1. 2. 3. 4. 5. 6. 7. PLEDGE OF ALLEGIANCE ROLL CALL SUNSHINE STATEMENT SUSPEND REGULAR ORDER OF BUSINESS RESUME REGULAR ORDER OF BUSINESS WORKSHOP APPROVAL OF MINUTES 7.I. Draft Minutes Of 11/28/2018 Documents: DRAFT MINUTES 11-28-2018.PDF 8. 9. 10. MAYORAL APPOINTMENTS REPORTS OF MAYOR AND COUNCIL MEMBERS COMMUNICATIONS AND PETITIONS 10.I. Recommended For Approval By Special Events Committee (All Approvals Subject To Final Plan Review) Request from Monmouth Day Care to hold their 10 th Annual Touch a Truck event on Saturday, September 21, 2019 from 10am to 12noon. Request from Life Vest Inside to hold their 8 th Annual Dance for Kindness on Broad Street between Front Street and Wallace Street from 12noon to 2pm on Sunday, November 10, 2019. Request from the Rivalry Series to hold their annual Flag Football Tournament to Benefit Lunch Break at Count Basie Field on Friday, November 19, 2019. 11. 12. 13. PUBLIC COMMENT--Ordinances On First Reading And Resolutions Only ORDINANCES - First Reading ORDINANCES - Public Hearing And Final Adoption 13.I. 2018-36 An Ordinance Amending And Supplementing Chapter 85 Mayor And Council, Article IV: Committees Sections 85-8 Duties Of Standing Committees Of Council. Documents: 2018-36 PUBLIC HEARING.PDF 13.II. 2018-37 An Ordinance Amending Chapter 680, "Vehicles And Traffic," Subsection 680-60, "Schedule XXVI: Restricted Parking For Handicapped Persons" Of The Revised General Ordinances Of The Borough Of Red Bank. Documents:
2018-37 PUBLIC HEARING.PDF 13.III. 2018-38 An Ordinance Amending And Supplementing Chapter 490, Planning And Development Regulations, Relating To Signs Documents: 2018-38 PUBLIC HEARING.PDF 13.IV. 2018-39 An Ordinance Amending Borough Code Chapter 490: Planning And Development Regulations To Modify Standard Of Measurement For New Trees And To Clarify Standard Of Measurement For Existing Trees. Documents: 2018-39 PUBLIC HEARING.PDF 13.V. 2018-40 An Ordinance Adopting A Redevelopment Plan For The Property Identified On The Borough s Official Tax Map As Block 3, Lots 2.01, 4.01, 6, 7.01 AND 9.01. Documents: 2018-40 PUBLIC HEARING.PDF 14. RESOLUTIONS 14.I. 18-285 A Resolution Confirming Time And Place Borough Council Meetings For 2018. Documents: 18-285.PDF 14.II. 18-286 A Resolution For Renewal Of Membership In The Central Jersey Health Insurance Fund. Documents: 18-286.PDF 14.III. 18-287 A Resolution Authorizing Acceptance Of Grant Agreement Between The Borough And The County Of Monmouth, Department Of Human Services, Division On Aging, Disabilities And Veterans Services. Documents: 18-287.PDF 14.IV. 18-288 A Resolution Requesting Authorization To Cancel Grant Appropriation Reserves For A Total Of $8,128.52 And Grant Receivable Balance Of $6,600.00. Documents: 18-288.PDF 14.V. 18-289 A Resolution To Cancel Balances In Capital Improvement Ordinances. Documents:
18-289.PDF 14.VI. 14.VII. 18-290 A Resolution Ratifying And Confirming The Appointment Of A Full-Time Communications Officer (Dispatcher) Not yet drafted 18-291 A Resolution In Support Of Affordable, Consumer Driven Financial Services At The Post Office. Documents: 18-291.PDF 14.VIII. 18-292 A Resolution Authorizing Tax Appeal Settlement Regarding R B Realty Associates, 100 Chapin Avenue, Block 84, Lot 1.01, Red Bank, New Jersey. 14.IX. Documents: 18-292.PDF 18-293 A Resolution Authorizing And Approving Collective Negotiation Agreement Between The Borough Of Red Bank And P.B.A. Local #39 For The Years 2018 Through 2021. Documents: 18-293.PDF 14.X. 14.XI. 18-294 A Resolution Awarding A Fair And Open Professional Services Contract For Grant Writing Services. Not yet drafted. 18-295 A Resolution Authorizing An Access Agreement With Riverview Towers. Not yet drafted. 15. 16. PROCLAMATIONS PAYMENT OF VOUCHERS 16.I. A Resolution For Payment Of Bills Amounting To $1,876,685.92 Documents: BILL LIST.PDF 17. 18. 19. 20. 21. 22. OLD BUSINESS NEW BUSINESS AUDIENCE EXECUTIVE SESSION ADJOURN EXECUTIVE SESSION ADJOURNMENT
MINUTES REGULAR MEETING MUNICIPAL COUNCIL BOROUGH OF RED BANK November 28, 2018 6:30 P.M. PLEDGE OF ALLEGIANCE ROLL CALL PRESENT: ALSO PRESENT: ABSENT: SUNSHINE STATEMENT Mayor Menna and Council Members Taylor, Yngstrom, Ballard, Zipprich, and Horgan. Administrator Shehady, Borough Clerk Borghi and Attorney Cannon. Councilman Whelan Mayor Menna requested the minutes reflect that, in compliance with Public Law 1975, Chapter 231 (Open Public Meetings Act), notice of this meeting has been provided by notifying the Asbury Park Press, the Two River Times and the Star Ledger and by placing a notice on the bulletin board and filing same with the Borough Clerk on January 1, 2018. Councilman Taylor noted Rick Brandt was in the audience and wanted to address the Council regarding the Red Bank Cup event held the previous weekend. Mayor Menna called on Mr. Brandt who came forward and reviewed the highlights of the event. He thanked the Council for their support and Council members thanked him for organizing the event. EXECUTIVE SESSION 18-283 Mayor Menna read a resolution to adjourn to executive session to discuss Contract Negotiation and Potential Litigation; no action to be taken. Councilman Zipprich offered a motion to adjourn to Executive Session, seconded by Councilwoman Horgan. Councilwoman Horgan offered a motion to adjourn from executive session and return to regular business, seconded by Councilman Zipprich. WORKSHOP No Workshop items. APPROVAL OF MINUTES November 7, 2018 - Workshop Meeting Councilman Ballard offered a motion to approve the minutes, seconded by Councilman Yngstrom. November 7, 2018 Regular Meeting Councilman Zipprich offered a motion to approve the minutes, seconded by Councilman Yngstrom. MAYORAL APPOINTMENTS. PUBLIC COMMENT Ordinances on First Reading and Resolutions Only
Mayor Menna opened the public comment portion of the meeting and asked if anyone would like to speak. Ben Forrest 16 Locust Avenue asked if the Ordinance listed as 2018-XX was regarding the VNA property. Mayor Menna said it was and it was scheduled for a vote to introduce later in the meeting. Sean DiSomma South Street asked about Bond Ordinances on the agenda and why one was for the Water Utility and on was for the Parking Utility. Mayor Menna reviewed the details of the Bond Ordinances and explained that the funding was coming from two different utilities. Attorney Cannon reiterated the information. Mr. DiSomma again questioned the purposes of the bonds. Mayor Menna read details from the ordinances and again noted they were two separate funds being bonded against. Mr. DiSomma asked for more details regarding language in the bonds. Administrator Shehady the funding would cover soft costs for a project. Attorney Cannon said the phrase not to exceed was a catch-all and the numbers would be based on a percentage. There was a discussion regarding the Borough s debt and balancing increases with decreases. Dan Riordan Elm Place asked about the English Plaza project. Mayor Menna explained that RiverCenter was funding the project, however, the Borough would be doing additional work that was the Borough s responsibility. Administrator Shehady noted that that would include items such as drainage and curbing. He said while they may use less than bonded, they didn t want to run short. No one else appearing, Councilman Ballard offered a motion to close the public comment portion, seconded by Councilwoman Horgan. Councilman Ballard said he wanted to note that, just because the Borough bonded for a certain amount did not mean they would need to spend it all. Administrator Shehady noted that the Council had previously passed a resolution to cancel old bonds. REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Ballard said he had met with the Police Chief in October to review ways to restructure the Department to save money. He noted the Police Department was the largest expense in the budget. He said the Finance Committee had met on October 22 to review the Bond Ordinances. He said there were some troubling issues regarding the Red Bank Housing Authority (RBHA). He said the Borough had made an appointment last August that the RBHA Board had not acted on. He said there had been an internal agreement for the Housing Authority to provide services to Cedar Crossing but said that had not been happening. He said there were no minutes listed on the Authority s website and said he was especially concerned with maintenance issues. He said he had called for the resignation of Michael Clancy due to some information that had surfaced during the recent campaign regarding inappropriate remarks he had made. Councilman Zipprich said he had attended the recent RiverCenter Board meeting and it was reported that the vacancy rate was down to five percent. He reviewed upcoming holiday events including the December 9 th Winter on Broad Street that would feature a temporary ice rink and life size snow globe. He said the district s Strategic Plan was almost complete and would be rolled out in early 2019. He said the English Plaza project they were overseeing was moving into the full design phase and said construction was expected to begin in April of next year and be completed by a target date of July 1. Councilwoman Horgan had no report. Councilman Yngstrom reviewed upcoming Parks & Recreation activities included the tree lighting in Johnny Jazz Park on December 1. He asked resident to check the website for updates because it may have to be postponed due to weather. He also reported that the Department has received a $1,000 grant from Target to be used for the soccer program. Councilman Taylor said the Environmental Commission/Green Team had already successfully attained Bronze status in the Sustainable Jersey program and had recently submitted an application for Silver status. He said they hoped to hear back soon.
Mayor Menna spoke on the Affordable Health Care issue and said there was a new program to get everyone covered in New Jersey. He said information was available it the Clerk s Office or at www.helphealthcare.gov. COMMUNICATIONS AND PETITIONS. ORDINANCES First Reading 2018-36 Mayor Menna read, An Ordinance Amending and Supplementing Chapter 85 Mayor and Council, Article IV: Committees Sections 85-8 Duties of Standing Committees of Council. Councilman Yngstrom offered a motion to approve the introduction of the ordinance, seconded by Councilman Taylor. 2018-37 Mayor Menna read, An Ordinance Amending Chapter 680, "Vehicles and Traffic," Subsection 680-60, "Schedule XXVI: Restricted Parking for Handicapped Persons" of the Revised General Ordinances of the Borough of Red Bank. Councilman Zipprich offered a motion to approve the introduction of the ordinance, seconded by Councilwoman Horgan. 2018-38 Mayor Menna read, An Ordinance Amending and Supplementing Chapter 490, Planning and Development Regulations, Relating to Signs. Councilman Taylor offered a motion to approve the introduction of the ordinance, seconded by Councilman Zipprich. 2018-39 Mayor Menna read, An Ordinance Amending Borough Code Chapter 490: Planning and Development Regulations to Modify Standard of Measurement for New Trees and to Clarify Standard of Measurement for Existing Trees. Councilman Yngstrom offered a motion to approve the introduction of the ordinance, seconded by Councilman Zipprich. Mayor Menna said before the Council considered an Ordinance for introduction listed on the agenda as 2018-XX and Ordinance 2018-31, he asked Redevelopment Attorney Joseph Baumann to come forward and review both ordinances. Mr. Baumann said both ordinances were in regard to a redevelopment plan for the property formerly occupied by the VNA. He said the first ordinance (2018-31) had been sent to the Planning Board for review. He reviewed specifics of the Board s recommendations. He said it was the responsibility of the Planning Board to look at the plan from strictly a Planning perspective. He said it was the job of the Governing Body to reflect on the plan and consider other aspects including the Borough s Affordable Housing obligation and their responsibility to the tax payers and finances of the Borough and to consider potential lawsuits. He reviewed the options the Council had before them. He said they could vote down the earlier ordinance and introduce a new one. He said if they rejected the Planning Board recommendations, they would need to state their reasons. He said it would need a vote of the full majority of the Council. He said he was recommending that the Council reject certain Planning Board recommendations regarding density but accept the recommendation requiring that the project meet LEED Silver rating. He said the reason for the recommendation was to strive for a goal of maximum affordable housing and to limit the financial burdens on the Project so as to maximize the ability to negotiate in the redevelopment
agreement for the maximum number of affordable housing units and other Borough benefits. He said the Redevelopment Plan would set maximums. He said the final plan could not go further that its scope but the Borough could negotiate something more restrictive. He said they could also negotiation signal/traffic pattern changes. He said they should strive to negotiate a project that would meet the Borough s goals and still leave the Developer able to build. He said he recommended that the Council vote on the earlier ordinance to reject it and introduce the new ordinance. Councilman Zipprich asked about the definition of Affordable Housing and asked it if was different from Section 8 housing. Mr. Baumann said Affordable Housing was not the same as Section 8 and said qualification was based on the median income levels for the area. He said he did not have the income information available but offered some examples of the type of households that might qualify. 2018-31 Mayor Menna read, An Ordinance Adopting a Redevelopment Plan for the Property Identified on the Borough s Official Tax Map as Block 3, Lots 2.01, 4.01, 6, 7.01 AND 9.01. Councilman Zipprich offered a motion to approve the reject the ordinance, seconded by Councilwoman Horgan. 2018-40 Mayor Menna read, An Ordinance Adopting a Redevelopment Plan for the Property Identified on the Borough s Official Tax Map as Block 3, Lots 2.01, 4.01, 6, 7.01 AND 9.01. (Revised) Councilman Yngstrom offered a motion to approve the introduction of the ordinance, seconded by Councilwoman Horgan. Mayor Menna announced that the ordinance would be scheduled for a Public Hearing to be held December 12, 2018 at 6:30 pm ORDINANCES Public Hearing and Final Adoption 2018-33 Mayor Menna read, A Bond Ordinance Providing for the 2018 Capital Improvement Program by and in the Borough of Red Bank, in the Council of Monmouth, State of New Jersey; Appropriating $3,374,800 therefor and Authorizing the Issuance of $2,637,800 Bonds or Notes to Finance Part of the Cost thereof. Mayor Menna opened the public hearing and asked if anyone would like to speak. No one appearing, Councilman Zipprich offered a motion to approve to close the public hearing, seconded by Councilman Yngstrom. Councilman Zipprich offered a motion to approve the adoption of the ordinance, seconded by Councilman Yngstrom. 2018-34 Mayor Menna read, A Bond Ordinance Providing for Various Improvement by the Water/Sewer Utility of the Borough of Red Bank, in the County of Monmouth, State of New Jersey; Appropriating $1,450,000 therefor and Authorizing the Issuance of $1,450,000 Bonds or Notes to Finance the Cost thereof. Mayor Menna opened the public hearing and asked if anyone would like to speak. No one appearing, Councilman Zipprich offered a motion to approve to close the public hearing, seconded by Councilman Taylor.
Councilman Ballard offered a motion to approve the adoption of the ordinance, seconded by Councilman Zipprich. 2018-35 Mayor Menna read, A Bond Ordinance Providing for Various Improvements by the Parking Utility of the Borough of Red Bank, in the County of Monmouth, State of New Jersey; Appropriating $422,000 therefor and Authorizing the Issuance of $422,000 Bonds or Notes to Finance the Cost thereof. Mayor Menna opened the public hearing and asked if anyone would like to speak. No one appearing, Councilman Zipprich offered a motion to approve to close the public hearing, seconded by Councilwoman Horgan. Councilman Ballard offered a motion to approve the adoption of the ordinance, seconded by Councilman Zipprich. RESOLUTIONS Mayor Menna asked if there was any objection to moving the resolutions en masse. Councilman Ballard asked about Resolution 18-281 regarding transfers in the current fund. Administrator Shehady explained the need to transfer funds to cover possible additional snow removal expenses and legal expenses. Mayor Menna said Resolution 18-280 would appoint a Special Counsel for a class action lawsuit. He said participation would not cost the Borough anything but was on contingency only. Sean DiSomma asked to address the Council. Mayor Menna said they would hear his comments. Mr. DiSomma asked about the Red Bank Affordable Housing Corporation. He asked if they were required to be a non-profit and claimed they were not up to date on certain financial filings. He accused them of not following a random selection process and cited an example in Cedar Crossing. He asked the Council to do due diligence and look into who was receiving units. He also questioned the awarding of a contract to Monmouth Telecom. He asked if it was a new contract. Administrator Shehady said it was a new contract but the Borough may have used them in the past. Mr. DiSomma criticized the company. William Poku 90 Bank Street said he agreed with Mr. DiSomma s comments and asked the Council to look into the matter. He said the NAACP had not been included in the process. Mayor Menna said the Council would vote on the resolutions individually. 18-274 Mayor Menna read, A Resolution Regarding the 2019 Reorganization Meeting of the Government Body. Councilman Ballard offered a motion to approve the resolution, seconded by Councilman Zipprich. 18-275 Mayor Menna read, A Resolution Authorizing Premiums more than Five Years Old and Premiums on Foreclosed Liens be Transferred to the Borough of Red Bank MRNA. Councilman Ballard offered a motion to approve the resolution, seconded by Councilman Zipprich.
18-276 Mayor Menna read, A Resolution Awarding a Contract to Monmouth Telecom for Telephone and Internet Service. Councilman Yngstrom offered a motion to approve the resolution, seconded by Councilman Ballard. 18-277 A Resolution Authorizing the Borough of Red Bank to Enter into a Contract with The Red Bank Affordable Housing Corporation to Serve as the Borough s COAH Administrative Agent. Councilman Ballard offered a motion to table the resolution, seconded by Councilman Taylor. Taylor, Ballard, Zipprich Yngstrom, Horgan There being three ayes and two nays, the motion was declared tabled. 18-278 A Resolution Awarding a Professional Services Contract to CME Associates for Engineering Services for the Preparation of a New Jersey Infrastructure Financing Program Application for White Street Improvements. Councilman Zipprich offered a motion to approve the resolution, seconded by Councilman Taylor. 18-279 A Resolution Requesting Approval of Special Item of Revenue and Appropriation According to N.J.S.A. 40A:4-87 ($1,597.00 FM Global Fire Prevention Grant) Councilman Yngstrom offered a motion to approve the resolution, seconded by Councilman Ballard. 18-280 A Resolution Retaining Michael D. Fitzgerald, Esq. to Represent the Borough of Red Bank in a Class Action Lawsuit Against Lexis Nexis under a Contingent Fee Arrangement. Councilman Zipprich offered a motion to approve the resolution, seconded by Councilwoman Horgan. 18-281 A Resolution Authorizing Transfer of 2018 Current Fund Councilman Ballard offered a motion to approve the resolution, seconded by Councilman Zipprich. 18-282 A Resolution Granting Environmental Remediation and Financial Services, LLC Request to Conduct Borings and Install Three Temporary Monitoring Devices on Behalf of Raymond Rapcavage and Ray Rap Realty in the Public Roadway Adjacent to Harding Road on Clay Street. Councilman Zipprich offered a motion to approve the resolution, seconded by Councilman Yngstrom.
PROCLAMATIONS. PAYMENT OF VOUCHERS 18-284 Mayor Menna read, A Resolution for Payment of Bills Amounting to $5,718,783.43. Councilman Ballard offered a motion to approve the resolution, seconded by Councilman Taylor. Administrator Shehady said he would to address Resolution 18-277 that had been tabled. He said if the Council did not appoint an Administrative Agent they would be without one. He said one of the comments from public had been incorrect. He said the NAACP had been a party to the negotiations and had specifically asked that this action be taken. He said Mr. Poku s comments were not representative of the NAACP. He also said, to his knowledge, this Administrative Agent was not required to be a non-profit. He said whether or not they had handled certain IRS paperwork was inconsequential to the Borough because, once they entered the contract, they would be required to submit that paperwork to consummate the agreement. A discussion of the paperwork followed. Attorney Cannon recommended the Council approve the resolution subject to review of their documentation by the Administrator or Attorney. Councilman Taylor said his concern was the lack of experience of the agency. He said he would vote to keep the current agent. Councilman Ballard said he had made a motion to table because comments from the audience had given him pause. He said he felt the information had been cleared up. He said he did not object to moving forward. Mayor Menna called for a motion to move the resolution with the amendment that it was subject to review by the Attorney. 18-277 Mayor Menna read, A Resolution Authorizing the Borough of Red Bank to Enter into a Contract with The Red Bank Affordable Housing Corporation to Serve as the Borough s COAH Administrative Agent. Councilman Zipprich offered a motion to approve the resolution as amended, seconded by Councilwoman Horgan. Yngstrom, Ballard, Zipprich, Horgan Taylor There being three ayes and two nays, the motion was declared approved. OLD BUSINESS. NEW BUSINESS Councilman Zipprich reported the Lunch Break was holding their annual toy drive and offered information on how to donate. AUDIENCE Ben Forest 16 Locust Ave said he had concerns that the public had not had a chance to comment before the vote on the introduction of the Redevelopment Ordinance. He said he had attended the Planning Board meetings and said he felt the Council should have listened to the Board and noted the experience of the members. He said he felt the Master Plan should be revised and questioned zoning only one area. He asked that the Council consider redevelopment issues. Attorney Cannon noted there would be a Public Hearing on December 12, 2018. Dan Riordan 53 Elm Place said he disagreed with the Council s decision. He said he felt the negotiation should start at the low end. He reviewed details of the plan that he had concerns and objections to.
Freddie Boynton PO Box 2074, Red Bank thanked those Council members who had come to the Lodge event. He reported that there had been a lot of beer bottles and litter in Count Basie Park after the previous weekend s events. He asked if beer was allowed in a Borough park. He called for bag checks. He also said he did not fill the Borough Administrator was as welcoming as those in other towns. Sean DiSomma South Street asked about the process to select Monmouth Telecom and said he felt the company had poor customer service. He also asked the Council to do their due diligence regarding the Red Bank Affordable Housing Corporation and to report back. He also asked Councilman Taylor about the status of the revisions to the Code. Administrator Shehady said a recommendation had been given to the Mayor and Council at the last Workshop meeting. He said the Borough had solicited quotes and received responses from 5 to 6 vendors. He said their references had been verified and said he had also spoken to municipal agencies that had used their services. He said he had heard nothing but rave reviews regarding Monmouth Telecom and noted they were also the least expensive. He said the fact that they were a local company helped to keep fiber costs lower. Regarding the Red Bank Affordable Housing Corporation, he said he wanted to clarify that they were the Administrative Agent for the Borough s Affordable Housing which did not include Cedar Crossing. He said RBAH oversees housing done through set asides by developers and Cedar Crossing did not fall into that category. He said the process used by RBAH was set by State statute and their work was overseen by the Department of Community Affairs. Sue Viscomi 25 Cedar Place spoke of Code issues on her street and asked how many hang tags had been issued by the Code Enforcement. She also asked how many buses at the Count Basie Theatre had been ticketed for idling. Mayor Menna said, if that was the case, tickets should be issued. Administrator Shehady said he wanted to clarify that many of the buses had a separate generator that continued to run to maintain certain services but said they weren t idling. He said that generator would not fall under the antiidling legislation. Ms. Viscomi questioned the environmental impact of the generator. She again asked how many hang tags had been issued. Mayor Menna suggested she file an OPRA request. Ms. Viscomi asked about a specific complaint. Administrator Shehady was able to access the complaint log and confirm that her complaint had been received and logged in No one else appearing, Councilman Yngstrom offered a motion to close the public comment portion, seconded by Councilman Taylor. EXECUTIVE SESSION. ADJOURNMENT Councilman Yngstrom offered a motion to adjourn the meeting, seconded by Councilman Taylor. Respectfully submitted, Pamela Borghi
ORDINANCE NO. 2018-36 ORDINANCE OF THE BOROUGH OF RED BANK, COUNTY OF MONMOUTH, NEW JERSEY AMENDING AND SUPPLEMENTING CHAPTER 85 MAYOR AND COUNCIL, ARTICLE IV: COMMITTEES SECTIONS 85-8 DUTIES OF STANDING COMMITTEES OF COUNCIL Councilman Yngstrom offered the following ordinance and moved its introduction on first reading: WHEREAS, the Mayor and Council of the Borough of Red Bank believe that the liaison to the Environmental Commission should not be part of the duties of the Code Enforcement, Environmental Control, Health, Welfare and Building Codes Committee but should be independently appointed; NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the Borough of Red Bank that Chapter 85 Mayor and Council of the Revised General Ordinances of the Borough of Red Bank, Monmouth County, Article IV: Committees is hereby amended and supplemented as follows: SECTION ONE: Subsection 85-8 is hereby amended and supplemented as follows (stricken text denotes deletions, underlined text denote additions): Article IV COMMITTEES. 85-8 Duties of standing committees of Council. A. through D. [Unchanged] E. Code Enforcement, Environmental Control, Health, Welfare and Building Codes Committees. The Code Enforcement, Environmental Control, Health, Welfare and Building Codes Committees shall have primary responsibility for the following described activities and matters: (1) Welfare and poor relief activities. (2) Public health nursing. (3) Air, water and other environmental pollution. (4) Liaison between the Council and the Environmental Commission. (5) (4) The Construction Official and his office. (6) (5) Code enforcement. F. [Unchanged] SECTION TWO: Any ordinances or portions thereof which are inconsistent with the provisions of this Ordinance are hereby repealed as of the effective date of this Ordinance. All other provisions of the Revised General Ordinances are ratified and remain in full force and effect. SECTION THREE: If any provision of this Ordinance or the application of such provision to any person or circumstance is declared invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect, and to this end, the provisions of this Ordinance are declared to be severable. SECTION FOUR: This Ordinance shall take effect immediately upon its passage and
adoption according to law. Seconded by Councilman Taylor and introduced on roll call by the following vote: Yes No Abstain Absent Councilman Taylor ( X ) ( ) ( ) ( ) Councilman Whelan ( ) ( ) ( ) ( X ) Councilman Yngstrom ( X ) ( ) ( ) ( ) Councilman Ballard ( X ) ( ) ( ) ( ) Councilman Zipprich ( X ) ( ) ( ) ( ) Councilwoman Horgan ( X ) ( ) ( ) ( ) Dated: November 28, 2018
ORDINANCE NO. 2018-37 ORDINANCE AMENDING CHAPTER 680, "VEHICLES AND TRAFFIC", SUBSECTION 680-60, "SCHEDULE XXVI: RESTRICTED PARKING FOR HANDICAPPED PERSONS" OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RED BANK Councilman Zipprich offered the following ordinance and moved its introduction: WHEREAS, certain residents of the Borough have requested handicapped parking spaces in the vicinity of their homes to accommodate their handicaps; and WHEREAS, the Police Department has investigated these requests and has recommended that the handicapped parking restrictions be established; NOW THEREFORE BE IT ORDAINED by the Governing Body of the Borough of Red Bank that Chapter 680, Vehicles and Traffic, Subsection 680-60, Schedule XXVI: Restricted Parking for Handicapped Persons, is amended and supplemented as follows: SECTION ONE: Subsection 680-60C Public Streets is amended and supplemented to add the following parking space(s) located on a public street: The following location is hereby designated as a restricted parking spaces for use by persons who have been issued special vehicle identification cards by the New Jersey Motor Vehicle Commission. Only the following New Jersey handicap license placard: P1740189 may park in this designated parking space. No other persons shall be permitted to park in this place. This ordinance shall remain in effect only as long as the aforementioned handicap license placard is valid. Name of Street Side Location Washington St (P1605942) West Beginning at a point 116 feet north of the northwest intersection of Washington Street and Linden Place continuing north for a distance of 22 Feet. This space is located on the roadway across from the residence commonly known as 85 Washington St. SECTION TWO: Any ordinances or portions thereof which are inconsistent with the provisions of this Ordinance are hereby repealed as of the effective date of this Ordinance. All other provisions of the traffic ordinance are ratified and remain in full force and effect. SECTION THREE: If any provision of this Ordinance or the application of such provision to any person or circumstance is declared invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect, and to this end, the provisions of this Ordinance are declared to be severable. SECTION FOUR: This Ordinance shall take effect immediately upon its passage and adoption according to law. Seconded by Councilwoman Horgan and adopted on roll call by the following vote: Yes No Abstain Absent Councilman Taylor ( X ) ( ) ( ) ( ) Councilman Whelan ( ) ( ) ( ) ( X ) Councilman Yngstrom ( X ) ( ) ( ) ( ) Councilman Ballard ( X ) ( ) ( ) ( ) Councilman Zipprich ( X ) ( ) ( ) ( ) Councilwoman Horgan ( X ) ( ) ( ) ( ) Dated: November 28, 2018
ORDINANCE NO. 2018-38 ORDINANCE OF THE BOROUGH OF RED BANK, COUNTY OF MONMOUTH, NEW JERSEY AMENDING AND SUPPLEMENTING CHAPTER 490, PLANNING AND DEVELOPMENT REGULATIONS, RELATING TO SIGNS Councilman Taylor offered the following ordinance and moved its introduction on first reading: WHEREAS, the Borough of Red Bank s current sign regulations consist of approximately thirty (30) pages of the Borough Code book, broken downs as 12 pages of the written sign ordinance text, two pages of charts, 13 pages of attachments and a total of about 3 pages of code book text within various zone districts; and, WHEREAS, the Borough s Governing Body desires to simplify and shorten the sign regulations to make them easier to understand and regulate; and, WHEREAS, a significant portion of the Borough s sign regulations and options are rarely, if ever, utilized rendering them essentially useless; and, WHEREAS, eliminating these unneeded and unused regulations will shorten and be a step towards simplifying the sign regulations; and, WHEREAS, the following proposed amendments to the sign ordinance, by eliminating unused sections, shortens the sign ordinance from approximately 30 pages to approximately 19 pages; WHEREAS, the Borough also seeks to ease and simplify the rules pertaining to sign shape, minimum letter sizes, holiday signs and the size of projecting signs. NOW THEREFORE, BE IT ORDAINED by the Governing Body of the Borough of Red Bank that Chapter 490 of the Revised General Ordinances of the Borough of Red Bank, Monmouth County is hereby amended and supplemented as follows: SECTION 1. 490 Planning and Development Regulations, is hereby amended as follows: Delete the following: 490 Attachment I, Schedule A Sign Regulations, delete under sign face configuration the entire column titled Required Shape; and, 490 Attachment I, Schedule A Sign Regulations, delete under sign type the entire rows beginning with G1, G-C1, G-C2, G-C3, W-C1, W-C2, P-C1 & R-C1; and, 490 Attachment I, Schedule A Sign Regulations, delete the column Minimum Letter Height, and, 490 Attachment I, Schedule A Sign Regulations, delete under NOTES the following notes; 1, 2, 3 & 4; and, 490 Attachment I, Schedule A Sign Regulations, delete the required height and length and increase the permitted area to 6 s.f. for sign type P1. 490 Attachment 2, Schedule A Sign Types, delete the following figures; VIII-8A, VIII-8I, VIII-8J, VIII-8K, VIII-8L & VIII8; and 490-104D(3)(c); and, 490-143C(3)(b) delete reference to G1 ; and, 490-143D(7); and, 490-144D(4); and, 490-145D(4); and, 490-146D(7); and, 490-147D(5); and, 490-148D(4); and, 490-149D(2); and, 490-150D(6); and, 490-151D(7). Page1 Draft: March 7, 2017
Amend the following: Replace 490-104B Application Procedures with; Application shall be made to the administrative officer for the issuance of a development permit by any person wishing to erect, alter, modify or expand any sign, except minor signs as described in Section D(1) of this section. The development permit shall be decided and acted upon in accordance with this Chapter and the Municipal Land Use Law. Sections (b), (c) and (2) are to be deleted in their entirety. 490 104C(8) Signs in right-of-way. No sign or any part of a sign, except Type J or U approved projecting signs and/or sidewalk signs or publicly owned or authorized signs, shall be placed or extend into or over any public right-of-way. 490-104D(1)(e). Non-illuminated window signs visible in windows of business uses abutting a public roadway or parking facility, provided that the total graphic content coverage area of a window sign shall not exceed 20% of the area of the window in which it is exhibited, and the aggregate area of all window sings shall not exceed 15% of the total window area of all windows containing any signs; provided, however, that a minimum of 20 square feet of window signs will be permitted regardless of window area covered. 490-104D(4) replace with; Signs not permitted or failing to conform to sign standards shall require Planning Board or Zoning Board approval as determined by the Administrative Officer. 490-104D(1)(r) replace with; Special sales signs, meeting the restrictions of Subsection E(2)(a)(1) and (2) of this section, displayed not more than three days prior nor three days after any Federally designated holiday. Add the following: 490-104C(20). Letter Height. All signs shall have a minimum 2 letter height. SECTION 2: A copy of this Ordinance, upon introduction, shall be provided to all appropriate municipal agencies, including the Planning Board, for their review and comment pursuant to applicable New Jersey Statutes. SECTION 3: Any ordinances or portions thereof which are inconsistent with the provisions of this Ordinance are hereby repealed as of the effective date of this Ordinance. All other provisions of the Revised General Ordinances are ratified and remain in full force and effect. SECTION 4: If any provision of this Ordinance or the application of such provision to any person or circumstance is declared invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect, and to this end, the provisions of this Ordinance are declared to be severable. SECTION 5: This Ordinance shall take effect immediately upon its passage and adoption according to law. Seconded by Councilman Zipprich and adopted on roll call by the following vote: Yes No Abstain Absent Councilman Taylor ( X ) ( ) ( ) ( ) Councilman Whelan ( ) ( ) ( ) ( X ) Councilman Yngstrom ( X ) ( ) ( ) ( ) Councilman Ballard ( X ) ( ) ( ) ( ) Councilman Zipprich ( X ) ( ) ( ) ( ) Councilwoman Horgan ( X ) ( ) ( ) ( ) Dated: November 28, 2018 Page2 Draft: March 7, 2017
ORDINANCE NO. 2018-39 ORDINANCE OF THE BOROUGH OF RED BANK, COUNTY OF MONMOUTH, STATE OF NEW JERSEY AMENDING BOROUGH CODE CHAPTER 490: PLANNING AND DEVELOPMENT REGULATIONS TO MODIFY STANDARD OF MEASUREMENT FOR NEW TREES AND TO CLARIFY STANDARD OF MEASUREMENT FOR EXISTING TREES Councilman Yngstrom offered the following ordinance and moved for its introduction: BE IT ORDAINED by the Governing Body of the Borough of Red Bank, County of Monmouth, State of New Jersey, that Chapter 490: Planning and Development Regulations and Chapter 665: Trees of the Borough s Revised General Ordinances are amended and supplemented as follows (stricken text indicates deletions, underlined text indicates additions): 490-62(B)(8) The boundary, nature and extent of wooded areas, swamps, bogs and ponds within the site and within 200 feet thereof; any specimen trees 12 inches DBHin diameter (measured 4.5 feet above ground level) or larger on the site. 490-64(B)(26) If the Borough Engineer, Planning Board or Board of Adjustment, or Environmental Commission determines that existing trees located on the site may have an effect on the proper layout of the subdivision, it may be required that the location, caliper and type be shown on the plat for the following: (a) (b) (c) (d) Living deciduous trees having a trunk of six inches diameter or more at breast height (measured 4.5 feet above ground level). All living coniferous trees having a trunk of six inches diameter or more diameter at breast height (measured 4.5 feet above ground level). All living dogwood (Cornus florida) or American holly (Ilex opaca) trees having a trunk of one inch or greater diameter at breast height (measured 4.5 feet above ground level). All native laurel (Kalmia latifolia) shrubs having a root crown of three inches or greater measured at the soil or surface level. 490-65(B)(31) If the Borough Engineer, Planning Board or Environmental Commission determines that existing trees located on the site may have an effect on the proper layout of the site, it may be required that the location, caliper and type be shown on the plat for the following: (a) (b) (c) (d) Living deciduous trees having a trunk of six inches diameter or more at breast height (measured 4.5 feet above ground level). All living coniferous trees having a trunk of six inches diameter or more diameter at breast height (measured 4.5 feet above ground level). All living dogwood (Cornus florida) or American holly (opaca) trees having a trunk of one inch or greater diameter at breast height (measured 4.5 feet above ground level). All native laurel (Kalmia latifolia) shrubs having a root crown of three inches or greater measured at the soil or surface level. 490-66(B)(13) Where required by the Planning Board or Board of Adjustment or Environmental Commission, the location, caliper and type of all: (a) (b) (c) Living deciduous trees having a trunk of six inches diameter or more at breast height (measured 4.5 feet above ground level). All living coniferous trees having a trunk of six of six inches diameter or more diameter at breast height (measured 4.5 feet above ground level). All living dogwood (Cornus florida) or American holly (Ilex opaca)
(d) trees having a trunk of one inch or greater diameter at breast height (measured 4.5 feet above ground level). All native laurel (Kalmia latifolia) shrubs having a root crown of three inches or greater measured at the soil or surface level. 490-81(C)(8) Trees shall be planted with a minimum diameter of two inches at breast height caliper of three inches (measured 6 inches above ground level). 490-98(I)(2)(d) Notwithstanding the use of maintenance-free materials, there shall be provided at least one deciduous tree two inches in diameter at breast height at least three inches in caliper (measured 6 inches above ground level) every 40 feet, or part thereof, on all for plantings if necessary for traffic safety. The area between trees shall be planted with a minimum of three evergreen-type shrubs. The portions of the safety island within 25 feet of any access drive or street intersection shall be planted with evergreen shrubs less than 30 inches in height. Alternate or additional plantings may be permitted by the municipal agency in accordance with an approved site plan. 490-98(L)(3) Unless otherwise approved by the municipal agency, they shall be planted with deciduous trees of two-inch diameter at breast height at least three inches in caliper (measured 6 inches above ground level) with a maximum distance between trees at ground level of 40 feet. All trees shall be planted in accordance with the appropriate requirements of 490-81 of this chapter. The area between trees shall be planted with a minimum of three evergreen-type shrubs. BE IT FURTHER ORDAINED that a copy of this Ordinance, upon introduction, shall be provided to all appropriate municipal agencies for their review and comment. BE IT FURTHER ORDAINED that any ordinances or portions thereof which are inconsistent with the provisions of this Ordinance are hereby repealed as of the effective date of this Ordinance. All other provisions of the Revised General Ordinances are ratified and remain in full force and effect. BE IT FURTHER ORDAINED that, if any provision of this Ordinance or the application of such provision to any person or circumstance is declared invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect, and to this end, the provisions of this Ordinance are declared to be severable. BE IT FURTHER ORDAINED that this Ordinance shall take effect immediately upon its passage and adoption according to law. Seconded by Councilman Zipprich and adopted on roll call by the following vote: Yes No Abstain Absent Councilman Taylor ( X ) ( ) ( ) ( ) Councilman Whelan ( ) ( ) ( ) ( X ) Councilman Yngstrom ( X ) ( ) ( ) ( ) Councilman Ballard ( X ) ( ) ( ) ( ) Councilman Zipprich ( X ) ( ) ( ) ( ) Councilwoman Horgan ( X ) ( ) ( ) ( ) Dated: November 28, 2018
ORDINANCE NO. 2018-40 AN ORDINANCE OF THE BOROUGH OF RED BANK, COUNTY OF MONMOUTH, NEW JERSEY ADOPTING A REDEVELOPMENT PLAN FOR THE PROPERTY IDENTIFIED ON THE BOROUGH S OFFICIAL TAX MAP AS BLOCK 3, LOTS 2.01, 4.01, 6, 7.01 AND 9.01 Councilman Yngstrom offered the following ordinance and moved for its introduction: WHEREAS, on May 10, 2017 the Borough Council of the Borough of Red Bank (the Borough Council ) previously adopted resolution No. 17-107 directing the Planning Board of the Borough of Red Bank (the Planning Board ) to undertake a preliminary investigation to determine whether those parcels identified on the Borough s tax map as Block 3, Lots 2.01, 4.01, 6, 7.01 and 9.01 (the Study Area ), met the statutory criteria to be designated as an Area in Need of Rehabilitation pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-3 et seq. (the LRHL ); and WHEREAS, the Planning Board held a public hearing on July 17, 2017 regarding the preliminary investigation of the property and were found to meet the standard for an area in need of rehabilitation designation and subsequently adopted a resolution recommending that the Borough Council designate the Study Area as an Area in Need of Rehabilitation pursuant to the LRHL; and WHEREAS, the Borough Council subsequently adopted Resolution No. 17-174 on July 26, 2017, designating the Study Area as an Area in Need of Rehabilitation in accordance with the Planning Board s recommendation and the LRHL; and WHEREAS, CME prepared the redevelopment plan dated September 6, 2018 providing the development standards for the Study Area (on file with the Borough Clerk) (the Redevelopment Plan ); and WHEREAS, pursuant to the LRHL, the Planning Board must review the Redevelopment Plan and transmit its recommendations relating to the Redevelopment Plan to the Borough Council in accordance with the provisions of N.J.S.A. 40A:12A-7(e) of the LRHL; and WHEREAS, on October 10, 2018 the Borough Council adopted a resolution directing the Planning Board to review the Redevelopment Plan and transmit its recommendations relating to the Redevelopment Plan to the Borough Council in accordance with the LRHL; and WHEREAS, on October 10, 2018 the Borough Council introduced ordinance numbered 2018-31 adopting the Redevelopment Plan, to ensure the success of redevelopment within the Study Area in conformity with the Borough s redevelopment objectives; and WHEREAS, on October 15, 2018 and November 19, 2018 the Planning Board met and discussed the Redevelopment Plan; and WHEREAS, on November 19, 2018 the Planning Board adopted a resolution determining that no inconsistencies with the Borough s Master Plan were identified in the Redevelopment Plan and further favorably recommending the adoption of the Redevelopment Plan with the following changes: a. The maximum density be set at 80 dwelling units to the acre without any density bonuses. b. Of the twelve permissible density bonuses contained on page 10 of the Redevelopment Plan, the first eight of those be made mandatory requirements. WHEREAS, the Borough Council has considered the recommendations of the Planning Board and determined not to set the maximum density at 80 units per acre because such density is consistent with other projects in the area and the reduction in such maximum density will undermine the Borough s desire to maximize the number of affordable housing units and limit the Borough s ability to negotiate the maximum benefits for the Borough through the redevelopment agreement; and 73665-008: 814101.1
WHEREAS, the Borough Council has determined to address the Planning Board s recommendation concerning the first eight density bonus items on page 10 of the Redevelopment Plan by making the eighth density bonus items requiring that the project meet LEED Silver rating mandatory with a five unit density bonus but having the remaining density bonus items be optional with the density bonuses as set forth in the Redevelopment Plan; WHEREAS, as with the determination by the Borough Council to not accept the change in the maximum density set forth above, the Borough Council has determined to not make items one through seven on page 10 mandatory in order to limit the financial burdens on the Project so as to maximize the ability to negotiate in the redevelopment agreement for the maximum number of affordable housing units and other Borough benefits; WHEREAS, in light of the changes to the Redevelopment Plan to address the recommendations of the Planning Board as described above and as set forth in the revised Redevelopment Plan dated November 26, 2018 (on file with the Borough Clerk) (the Revised Redevelopment Plan ) the Borough Council will not adopt ordinance numbered 2018-31; and WHEREAS, the Borough Council believes that the adoption of the Revised Redevelopment Plan is in the best interests of the Borough and the development of the Study Area. NOW, THEREFORE, BE IT ORDAINED by a vote a majority of the full governing body of the Borough of Red Bank, County of Monmouth, State of New Jersey (as required by N.J.S.A. 40A:12A-7(e)) as follows: 1. The aforementioned recitals are incorporated herein as though fully set forth at length 2. The Borough Council hereby adopts the Revised Redevelopment Plan, pursuant to the terms of N.J.S.A. 40A:12A-7 of the Redevelopment Law. 3. The zoning ordinances of the Borough are hereby amended to include the amendments indicated in the Revised Redevelopment Plan and the provisions therein. 4. In case any one or more of the provisions of this Ordinance or the Revised Redevelopment Plan shall, for any reason, be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Ordinance or the Revised Redevelopment Plan and this Ordinance shall be construed and enforced as if such illegal or invalid provision had not been contained herein. 5. This Ordinance shall take effect upon final adoption and publication thereof according to law. Seconded by Councilwoman Horgan and adopted on roll call by the following vote: Yes No Abstain Absent Councilwoman Taylor ( X ) ( ) ( ) ( ) Councilman Whelan ( ) ( ) ( ) ( X ) Councilwoman Yngstrom ( X ) ( ) ( ) ( ) Councilwoman Ballard ( X ) ( ) ( ) ( ) Councilman Zipprich ( X ) ( ) ( ) ( ) Councilman Horgan ( X ) ( ) ( ) ( ) Dated: November 28, 2018 73665-008: 814101.1
BOROUGH OF RED BANK COUNTY OF MONMOUTH RESOLUTION NO. 18-285 A RESOLUTION CONFIRMING TIME AND PLACE OF BOROUGH COUNCIL MEETINGS FOR 2018 offered the following resolution and moved its adoption: BE IT RESOLVED by the Governing Body of the Borough of Red Bank that the meetings of the Mayor and Council of the Borough of Red Bank be held at 90 Monmouth Street, 1 st Floor, Red Bank, New Jersey as follows: Wednesday, January 9, 2019 (Workshop & Regular) Wednesday, January 23, 2019 (Regular) Wednesday, February 6, 2019 (Workshop) Wednesday, February 13, 2019 (Regular) Wednesday, February 27, 2019 (Regular) Wednesday, March 6, 2019 (Workshop) Wednesday, March 13, 2019 (Regular) Wednesday, March 27, 2019 (Regular) Wednesday, April 3, 2019 (Workshop) Wednesday, April 10, 2019 (Regular) Wednesday, April 24, 2019 (Regular) Wednesday, May 1, 2019 (Workshop) Wednesday, May 8, 2019 (Regular) Wednesday, May 22, 2019 (Regular) Wednesday, June 5, 2019 (Workshop) Wednesday, June 12, 2019 (Regular) Wednesday, June 26, 2019 (Regular) Wednesday, July 3, 2019 (Workshop) Wednesday, July 24, 2019 (Regular) Wednesday, August 7, 2019 (Workshop) Wednesday, August 21, 2019 (Regular) Wednesday, September 11, 2019 (Workshop & Regular) Wednesday, September 25, 2019 (Regular) Wednesday, October 2, 2019 (Workshop) Wednesday, October 9, 2019 (Regular) Wednesday, October 23, 2019 (Regular) Wednesday, November 6, 2019 (Workshop) Wednesday, November 13, 2019 (Regular) Tuesday, November 26, 2019 (Regular) Wednesday, December 4, 2019 (Workshop) Wednesday, December 11, 2019 (Regular) BE IT FURTHER RESOLVED that regular meetings scheduled to follow workshop sessions will begin upon the close of the workshop session at which time formal actions may be taken; BE IT FURTHER RESOLVED that the Clerk post a certified copy of this resolution on the bulletin board in Borough Hall, 90 Monmouth Street, Red Bank, New Jersey and a copy be sent to the Asbury Park Press, Star Ledger and Two River Times. Seconded by and adopted on roll call by the following vote: Yes No Abstain Absent Councilman Taylor ( ) ( ) ( ) ( ) Councilman Whelan ( ) ( ) ( ) ( ) Councilman Yngstrom ( ) ( ) ( ) ( ) Councilman Ballard ( ) ( ) ( ) ( ) Councilman Zipprich ( ) ( ) ( ) ( ) Councilwoman Horgan ( ) ( ) ( ) ( ) Dated: December 12, 2018