as restrictive as possible with the dock (number of fishing poles, cooler sizes, hours, etc.). Councilwoman Koch is still opposed to this purchase especially after the comments and true concerns from the residents; there are factors to consider. We need to preserve the quality of life for the residents. Councilman Rodriguez thanked the public for their feedback, comments, questions and passion to come out because it helps guide the Borough. He appreciated what the Mayor and Councilman LaBarbera have done to secure the grant dollars; it was a lot of hard work. This process started with Councilman Peters many years ago. The Borough works hard to get our tax dollars back through grants for roads, parks, recreation, etc. He envisions a partnership with the entire community. A future Mayor and Council will make sound decisions based on feedback for this property. He supports this property purchase and the governing body will find the right path forward with the talent that sits on the dais. Councilwoman Cole stated all will picture a different park which is a slight problem and she felt that prior to acquiring the property, there should be a stress test which may identify obstacles to be looked at clinically; the analysis should inform the decision. About 2/3 of Fair Haven’s acreage is a ratable, 1/3 is not a ratable (churches, open space, ponds, creeks, etc.). All infrastructure needs maintenance, and we need to care for what we already have; we are taking these steps. Hard costs are not known and neither are soft costs. We need to plan and design thoughtfully which will cost money (more than understood). She was against the purchase. Mayor Halpern said these types of properties enhance our way of living and are purchased at a price point. AN ORDINANCE OF THE COUNCIL OF THE BOROUGH OF FAIR HAVEN IN THE COUNTY OF MONMOUTH AUTHORIZING THE ACQUISITION OF REAL PROPERTY FOR PUBLIC PURPOSES WHEREAS, the Borough of Fair Haven desires to obtain title to certain real property located at 21 Fair Haven Road, designated as Lot 1, Block 47 on the Borough of Fair Haven Tax Map (the “Property”); and WHEREAS, the Property is presently owned by the Estate of Joseph Spagnuolo (hereinafter the “Seller”); and WHEREAS, pursuant to the Local Land and Building Law, N.J.S.A. 40A:1201, et seq., the Borough has power and authority to acquire real property; and WHEREAS, the pursuant to N.J.S.A. 40A:12-5, the Borough has the power to acquire any real property for a public purpose through a negotiated agreement process; and October 23, 2023, Page 12 WHEREAS, the Seller has expressed the desire to conveying the subject Property to the Borough; and WHEREAS, the Borough, through its council, have determined that it is advantageous for the Borough to acquire the subject Property and that the subject Property is needed for public purposes; and WHEREAS, the Borough and Seller negotiated a purchase price in the amount of $1,790,000.00 (one million seven hundred ninety thousand dollars and zero cents); and, WHEREAS, the Borough previously received approximately $1,454,375.00 (one million four hundred fifty-four thousand three hundred seventy-five dollars and zero cents) in grant funds to be utilized towards the Borough’s acquisition of the subject Property for public purposes; and, NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Fair Haven, in the County of Monmouth, in the State of New Jersey, as follows: 1. The Borough is hereby authorized to acquire, through the voluntary acquisition by negotiated agreement, the Property located at 21 Fair Haven Road, designated as Lot 1, Block 47 on the Borough of Fair Haven Tax Map for the purchase price of $1,790,000.00 (one million seven hundred ninety thousand dollars and zero cents); and, 2. The Borough Attorney and Business Administrator are hereby authorized to take any and all actions necessary to effectuate the purpose of this Ordinance and to acquire the subject Property through negotiation; and, 3. The Mayor and/or the Borough Clerk are hereby authorized to sign and witness, respectively, any contract for sale or other documents necessary to acquire the subject Property. BE IT FURTHER ORDAINED, all Ordinances or parts of Ordinances inconsistent herewith are repealed to the extent of such inconsistency. The Borough Clerk is authorized to renumber and/or re-codify any sections affected by such repeal to the extent consistent with this Ordinance. BE IT FURTHER ORDAINED, if any word, phrase, clause, section or provision of this Ordinance shall be found by any Court of competent jurisdiction to be unenforceable, illegal or unconstitutional such word, phrase, clause, section or provision shall be severable from the balance of the Ordinance and the remainder of the Ordinance shall remain in full force and effect. BE IT FURTHER ORDAINED, this Ordinance shall take effect upon publication thereof after final passage according to law and approval by the State of New Jersey. Offered for introduction by Councilmember Rodriguez, second by Councilmember Neff Affirmative: Councilmembers Hoey, LaBarbera, Neff and Rodriguez Negative: Councilmembers Cole and Koch Abstain: None Absent: None CONSENT AGENDA RESOLUTIONS 4. Resolution No. 2023-269, Executive Session: Contract Negotiations WHEREAS, the Open Public Meetings, P. L. 1975, Chapter 231 permits the exclusion of the public from a meeting in certain circumstances; and WHEREAS, this public body is of the opinion that such circumstances presently exist; and WHEREAS, the Governing Body may wish to discuss the following matters: Contract Negotiation 1. ILSA with Middletown 2. Health Insurance Fund 3. Purchase of 21 Fair Haven Road 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. October 23, 2023, Page 13 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 5. Resolution No. 2023-270, Approve Chapter 159: NJ Forest Service, UCF Stewardship Grant ($15,000). This resolution was pulled from the agenda. 6. Resolution No. 2023-271, Approve Shared Service Agreement for Library Director Services WHEREAS, the “Uniform Shared Services and Consolidation Act” N.J.S.A. 40A:65-1 through 40A: 65-35 (the “Act”), authorizes local units of the State of New Jersey to enter contracts with any other local unit or units for the joint provision within their several jurisdictions of any service which any party to the agreement is empowered to render within its own jurisdiction; and WHEREAS, the Borough of Fair Haven, in the County of Monmouth, State of New Jersey has determined that it would be beneficial to enter into a Shared Services Agreement with the Borough of Little Silver; and WHEREAS, the Administration for both municipalities, have agreed, in principle, that a Shared Services Agreement will include the following service: • Library Director WHEREAS, the municipalities have agreed to enter into a Shared Services Agreement until December 31, 2024 and may extend the agreement for additional terms of three (3) years, up to a total of nine (9) additional years. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Fair Haven that the Mayor and Municipal Clerk are hereby authorized and directed to sign the attached Shared Services Agreement between the Borough of Fair Haven and the Borough of Little Silver for the service listed above, in the form as approved by the Borough Attorney and Administrator; and BE IT FURTHER RESOLVED that the Municipal Clerk shall forward a certified true copy of this resolution to Little Silver’s Municipal Clerk. 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 7. Resolution No. 2023-272, Payment of Vouchers BE IT RESOLVED by the Governing Body of the Borough of Fair Haven that the vouchers listed for payment on the October 23, 2023 Bill List are hereby approved and the Finance Department is hereby authorized to release payment to the various vendors. 2022 CURRENT FUND ACCOUNT $ 1,299.45 2023 CURRENT FUND ACCOUNT $ 1,399,778.32 GENERAL CAPITAL $ 28,542.36 GRANT FUND $ 250.82 PAYROLL AGENCY $ 899.68 OTHER TRUST $ 2,638.94 DOG TRUST $ 550.00 $ 1,433,959.57 Councilman LaBarbera noted payment to Fisk AME Chapel in the amount of $20,000 is listed to be paid. Offered for adoption by Councilmember LaBarbera, second by Councilmember Koch Affirmative: Councilmembers Cole, Hoey, Koch, LaBarbera, Neff and Rodriguez Negative: None October 23, 2023, Page 14 Abstain: None Absent: None 8. Resolution No. 2023-273, Authorize Capital Purchase for 2023 DPW Relocation WHEREAS, Resolution No. 2021-247, adopted December 20, 2021 authorized the purchase of a Pavement Seam Sealing Machine in an amount not to exceed $8,000 and Resolution No. 2022- 235, adopted November 28, 2022 authorized the purchase of a pick-up truck in an amount $33,500 and a Front-End Loader Snow Push/Plow in an amount not to exceed $6,500; and WHEREAS, those capital expenditure purchases were not made so a total amount of $48,000 is available and will be used to purchase landscape trailers, accessories and any additional items that may arise during the relocation of the DPW Department. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Fair Haven, that the amount of $48,000 be authorized for the above referenced purchases through various vendors. 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 Reports of Departments September 2023 -Municipal Court -Police Department -Budget Status Motion to accept the reports, as submitted, moved by Councilmember LaBarbera, second by Councilmember Koch with Ayes by all present. GOOD OF THE BOROUGH Mayor Halpern opened the meeting to the public for comments or questions at 10:22 p.m. Michael DiMiceli, River Road, supports any money going toward Stormwater Management. She advised that the Green Team is looking to hold a sports swap and needs space to house the equipment. She asked if the Borough can offer space. Councilman LaBarbera offered his home as a collection point. It was recommended that Knights of Columbus, Fair Haven Fire Department or Church of the Nativity be approached. There being no further comments or questions, the meeting was closed to the public at 10:24 p.m. The Council went into executive session at 10:30 p.m. and this meeting was reconvened at 10:44 p.m. ADJOURNMENT Motion to adjourn moved by Councilmember LaBarbera, second by Councilmember Hoey with Ayes by all present. Time of Adjournment: 10:45 p.m. Respectfully submitted, Allyson M. Cinquegrana, RMC/CMR Borough Clerk

Agenda

FAIR HAVEN BOROUGH COUNCIL REGULAR MEETING AGENDA OCTOBER 23, 2023, 7:00 P.M. HYBRID MEETING (IN-PERSON AND ZOOM) Zoom Link: HTTPS://US02WEB.ZOOM.US/J/86343790924 iPhone or Land Line Telephone Call In: 1-301-715-8592 Webinar ID: 863 4379 0924 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. Resolutions 2023-266 Appointment of Police Captain - Sherri Lambert Oath of Office Administered 2023-267 Appointment of Police Lieutenant - Stephen Schneider Oath of Office Administered 2023-268 Appointment of Police Sergeant - William Lagrotteria Oath of Office Administered 7. Workshop Session -FH Business Association request to display lawn signs/banners for Shop Small Saturday & Holiday Stroll -Request to display “A Veteran Lives Here” signs at Veteran’s homes (November 4-18) -Draft Ordinance for Fishing and Crabbing at Waterfront Areas 8. Public Comment on Agenda Items 9. Approval of Minutes -October 3, 2023 Executive Session -October 10, 2023 Executive Session 10. Old Business Hearing and Adoption of Ordinance Ordinance No. 2023-17, Bond Ordinance for Capital Improvements: Facilities and Road Improvements 11. New Business Council Committee Reports Finance - Councilman Rodriguez Police, Fire & OEM - Councilman Rodriguez Personnel - Councilwoman Hoey Parks and Recreation - Councilwoman Hoey Planning Board - Councilwoman Koch 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 2023-18 Authorize the Acquisition of Real Property for Public Purposes: 21 Fair Haven Road Consent Agenda Resolutions 2023-269 Executive Session: Litigation and Contract Negotiations 2023-270 Approve Chapter 159: NJ Forest Service, UCF Stewardship Grant ($15,000) 2023-271 Approve Shared Service Agreement with Little Silver for Library Director 2023-272 Payment of Vouchers 2023-273 Authorize 2023 Capital Purchases for DPW Relocation Department Reports September 2023 -Municipal Court -Police Department -Budget Status 12. Good of the Borough - Please stand and identify yourself by clearly stating your name and address for the record (Please observe a time limit of three minutes) 13. 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 MEETING IS MONDAY, NOVEMBER 13, 2023 COUNCIL OF THE BOROUGH OF FAIR HAVEN MONMOUTH COUNTY, NEW JERSEY RESOLUTION Motion by: Second by: AFFIRMATIVE: NEGATIVE: ABSTAIN: ABSENT: RESOLUTION NO. 2023-266 TITLE: APPOINTMENT OF POLICE CAPTAIN - SHERRI LAMBERT WHEREAS, the Fair Haven Police Department staffing model allows for a Police Captain to serve the Borough; and WHEREAS, the Fair Haven Police Department currently has a vacancy in the staffing model in the position of Police Captain; and WHEREAS, Borough Ordinance 2-26.5b indicates that the Borough Council may nominate a person to the position of Police Captain; and WHEREAS, the Borough conducted the promotion process in accordance with Borough Ordinance 2- 26.5b and the Borough desires to promote Sherri Lambert as Police Captain under the terms and conditions per the PBA Contract effective to November 1, 2023. NOW, THEREFORE, BE IT RESOLVED that Sherri Lambert will be promoted to the position of Police Captain according to Borough Ordinance 2-26.5b. BE IT FURTHER RESOLVED that Sherri Lambert will accept the Oath of Office for the position of Police Captain immediately. COUNCIL OF THE BOROUGH OF FAIR HAVEN MONMOUTH COUNTY, NEW JERSEY RESOLUTION Motion by: Second by: AFFIRMATIVE: NEGATIVE: ABSTAIN: ABSENT: RESOLUTION NO. 2023-267 TITLE: APPOINT STEPHEN SCHNEIDER AS POLICE LIEUTENANT WHEREAS, the Fair Haven Police Department staffing model allows for a Police Lieutenant to serve the Borough; and WHEREAS, the Fair Haven Police Department currently has a vacancy in the staffing model in the position of Police Lieutenant; and WHEREAS, Borough Ordinance 2-26.12 indicates that the governing body may promote the most qualified candidate to the position of Police Lieutenant; and WHEREAS, the Borough conducted the promotion process in accordance with Borough Ordinance 2- 26.5c and the Borough desires to promote Stephen Schneider as Police Lieutenant under the terms and conditions per the PBA Contract currently in effect. NOW, THEREFORE, BE IT RESOLVED that Stephen Schneider will be promoted to the position of Police Lieutenant according to Borough Ordinance 2-26.5c. BE IT FURTHER RESOLVED that Stephen Schneider will accept the Oath of Office for the position of Police Lieutenant immediately. BE IT FURTHER RESOLVED that this promotion takes effect November 1, 2023. COUNCIL OF THE BOROUGH OF FAIR HAVEN MONMOUTH COUNTY, NEW JERSEY RESOLUTION Motion by: Second by: AFFIRMATIVE: NEGATIVE: ABSTAIN: ABSENT: RESOLUTION NO. 2023-268 TITLE: APPOINTMENT OF POLICE SERGEANT - WILLIAM LAGROTTERIA WHEREAS, the Fair Haven Police Department staffing model calls for three Police Sergeants to serve the Borough; and WHEREAS, the Fair Haven Police Department currently has a vacancy in the staffing model in the position of Police Sergeant; and WHEREAS, Borough Ordinance 2-26.5d indicates that the Borough Council may nominate a person to the position of Police Sergeant; and WHEREAS, the Borough desires to promote William Lagrotteria as Police Sergeant under the terms and conditions per the PBA Contract effective November 1, 2023. NOW, THEREFORE, BE IT RESOLVED that William Lagrotteria will be promoted to the position of Police Sergeant according to Borough Ordinance 2-26.5d. BE IT FURTHER RESOLVED that William Lagrotteria will accept the Oath of Office for the position of Police Sergeant immediately. BOROUGH OF FAIR HAVEN COUNTY OF MONMOUTH BOND ORDINANCE NO. 2023-17 BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS, APPROPRIATING $6,750,650 THEREFOR AND AUTHORIZING THE ISSUANCE OF $5,773,117.50 BONDS AND NOTES TO FINANCE A PORTION OF THE COSTS THEREOF, AUTHORIZED IN AND BY THE BOROUGH OF FAIR HAVEN, IN THE COUNTY OF MONMOUTH, NEW JERSEY BE IT ORDAINED by the BOROUGH COUNCIL OF THE BOROUGH OF FAIR HAVEN, IN THE COUNTY OF MONMOUTH, STATE OF NEW JERSEY (not less than two-thirds of all members thereof affirmatively concurring), AS FOLLOWS: Section 1. The improvements described in Section 3 of this bond ordinance are hereby authorized as general improvements to be undertaken in and by the Borough of Fair Haven, in the County of Monmouth, New Jersey (the “Borough”). For the improvements or purposes described in Section 3, there is hereby appropriated the sum of $6,750,650, said sum being inclusive of all appropriations heretofore made therefor, including the sum of $302,532.50 as the down payment for said purposes as required by the Local Bond Law, N.J.S.A. 40A:2-1 et seq., and grant funds in the amount of $675,000 expected to be received by the New Jersey Department of Transportation (“NJDOT”). The down payment is now available by virtue of provision for down payment or for capital improvement purposes in the Capital Improvement Fund of one or more previously adopted budgets. Section 2. In order to finance the costs of said improvements or purposes not provided for by the application of the down payment, negotiable bonds are hereby authorized to be issued in the principal amount not to exceed $5,773,117.50, pursuant to the Local Bond Law. In anticipation of the issuance of said bonds and to temporarily finance said improvements or purposes, negotiable bond anticipation notes are hereby authorized to be issued pursuant to and within the limitations prescribed by the Local Bond Law. Section 3. (a) The improvements hereby authorized and the purposes for which the obligations are to be issued consist of: (i) Public Works (DPW), Borough Hall, Police Department and Community Center – Capital facilities improvements to: (i) the Borough’s DPW Allen Street Site and Borough Hall, including, but not limited to, demolition of existing structures; site preparation work and environmental remediation; construction of new structures; acquisition and installation, as applicable, of gasoline tanks, pumps, storage tanks and a salt dome, and stormwater management improvements; and (ii) the demolition of the Borough’s existing Police Department Building; construction of a new Police Department Building and Community Center; site preparation work and environmental remediation, as applicable; and stormwater management improvements, with a total appropriation and estimated cost of $6,050,650, estimated amount of bonds and notes therefor of $5,748,117.50, and an average period of usefulness of thirty (30) years; and (ii) Fair Haven Road Project Phase II – Improvements to Fair Haven Road, Phase II, with a total appropriation and estimated cost of $700,000, including $675,000 grant funds expected to be received by NJDOT, estimated amount of bonds and notes therefor of $25,000, and an average period of usefulness of twenty (20) years; together with all purposes necessary, incidental or appurtenant thereto, all as shown on and in accordance with contracts, plans, specifications or requisitions therefor on file with or through the Borough Clerk, as finally approved by the governing body of the Borough. (b) The estimated maximum amount of bonds or notes to be issued for the improvements or purposes described in Section 3(a) hereof is $5,773,117.50, as stated in Section 2 hereof. (c) The estimated cost of the improvements or purposes described in Section 3(a) hereof is $6,750,650, which is equal to the amount of the appropriation herein made therefor. The excess of the appropriation of $6,750,650 over the estimated maximum amount of bonds or notes to be issued therefor being the amount of said $302,532.50 down payment for said purposes, and NJDOT grant funds in the amount of $675,000. Section 4. All bond anticipation notes issued hereunder shall mature at such times as may be determined by the chief financial officer of the Borough, provided that no note shall mature later than one (1) year from its date. All notes issued hereunder may be renewed from time to time subject to the provisions of N.J.S.A. 40A:2-8. The notes shall bear interest at such rate or rates and be in such form as may be determined by the chief financial officer, who shall determine all matters in connection with notes issued pursuant to this ordinance, and the chief financial officer's signature upon the notes shall be conclusive evidence as to all such determinations. The chief financial officer is hereby authorized to sell part or all of the notes from time to time at public or private sale and to deliver them to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the date of delivery thereof. The chief financial officer is directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of such notes occurs, such report shall include the amount, the description, the interest rate and the maturity schedule of the notes sold, the price obtained and the name of the purchaser. Section 5. The following additional matters are hereby determined, declared, recited and stated: (a) The improvements or purposes described in Section 3 of this bond ordinance are not a current expense and are improvements or purposes that the Borough may lawfully undertake as general improvements, and no part of the cost thereof has been or shall be specially assessed on property specially benefited thereby. (b) The average period of usefulness of the improvements or purposes, within the limitations of the Local Bond Law and taking into consideration the amount of the obligations authorized for said purposes, according to the reasonable life thereof computed from the date of the bonds authorized by this bond ordinance, is 29.96 years. (c) The Supplemental Debt Statement required by the Local Bond Law has been duly prepared and filed in the office of the Borough Clerk, and a complete executed duplicate thereof has been filed in the office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. Such Statement shows that the gross debt of the Borough as defined in the Local Bond Law is increased by the authorization of the bonds and notes provided in this bond ordinance by $5,773,117.50 and the obligations authorized herein will be within all debt limitations prescribed by that Law. (d) An aggregate amount not exceeding $2,500,000 for interest on said obligations, costs of issuing said obligations, engineering costs, legal fees and other items of expense listed in and permitted under N.J.S.A. 40A:2-20 is included as part of the cost of said improvements and is included in the estimated cost indicated herein for said improvements. (e) To the extent that moneys of the Borough are used to finance, on an interim basis, costs of said improvements or purposes, the Borough reasonably expects such costs to be paid or reimbursed with the proceeds of obligations issued pursuant hereto. Section 6. The capital budget of the Borough is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith. The resolution in the form promulgated by the Local Finance Board showing full detail of the amended capital budget and capital program as approved by the Director of the Division of Local Government Services is on file with the Borough Clerk and is available there for public inspection. Section 7. Any grant or similar moneys from time to time received by the Borough for the improvements or purposes described in Section 3 hereof, shall be applied either to direct payment of the cost of the improvements within the appropriation herein authorized or to payment of the obligations issued pursuant to this ordinance. The amount of obligations authorized but not issued hereunder shall be reduced to the extent that such funds are received and so used. Section 8. The full faith and credit of the Borough are hereby pledged to the punctual payment of the principal of and the interest on the obligations authorized by this bond ordinance. The obligations shall be direct, unlimited obligations of the Borough, and, unless paid from other sources, the Borough shall be obligated to levy ad valorem taxes upon all the taxable property within the Borough for the payment of the obligations and the interest thereon without limitation as to rate or amount. Section 9. This bond ordinance shall take effect twenty (20) days after the first publication thereof after final adoption, as provided by the Local Bond Law. ADOPTED ON FIRST READING DATED: October 10, 2023 BOROUGH OF FAIR HAVEN ORDINANCE NO. 2023-18 AN ORDINANCE OF THE COUNCIL OF THE BOROUGH OF FAIR HAVEN IN THE COUNTY OF MONMOUTH AUTHORIZING THE ACQUISITION OF REAL PROPERTY FOR PUBLIC PURPOSES WHEREAS, the Borough of Fair Haven desires to obtain title to certain real property located at 21 Fair Haven Road, designated as Lot 1, Block 47 on the Borough of Fair Haven Tax Map (the “Property”); and WHEREAS, the Property is presently owned by the Estate of Joseph Spagnuolo (hereinafter the “Seller”); and, WHEREAS, pursuant to the Local Land and Building Law, N.J.S.A. 40A:1201, et seq., the Borough has power and authority to acquire real property; and, WHEREAS, the pursuant to N.J.S.A. 40A:12-5, the Borough has the power to acquire any real property for a public purpose through a negotiated agreement process; and, WHEREAS, the Seller has expressed the desire to conveying the subject Property to the Borough; and, WHEREAS, the Borough, through its council, have determined that it is advantageous for the Borough to acquire the subject Property and that the subject Property is needed for public purposes; and, WHEREAS, the Borough and Seller negotiated a purchase price in the amount of $1,790,000.00 (one million seven hundred ninety thousand dollars and zero cents); and, WHEREAS, the Borough previously received approximately $1,454,375.00 (one million four hundred fifty-four thousand three hundred seventy-five dollars and zero cents) in grant funds to be utilized towards the Borough’s acquisition of the subject Property for public purposes; and, NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Fair Haven, in the County of Monmouth, in the State of New Jersey, as follows: 1. The Borough is hereby authorized to acquire, through the voluntary acquisition by negotiated agreement, the Property located at 21 Fair Haven Road, designated as Lot 1, Block 47 on the Borough of Fair Haven Tax Map for the purchase price of $1,790,000.00 (one million seven hundred ninety thousand dollars and zero cents); and, 2. The Borough Attorney and Business Administrator are hereby authorized to take any and all actions necessary to effectuate the purpose of this Ordinance and to acquire the subject Property through negotiation; and, 3. The Mayor and/or the Borough Clerk are hereby authorized to sign and witness, respectively, any contract for sale or other documents necessary to acquire the subject Property. BE IT FURTHER ORDAINED, all Ordinances or parts of Ordinances inconsistent herewith are repealed to the extent of such inconsistency. The Borough Clerk is authorized to renumber and/or re-codify any sections affected by such repeal to the extent consistent with this Ordinance. BE IT FURTHER ORDAINED, if any word, phrase, clause, section or provision of this Ordinance shall be found by any Court of competent jurisdiction to be unenforceable, illegal or unconstitutional such word, phrase, clause, section or provision shall be severable from the balance of the Ordinance and the remainder of the Ordinance shall remain in full force and effect. BE IT FURTHER ORDAINED, this Ordinance shall take effect upon publication thereof after final passage according to law and approval by the State of New Jersey. COUNCIL OF THE BOROUGH OF FAIR HAVEN MONMOUTH COUNTY, NEW JERSEY RESOLUTION Motion by: Second by: AFFIRMATIVE: NEGATIVE: ABSTAIN: ABSENT: RESOLUTION NO. 2023-269 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: Litigation 1. McCarter Pond Hydro Rake Project Contract Negotiation 1. ILSA with Middletown 2. Health Insurance Fund 3. Purchase of 21 Fair Haven Road 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. 2023-270 TITLE: RESOLUTION PROVIDING FOR THE INSERTION OF A SPECIAL ITEM OF REVENUE IN THE BUDGET OF THE BOROUGH OF FAIR HAVEN PURSUANT TO N.J.S.A. 40A:4- 87 (CHAPTER 159, P.L. 1948): STATE OF NEW JERSEY- NEW JERSEY FOREST SERVICE - NJUCF STEWARDSHIP GRANT WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any such items of revenue in the Budget of the County or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amount; and WHEREAS, the Borough of Fair Haven has received a $15,000.00 grant from State of New Jersey, New Jersey Forest Service for a NJUCF Stewardship Grant and wishes to amend its 2023 budget to include this amount as revenue; and NOW, THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of Fair Haven, New Jersey hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget for the year 2023 in the amount of $15,000.00 which items is now available as revenue from: The State of New Jersey - New Jersey Forest Service NJUCF Stewardship Grant BE IT FURTHER RESOLVED that a like sum of $15,000.00 be and the same is hereby appropriated under the caption of General Appropriations - Operations Excluded from CAPS: The State of New Jersey - New Jersey Forest Service NJUCF Stewardship Grant BE IT FURTHER RESOLVED that the Borough Clerk forward two copies of this resolution to the Director of Local Government Services. COUNCIL OF THE BOROUGH OF FAIR HAVEN MONMOUTH COUNTY, NEW JERSEY RESOLUTION Motion by: Second by: AFFIRMATIVE: NEGATIVE: ABSTAIN: ABSENT: RESOLUTION NO. 2023-271 TITLE: AUTHORIZE A SHARED SERVICE AGREEMENT BETWEEN THE BOROUGH OF FAIR HAVEN AND THE BOROUGH OF LITTLE SILVER WHEREAS, the “Uniform Shared Services and Consolidation Act” N.J.S.A. 40A:65-1 through 40A: 65-35 (the “Act”), authorizes local units of the State of New Jersey to enter contracts with any other local unit or units for the joint provision within their several jurisdictions of any service which any party to the agreement is empowered to render within its own jurisdiction; and WHEREAS, the Borough of Fair Haven, in the County of Monmouth, State of New Jersey has determined that it would be beneficial to enter into a Shared Services Agreement with the Borough of Little Silver; and WHEREAS, the Administration for both municipalities, have agreed, in principle, that a Shared Services Agreement will include the following service: • Library Director WHEREAS, the municipalities have agreed to enter into a Shared Services Agreement until December 31, 2024 and may extend the agreement for additional terms of three (3) years, up to a total of nine (9) additional years. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Fair Haven that the Mayor and Municipal Clerk are hereby authorized and directed to sign the attached Shared Services Agreement between the Borough of Fair Haven and the Borough of Little Silver for the service listed above, in the form as approved by the Borough Attorney and Administrator; and BE IT FURTHER RESOLVED that the Municipal Clerk shall forward a certified true copy of this resolution to Little Silver’s Municipal Clerk. COUNCIL OF THE BOROUGH OF FAIR HAVEN MONMOUTH COUNTY, NEW JERSEY RESOLUTION Motion by: Second by: AFFIRMATIVE: NEGATIVE: ABSTAIN: ABSENT: RESOLUTION NO. 2023-272 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 October 23, 2023 Bill List are hereby approved and the Finance Department is hereby authorized to release payment to the various vendors. 2022 CURRENT FUND ACCOUNT $ 1,299.45 2023 CURRENT FUND ACCOUNT $ 1,399,778.32 GENERAL CAPITAL $ 28,542.36 GRANT FUND $ 250.82 PAYROLL AGENCY $ 899.68 OTHER TRUST $ 2,638.94 DOG TRUST $ 550.00 $ 1,433,959.57 COUNCIL OF THE BOROUGH OF FAIR HAVEN MONMOUTH COUNTY, NEW JERSEY RESOLUTION Motion by: Second by: AFFIRMATIVE: NEGATIVE: ABSTAIN: ABSENT: RESOLUTION NO. 2023-273 TITLE: AUTHORIZE CAPITAL PURCHASE FOR 2023 DPW RELOCATION WHEREAS, Resolution No. 2021-247, adopted December 20, 2021 authorized the purchase of a Pavement Seam Sealing Machine in an amount not to exceed $8,000 and Resolution No. 2022-235, adopted November 28, 2022 authorized the purchase of a pick-up truck in an amount $33,500 and a Front-End Loader Snow Push/Plow in an amount not to exceed $6,500; and WHEREAS, those capital expenditure purchases were not made so a total amount of $48,000 is available and will be used to purchase landscape trailers, accessories and any additional items that may arise during the relocation of the DPW department. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Fair Haven, that the amount of $48,000 be authorized for the above referenced purchases through various vendors.

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