Milford Minutes - 2020

MILFORD BORO

MINUTES

2020

REGULAR MEETING

DATE: January 6, 2020

CALL TO ORDER The Regular Meeting of the Milford Borough Common Council was held in the Milford Fire Company Building on January 6, 2020. The meeting was called to order by Henry Schepens, Mayor at 7:00PM.

PLEDGE OFALLEGIANCE was led by Mayor Schepens. SUNSHINE PROCLAMATION was read by Mayor Schepens.

As required by the Open Public Meetings Act of 1975, adequate notice of this meeting was provided on December 19, 2019 in the Hunterdon County Democrat and Express Times newspapers. Notices were also posted on the bulletin boards both inside and outside the Municipal Building and at the Milford Public Library.

ROLL CALL

Present: Robert Castagna, Russell Heller, Noralie LaFevre, Janice Armstrong, Robert White, Elisa Yager Henry Schepens, Mayor Absent: None The record reflects the presence of: Todd Bolig, Attorney.

NEW BUSINESS General Discussion – Borough’s Parking Ordinance and Redevelopment Plan for Railroad Avenue Councilman White stated at the last Planning Board meeting Chuck Urban, property owner on Railroad Avenue attended the Planning Board meeting asking for relief from the Borough’s parking ordinance. Mayor and Council had a brief Council discussion on the matter and formed a sub- committee to review the Borough’s parking ordinance and the Railroad Avenue Redevelopment Plan. The sub-committee members are: Bob White, Janice Armstrong and Rob Castagna. The sub-committee will also include the Borough Planner and Redevelopment Attorney in the meetings. UNFINISHED BUSINESS • Councilwoman Yager stated the hiring sub-committee will be holding interviews next week for the Zoning Officer position. • Councilwoman LaFevre thanked Councilman White for repairing the sign in front of the Milford Presbyterian Church. • Councilman Heller reported that they will be running tests on well #6 tomorrow. LEGALAFFAIRS REPORT – TODD BOLIG, ESQ. Todd Bolig, Borough Attorney stated he will be attending a meeting on Thursday with representatives from Hunterdon County, Cindy Covino regarding the Board of Health violations on property located on 111 Hillcrest Drive.

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Attorney Bolig stated there has been discussion between the Borough and Van Cleef Engineering on whether the tax maps need to be updated before a hybrid re-assessment can be done. Attorney Bolig stated he received an email from Carl Herman from Van Cleef Engineering regarding the update on Tax Maps in 2012. Mr. Herman stated the tax maps were revised based upon the deeds and maps provided by Assessor David Gill, Van Cleef Engineering scanned the existing tax maps (approved by the State in 1958) and work with them in an AutoCad drawing format to make the revisions easier than doing them by hand drafting method. Van Cleef Engineering also stated at that time that “new” tax maps would not be prepared and the existing “updated” maps would not be revised to bring them into compliance with current Tax Map Standards and Regulations. Van Cleef Engineering was only to update the existing tax maps. After a brief Council discussion regarding the Borough’s tax maps and a Borough hybrid re- assessment, the Mayor and Council stated the Borough will look into updating the tax maps this year and wait until next year for the hybrid re-assessment. Mayor Schepens stated there is concern regarding the speeding on Frenchtown Road and some of Milford’s back streets. Mayor Schepens stated the speed limits changed several times on Frenchtown Road entering Milford from Frenchtown. Mayor Schepens also stated when the speed signs are working they seem to slow down the traffic. Mayor Schepens also spoke to the Kingwood Township State Police regarding issues in the Borough including speeding. One of Council’s suggestions was to increase signage including flashing speed signs coming into Milford from Frenchtown. ADMINISTRATION/SAFETY – MAYOR HENRY SCHEPENS •

BUILDING & GROUNDS – COUNCILWOMAN LAFEVRE No report tonight.

ZONING – COUNCILMAN CASTAGNA Councilman Castagna stated he is concerned over the historical designation that the Borough received and was there any feedback from the State Historical Commission regarding the six month delay the Borough requested.

ORDINANCE – FIRST READING

ORDINANCE NUMBER 909-2020 AN ORDINANCE TO AMEND ORDINANCE 880-2018 TO DETERMINE AND FIX THE SALARIES AND WAGES OF CERTAIN OFFICERS AND EMPLOYEES OF THE BOROUGH OF MILFORD, IN THE COUNTY OF HUNTERDON AND STATE OF NEW JERSEY BE IT ORDAINED, the Common Council of the Borough of Milford, in the County of Hunterdon and State of New Jersey that Ordinance 880-2018 be amended to include the position of Administrator of Escrows as follows: OFFICE OR TITLE MINIMUM MIDPOINT MAXIMUM Administrator of Escrows $2,000.00 $3,500.00 $6,500.00 Furthermore, the following positions shall be eliminated from the 880-2018 Ordinance:

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OFFICE OR TITLE Magistrate Court Clerk/Administrator Prosecutor Public Defender Amounts stated above as payable per year shall be considered salaries, or ranges of salaries, and shall be payable for the calendar year. The position of Administrator of Escrows shall be paid bi-weekly (every other Friday). BE IT FURTHER RESOLVED that all other sections of Ordinance 880-2018 not amended hereby shall remain in effect, and BE IT FURTHER ORDAINED by the Common Council of the Borough of Milford that this Ordinance shall take effect immediately after final adoption and publication in accordance with the laws of the State of New Jersey. FIRST READING - ROLL CALL VOTE Council Member Motion Adopt Second Ayes Nays Abstain Absent Robert Castagna x Noralie LaFevre x x Russell Heller x Janice Armstrong x Robert White x x Elisa Yager x x Public hearing will be held on February 3, 2020.

RESOLUTIONS

RESOLUTION NO. RE2020-022 BE IT HEREBY RESOLVED by the MILFORD BOROUGH COMMON COUNCIL that all VOUCHERS presented and approved be paid. This being submitted at the Council meeting held on January 6, 2020.

Council Vote

Motion

Second

Ayes

Nays

Abstain

Absent

Robert Castagna

x

x

Russell Heller

x

Noralie LaFevre

x x x x

Janice Armstrong

Robert White

x

Elisa Yager

R ESOLUTION N O . RE2020-023 R ESOLUTION OF THE B OROUGH OF M ILFORD , C OUNTY OF H UNTERDON , S TATE OF N EW J ERSEY , A UTHORIZING THE A WARD OF A C ONTRACT TO “R EIVAX C ONTRACTING C ORPORATION ”

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FOR THE P ROJECT E NTITLED “ R OADWAY I MPROVEMENT P ROJECT & W ATER M AIN R EPLACEMENT P ROJECT FOR R AILROAD A VENUE / G REEN S TREET / M T . N EBO R OAD ”. WHEREAS, in November and December of 2019, the Borough of Milford’s Common Council, pursuant to the Public Contracts Law, N.J.S.A . 40A:11-1, et seq ., advertised for bids for the project entitled “Roadway Improvement Project & Water Main Replacement P roject for Railroad Avenue / Green Street / Mt. Nebo Road ” as outlined on the attached bid summary; and WHEREAS, the Borough received bids from six vendors, to wit: Reivax Contracting Corporation, Bridgewater, New Jersey (“Reivax”); Capital Paving & Contracting, Lebanon, New Jersey ( “ Capital ”); HC Construction Inc., Whitehouse Station, New Jersey ( “ HC ”); Top Line Construction Corp., Somerville, New Jersey (“Topline”); MSP Construction Corp., Branchburg, New Jersey (“MSP”); and Your Way Construction, Irvington, New Jersey (“Your Way”); and WHEREAS, the sealed bids were opened on December 11, 2019 by the Borough with Reivax, Capital, MSP, HC, Top Line, and Your Way each submitting timely bids in accordance with the Borough’s bid specifications and applicable law; and WHEREAS , the following table represents Milford Borough’s Engineer’s , Robert S. O’Brien , P.E .’s , of Van Cleef Engineering Associates, summary of the six Bids received:

Railroad Avenue

Green Street

Mt. Nebo Rd. Water Improvement Project

Aggregate Base Bid Amount

Contractor

Road

Water

Road

Water

Reivax Contracting Corporation Your Way Construction. Top Line Construction Corp. HC Constructors Inc.. Capital Paving & Contracting MSP Construction Corp.

$249,054.00 $4,100.00 $143,462.00 $17,275.00

$93,451.50

$507,342.50

$241,101.41 $6,552.50 $160,402.75 $26,732.50

$117,416.00

$552,205.16

$288,426.47 $5,415.30 $156,128.45 $19,386.50

$131,676.48

$601,033.20

$341,598.00 $4,505.00 $225,002.00 $17,405.00

$80,379.50

$668,889.50

$350,681.00 $12,160.00 $218,863.00 $33,175.00

$123,615.25

$738,494.25

$554,713.00 $10,500.00 $320,878.00 $51,000.00

$331,101.50

$1,268,192.50

WHEREAS , Engineer O’Brien’s detailed Engineer’s Summary of the Bids received is attached hereto and made a part hereof this Resolution; and WHEREAS , the Borough Attorney, in conjunction with the Borough’s Engineer, has reviewed the submitted bids and determined that Reivax has submitted the lowest compliant Bid; and WHEREAS , N.J.S.A . 40A:9-140.1, e t seq. mandates that the Borough of Milfor d’s Chief Financial Officer shall, prior to the award of any contract, certify that sufficient, uncommitted appropriations are available to pay the maximum amount of the proposed herein Contract; and WHEREAS , the Borough’s Chief Financial Officer, in a me morandum dated January 2, 2020, which is attached hereto and made a part hereof, has determined that there are sufficient

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funds available for the funding of the Project, and the award of the Contract contemplated herein to Reivax, in the amount of Five Hundred Seven Thousand, Three Hundred Forty-Two and 50/100 dollars ($507,342.50). NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Milford that: 1. All aforementioned recitals are incorporated herein as though fully set forth at length; and 2. That the Mayor, on behalf of the Borough, shall negotiate and execute the contract with Reivax Contracting Corporation, 68 Finderne Avenue, Bridgewater, New Jersey 08807, in the amount of Five Hundred Seven Thousand, Three Hundred Forty-Two and 50/100 dollars ($507,342.50); subject to the following conditions: a. The Contract is awarded as a unit price bid Contract and final payment will be based upon the actual quantities installed at the unit prices bid, as outlined in the Plans and Specifications as prepared by Robert S. O’Brien , P.E., Borough Engineer. b. The award of this Contract by this Resolution is conditioned upon and made subject to review and approval by New Jersey Department of Transportation. This being submitted at the Council meeting held on Monday, January 6, 2020. ROLL CALL VOTE Council Vote Motion Second Ayes Nays Abstain Absent/Ineligible Janice Armstrong x Russell Heller x x Noralie LaFevre x Robert Castagna x Robert White x Elisa Yager x x NOW THEREFORE, BE IT RESOLVED, by the MILFORD BOROUGH COMMON COUNCIL of the Borough of Milford, in the County of Hunterdon, State of New Jersey, that the herein Resolution sets forth the Borough’s 2020 salaries and wages each of which fall within the ranges established by Milford Borough Ordinance ORD 880-2018, adopted on final reading on February 5, 2018, for the positions listed below, which shall be as follows: MAYOR…………………… ........................................................................................................ $ 2,800.00 Per Year COUNCIL ....................................................................................................................................... $ 2,200.00 Per Year COUNCIL ....................................................................................................................................... $ 2,200.00 Per Year COUNCIL ........................................................................................................................................ $ 2,200.00 Per Year COUNCIL ........................................................................................................................................ $ 2,200.00 Per Year COUNCIL ........................................................................................................................................ $ 2,200.00 Per Year COUNCIL ........................................................................................................................................ $ 2,200.00 Per Year TAX COLLECTOR/TAX SEARCH OFFICER ..................................................................... $ 12,793.00 Per Year QUALIFIED PURCHASING AGENT..................................................................................... $ 2,132.00 Per Year CHIEF FINANCIAL OFFICER/TREASURER..................................................................... $ 15,991.00 Per Year CERT MUNICIPAL CLERK/REG/DOG AGT/ASSESS OFFICER............................... $ 52,302.00 Per Year COAH LIAISON/PAIC REPRESENTATIVE........................................................................ $ 1,177.00 Per Year ADMINISTRATOR OF ESCROWS .......................................................................................... $ 3,500.00 Per Year R ESOLUTION N O . RE2020-024 A RESOLUTION TO PROVIDE FOR AND DETERMINE THE RATE OF COMPENSATION OF EACH OFFICER AND EMPLOYEE OF THE BOROUGH OF MILFORD, AND THE METHOD OF PAYMENT OF SUCH COMPENSATION FOR 2019.

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SUPR. CERTIFYING PENSION/ADMIN. FIRE OFFICIAL RIMS .............................. $ 5,137.00 Per Year ZONING OFFICER ..................................................................................................................... $ 4,749.00 Per Year BOROUGH MAINTENANCE I-Public Works ...................................................................... $ 50,083.00 Per Year BOROUGH MAINTENANCE II-Public Works..................................................................... $ 42,362.00 Per Year BOROUGH MAINTENANCE II-Public Works..................................................................... $ 43,056.00 Per Year SUPERINTENDENT WATER DEPARTMENT .................................................................. $ 59,121.00 Per Year SUPERINTENDENT SEWER UTILITY................................................................................ $ 59,798.00 Per Year TAX ASSESSOR............................................................................................................................. $ 12,936.00 Per Year FIRE OFFICIAL ............................................................................................................................ $ 6,162.00 Per Year PLANNING BOARD CLERK.................................................................................................... $ 5,437.00 Per Year EMERGENCY MANAGEMENT OFFICIAL........................................................................ $ 1,684.00 Per Year RECYCLING COORDINATOR.................................................................................... ........... $ 662.00 Per Year HEAD LIBRARIAN OF MILFORD PUBLIC LIBRARY......................................... ............ $ 30,032.00 Per Year TREASURER OF MILFORD PUBLIC LIBRARY...................................................... ........... $ 2,014.00 Per Year CUSTODIAN OF MILFORD PUBLIC LIBRARY..................................................... .......... $ 16.66 Per Hour WATER/SEWER COLLECTOR................................................................................................ $ 1,129.00 Per Year DEPUTY CLERK/REGISTRAR/TAX COLLECTOR ....................................................... $ 21.01 Per Hour GENERAL LABORER................................................................................................................. $ 19.97 Per Hour CLERICAL/PART TIME ............................................................................................................. $ 21.01 Per Hour SEWER UTILITY/PART TIME/GRADE II .......................................................................... $ 23.44 Per Hour SCHOOL CROSSING GUARD.................................................................................................. $ 19.05 Per Hour ASSISTANT LIBRARIAN OF MILFORD PUBLIC LIBRARY.............................. ........... $ 14.22 Per Hour SUBSTITUTE LIBRARIAN OF MILFORD PUBLIC LIBRARY............................ ........... $ 14.22 Per Hour NOW THEREFORE, BE IT FURTHER RESOLVED, that the salaries and wages set forth herein may be modified, in whole or in part, by future Resolution(s) of the Milford Borough Common Council, provided that any such future salary and wage modification shall comport with the Borough’s most recently enacted Salary Ordinance. This being submitted at the Council meeting held on Monday, January 6, 2020. Council Vote Motion Second Ayes Nays Abstain Absent Rob Castagna x Russell Heller x Noralie LaFevre x x Janice Armstrong x Robert White x Elisa Yager x x RESOLUTION NO. RE2020-025 WHEREAS, a completed membership application from Ronald Unkert Jr. has been received and approved for acceptance by the Milford New Jersey Fire Company, Inc. BE IT HEREBY RESOLVED by the MILFORD BOROUGH COMMON COUNCIL that Ronald Unkert Jr. be granted membership in the Milford New Jersey Fire Company, Inc. This being submitted at the Council meeting held on January 6, 2020. Council Vote Motion Second Ayes Nays Absent Abstain Russell Heller x Noralie LaFevre x Robert Castagna x Janice Armstrong x x Robert White x Elisa Yager x x

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PUBLIC COMMENTS Robert White made a motion to open the public portion of the meeting. Seconded by Noralie LaFevre. ROLL CALL: AYES: R. Castagna, R. Heller, N. LaFevre, J. Armstrong, R. White, E. Yager NAYS: None ABSTAIN: None ABSENT: None No comments from the public in attendance. Motion to close the public hearing was made by Robert White. Seconded by Elisa Yager. ROLL CALL: AYES: R. Castagna, R. Heller, N. LaFevre, J. Armstrong, R. White, E. Yager NAYS: None ABSTAIN: None ABSENT: None Motion carried. CLERK’S REPORT – December 2019 Comments: none Motion to accept: Robert White Seconded: Noralie LaFevre All in Favor – AYES: All NAYS: None ABSTAIN: None ABSENT: None Clerk’s Report for December 2019 was approved. TREASURER’S REPORT – October 2019 Comments: none Motion to accept: Noralie LaFevre Seconded: Elisa Yager All in Favor – AYES: All NAYS: None ABSTAIN: None ABSENT: None Clerk’s Report for October 2019 was approved.

REGULAR MEETING MINUTES FROM PREVIOUS MEETINGS PRESENTED FOR APPROVAL - Regular Council Meeting of December 9, 2019

Comments: none Motion to accept:

Elisa Yager

Seconded: Janice Armstrong All in Favor - AYES: All NAYS: None ABSTAIN: None ABSENT: None Regular Meeting Minutes of December 9, 2019 are approved.

REGULAR MEETING MINUTES FROM PREVIOUS MEETINGS PRESENTED FOR APPROVAL - Regular Council Meeting of December 16, 2019

Comments: none Motion to accept:

Elisa Yager

Seconded: Russell Heller All in Favor - AYES: All NAYS: None ABSTAIN: None ABSENT: None Regular Meeting Minutes of December 16, 2019 are approved.

CORRESPONDENCE LIST Correspondence was reviewed as presented.

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ADJOURNMENT Mayor Schepens advised there being no further business to discuss, the minutes of this meeting will be available as soon as possible. Motion to adjourn was made by: Elisa Yager Seconded by: Noralie LaFevre All in Favor - AYES: All NAYS: None ABSTAIN: None ABSENT: None Meeting adjourned at 8:15PM.

Respectfully Submitted,

Karen Dysart, RMC Municipal Clerk

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MILFORD BOROUGH COMMON COUNCIL REGULAR MEETING

DATE: January 21, 2020

CALL TO ORDER The Regular Meeting of the Milford Borough Common Council was held in the Milford Fire Company Building on January 21, 2020. The meeting was called to order by Henry Schepens, Mayor at 7:00PM.

PLEDGE OFALLEGIANCE was led by Mayor Schepens. SUNSHINE PROCLAMATION was read by Mayor Schepens.

As required by the Open Public Meetings Act of 1975, adequate notice of this meeting was provided on January 9, 2020 in the Hunterdon County Democrat and Express Times newspapers. Notices were also posted on the bulletin boards both inside and outside the Municipal Building and at the Milford Public Library. ROLL CALL Present: Janice Armstrong, Robert Castagna, Russell Heller, Absent: Noralie LaFevre The record reflects the presence of: Todd Bolig, Attorney. NEW BUSINESS Hire Zoning Officer – Resolution No. RE2020-019 Mayor Schepens stated the sub-committee interviewed two qualified candidates for the job. Below is the resolution hiring Sara Knies: RESOLUTION NO. RE2020-029 WHEREAS, the Common Council of the Borough of Milford shall require the services of a Zoning Officer effective February 1, 2020; and WHEREAS, there are sufficient funds available in the General Operations Municipal budget to pay for this employee. THEREFORE, IT IS HEREBY RESOLVED by the Milford Borough Common Council that Sara Knies, will be hired as a part-time Zoning Officer at a salary of $4,800.00 per year effective February 1, 2020. The initial salary of $4,800 will be reviewed after the first six months of employment. Copies of the following policies will be sent to the employee: Personnel, Education and Sexual Harassment. This being submitted at the Council meeting held on January 21, 2020. Roll Call Vote Motion Second Ayes Nays Abstain Absent/Ineligible Robert Castagna x x Russell Heller x Noralie LaFevre x Janice Armstrong x Robert White x Elisa Yager x x Robert White, Elisa Yager Henry Schepens, Mayor

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UNFINISHED BUSINESS Discussion – Updating Borough Tax Maps

Mayor Schepens stated he attended a meeting this evening with VanCleef Engineering and Mr. Clerico stated our tax maps were last updated in 2012 by Van Cleef Engineering and scanned into AutoCAD. The maps have not been updated since 2012 and in order to comply with State Tax Map Regulations the Borough tax maps will need to be updated and put into a digital format utilizing AutoCAD software. Mayor Schepens stated Van Cleef gave the Borough a quote of $22,000 for the preparation of new digital tax maps and $5,000 to update any revisions from 2013 thru 2019. Mayor Schepens also spoke to David Gill, Tax Assessor who recommended a smaller surveying firm to prepare tax maps. After a brief Council discussion, the Borough will seek additional quotes for the tax map updates. Speed Signs Mayor Schepens updated Council on the current speed sign locations and the fact that the battery life on the signs are only three days. Mayor Schepens contacted Tara Shephard, Go Hunterdon regarding speeding on Frenchtown Road and a possible speed study. Mayor and Council had a brief discussion on speeding in the Borough. LEGALAFFAIRS REPORT – TODD BOLIG, ESQ. No report tonight. SOLID WASTE/RECYCLING/PLNG. BD. – COUNCILMAN WHITE Planning Board Councilman White stated at the Planning Board meeting Carol Bernotas will be Chairman again and Armand Perez will be Vice-Chairman. Councilman White also stated the Planning Board had a discussion with Chuck Urban, owner of property on Railroad Avenue. Mr. Urban requested a change to the parking ordinance to allow business parking on Railroad Avenue. Allison Fahey, Borough Planner will be revising the ordinance. Mr. White informed Council that the Railroad Redevelopment Plan was discussed but there will be no changes at the present time. Solid Waste/Recycling Councilman White stated he will be meeting with Mr. Smalley. Republic Services on January 30, 2020 and will discuss any issues or problems with him. LIAISON – COUNCILWOMAN YAGER No report tonight. PUBLIC WORKS – COUNCILMAN HELLER Roads Department Councilman Heller stated below are some of the activities the Road Department completed during December 2019: cleaned off catch basin grates, received a load of salt, cold patched pot

Page 2 Regular Meeting Minutes of January 21, 2020

holes on Preston Road, removed raccoons from library attic, picked up the remaining brush throughout the Borough. Sewer Department The Sewer Department covered the digesters for winter and removed rags from the digester, investigated two sewer back up complaints and submitted the annual reports to NJDEP and DRBC. Water Department The Water Department repaired a 6” main break on Preston Road, submitted the annual yearly reports for NJDEP and the Water Department treated 39,788,123 gallons of water in 2019. COMMUNITYAFFAIRS – COUNCILWOMAN ARMSTRONG Milford Fire Company Councilwoman Armstrong stated the Milford Fire Company responded to 13 calls consisting of a carbon monoxide alarm and two vehicles fires in Milford Borough, smoke in a dwelling, two alarm activations, a carbon monoxide alarm and smell of gas in a dwelling in Alexandria Township, carbon monoxide alarm, MVA and brush fire in Bridgeton Township, a structure fire in Bethlehem Township and structure fire in Kingwood Township. Rescue Squad The Rescue Squad responded to 777 calls during 2019 with a total of 198 calls for the Borough of Milford. RESOLUTIONS RESOLUTION NO. RE2020-026 RESOLUTION OF INTENT TO APPROPRIATE FUNDS OR BOND IN THE EVENT OFA FUNDING SHORTFALL WHEREAS , the Governing Body of the Borough of Milford has petitioned the Court for substantive certification of its adopted Housing Element and Fair Share Plan; and WHEREAS , the plan submitted to the Court allocates funds for: One rehabilitation unit to be addressed through participation with the Hunterdon County Housing Rehabilitation Program; and WHEREAS , the Borough of Milford anticipates that funding will come from the following source(s) to satisfy these obligations: I. Development fees; and WHEREAS , in the event that the above funding source(s) prove inadequate to complete the affordable housing programs included in the Borough of Milford’s Court-certified Housing Element and Fair Share Plan, the Borough of Milford shall provide sufficient funding to address any shortfalls. NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Milford, Hunterdon County, State of New Jersey, that the Governing Body does hereby agree to appropriate funds or authorize the issuance of debt to fund any shortfall in its affordable housing program that may arise whether due to inadequate funding from other sources or for any other legally mandated reason; and NOW, THEREFORE, BE IT FURTHER RESOLVED that the Borough of Milford may repay debt through future collections of development fees, as such funds become available.

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This being submitted at the Council meeting held on Tuesday, January 21, 2020. Council Vote Motion Second Ayes Nays Abstain Absent Rob Castagna x Russell Heller x Noralie LaFevre x Janice Armstrong x Robert White x x Elisa Yager x x RESOLUTION NO. RE2020-027 RESOLUTION ENDORSING MILFORD WHEREAS , on December 18, 2019, after a duly noticed public hearing, the Milford Borough Joint Land Use Board (the “Board”) adopted a 2019 Housing Plan Element and Fair Share Plan dated December 5, 2019 (the “2019 HPE&FSP”) by Resolution 2019-015 as part of the Borough of Milford’s Master Plan. (Board Resolution 2019-015 attached hereto and made a part hereof); and WHEREAS, the Milford Borough Common Council met at a duly noticed regular meeting on January 21, 2020, and at that time reviewed the 2019 HPE&FSP adopted by the Board wherein the Council determined to endorse the 2019 HPE&FSP. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Borough of Milford, County of Hunterdon, State of New Jersey, by motion duly made and seconded on January 21, 2020 that the Milford Borough Common Council endorses the 2019 HPE&FSP in the form adopted by the Milford Borough Joint Land Use Board, by Resolution 2019-015, on December 18, 2019. NOW, THEREFORE, BE IT FURTHER RESOLVED, that that this Resolution shall take effect immediately. This being submitted at the Council meeting held on Tuesday, January 21, 2020. ROLL CALL VOTE Council Vote Motion Second Ayes Nays Abstain Absent Rob Castagna x Russell Heller x Noralie LaFevre x Janice Armstrong x x Robert White x x Elisa Yager x RESOLUTION NO. RE2020-028 RESOLUTION ADOPTING THE SPENDING PLAN AS CONTAINED IN THE BOROUGH’S HOUSING PLAN ELEMENT & FAIR SHARE PLAN DATED DECEMBER 5, 2019. WHEREAS , on December 18, 2019, after a duly noticed public hearing, the Milford Borough Joint Land Use Board (the “Board”) adopted a 2019 Housing Plan Element and Fair Share Plan, dated December 5, 2019, (the "2019 HPE&FSP") which contained therein a “Spending Plan”, as part of the Borough of Milford’s Master Plan; and BOROUGH’S HOUSING PLAN ELEMENT & FAIR SHARE PLAN DATED DECEMBER 5, 2019.

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WHEREAS, the Borough of Milford Common Council met at a duly noticed regular meeting on January 21, 2020, and at that time reviewed the 2019 HPE&FSP adopted by the Board and wherein the Council determined to endorse both the 2019 HPE&FSP and adopt the “Spending Plan” contained therein. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Borough of Milford, County of Hunterdon, State of New Jersey, by motion duly made and seconded on January 21, 2020 that the Milford Borough Common Council adopts the “Spending Plan” as contained in the Borough’s 2019 HPE&FSP. NOW, THEREFORE, BE IT FURTHER RESOLVED, that that this Resolution shall take effect immediately. This being submitted at the Council meeting held on Tuesday, January 21, 2020. ROLL CALL VOTE Council Vote Motion Second Ayes Nays Abstain Absent Rob Castagna x Russell Heller x Noralie LaFevre x Janice Armstrong x Robert White x x Elisa Yager x x RESOLUTION NO. RE2020-029 WHEREAS, the Common Council of the Borough of Milford shall require the services of a Zoning Officer effective February 1, 2020; and WHEREAS, there are sufficient funds available in the General Operations Municipal budget to pay for this employee. THEREFORE, IT IS HEREBY RESOLVED by the Milford Borough Common Council that Sara Knies, will be hired as a part-time Zoning Officer at a salary of $4,800.00 per year effective February 1, 2020. The initial salary of $4,800 will be reviewed after the first six months of employment. Copies of the following policies will be sent to the employee: Personnel, Education and Sexual Harassment. This being submitted at the Council meeting held on January 21, 2020. Roll Call Vote Motion Second Ayes Nays Abstain Absent/Ineligible Robert Castagna x x Russell Heller x Noralie LaFevre x Janice Armstrong x Robert White x Elisa Yager x x RESOLUTION NO. RE2020-030 Delivery of Duplicate Tax Bills WHEREAS, N.J.S.A. 54:4-64, has been enacted to allow a municipality the authority to impose a service charge to be added if a mortgagee, servicing organization, or property tax processing organization requests a duplicate copy of a tax bill.

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NOW, THEREFORE, BE IT RESOLVED , by the Mayor and Common Council of the Borough of Milford, County of Hunterdon, State of New Jersey, hereby authorize the Tax Collector to charge the aforementioned fee at rate a of $5.00 for the first duplicate copy and a maximum of $25.00 for each subsequent duplicate copy of the same tax bill in the same fiscal year, and, BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Chief Financial Officer, the Tax Collector and Municipal Auditor. This being submitted at the Council meeting held on January 21, 2020. Council Vote Motion Second Ayes Nays Absent Abstain Russell Heller x Noralie LaFevre x Robert Castagna x Janice Armstrong x Robert White x x Elisa Yager x x RESOLUTION NO. RE2020-031 Authorizing the Tax Collector to Conduct an Electronic Tax Sale WHEREAS , N.J.S.A.54:5-19.1 et. seq. permits municipalities to conduct electronic tax sales pursuant to rules and regulations promulgated by the Director of the Division of Local Government Services, and, WHEREAS , the rules thus promulgated requires a municipality to authorize said electronic tax sale by resolution of the governing body, and, WHEREAS , an electronic tax sale is innovative and provides a great pool of potential lien buyers, thus creating the environment for a more effective tax sale process. NOW, THEREFORE BE IT RESOLVED , by the Mayor and Common Council of the Borough of Milford, County of Hunterdon, State of New Jersey, does hereby authorize and direct the Tax Collector to conduct an electronic tax sale. This being submitted at the Council meeting held on January 21, 2020. Council Vote Motion Second Ayes Nays Absent Abstain Russell Heller x Noralie LaFevre x Robert Castagna x x Janice Armstrong x Robert White x x Elisa Yager x RESOLUTION NO. RE2020-032 Resolution to Establish Tax Sale Mailing Fees WHEREAS, N.J.S.A. 54:5-26 et seq., Notices posted and advertised in newspaper. Copies of the notice of a tax sale shall be set up in five of the most public places in the municipality, and a copy of the notice shall be published in a newspaper circulating in the municipality, once in each of the four calendar weeks preceding the calendar week containing the day of the appointed for the sale. In Lieu of any two publications, notice to the property owner and to any person or entity entitled to notice of foreclosure pursuant to section 20 of P.L. 1948, c.96 (C. 54-104.48) may be given by regular or certified mail, the costs of which shall be added to the cost of the sale in addition to those provided in R.S. 54:5-38, not to exceed $25.00 for each

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set of notices for a particular property. NOW, THEREFORE, BE IT RESOLVED , by the Mayor and Common Council of the Borough of Milford, County of Hunterdon and the State of New Jersey that the Tax Collector shall charge a fee of $25.00 per tax sale notice mailing to property owners, said mailings not to exceed two (2). Such fees shall be added to the cost of said tax sales. BE IT FINALLY RESOLVED , that the Municipal Clerk provide a certified copy of this resolution to the Tax Collector. This being submitted at the Council meeting held on January 21, 2020. Council Vote Motion Second Ayes Nays Absent Abstain Russell Heller x Noralie LaFevre x Robert Castagna x Janice Armstrong x Robert White x x Elisa Yager x x RESOLUTION NO. RE2020-033 Authorizing the Tax Collector to Charge a Fee for Checks Returned for Insufficient Funds WHEREAS , N.J.S.A. 40:5-19 has been enacted to allow a municipality the authority to impose a service charge to be added on an account where payment by check or other written instrument was returned for insufficient funds; and, NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Common Council of the Borough of Milford, County of Hunterdon, State of New Jersey, hereby authorize the Tax Collector to charge the aforementioned fee at a rate of $20.00 per check or other written instrument for all checks returned for insufficient funds during the current fiscal year, and, BE IT FURTHER RESOLVED , that the Tax Collector may require future payments to be tendered in certified check, cashier’s check, or cash, and, BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Chief Financial Officer, the Tax Collector and the Municipal Auditor. This being submitted at the Council meeting held on January 21, 2020. Council Vote Motion Second Ayes Nays Absent Abstain Russell Heller x Noralie LaFevre x Robert Castagna x Janice Armstrong x Robert White x x Elisa Yager x x WHEREAS , N.J.S.A. 54:5-52.1, has been enacted to allow a municipality the authority to impose a service charge for issuing a duplicate tax sale certificate in the event the original is destroyed or lost. NOW, THEREFORE, BE IT RESOLVED , by the Mayor and Common Council of the Borough of Milford, of Hunterdon, State of New Jersey, hereby authorize the Tax Collector to charge the aforementioned fee at a rate of $100.00 for a duplicate certificate. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to RESOLUTION NO. RE2020-034 Duplicate Tax Sale Certificate Fee

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the Chief Financial Officer, the Tax Collector and the Municipal Auditor. This being submitted at the Council meeting held on January 21, 2020. Council Vote Motion Second Ayes Nays Absent Abstain Russell Heller x Noralie LaFevre x Robert Castagna x Janice Armstrong x Robert White x x Elisa Yager x x ORDINANCES – FIRST READING ORDINANCE NO. 910-2020 AN ORDINANCE REPEALING AND REPLACING ARTICLES I AND II OF CHAPTER 48 OF THE “CODE OF THE BOROUGH OF MILFORD” REGARDING AFFORDABLE HOUSING, TO ADDRESS THE REQUIREMENTS OF THE FAIR HOUSING ACT AND THE UNIFORM HOUSING AFFORDABILITY CONTROLS (UHAC) AND TO COMPLY WITH THE BOROUGH’S THIRD ROUND AFFORDABLE HOUSING OBLIGATIONS WHEREAS , the Milford Borough Planning Board adopted a 2019 Housing Element and Fair Share Plan, which plan was subsequently endorsed by the Mayor and Council; and WHEREAS , this ordinance implements and incorporates the adopted and endorsed Housing Element and Fair Share Plan and addresses the requirements of N.J.A.C. 5:93-1 et seq ., as amended and supplemented, N.J.A.C. 5:80-26.1 et seq . as amended and supplemented, and the New Jersey Fair Housing Act of 1985; NOW THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of Milford, in Hunterdon County, New Jersey, as follows: Section 1. Chapter 48 Articles I and II repealed and replaced . Chapter 48 Articles I and II, “Affordable Housing and Development” in the “Code of the Borough of Milford” (“Code”) are hereby repealed and replaced with the following new Chapter 48 Articles I and II: §48-1. Purpose and applicability . A. This Ordinance is intended to assure compliance with COAH Second Round Substantive Rules at N.J.A.C. 5:93 and Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1, et seq., except where modified, and that low- and moderate-income units ("affordable units") are created with controls on affordability and that low- and moderate- income households shall occupy these units. This Ordinance shall apply except where inconsistent with applicable law. B. The Borough of Milford Joint Planning Board has adopted a Housing Element and Fair Share Plan pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-1, et seq. (hereinafter “Fair Share Plan”). The Fair Share Plan was subsequently endorsed by the governing body. The Fair Share Plan describes how the Borough of Milford shall address its fair share of low- and moderate-income housing as documented in the Fair Share Plan itself, the Settlement Agreement entered into between the Borough and Fair Share Housing Center CHAPTER 48. AFFORDABLE HOUSING Article I: Affordable Housing

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(“FSHC”) on August 6, 2018 (hereinafter “FSHC Settlement Agreement”), and the Court Order approving same, which was entered by the Court on January 15, 2019 after a properly noticed Fairness Hearing. C. The Borough of Milford shall track the status of the implementation of the Fair Share Plan. §48-2. Monitoring and Reporting requirements. The Borough of Milford shall comply with the following monitoring and reporting requirements regarding the status of the implementation of its Court-approved Housing Element and Fair Share Plan: A. Beginning one year after the entry of the Borough’s Round 3 Judgment of Compliance and Repose, and on every anniversary of that date through 2025, the Borough agrees to provide annual reporting of its Affordable Housing Trust Fund activity to the New Jersey Department of Community Affairs, Council on Affordable Housing, or Local Government Services, or other entity designated by the State of New Jersey, with a copy provided to Fair Share Housing Center (FSHC) and posted on the municipal website, using forms developed for this purpose by the New Jersey Department of Community Affairs (NJDCA), Council on Affordable Housing (COAH), or Local Government Services (NJLGS). The reporting shall include an accounting of all Affordable Housing Trust Fund activity, including the source and amount of funds collected and the amount and purpose for which any funds have been expended. B. Beginning one year after the entry of the Borough’s Round 3 Judgment of Compliance and Repose, and on every anniversary of that date through 2025, the Borough agrees to provide annual reporting of the status of all affordable housing activity within the municipality through posting on the municipal website with a copy of such posting provided to Fair Share Housing Center, using forms previously developed for this purpose by COAH, or any other forms endorsed by the Court Appointed Special Master and FSHC. C. The Fair Housing Act includes two provisions regarding action to be taken by the Borough during its ten-year repose period. The Borough will comply with those provisions as follows: (1) For the midpoint realistic opportunity review due on July 2, 2020, as required pursuant to N.J.S.A. 52:27D-313, the Borough will post on its municipal website, with a copy provided to Fair Share Housing Center, a status report as to its implementation of its Plan and an analysis of whether any unbuilt sites or unfulfilled mechanisms continue to present a realistic opportunity and whether the mechanisms to meet unmet need should be revised or supplemented. Such posting shall invite any interested party to submit comments to the Borough, with a copy to Fair Share Housing Center, regarding whether any sites no longer present a realistic opportunity and should be replaced and whether the mechanisms to meet unmet need should be revised or supplemented. Any interested party may by motion request a hearing before the Court regarding these issues. (2) For the review of very low income housing requirements required by N.J.S.A. 52:27D- 329.1, within 30 days of the third anniversary of the entry of the Borough’s Judgement of Compliance and Repose, and every third year thereafter, the Borough will post on its municipal website, with a copy provided to Fair Share Housing Center, a status report as to its satisfaction of its very low income requirements, including the family very low income requirements referenced herein. Such posting shall invite any interested party to submit comments to the Borough and Fair Share Housing Center on the issue of whether the Borough has complied with its very low income housing obligation under the terms of this settlement.

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(3) In addition to the foregoing postings, the Borough may also elect to file copies of its reports with COAH or its successor agency at the State level. §48-3. Definitions . The following terms when used in this Ordinance shall have the meanings given in this Section: “Act” means the Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq .) as has been subsequently amended. “Adaptable” means constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C. 5:23-7. “Administrative agent” means the entity responsible for the administration of affordable units in accordance with this ordinance, applicable COAH regulations and the Uniform Housing Affordability Controls (“UHAC”)(N.J.A.C. 5:80-26.1 et seq .) “Affirmative marketing” means a regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15. “Affordability average” means the average percentage of median income at which restricted units in an affordable housing development are affordable to low- and moderate-income households. “Affordable” means, a sales price or rent within the means of a low- or moderate-income household as defined by COAH in its applicable regulations or an equivalent controlling New Jersey state agency; in the case of an ownership unit, that the sales price for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6, as may be amended and supplemented, and, in the case of a rental unit, that the rent for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.12, as may be amended and supplemented. “Affordable development” means a housing development all or a portion of which consists of restricted units. “Affordable housing development” means a development included in the Borough’s Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100 percent affordable development. “Affordable housing program(s)” means any mechanism in the Borough’s Fair Share Plan prepared or implemented to address the Borough’s fair share obligation. “Affordable unit” means a housing unit proposed or created pursuant to the Act, credited pursuant to applicable COAH regulations, the FSHC Settlement Agreement, or an order of the Court. “Agency” means the New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1, et seq.). “Age-restricted unit” means a housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted segment of the population such that: 1) all the residents of the development where the unit is situated are 62 years or older; or 2) at least 80 percent of the units are occupied by one person that is 55 years or older; or 3) the development has been designated by the Secretary of the U.S. Department of Housing and Urban Development as “housing for older persons” as defined in Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607. “Alternative living arrangement” means a structure in which households live in distinct bedrooms, yet share kitchen and plumbing facilities, central heat and common areas. Alternative living arrangement includes, but is not limited to: transitional facilities for the homeless, Class A,B,C,D, and E boarding homes as regulated by the New Jersey Department of Community Affairs; residential health care facilities as regulated by the New Jersey Department of Health; group homes for the developmentally disabled and mentally ill as licensed and/or regulated by the New Jersey Department of Human Services; and congregate living arrangements.

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“Assisted living residence” means a facility licensed by the New Jersey Department of Health and Senior Services to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed for four or more adult persons unrelated to the proprietor and that offers units containing, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance. “Certified household” means a household that has been certified by an Administrative Agent as a low-income household or moderate-income household. “COAH” means the New Jersey Council on Affordable Housing. “The Department” means the Department of Community Affairs of the State of New Jersey, that was established under the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.). “DCA” means the State of New Jersey Department of Community Affairs. “Deficient housing unit” means a housing unit with health and safety code violations that require the repair or replacement of a major system. A major system includes weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement and/or load bearing structural systems. “Developer” means any person, partnership, association, company or corporation that is the legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development including the holder of an option to contract or purchase, or other person having an enforceable proprietary interest in such land. “Development” means the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any use or change in the use of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to N.J.S.A. 40:55D-1 et seq . “Inclusionary development” means a development containing both affordable units and market rate units. Inclusionary developments must have a minimum twenty (20) percent set aside of affordable units if the development has five or more units and is a for-sale project, or a minimum fifteen (15) percent set-aside if the development is a rental project. This term includes, but is not necessarily limited to: new construction, the conversion of a non-residential structure to residential and the creation of new affordable units through the reconstruction of a vacant residential structure. “Low-income household” means a household with a total gross annual household income equal to 50 percent or less of the median household income. “Low-income unit” means a restricted unit that is affordable to a low-income household. “Major system” means the primary structural, mechanical, plumbing, electrical, fire protection, or occupant service components of a building which include but are not limited to, weatherization, roofing, plumbing (including wells), heating, electricity, sanitary plumbing (including septic systems), lead paint abatement or load bearing structural systems. “Market-rate units” means housing not restricted to low- and moderate-income households that may sell or rent at any price. “Median income” means the median income by household size for the applicable county, as adopted annually by the Department. “Moderate-income household” means a household with a total gross annual household income in excess of 50 percent but less than 80 percent of the median household income. “Moderate-income unit” means a restricted unit that is affordable to a moderate-income household. “Municipal Housing Liaison” means the employee charged by the governing body with the responsibility for oversight and administration of the affordable housing program for Milford. “Non-exempt sale” means any sale or transfer of ownership other than the transfer of ownership

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