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City Council

Regular Meeting

Keyport, NJ · August 16, 2022

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Minutes

Page 1 of 12 August 16, 2022 Keyport, NJ Minutes of the Regular Session Meeting of the Mayor and Council, Borough of Keyport, held on the above date in the Borough Hall Council Chambers, Keyport, NJ, pursuant to the adoption of the Annual Notice on file with the Borough Clerk forwarded to the Asbury Park Press, the Independent, Two River Times and Newark Star Ledger and posted on the Bulletin Board in accordance with the Open Public Meeting Act, P.L. 1975, Ch. 231. Mayor Kennedy called the meeting to order at 7:00PM and the Borough Clerk read the Sunshine Law Notice. ROLL CALL On Roll Call the following were present: Mayor Kennedy, Councilmembers McDermott, Araneo and Peperoni. Others present: Borough Administrator Jay Delaney, Borough Attorney Leslie London, Borough Engineer Trevor Taylor and Police Chief Shannon Torres. Councilmember Pacheco arrived at 7:19PM. Councilmembers McNamara and Davidson were absent. PLEDGE OF ALLEGIANCE/MOMENT OF SILENCE Mayor Kennedy – there are a couple of items to consider to be tabled. First, Ordinance Introduction #2 should be referred to the Harbor Commission for review prior to us introducing that. Also, regarding Public Hearing #1 amending Bethany Manor Financial Agreement, this has been deferred to Council President McNamara, Jay Delany, Leslie London and Councilmembers Davidson and Pacheco to look into this further. There has been extensive dialogue with the State and the Perth Amboy Housing Authority about this. Borough Attorney Leslie London – had a meeting today with Perth Amboy Housing Authority, Bethany Manor’s attorney, and Council President McNamara, and we are working through all issues. We’ve been hearing the concerns of the residents and we want to make sure that everything is done right. The rumor that the apartments will be converted to condos is not correct. More information will be provided to council after the next meeting. Mayor Kennedy – there have been several meetings regarding Bethany Manor. Also, Council President McNamara has been talking with members of the Senior Center as many reside in Bethany Manor. Also requesting to table the Parking Advisory Committee Report listed under Unfinished Business to the next meeting for discussion since Council President McNamara and Councilmember Davidson are not here. Councilmember Araneo Moved to table Ordinance Introduction #2 amending the Application for Wharfs and Piers to the second meeting in September, table Public Hearing #1 Amending Bethany Manor Financial Agreement to the second meeting in September, and table the Parking Advisory Committee Report to the first meeting in September, seconded by Councilmember McDermott. Roll Call: Ayes: McDermott, Araneo, Peperoni Nays: Absent: Pacheco, Davidson, McNamara Abstain: Mayor Kennedy – Explained there was an ordinance introduction at the meeting of July 17th about the PILOT Agreement with Bethany Manor. On July 18th, we received phone calls from residents at Bethany Manor indicating that their rents were going up, for some almost as much as $1,000. We started looking into all of this on July 20th. We are announcing tonight that we are still working on this and we don’t have final information in order to make a vote that represents our constituents in the best way. That hearing will not be tonight. It will be at the September 17th [sic] 20th meeting. She also said there was miscommunication out there that we were voting on cannabis licenses tonight and that is not accurate. There are no hearings on that this evening. COMMITTEE REPORTS (Councilmember is lead or co-lead liaison of Committees in bold) Councilmember Pacheco: Police/MAC, Redevelopment, Harbor Commission, Board of Health/Registrar, Veterans Councilmember Pacheco arrived at 7:19PM. See below for report. Page 2 of 12 August 16, 2022 Keyport, NJ Councilmember McDermott: Environmental, KBBC, Fire/First Aid/OEM, NPP, Cultural/Civic Councilmember McDermott reported on the following: • KBBC o This Thursday Donna Summer ensemble from 7-9 at the Mini Park o Working on updating bylaws – some special meetings to come o Farmer’s Market every Thursday from 1-6 o I Love Keyport event registration o Sponsored the Snapper Contest o Wellness Walk at the Mini Park • Environmental Commission o Continuing with dune project o Beach Sweeps in October Councilmember Davidson: DPW/Construction/Fire Bureau/Property Maintenance, Planning Board, Recreation/Senior Center, Parking, Mayors Wellness Campaign Councilmember Davidson was absent Councilmember McNamara: Recreation/Senior Center, Green Team, Finance/Grants, Parking, Cannabis*, Mayors Wellness Campaign Councilmember McNamara was absent Councilmember Araneo: Finance/Grants, NPP, Parking, Police/MAC, Harbor Commission, Cannabis*, Cultural/Civic Councilmember Araneo reported on the following: • Councilmember McNamara is looking to have a closed session regarding cannabis sometime in September • Harbor Commission o How alerted when kiosk goes down o Why do benches go to the RBIT account o Kayak lockers have wood and nails breaking through. Have they been checked? o Asked for update on passive cleaning o Asked if surrounding towns can help with beach cleanup • NPP o New LED lights o Municipal parking lot improvements on Main Street o Decorative street signs phase one to commence with West and East Front Streets Councilmember Pacheco arrived at 7:19PM Councilmember Peperoni: Fire/First Aid/OEM, Board of Health/Registrar, Recycling, DPW/Construction/Fire Bureau/Property Maintenance, Redevelopment, Veterans Councilmember Peperoni reported on the following: • Read the Board of Health Treasurers Monthly Report for July • First Aid and Fire Department Calls for Service Report • Estimated date for Scott Packs • Read Construction Department Monthly Report in Councilmember Davidson’s absence Mayor Kennedy: Library, Planning Board, KBBC, Green Team, Cultural/Civic, Mayors Wellness Campaign, Veterans Mayor Kennedy reported on the following: • Library Board of Trustees met o Summer Reading Program o Library Card sign up o Lease/Shared Services Agreement conversations • Mayor’s Wellness Campaign Committee o Selfie or note to Chief Pfleger o Attended Mayor Wellness Campaign webinar • KBBC o Special Meeting and regular meeting o RFP for Audit Page 3 of 12 August 16, 2022 Keyport, NJ • Saturday morning Recreation events were fun and successful • Pre-meeting with DEP regarding pump-out boat topic Councilmember Pacheco: Police/MAC, Redevelopment, Harbor Commission, Board of Health/Registrar, Veterans Councilmember Pacheco reported on the following: • Municipal Alliance Committee o MAC was unable to meet this month o International Drug Overdose Awareness Initiative o MAC will meet next month • Harbor Commission o Harbor Commission met o Notice a big drop in money coming in to the kiosk o Memorial benches – why going through RBIT account • Read Police Department Calls for Service Report MAYOR’S UPDATES Mayor Kennedy – we have received several requests for volunteer organizations to solicit on public roadways. There is an Ordinance about this on the agenda this evening. Regarding item #8 under Communications the Library Board approved the Scarecrow Contest pending Borough approval. Councilmember McDermott – Motioned to table Communication #10. Councilwoman Pacheco seconded, and all in favor. PUBLIC COMMENT PORTION The Meeting was opened to the public for comments on Resolutions and Communications only at 7:29PM, moved by McDermott, carried by Pacheco with ayes by all present. George Walling, 54 Second Street – asked when the kayak locker issue would be looked into. John Merla, 34 Broad Street – asked the hourly pay scale for R2022-186 Authorizing the Hiring of Seasonal Personnel; asked the fee for engineering for R2022-188 Authorizing Retention of CME Associates for Professional Engineering Services, Related to Improvements to Portions of Fulton Street, Seventh Street, Eighth Street, Butler Street and East Third Street; asked who pays the cost of the officers in R2022-184 Authorizing the Borough of Keyport to Enter into Shared Services Agreement with the Keyport Public Schools for the Use of School Resource Officer/Special Law Enforcement Officers in the Keyport Public Schools. Dennis Fotopoulos, Beers Street – asked about the wharf and pier ordinance. Mayor stated that ordinance has been tabled tonight. He asked if there was any coordination between 149 W. Front Street and the Borough regarding installation of the new bulkhead. Jack Straub, 235 Main Street – asked about the introduction of the ordinance for Bethany Manor Financial Agreement Extension. He asked why the Freedom from Religion item was tabled. Michael Lane, 51 First Street – suggested requirements be put in place for requests for use of Borough property for an extended period of time. He asked about validating the water service for Hudson Pointe for R2022-187 Authorizing the Endorsement and Signature of NJDEP Treatment Works Approval Permit Applications Regarding Hudson Pointe at Keyport, LLC, and he asked why R2022-182 Authorizing the Purchase of Fire Department Equipment through the New Jersey State Contract Purchasing Cooperative wasn’t phased over time. Elmer Graham, Jr., 22 St. Peters Place – gave shout out to first responders for response to a medical incident at his home. He said the cost for the equipment in R2022-182 Authorizing the Purchase of Fire Department Equipment through the New Jersey State Contract Purchasing Cooperative amazes him and he asked for an explanation of R2022-183 Authorizing the Borough of Keyport to Enter into Shared Services Agreement with the Keyport Board of Education for Maintenance, Custodial and Public Works Services, which Mayor Kennedy provided. Page 4 of 12 August 16, 2022 Keyport, NJ Dan Fox, Deputy Fire Chief – spoke about the need for the replacement of the Scott Packs. There being no further comments, the meeting was closed to the public at 7:44PM, moved by McDermott, carried by Pacheco with ayes by all present. CONSENT AGENDA (All resolutions listed hereunder are considered to be routine in nature and will be enacted in one motion. Any person may request that an item be removed for separate consideration.) R2022-178 Payment of Bills Listed on the August 12, 2022 Bills List R2022-179 Payment of Bills Listed on the August 16, 2022 Bills List R2022-180 Setting the Last Date to Pay Third Quarter 2022 Taxes before Interest will Accrue R2022-181 Authorizing the Purchase of Fire Department Vehicle through the Education Services Commission of New Jersey (ESCNJ) Cooperative Pricing System R2022-182 Authorizing the Purchase of Fire Department Equipment through the New Jersey State Contract Purchasing Cooperative R2022-183 Authorizing the Borough of Keyport to Enter into Shared Services Agreement with the Keyport Board of Education for Maintenance, Custodial and Public Works Services R2022-184 Authorizing the Borough of Keyport to Enter into Shared Services Agreement with the Keyport Public Schools for the Use of School Resource Officer/Special Law Enforcement Officers in the Keyport Public Schools R2022-185 Authorizing the Borough Administrator to Initiate the Hiring Process to Fill a Vacancy within the Office of the Borough Clerk R2022-186 Authorizing the Hiring of Seasonal Personnel R2022-187 Authorizing the Endorsement and Signature of NJDEP Treatment Works Approval Permit Applications Regarding Hudson Pointe at Keyport, LLC R2022-188 Authorizing Retention of CME Associates for Professional Engineering Services, Related to Improvements to Portions of Fulton Street, Seventh Street, Eighth Street, Butler Street and East Third Street R2022-189 Authorizing Submission of the Grant Application and Execution of a Grant Agreement with the New Jersey Department of Community Affairs for the Purchase of Protective Equipment for the Keyport Fire Department R2022-190 Authorizing Police Department Administrative Secretary Salary Adjustments (Gerilyn Bender-Rabinowitz) R2022-191 Authorizing a Job Title Change and Salary Adjustments (Donna Purcell) Councilmember McDermott – asked the Borough Administrator to clarify the work being done regarding R2022-188 Authorizing Retention of CME Associates for Professional Engineering Services, Related to Improvements to Portions of Fulton Street, Seventh Street, Eighth Street, Butler Street and East Third Street. Borough Administrator Jay Delaney – said the resolution authorizes the engineer to perform the engineering services related to the project including the base survey work, design and engineering, as well as preparation of bid plans and specifications. Councilmember McDermott – asked when to expect completion. Borough Engineer Trevor Taylor – the deadline to award a contract is November 15th. APPROVAL OF RESOLUTIONS Motion to approve items listed on the Consent Agenda with the commentary that anyone living on the streets listed in R2022-188 Authorizing Retention of CME Associates for Professional Engineering Services, Related to Improvements to Portions of Fulton Street, Seventh Street, Eighth Street, Butler Street and East Third Street should abstain from voting on the resolution, moved by Pacheco, carried by Peperoni Roll Call: Ayes: Pacheco, McDermott, Araneo, Peperoni Nays: Absent: Davidson, McNamara Page 5 of 12 August 16, 2022 Keyport, NJ Abstain: McDermott and Araneo from R2022-188 Authorizing Retention of CME Associates for Professional Engineering Services, Related to Improvements to Portions of Fulton Street, Seventh Street, Eighth Street, Butler Street and East Third Street PUBLIC HEARINGS/ADOPTION OF ORDINANCES 1. Ordinance #2022-16 – Amending Bethany Manor Financial Agreement The Clerk read the Ordinance by Title: ORDINANCE OF THE BOROUGH OF KEYPORT, COUNTY OF MONMOUTH, NEW JERSEY, AUTHORIZING AN AMENDMENT TO THE FINANCIAL AGREEMENT BY AND BETWEEN THE BOROUGH OF KEYPORT AND BETHANY MANOR URBAN RENEWAL, LLC, TO EXTEND THE FINANCIAL AGREEMENT FOR AN ADDITIONAL SEVEN YEARS The Public Hearing on Ordinance #2022-16 was tabled to September 20, 2022, moved by Araneo and carried by McDermott, with ayes by all present 1a. Motion to Open Public Hearing MM: 2nd: 1b. Motion adopt Ordinance MM: 2nd: Roll Call: Pacheco, McDermott, Davidson, McNamara, Araneo, Peperoni 1c. Motion authorizing the Clerk to publish the Ordinance as adopted MM: 2nd: Ayes: Nays: 2. Ordinance #2022-17 – Permitting Charitable Organizations to Solicit Contributions in Roadways The Clerk read the Ordinance by Title: ORDINANCE OF THE BOROUGH OF KEYPORT, COUNTY OF MONMOUTH, NEW JERSEY, ESTABLISHING CHAPTER IV, SECTION 30 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF KEYPORT 2a. Motion to Open Public Hearing at 7:50PM moved by Araneo, carried by Pacheco with ayes by all present. Seeing no one, the Public Hearing was closed at 7:50PM moved by Araneo, carried by Pacheco with ayes by all present 2b. Motion to adopt the Ordinance moved by McDermott, carried by Pacheco Roll Call: Ayes: Pacheco, McDermott, Araneo, Peperoni Nays: Absent: Davidson, McNamara Abstain: 2c. Motion authorizing the Clerk to publish the Ordinance as adopted moved by McDermott, carried by Pacheco with ayes by all present 3. Ordinance #2022-18 – Amending the Borough’s Outdoor Lighting Regulations The Clerk read the Ordinance by Title: ORDINANCE OF THE BOROUGH OF KEYPORT, COUNTY OF MONMOUTH, NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER XXV, ARTICLE 1 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF KEYPORT ENTITLED “ZONING” 3a. Motion to Open Public Hearing at 7:52PM moved by McDermott, carried by Pacheco with ayes by all present John Merla, 34 Broad Street – asked who will enforce the Ordinance. Page 6 of 12 August 16, 2022 Keyport, NJ Borough Administrator Jay Delaney – said the Zoning Officer has primary responsibility for enforcement, particularly as it relates to new development, but there is overlapping jurisdiction with the Police and Code Enforcement as it relates to public nuisance. Mike Lane, 51 First Street - asked if we were going to have someone drive around at night and check out the properties and cite them. Borough Administrator Jay Delaney – the primary goal is to establish a standard that is enforceable and can be treated as any other violation of property maintenance. Elmer J. Graham, Jr., 22 St. Peters Place – seconds Mr. Lane’s comments and wants to see enforcement. There being no further comments or questions, the Public Hearing was closed at 7:56PM moved by Peperoni, carried by Pacheco with ayes by all present 3b. Motion to adopt the Ordinance moved by McDermott, carried by Araneo Roll Call: Ayes: Pacheco, McDermott, Araneo, Peperoni Nays: Absent: Davidson, McNamara Abstain: 3c. Motion authorizing the Clerk to publish the Ordinance as adopted moved by Araneo, carried by Pacheco with ayes by all present 4. Ordinance #2022-19 – Establishing Salaries and Wages for Designated Employees The Clerk read the Ordinance by Title: AN ORDINANCE OF THE BOROUGH OF KEYPORT, COUNTY OF MONMOUTH, NEW JERSEY ESTABLISHING SALARIES AND WAGES FOR DESIGNATED EMPLOYEES IN ACCORDANCE WITH THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE BOROUGH OF KEYPORT AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 68-68A-68B, ALF-CIO 4a. Motion to Open Public Hearing at 7:57PM moved by McDermott, carried by Araneo with ayes by all present Seeing no one the Public Hearing was closed at 7:57PM moved by Peperoni, carried by McDermott with ayes by all present 4b. Motion to adopt the Ordinance moved by McDermott, carried by Araneo Roll Call: Ayes: McDermott, Araneo, Peperoni Nays: Absent: Davidson, McNamara Abstain: Pacheco (stated she abstained as she works for union) 4c. Motion authorizing the Clerk to publish the Ordinance as adopted moved by McDermott, carried by Araneo with ayes by all present. 5. Ordinance #2022-20 – Amending Broad Street Traffic Regulations The Clerk reads the Ordinance by Title: ORDINANCE OF THE BOROUGH OF KEYPORT, COUNTY OF MONMOUTH, NEW JERSEY, AMENDING CHAPTER 7 “TRAFFIC” AND CHAPTER 7A “TRAFFIC SCHEDULES” OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF KEYPORT Mayor Kennedy – took a moment to acknowledge Deputy Commissioner Sue Kiley and thanked her for being here and she commended the Monmouth County Commissioners for being present and relevant in Keyport the last few years. Mayor Kennedy said Broad Street is being paved in its entirety and is the first roadway paving project done by the County in Keyport in over a quarter of a century. Borough Engineer Trevor Taylor – displayed a diagram and provided and explanation of the proposed changes to parking and traffic on Broad Street – eliminating eight spaces on the west side of the street, three spaces for the midblock crosswalk and one space on the east side of the Page 7 of 12 August 16, 2022 Keyport, NJ street for a total loss of 12 spaces. Adding two spaces on the east side of the street where the funeral home was and one space in front of the Fire Museum we will be losing a total of nine spaces overall with this plan. With the midblock crosswalk, we have to eliminate three spaces. By eliminating the parking on the west side of the street we will have larger lanes – two 12-foot lanes. Mayor Kennedy – mentioned the space in front of the Fire Museum has never been legal as it was not done by ordinance. Also the parking sign in front of library does not match the hours the library is open. Borough Engineer Trevor Taylor – discussed with the County adding a crosswalk at the intersection by the library. 5a. Motion to Open Public Hearing at 8:09PM moved by McDermott, carried by Pacheco with ayes by all present Andrew Kelsey, 29 St. Peters Place – read from the Traffic Calming Section of the New Jersey Department of Transportation Roadway Design Manual. He spoke out against the proposed plan. He said it makes no sense and is negligent. Melissa O’Connell, Keyport Fun House – said she is disheartened by this plan. She asked what happened to the Complete Streets plan and what happened to the proposal to make Broad Street a one-way. She said this seems to be a rush job due to County paving and she is against it. William Jeandron, 65 Broad Street – said he is landlocked and has no driveway on Broad Street. He asked that putting up a “resident parking” sign be considered. He said tractors and box trucks make deliveries on the street and that business employees park on Broad Street instead of in the lots. Rinku Patel, business on Broad Street – said that if you eliminate parking spots he will lose business. He suggested decreasing the time-limit parking from three hours to 15 or 30 minutes. Dennis Fotopoulos, 77A Beers Street – said the design is admirable and he likes the crosswalk. He asked what got us from the one-way to here – what was the thought process. What about speeding? He asked if there will be higher enforcement. Danielle Mastropiero – asked what the timeline is for Broad Street paving. She said Mr. Kelsey’s commentary was compelling and she worries that businesses may suffer. Donna Purcell, 396 Maple Place – said she is against the ordinance. We should consider increasing parking by going to a one-way. Helen Ramirez, Fulton Street and Paws R Us – she is all for a one-way, bike lane, walk lane. Customers complain about no parking. Improvements are great but we need to be safe about it. Jack Straub, 235 Main Street – asked how close the traffic is going to get to the curb and if a line will be put in to prevent the cars from getting closer to the curb. Spoke about time-limit parking. Councilmember Peperoni – suggested removing two parking spaces on each side of the street at the corner of Broad and W. Front and E. Front. Mike Lane – need to think about cars will speed and be close to the sidewalk. Elmer J. Graham, Jr., 22 St. Peters Place – we should have more public hearings to get more input and hear what everyone has to say. There being no further comments or questions, the meeting was closed to the public at 8:49PM moved by Peperoni, carried by Pacheco with ayes by all present. Councilmember Pacheco – said she still thinks it’s a good idea but she hears the concerns of the grab-n-go businesses. She asked Commissioner Kiley what is the timeline for the street paving. Maybe we can have one more meeting of the committee to try to figure out a solution for the grab-n- go. Motion to reopen to the public at 8:50PM moved by Pacheco, carried by McDermott Commissioner Deputy Director Susan Kiley – thinks it is a good idea to table this and pull together a committee that includes business and your members. We can hold off on the paving until you’re ready. We can talk about line striping. Motion to close to the public at 8:51PM moved by Peperoni, carried by Pacheco with ayes by all present. Motion to table moved by Araneo, carried by Pacheco. Page 8 of 12 August 16, 2022 Keyport, NJ Motion to table withdrawn by Araneo and motion to second withdrawn by Pacheco. Borough Engineer Trevor Taylor – will speak with County regarding timeframe. Councilmember Araneo – we don’t want to postpone the project. Let’s move forward with getting it paved, having it striped, and if we have to change it we can change it. 5b. Motion adopt Ordinance moved by Pacheco, carried by Peperoni Roll Call: Ayes: Nays: Pacheco, McDermott, Araneo, Peperoni Absent: Davidson, McNamara Abstain: 5c. Motion authorizing the Clerk to publish the Ordinance as adopted MM: 2nd: Ayes: Nays: INTRODUCTION OF ORDINANCES 1. Ordinance – Bond Ordinance Providing for Various Roadway Improvements The Clerk read the Ordinance by Title: PROVIDING FOR THE 2022 ROAD IMPROVEMENT PROJECT BY THE BOROUGH OF KEYPORT, APPROPRIATING $1,700,000 THEREFOR, INCLUDING VARIOUS GRANTS IN THE AGGREGATE AMOUNT OF $521,900 EXPECTED TO BE RECEIVED FROM THE STATE OF NEW JERSEY DEPARTMENT OF TRANSPORTATION, AND AUTHORIZING THE ISSUANCE OF $1,150,000 BONDS OR NOTES OF THE BOROUGH TO FINANCE PART OF THE COST THEREOF Borough Administrator Jay Delaney – this Bond Ordinance incorporates two road projects – the partially funded by DOT grants for Butler and E. Third Street, as well as the reconstruction of Fulton, Seventh and Eighth Streets. That also includes related drainage and utility work. It also includes other road projects within the Borough as discussed and incorporated as part of our capital plan in our current year budget. The final selection of those roadways will be listed and distributed as part of the public hearing and that will include our full road project for 2022. 1a. Motion to introduce moved by McDermott, carried by Pacheco Roll Call: Ayes: Pacheco, McDermott, Araneo, Peperoni Nays: Absent: Davidson, McDermott Abstain: 1b. Motion authorizing the Clerk to publish the Ordinance as introduced in the Asbury Park Press for a public hearing moved by McDermott, carried by Pacheco with ayes by all present. 2. Ordinance – Amending Application and Hearing Requirements – Wharfs and Piers The Clerk read the Ordinance by Title: ORDINANCE OF THE BOROUGH OF KEYPORT, COUNTY OF MONMOUTH, NEW JERSEY, AMENDING CHAPTER XII, ARTICLE 5, SECTION 2 “APPLICATION REQUIREMENTS; HEARING” OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF KEYPORT This Ordinance was tabled earlier and referred to the Harbor Commission for review. 2a. Motion to introduce: MM: 2nd: Roll Call: Pacheco, McDermott, Davidson, McNamara, Araneo, Peperoni 2b. Motion authorizing the Clerk to publish the Ordinance as introduced in the Asbury Park Press for a public hearing MM: 2nd: Ayes: Nays: Page 9 of 12 August 16, 2022 Keyport, NJ COMMUNICATIONS BY CONSENT (For Approval) 1. Application for membership in Liberty Hose Company from Gavin Andersen (subject to State approval) accepted at the July 11, 2022 meeting of the membership to fill a vacancy. 2. Request from Municipal Alliance Committee to place 47 flags and two (2) signs in a selected location in support of the International Drug Overdose Awareness initiative of the Prevention Coalition of Monmouth County from August 17th through September 5th. 3. Request from Keyport-Matawan Elks for road closures in the area of the Elks Lodge on Saturday, August 27th during their annual Kathleen Thomson benefit event from 9AM to 6:30PM. 4. Request from Liberty Hose Co. #3 to solicit donations at the intersection of Highway 36 and Broad Street on September 10th and 25th. 5. Request from Keyport Fire Department to hold a 9/11 Service on September 11, 2022 at 7PM on American Legion Drive across from the American Legion at the 9/11 monument. Requesting closure of a portion American Legion Drive from 5:30PM to 8PM. 6. Request from Knights of Columbus to solicit donations at the traffic light by the Keyport Matawan Elks on Broadway on September 16th, 17th and 18th from 10AM to 4PM. 7. Amended Recreation Committee Program & Activity Planning Summary for the KeyportFest 5K Race to be held Saturday, September 24th. Also requesting to use Borough Hall lobby on Friday, September 23rd for race packet pickup from 1PM to 8PM. 8. Application and Permit for Use of Borough Property from the Friends of the Keyport Public Library for a Scarecrow Contest to be held on the Keyport Public Library grounds on October 29, 2022 from 11:30AM to 1:30PM. (certificate of insurance provided) 9. Request from Keyport Matawan Elks to solicit donations at the corner of Broadway and Maple on November 5th and 6th from 10AM to 3PM. 10. Application and Permit for Use of Borough Property from the Freedom from Religion Foundation to place a Bills of Rights display in the Mini Park continuously from November 25, 2022 through January 6, 2023. (certificate of insurance provided) (To Receive and File) APPROVAL and/or RECEIPT AND FILE OF COMMUNICATIONS Motion to approve Communications by Consent items #1 through #9 (item #10 was tabled earlier) moved by Pacheco, carried by McDermott Roll Call: Ayes: Pacheco, McDermott, Araneo, Peperoni Nays: Absent: Davidson, McNamara Abstain: MINUTES FOR APPROVAL January 18, 2022 Regular Meeting Minutes July 19, 2022 Regular Meeting Minutes Motion to approve moved by Araneo, carried by McDermott with ayes by all present REPORTS 1. Municipal Clerk’s Report for July 2022 2. Tax/Water/Sewer Collector’s Report for July 2022 3. Board of Health Treasurer’s Report for July 2022 4. Building Department Monthly Report for July 2022 Page 10 of 12 August 16, 2022 Keyport, NJ 5. Municipal Court Monthly Report for July 2022 6. KFD PR/PIO Report June-July 2022 Motion to receive and file reports moved by Peperoni, carried by Pacheco with ayes by all present. NEW BUSINESS Rent/PILOT – no discussion was had Harbor Commission Requests - there is no further discussion regarding the Harbor Commission Requests. UNFINISHED BUSINESS KBBC Request to Place Gazebo in the Mini Park Borough Administrator Jay Delaney – said the engineer’s report has been received and has been provided to the KBBC. The engineer has indicated that the process should move forward with the submission of the required building permits. All structural concerns would be addressed in that process. Keyport Parking Advisory Committee Final Report dated July 12, 2022 – (tabled) DAIS UPDATES Chief Torres – said she would like to get together with the Harbor Commission to discuss the ordinance and possibly putting in some changes. The area has been added to regular patrol. She reported we had a successful Fair week. She said the Crisis Intervention Team made international news and front of the newspaper. Thankful for the County training. Borough Attorney Leslie London – mentioned new law requiring business owners and rental unit owners to maintain certain levels of liability insurance. This requires municipality to adopt an ordinance. Borough Administrator Jay Delaney – advised mosquito spraying to combat West Nile virus will be done by the County on Thursday morning in a designated area of the Borough. Borough Engineer Trevor Taylor – reported on the following: - Broad Street concrete project - Traffic signal poles - Henry Hudson Trail cleanup and drainage - Four-way stop sign at Green Grove and First - 333 First Street working on Walnut Street repairs - Third Street wrapping up tv inspection of storm and sanitary sewers - Bridge project by the Town & Country – looking to do a detour of the bridge - Raritan Street curb line and paving, addressing drainage issues PUBLIC COMMENT PORTION The Meeting was opened to the public at 9:21PM for comments, moved by Pacheco and carried by McDermott with ayes by all present. Donna Purcell – asked where Broad Street falls into the Master Plan. Jack Straub – asked what the estimated time frame is when council will make a decision regarding cannabis licenses. Danielle Mastropiero, 378 Atlantic Street – asked about service request process and how citizens can be kept updated. She read some citizen reports of road issues. John Merla – asked what happened to the 311 reports that have not been answered now that the 311 system is no longer. He said he has received no answer about what is happening with the old coat factory on Second Street. He spoke about weeds on the waterfront. Page 11 of 12 August 16, 2022 Keyport, NJ Dennis Fotopoulos – asked if there is going to be coordination between the Borough and Port 149 on the bulkhead repairs. He asked about the Bethany Manor PILOT and also the old coat factory on Second Street. Matthew Kersey, Garden State Marijuana – spoke to the delays in the cannabis license process. Tricia Louis, 10 Warren Street – spoke about violations of sanitation rules. Gary George, Herbalize cannabis dispensary – spoke to the delays in the cannabis license process. Diane Andrews, Bethany Manor – spoke about rent increase over $600 at Bethany Manor. Raymond Kondratyc, 500 Broad Street – spoke about receiving 30-day notice for a double rent increase. Mike Lane – asked how residents will know about the outdoor lighting ordinance. He also said the Bethany Manor deed filed with County states an intention to convert to condos. He asked about the Pedestrian Safety Improvement project, the crosswalks on First State and the cleanup of the power poles. Raymond Kondratyc – said the American flag must be lit if flown overnight. Elmer J. Graham, Jr. – asked when we are having another Veteran’s Committee meeting. John Merla – said Bethany Manor residents received notices under their doors which was unprofessional. Dennis Fotopoulos – asked whether the Borough could impose an injunction on the rent increases. Maureen Marcel – said her mom lives in Bethany Manor and residents have received notices to sign leases. Danielle Mastropiero – stated her aunt is mentally challenged and she did not sign the lease. She wanted to make Ms. London aware that they were very pushy. There being no further comments the Meeting was closed to public at 10:13PM moved by Peperoni, carried by Pacheco with ayes by all present. Mayor Kennedy – clarified placement of purple flags request for Drug Overdose Awareness. Motion was made and carried to place the flags around the gazebo at Waterfront Park and turn the lights purple. Borough Attorney Leslie London – read the Closed Session Resolution. Motion to go into Closed Session moved by Araneo, carried by Peperoni with ayes by all present Councilmember Pacheco left the meeting at 10:19PM CLOSED SESSION RESOLUTION #2022-192 RESOLUTION OF THE BOROUGH OF KEYPORT, COUNTY OF MONMOUTH, NEW JERSEY AUTHORIZING A MEETING NOT OPEN TO THE PUBLIC IN ACCORDANCE WITH THE PROVISIONS OF THE NEW JERSEY OPEN PUBLIC MEETINGS ACT, N.J.S.A. 10:4-12 WHEREAS, the Borough of Keyport, County of Monmouth (the “Borough”), a public body corporate and politic of the State of New Jersey, is subject to certain requirements of the Open Public Meetings Act, N.J.S.A. 10:4-6, et seq. (the “Act”); and Page 12 of 12 August 16, 2022 Keyport, NJ WHEREAS, N.J.S.A. 10:4-12 provides that a closed session, not open to the public, may be held for certain specified purposes when authorized by resolution; and WHEREAS, it is necessary for the Borough to discuss, in a session not open to the public, matters concerning collective bargaining pursuant to N.J.S.A. 10:4-12(b)(4). NOW, THEREFORE, BE IT RESOLVED by the Mayor and the Council of the Borough of Keyport, County of Monmouth, State of New Jersey as follows: 1. The aforementioned recitals are incorporated herein as though fully set forth at length. 2. The Mayor and Council assembled in public session on August 16, 2022 and determined that a closed session, not open to the public, shall be held on August 16, 2022 at the Borough Hall located at 70 West Front Street, Keyport, New Jersey, for the discussion of matters relating to the specific items designated above. 3. This resolution will take effect immediately. OFFERED: ARANEO SECONDED: PEPERONI AYES: PACHECO, MCDERMOTT, ARANEO, PEPERONI NAYS: ABSENT: DAVIDSON, MCNAMARA Motion to reconvene to Open Session at 10:38PM moved by McDermott, carried by Araneo with ayes by all present. Borough Attorney Leslie London – explained a Closed Session was held to be given an update regarding union negotiations. No formal action was taken. ADJOURNMENT Motion to Adjourn at 10:39PM moved by Araneo, carried by McDermott with ayes by all present.

Agenda

BOROUGH OF KEYPORT REGULAR MEETING AGENDA TUESDAY, AUGUST 16, 2022 – 7:00 P.M. MUNICIPAL COMPLEX COUNCIL CHAMBERS 70 W. FRONT STREET, KEYPORT, NJ CALL TO ORDER: PM SUNSHINE LAW NOTICE: ROLL CALL: ____ Mayor Kennedy ____ Council President McNamara ____ Councilmember Pacheco ____ Councilmember McDermott ____ Councilmember Davidson ____ Councilmember Araneo ____ Councilmember Peperoni As a courtesy to those around you, please silence your cell phones PLEDGE OF ALLEGIANCE/MOMENT OF SILENCE COMMITTEE REPORTS (Councilmember is lead or co-lead liaison of Committees in bold) Councilmember Pacheco: Police/MAC, Redevelopment, Harbor Commission, Board of Health/Registrar, Veterans Councilmember McDermott: Environmental, KBBC, Fire/First Aid/OEM, NPP, Cultural/Civic Councilmember Davidson: DPW/Construction/Fire Bureau/Property Maintenance, Planning Board, Recreation/Senior Center, Parking, Mayors Wellness Campaign Councilmember McNamara: Recreation/Senior Center, Green Team, Finance/Grants, Parking, Cannabis*, Mayors Wellness Campaign Councilmember Araneo: Finance/Grants, NPP, Parking, Police/MAC, Harbor Commission, Cannabis*, Cultural/Civic Councilmember Peperoni: Fire/First Aid/OEM, Board of Health/Registrar, Recycling, DPW/Construction/Fire Bureau/Property Maintenance, Redevelopment, Veterans Mayor Kennedy: Library, Planning Board, KBBC, Green Team, Cultural/Civic, Mayors Wellness Campaign, Veterans MAYOR’S UPDATES PUBLIC COMMENT PORTION The Meeting is opened to the public for comments on Resolutions and Communications only. Opened: Closed: CONSENT AGENDA (All resolutions listed hereunder are considered to be routine in nature and will be enacted in one motion. Any person may request that an item be removed for separate consideration.) R2022-178 Payment of Bills Listed on the August 12, 2022 Bills List R2022-179 Payment of Bills Listed on the August 16, 2022 Bills List R2022-180 Setting the Last Date to Pay Third Quarter 2022 Taxes before Interest will Accrue R2022-181 Authorizing the Purchase of Fire Department Vehicle through the Education Services Commission of New Jersey (ESCNJ) Cooperative Pricing System R2022-182 Authorizing the Purchase of Fire Department Equipment through the New Jersey State Contract Purchasing Cooperative R2022-183 Authorizing the Borough of Keyport to Enter into Shared Services Agreement with the Keyport Board of Education for Maintenance, Custodial and Public Works Services R2022-184 Authorizing the Borough of Keyport to Enter into Shared Services Agreement with the Keyport Public Schools for the Use of School Resource Officer/Special Law Enforcement Officers in the Keyport Public Schools R2022-185 Authorizing the Borough Administrator to Initiate the Hiring Process to Fill a Vacancy within the Office of the Borough Clerk R2022-186 Authorizing the Hiring of Seasonal Personnel R2022-187 Authorizing the Endorsement and Signature of NJDEP Treatment Works Approval Permit Applications Regarding Hudson Pointe at Keyport, LLC R2022-188 Authorizing Retention of CME Associates for Professional Engineering Services, Related to Improvements to Portions of Fulton Street, Seventh Street, Eighth Street, Butler Street and East Third Street R2022-189 Authorizing Submission of the Grant Application and Execution of a Grant Agreement with the New Jersey Department of Community Affairs for the Purchase of Protective Equipment for the Keyport Fire Department R2022-190 Authorizing Police Department Administrative Secretary Salary Adjustments (Gerilyn Bender-Rabinowitz) R2022-191 Authorizing a Job Title Change and Salary Adjustments (Donna Purcell) APPROVAL OF RESOLUTIONS Motion on the Consent Agenda MM: 2nd: Roll Call: Pacheco, McDermott, Davidson, McNamara, Araneo, Peperoni PUBLIC HEARINGS/ADOPTION OF ORDINANCES 1. Ordinance #2022-16 – Amending Bethany Manor Financial Agreement The Clerk reads the Ordinance by Title: ORDINANCE OF THE BOROUGH OF KEYPORT, COUNTY OF MONMOUTH, NEW JERSEY, AUTHORIZING AN 2 AMENDMENT TO THE FINANCIAL AGREEMENT BY AND BETWEEN THE BOROUGH OF KEYPORT AND BETHANY MANOR URBAN RENEWAL, LLC, TO EXTEND THE FINANCIAL AGREEMENT FOR AN ADDITIONAL SEVEN YEARS 1a. Motion to Open Public Hearing MM: 2nd: 1b. Motion adopt Ordinance MM: 2nd: Roll Call: Pacheco, McDermott, Davidson, McNamara, Araneo, Peperoni 1c. Motion authorizing the Clerk to publish the Ordinance as adopted MM: 2nd: Ayes: Nays: 2. Ordinance #2022-17 – Permitting Charitable Organizations to Solicit Contributions in Roadways The Clerk reads the Ordinance by Title: ORDINANCE OF THE BOROUGH OF KEYPORT, COUNTY OF MONMOUTH, NEW JERSEY, ESTABLISHING CHAPTER IV, SECTION 30 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF KEYPORT 2a. Motion to Open Public Hearing MM: 2nd: 2b. Motion adopt Ordinance MM: 2nd: Roll Call: Pacheco, McDermott, Davidson, McNamara, Araneo, Peperoni 2c. Motion authorizing the Clerk to publish the Ordinance as adopted MM: 2nd: Ayes: Nays: 3. Ordinance #2022-18 – Amending the Borough’s Outdoor Lighting Regulations The Clerk reads the Ordinance by Title: ORDINANCE OF THE BOROUGH OF KEYPORT, COUNTY OF MONMOUTH, NEW JERSEY, AMENDING AND SUPPLEMENTING CHAPTER XXV, ARTICLE 1 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF KEYPORT ENTITLED “ZONING” 3a. Motion to Open Public Hearing MM: 2nd: 3b. Motion adopt Ordinance MM: 2nd: Roll Call: Pacheco, McDermott, Davidson, McNamara, Araneo, Peperoni 3c. Motion authorizing the Clerk to publish the Ordinance as adopted MM: 2nd: Ayes: Nays: 3 4. Ordinance #2022-19 – Establishing Salaries and Wages for Designated Employees The Clerk reads the Ordinance by Title: AN ORDINANCE OF THE BOROUGH OF KEYPORT, COUNTY OF MONMOUTH, NEW JERSEY ESTABLISHING SALARIES AND WAGES FOR DESIGNATED EMPLOYEES IN ACCORDANCE WITH THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE BOROUGH OF KEYPORT AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 68-68A-68B, ALF-CIO 4a. Motion to Open Public Hearing MM: 2nd: 4b. Motion adopt Ordinance MM: 2nd: Roll Call: Pacheco, McDermott, Davidson, McNamara, Araneo, Peperoni 4c. Motion authorizing the Clerk to publish the Ordinance as adopted MM: 2nd: Ayes: Nays: 5. Ordinance #2022-20 – Amending Broad Street Traffic Regulations The Clerk reads the Ordinance by Title: ORDINANCE OF THE BOROUGH OF KEYPORT, COUNTY OF MONMOUTH, NEW JERSEY, AMENDING CHAPTER 7 “TRAFFIC” AND CHAPTER 7A “TRAFFIC SCHEDULES” OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF KEYPORT 5a. Motion to Open Public Hearing MM: 2nd: 5b. Motion adopt Ordinance MM: 2nd: Roll Call: Pacheco, McDermott, Davidson, McNamara, Araneo, Peperoni 5c. Motion authorizing the Clerk to publish the Ordinance as adopted MM: 2nd: Ayes: Nays: INTRODUCTION OF ORDINANCES 1. Ordinance – Bond Ordinance Providing for Various Roadway Improvements The Clerk reads the Ordinance by Title: PROVIDING FOR THE 2022 ROAD IMPROVEMENT PROJECT BY THE BOROUGH OF KEYPORT, APPROPRIATING $1,700,000 THEREFOR, INCLUDING VARIOUS GRANTS IN THE AGGREGATE AMOUNT OF $521,900 EXPECTED TO BE RECEIVED FROM THE STATE OF NEW JERSEY DEPARTMENT OF TRANSPORTATION, AND AUTHORIZING THE ISSUANCE OF $1,150,000 BONDS OR NOTES OF THE BOROUGH TO FINANCE PART OF THE COST THEREOF 4 1a. Motion to introduce: MM: 2nd: Roll Call: Pacheco, McDermott, Davidson, McNamara, Araneo, Peperoni 1b. Motion authorizing the Clerk to publish the Ordinance as introduced in the Asbury Park Press for a public hearing MM: 2nd: Ayes: Nays: 2. Ordinance – Amending Application and Hearing Requirements – Wharfs and Piers The Clerk reads the Ordinance by Title: ORDINANCE OF THE BOROUGH OF KEYPORT, COUNTY OF MONMOUTH, NEW JERSEY, AMENDING CHAPTER XII, ARTICLE 5, SECTION 2 “APPLICATION REQUIREMENTS; HEARING” OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF KEYPORT 2a. Motion to introduce: MM: 2nd: Roll Call: Pacheco, McDermott, Davidson, McNamara, Araneo, Peperoni 2b. Motion authorizing the Clerk to publish the Ordinance as introduced in the Asbury Park Press for a public hearing MM: 2nd: Ayes: Nays: COMMUNICATIONS BY CONSENT (For Approval) 1. Application for membership in Liberty Hose Company from Gavin Andersen (subject to State approval) accepted at the July 11, 2022 meeting of the membership to fill a vacancy. 2. Request from Municipal Alliance Committee to place 47 flags and two (2) signs in a selected location in support of the International Drug Overdose Awareness initiative of the Prevention Coalition of Monmouth County from August 17th through September 5th. 3. Request from Keyport-Matawan Elks for road closures in the area of the Elks Lodge on Saturday, August 27th during their annual Kathleen Thomson benefit event from 9AM to 6:30PM. 4. Request from Liberty Hose Co. #3 to solicit donations at the intersection of Highway 36 and Broad Street on September 10th and 25th. 5. Request from Keyport Fire Department to hold a 9/11 Service on September 11, 2022 at 7PM on American Legion Drive across from the American Legion at the 9/11 monument. Requesting closure of a portion American Legion Drive from 5:30PM to 8PM. 6. Request from Knights of Columbus to solicit donations at the traffic light by the Keyport Matawan Elks on Broadway on September 16th, 17th and 18th from 10AM to 4PM. 5 7. Amended Recreation Committee Program & Activity Planning Summary for the KeyportFest 5K Race to be held Saturday, September 24th. Also requesting to use Borough Hall lobby on Friday, September 23rd for race packet pickup from 1PM to 8PM. 8. Application and Permit for Use of Borough Property from the Friends of the Keyport Public Library for a Scarecrow Contest to be held on the Keyport Public Library grounds on October 29, 2022 from 11:30AM to 1:30PM. (certificate of insurance provided) 9. Request from Keyport Matawan Elks to solicit donations at the corner of Broadway and Maple on November 5th and 6th from 10AM to 3PM. 10. Application and Permit for Use of Borough Property from the Freedom from Religion Foundation to place a Bills of Rights display in the Mini Park continuously from November 25, 2022 through January 6, 2023. (certificate of insurance provided) (To Receive and File) APPROVAL and/or RECEIPT AND FILE OF COMMUNICATIONS Motion on Communications by Consent MM: 2nd: Roll Call: Pacheco, McDermott, Davidson, McNamara, Araneo, Peperoni MINUTES FOR APPROVAL January 18, 2022 Regular Meeting Minutes July 19, 2022 Regular Meeting Minutes REPORTS 1. Municipal Clerk’s Report for July 2022 2. Tax/Water/Sewer Collector’s Report for July 2022 3. Board of Health Treasurer’s Report for July 2022 4. Building Department Monthly Report for July 2022 5. Municipal Court Monthly Report for July 2022 6. KFD PR/PIO Report June-July 2022 MM: 2nd: Ayes: Nays: NEW BUSINESS Rent/PILOT Harbor Commission Requests UNFINISHED BUSINESS KBBC Request to Place Gazebo in the Mini Park Keyport Parking Advisory Committee Final Report dated July 12, 2022 6 DAIS UPDATES PUBLIC COMMENT PORTION The Meeting is opened to the public for comment. Please limit comment to no more than five minutes per person. Opened: Closed: MM: 2nd: Ayes: Nays: CLOSED SESSION Closed Session Resolution #2022-192 - Collective Bargaining ADJOURNMENT Motion to Adjourn moved by: 2nd: Time of Adjournment: PM 7

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