Ordinance 2005 —17

AN ORDINANCE OF THE BOROUGH OF ISLAND HEIGHTSAMENDING AND SUPPLEMENTING CHAPTER XIV (ENVIRONMENTAL COMMISSION) OF THE REVISED GENERAL ORDINANCES OF THEBOROUGH OF ISLAND HEIGHTS, TO ELIMINATE AND DISSOLVETHE ENVIRONMENTAL COMMISSION AND ESTABLISH ANENVIRONMENTAL COMMITTEE

WHEREAS, the Mayor and Council of the Borough of Island Heights has concluded that it is in the interests of the General public to dissolve the existing Environmental Commission; and

WHEREAS, there has existed within the Borough of Island Heights an Environmental Commission which has been set forth within the Borough Code within Chapter 14; and

WHEREAS, the Environmental Commission of the Borough of Island Heights has within its power and duties those powers and duties described and proscribed by N.J.S.A. 40:56A-2, et seq.; and

WHEREAS, the Mayor and Council of the Borough of Island Heights hereby deems the continued existence of this Environmental Commission to be unnecessary; and

WHEREAS, while the Mayor and Council of the Borough of Island Heights deems the Environmental Commission of the Borough of Island Heights to be unnecessary, the Mayor and Council believe it is in the best interests of the Borough of Island Heights and its residents to have an established committee to advise and discuss with the Mayor and Council issues of environmental concern within the Borough; and

WHEREAS, Mayor and Council of the Borough of Island Heights believe that an Environmental Committee should be established within the Borough of Island Heights, and should consist of members of the general public and the governing body; and

WHEREAS, the Mayor and Council of the Borough of Island Heights has determined that the enactment of this ordinance will further protect the safety, health, and general welfare of the residents of this Borough.

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE BOROUGH OF ISLAND HEIGHTSAS FOLLOWS:

SECTION I.The Title of Chapter 14 of the Borough Code is amended to read as follows:

ENVIRONMENTAL COMMITTEE

SECTION II. Chapter 14 of the Borough Code is amended as followed:

14.1Establishment and Purpose

An Environmental Committee is hereby established within the Borough of Island Heights for the sole purpose of advising the Mayor and Council on issues of environmental concern to the residents of the Borough.

14-2 Membership

The Environmental Committee shall consist of that number of persons the Mayor deems appropriate. The Mayor shall appoint, with the consent of the Council, members to the Environmental Committee on an annual basis.

14-3 Term of appointment

Persons shall be appointed to the Environmental Committee for such term as the Mayor, with the consent of the Council, deems appropriate and necessary. However, in no event shall any appointment to the Environmental Committee last any longer than the next annual organizational meeting of the Mayor and Council of the Borough of Island Heights, provided that such person may be annually reappointed.

14-4 Powers and Duties

The sole duty of the Environmental Committee and its members shall be to advise the Mayor and Council of the Borough of Island Heights regarding issues of environmental concern within the Borough of Island Heights. The Environmental Committee and its members shall also comment upon issues of environmental concern when requested by the Mayor and Council to do so. However, the Environmental Committee and its members shall have no power to take any action on behalf of the Borough of Island Heights, or to take any other action other than what is set forth within this subsection.

14-5 Intent

It is the express intention and purpose of the Mayor and Council that the Environmental Committee shall provide a place for environmental issues concerning the Borough to be discussed until such time as the Mayor and Council take formal action on an issue.

SECTION III. The previously established Environmental Commission of the Borough of Island Heights is hereby deemed eliminated and dissolved, and all offices and membership in same which has been created is hereby revoked and dissolved. Any authority or power any person, or persons, had or was otherwise authorized by the existence of the Environmental Commission is hereby revoked.

SECTION IV. Any portion, or portions, of Chapter 8, not affected by these amendments, remain(s) unchanged and in full effect.

SECTION V. Any portion, or portions, of the Borough Code inconsistent herewith is (are) hereby repealed.

SECTION VI. This ordinance shall be part of the Borough of Island Heights Municipal Code as though codified and fully set forth therein. The Borough Clerk shall have this ordinance codified and incorporated in the official copies of the Island Heights Code.

SECTION VII. This ordinance shall be in full force and effectfrom and after its adoption and any publication as may be required by law.

NOTICE OF PENDING ORDINANCE

NOTICE IS HEREBY GIVEN that the foregoing Ordinance was duly introduced and passed upon first reading at a Regular Meeting of the governing body of the Borough of Island Heights held on November 15, 2005. FURTHER NOTICE is hereby given that said Ordinance will be considered for final passage and adoption, after a public hearing thereon, at a regular meeting of said governing body held at the Island Heights Municipal Building, One Wanamaker Municipal Complex, Island Heights, New Jersey onDecember 13, 2005 at 6:30PM, during which hearing Public Comment on said Ordinance will be heard and considered.

Ellie Rogalski, RMC/CMC

Municipal Clerk