The February 28, 2011 Council Meeting Agenda carried an item under the “New Business” heading. This was:
Ordinance 05-2011
An ordinance of the Borough of Spring Lake Heights amending and supplementing Chapter XVI of the Revised General Ordinances of the Borough of Spring Lake Heights, County of Monmouth, State of New Jersey (1987) entitled “Administration.”
. Clerk to read ordinance by title
.Mayor to open the public hearing
Motion to close the public hearing
Motion to adopt and advertise in accordance with the law
There were several things incorrect about this agenda item. In the first place, as noted in a previous heightsonline post, Chapter 16 of the Borough Code is Personnel; Chapter 2 is Administration. This had not been corrected from the February 14 agenda.
However, what had been changed was the insertion of text regarding a public hearing.
Any ordinance must have two readings at public meetings: one reading is at the introduction and the second is at the public hearing. No ordinance may have a public hearing if it has not first been introduced.
At the February 14 meeting, the Council discussed a proposed ordinance to create a new Recreation Commission and then voted against introducing it. Yet even without the legally required introduction period, the proposed ordinance was now being presented for adoption.
The agenda should be reviewed by the Municipal Clerk and the Borough Attorney for correctness but, clearly, this had not been done in this case.
During the February 28 meeting, Mayor H. Frances Enright asked the clerk to read the title. Acting Municipal Clerk Janine Gillis did so. The mayor then asked for a motion to open the public hearing; Councilman Thomas Vorbach made that motion and it was seconded by Councilwoman Patricia Cindea.
“Would anyone like to speak to this,” Mayor Enright asked. “It deals with Recreation.”
Atlantic Avenue resident and former councilwoman Kathleen Crippen rose to speak. “This is a question … my first question, I guess, is a question for the acting clerk. This is supplementing Chapter 16 entitled Administration when, in truth, Chapter 16 is Personnel. Chapter 2 is Administration. So, which is this, Chapter 16 or Chapter 2?”
Dead silence ensued for several seconds.
After a few moments, Councilman Brennan began, “Chapter 16 … Chapter 16, I think, Ms. Crippen, is the same chapter that contains all the various board and commissions including the Environmental Commission.”
“I think it is Chapter 2 actually. I think they are under Administration,” Ms. Crippen corrected. “And I think the Borough Attorney may have a code book with him.”
There was a flurry of page turning on the dais, and Mr. Brennan said, “It says Chapter 2 Administration.” He conferred briefly with the Borough Attorney, who nodded.
“It says Chapter 2 Administration,” Mr. Brennan said, holding up a paper.
“This says Chapter 16 Administration,” Ms. Crippen continued, holding up the copy of the agenda distributed to audience members shortly before the meeting began.
“Oh, yes, the title says Chapter 16 Administation,” Councilman Brennan suddenly noted. “Paragraph One says Chapter 2.”
As a copy of the proposed ordinance had not been given to the audience, there was no way for attendees to know what was in the text.
“I think you want to make the change in the title to get that correct,” said Ms. Crippen.
“Thank you, Kat,” said Mayor Enright.
Ms. Crippen then continued. “Is this the same recreation ordinance that was tabled after last meeting?”
“No, that was voted down, this is revised,” stated Councilman Vorbach.
“Okay, so this is not a public hearing to adopt, this is a hearing to introduce? So, this needs to be amended on the agenda because you can’t have a motion to adopt and advertise because this has never been introduced. Thank you,” concluded Ms. Crippen.
The Council members looked to the Borough Attorney, John Lane. “Yes, we’re just wondering at this end of the dais, too,” said Mr. Lane. “In fact, once it was voted and lost, that’s the end. You have to go back from scratch to the beginning, be reintroduced.”
“So this is an introduction?” the Mayor asked.
“They’ll be no vote today, they’ll be no public hearing, this won’t be introduced tonight, and you certainly found one thing we’d like to change which is, I would agree,” said the attorney, “It looks like all the boards are in Chapter 2, so it is an ordinance amending and supplementing Chapter 2 of the revised general ordinances and I’m just trying to …” he continued, flipping through a copy of the code book, “Administration seems to end … right now, the Recreation Committee in this book starts at 2-17, which this one would, and Recreation Commission which …”
“We have to bring it back anyway,” said the Mayor.
“Yes, it looks like … correct the title. It seems to me that the first paragraph is correct. If we just fix that and then it really should just be for introduction tonight,” the attorney advised.
“One of the problems, I think, John,” the Mayor addressed the attorney, “Is that Janine got hit with a lot of things on Friday and it is very difficult …”
“The last minute is always hard,” the attorney agreed, although the agenda information had been incorrect in the previous agenda two weeks before.
“I know,” the Mayor agreed, “And this is something that could have been in earlier.”
The Mayor then went on to the next agenda item. The proposed ordinance was never voted on to be introduced at the next meeting.
However, later in the agenda, the Council introduced a Resolution #47-2011 to establish a Council Committe on Parks & Recreation. This is the same structure that handled recreation during 2010. The committee is to be made up of Councilman Rich Diver as the Chair and Councilman Butch Maccanico as the co-chair. The resolution passed with a 4-2 vote.
Next: What the auditor found.