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REGULAR MEETING – SEPTEMBER 29, 2009

Regular meeting of the Mayor and Borough Council held on Tuesday, September 29, 2009.

Mayor O’Brien opened the meeting at 7:30 P.M. followed by a short prayer and salute to the flag.

Notice of the meeting had been satisfied in accordance with Open Public Meetings Act Chapter 231, P.L. 1975 by advertising in the Home News Tribune, notifying the Star Ledger and the Sentinel Publishing Co., posting on the bulletin board and filing with the Municipal Clerk.

Roll Call: Councilperson Drwal, Eicher, Kaiserman, Kelly, Siarkiewicz.

Absent: Councilwoman Makowski

Others Present: Mayor Kennedy O’Brien,

Business Admin. Bertrand,

C.F.O./Treasurer Kronowski,

Municipal Clerk Farbaniec,

Borough Attorney Verrone,

Engineer Cornell.

IN MEMORIAM RESOLUTION

  • Presented to the family of Margaret Dieker

IN MEMORIAM

WHEREAS, Margaret Dieker was born in Sayreville, New Jersey 92 years ago and lived here all of her life; and

WHEREAS, Margaret was co-owner of Dieker’s Farm on Bordentown Avenue in Sayreville for 70 years; and

WHEREAS, Margaret was a member of the First Order of the Eastern Star, Amboy Chapter #151 and The First Presbyterian Church of South Amboy; and

WHEREAS, Margaret was predeceased by her husband, Harry J. Dieker in 1997; her parents John and Matilda Logan; her brothers, Raymond, Joseph and Jules; her sisters, Bertie, Matilda and Caroline; and

WHEREAS, she is survived by her son, Jimmy Dieker; her daughters, Jo-Ann Petrosky, Carol Buchanan, Judith Quinlan and Peg Dieker; ten grandchildren; ten great grandchildren and three great great grandchildren.

WHEREAS, on August 31, 2009 God in His infinite wisdom has seen fit to call to His home MARGARET DIEKER and in her death, the Borough of Sayreville has lost a valued and esteemed citizen.

NOW, THEREFORE BE IT AND IT IS HEREBY RESOLVEDthat the sympathy of this body be extended to her bereaved family and friends; and

BE IT FURTHER RESOLVED that this resolution be spread in full upon the minutes of this meeting and that a copy of it be presented to her family.

/s/ KENNEDY O’BRIEN

MAYOR

/s/ STANLEY DRWAL /s/ LISA EICHER /s/ DAVID KAISERMAN

COUNCILMAN COUNCILWOMANCOUNCILMAN

/s/ KENNETH P. KELLY, SR. /s/ KATHY MAKOWSKI /s/ PAULA SIARKIEWICZ

COUNCILMAN COUNCILWOMAN COUNCILWOMAN

Comments made by Mayor O’Brien to the Dieker family.

EXECUTIVE SESSION

Mayor O’Brien announced the need to enter into Executive Session.

Borough Attorney Verrone read the following Resolution into record:

RESOLUTION FOR CLOSED SESSION

WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231, P.L. 1975 permits the exclusion of the public from a meeting in certain circumstances, and

WHEREAS, this public body is of the opinion that such circumstances presently exist;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Sayreville, County of Middlesex, State of New Jersey, as follows:

1. The public portion of this meeting is hereby adjourned in order that the Governing Body may meet in a closed, private session for approximately10 minutes to discuss the following matters:

  • Pending Litigation

2. Following the conclusion of said closed session, the Governing body shall reconvene the open portion of this meeting to consider any other matters which may be properly brought before it at this time.

3. The nature and content of discussion which occurs during closed session shall be made public at the time the need for non-disclosure no longer exists.

NOW, THEREFORE BE IT RESOLVED that the public be excluded and this resolution shall take effect immediately.

/s/ Councilwoman Paula Siarkiewicz

APPROVED:

/s/ Theresa A. Farbaniec

Municipal Clerk

Councilwoman Siarkiewicz moved the Executive Session Resolution be adopted on Roll Call Vote. Seconded by Councilman Drwal.

Roll Call: Councilpersons Drwal, Eicher, Kaiserman, Kelly, Siarkiewicz, all Ayes.

Time 7:40 P.M.

RECONVENE

Councilwoman Siarkiewicz moved to reconvene the meeting. Seconded by Councilman Kelly.

Roll Call: Voice Vote, all Ayes.

Time: 7:47 PM.

Municipal Clerk Farbaniec announced that at the last meeting Councilwoman Makowski stated she would be out of state for tonight’s meeting and requested to be part of the meeting via tele-conference, however, due to lack of reception she abandoned her request.

Municipal Clerk Farbaniec also requested the minutes of the Mayor and Council, listed for approval tonight be held until the next meeting due to the fact that they have not been distributed.

MINUTES OF THE MAYOR AND BOROUGH COUNCIL:

January 1, 2009 -Agenda Meeting

July 6, 2009-Executive Session

July 13, 2009-Executive Session

August 3, 2009-Agenda Meeting & Executive Session

September 8, 2009-Agenda Meeting & Executive Session

September 21, 2009-Agenda Meeting & Executive Session

(REMOVED FROM 9/29/09 AGENDA – TO BE PLACED ON 10/13 AGENDA)

PUBLIC HEARING ON ORDINANCES

(none)

CONSENT AGENDA COMMUNICATIONS

Councilwoman Siarkiewicz moved the Consent Agenda Communications be received and filed. Seconded by Councilman Drwal.

Councilpersons Drwal, Eicher, Kaiserman, Kelly, Siarkiewicz, all Ayes.

  • ADMINISTRATION & FINANCE

APPLICATION(S) FOR BINGO/RAFFLE LICENSES

a) Our Lady of Victories School – H.S.A to conduct an On-Premise (50/50) Raffle on

April 9, 2010 (RA:1614).

b) St. Stanislaus Kostka H.S.A.to conduct an Off-Premise 50/50 Raffle on December 6, 2009 (RA:1615).

c) St. Stanislaus Kostka H.S.A. to conduct an On-Premise Draw Raffle (Pull Tabs) on

December 6, 2009 (RA:1616).

d) St. Stanislaus Kostka H.S.A. to conduct an On-Premise /Non Draw (Wheels & Games) Raffle on December 6, 2009 (RA: 1617).

e) St. Stanislaus Kostka H.S.A. to conduct an On-Premise Draw (Tricky Tray) on

December 6, 2009 (RA:1618).

f) St. Stanislaus Kostka H.S.A. to conduct an Off-Premise Draw(Large Prize) Raffle on

December 6, 2009 (RA:1619).

- (a-f) - Approved.

STATE OF NEW JERSEY

DIVISION OF ALCOHOLIC BEVERAGE CONTROL

Received Special Ruling for the 2009/2010 and 2010/2011 License Term authorizing the Mayor andCouncil to consider the renewal application for the 2009/2010 license term of Victory Entertainment, Inc. - Resolution.

219 WASHINGTON ROAD, LLC

Received Application for Place to Place Transfer of PRCL #1219-33-010-004, Big Shots

From: 219 Washington Road

To: 2047 Route 35, P.O. So. Amboy.

- Resolution.

PSP PRIDE CORP.

Received Application for Place to Place Transfer of PRCL #1219-33-045-005, 35 Liquor Wine & Bar.

From: 2047 Route 35, P.O. So. Amboy

To: 219 Washington Road

- Resolution.

DONNA M. BRODZINSKI, TAX COLLECTOR

Request for authorization to refund a portion of 2008 taxesdue to approval of a 100% Disabled Veteran TaxDeduction by the Tax Assessor, effective September 28, 2008.

- Resolution.

REPORT OF CHAIR.

  • PLANNING & ZONING

REPORT OF CHAIR.

  • PUBLIC SAFETY

REPORT OF CHAIR.

  • PUBLIC WORKS

JERRY UST, MUN. DEPT. HEAD-RECREATION

Request to place promotional banners advertising theHit The Bricks 5 Mile Race on the following telephone poles:

  • Washington Rd & Bissett St.
  • Washington Rd & Parkway overpass

-Approved on 9/21/09

REPORT OF CHAIR.

  • RECREATION

REPORT OF CHAIR.

  • WATER & SEWER

REPORT OF CHAIR.

  • MAYOR O’BRIEN
  • BUSINESS ADMINISTRATOR'S AGENDA/REPORT

Administration & Finance:

  1. Further discussion on the Community Shuttle Program for Commuters from the Sayreville Park & Ride locations to the NJ Transit Train station in South Amboy as outlined in an approved grant application made to NJ Transit.

- Discussed on 9/21/09.

  1. Discussion on the methods to reduce the use of paper and streamline making more efficient the Council Meeting preparation process.

- Discussed on 9/21/09.

  1. Authorization to execute an Indemnity and Trust Agreement for continued participation in the Middlesex County Joint Insurance Fund (JIF) for the period of January 1, 2010 through December 31, 2012.

- Resolution.

  1. Authorization to execute the Inter-Local (Shared) Services Agreement with Middlesex County for the provision of transportation services associated with the Senior Citizen Transportation Program operated through the Office on Aging for the period January 1, 2010 through December 31, 2012.

- Resolution.

Planning & Zoning: none

Public Safety:

  1. Further discussion on the Red Light Camera Program Proposal. If approved, authorization to go to public bid for design and implementation is required.

- Resolution.

Public Works:

  1. Authorization to execute a Municipal Sponsor Agreement with NJ Transit for the placement of a Bus Shelter at the bus stop located on Ernston Road near Singer Court. This authorization needs to be accompanied with a resolution requesting the stop.

- Resolution.

  1. Review and discussion of request by the Morgan-Parlin Panthers to locate an office trailer in Kennedy Park to be used as their administrative offices for the Pop Warner Cheerleading and Football Programs. These programs are an off-shoot of the Borough’s Recreation Department.

- Approved.

Recreation: none

Water & Sewer:

  1. Authorization to execute a Utility Relocation Agreement with Middlesex County in conjunction with a County Guardrail Improvement Program.

- Resolution.

Personnel:

  1. Department of Water & Sewer –
  1. Sewer Division: Pumping Station Repairer – Change in employment status from provisional to permanent. The permanent appointment of Richard Jurkiewicz and Edward Downes to the title of Pumping Station Repairer effective September 29, 2009 as a result of a “desk audit” and the subsequent civil service certification. Both individuals are currently serving in a provisional capacity in this title.

- Resolution.

  1. Department of Code Enforcement & Zoning:
  1. Fire Protection Inspector (Part-Time): – Change in employment status from provisional to permanent. The permanent appointment of Scott Melski to the title of Fire Protection Inspector effective September 29, 2009 as a result of a civil service certification. Mr. Melski is currently serving in a provisional capacity in this title.

- Resolution.

  1. Department of the Office on Aging:
  1. Clerk (Full-time) - Change in employment status from Part-time Permanent to Full-time Permanent to replace Marie Brown who will be retiring after nearly 28 years of service to the Borough. Ms. Brown’s retirement is scheduled for November 1, 2009 therefore, the appointment will become effective November 2, 2009 (upon Ms. Brown’s retirement). The part-time position that will be vacated will be eliminated from future budgets resulting in a net savings of over $29,000 annually.

- Change in Work Time Status.

  • C.F.O. WAYNE A. KRONOWSKI

1) Report on Bond Sale held September 15, 2009.

  • BOROUGH ATTORNEY AGENDA/REPORT
  • BOROUGH ENGINEER AGENDA/REPORT

1. 2007 Roadway Paving & Reconstruction Project – Phase I

Closeout of Contract and Change Order (Report Attached)

2. Improvements to Woodside Park – Closeout of Contract and Change Order (Report Attached)

3. Raritan Street Park & Ride Improvements Closeout of Contract and Change Order (Report Attached)

4. Main Street Sidewalk Improvements – Receipt of Bids (report attached)

5. Ernston Road / Bordentown Avenue Intersection Improvements –

Status of Project (Copy of Letter).

- (1-4) Resolutions.

FOR YOUR INFORMATION

  • ADMIN. & FINANCE

BOROUGH OF SPOTSWOOD

Received copy of Resolution adopted by the Borough of SpotswoodOpposing “Fast-Track” Legislation issued by the NJ State Legislature.

- No Comments / Receive & File.

  • PLANNING & ZONING

NOTICE TO ADJACENT PROPERTY OWNERS

a) Application filed by property owner of Block 455, Lots 3,4,5, 400 Lorraine Avenue, to appear before the Zoning Board of Adjustment on Sept. 23, 2009 seeking various relief. - No Comments / Receive & File.

  • PUBLIC WORKS
  • PUBLIC SAFETY

SHRI DWARKADHISH TEMPLE

Received notice of Diwali & Hindu New Year Day Celebration/Religious functions.

- October 14-19, 2009 5PM – 9PM (October 17, 18 & 24th, 2009 are for celebrations)

MINUTESRec. & File

Board of Education- Agenda & RegularAug. 18, 2009

- RegularSept. 1, 2009

Board of HealthJune 4, 2009

Cultural Arts CouncilJune 10, 2009

Middlesex County Planning BoardJune 9, 2009

Planning BoardSeptember 2, 2009

Shade Tree CommissionAugust 20, 2009

PUBLIC HEARING ON AND

APPROVAL OF THE CONSENT AGENDA RESOLUTIONS

Mayor O’Brien opened the meeting to the public on Consent Agenda Resolutions.

No appearances.

Councilwoman Siarkiewicz moved the Public Hearing be closed and the Consent Agenda Resolutions be approved on Roll Call Vote.

Seconded by Councilman Drwal.

Roll Call, Councilpersons Drwal - Ayes,

Eicher – Ayes,

Kaiserman – Ayes to all except Nay to #2009-221,

Kelly, Ayes,

Siarkiewicz, Ayes to all except #2009-221.

RESOLUTION #2009-213

WHEREAS, the Borough of Sayreville has participated as a member of the Middlesex County Municipal Joint Insurance Fund (hereinafter the “Fund”) existing pursuant to Chapter 372, Laws of 1983 (N.J.S.A. 40A:10-36 et. seq.); and is desirous of continuing said membership for a term expiring on December 31, 2012; and

WHEREAS, the governing body of the Borough of Sayreville has determined that continued membership in the Fund is in the best interest of the municipality;

NOW, THEREFORE, BE IT RESOLVED by the Borough of Sayreville, in the County of Middlesex, and the State of New Jersey, as follows:

SECTION 1. The Borough of Sayreville hereby agrees to continue as a member of the Fund for a period commencing January 1, 2010, and terminating on December 31, 2012 for the purpose of securing the following types of insurance coverage:

a)Worker’s Compensation and Employer’s Liability

b)General Liability Coverage (including Public Official, Police Professional)

c)Motor Vehicle and Equipment Liability Coverage

d)Property Damage Coverage (including Building & Contents, Automobile Physical Damage, Contractors Equipment, Boiler & Machinery and Public Employee Blanket Bonds).

After the expiration of the initial period of membership, participation may be canceled or extended in accordance with the By-Laws of the Fund.

SECTION 2. For the purposes of contribution of sums into the Fund to be designated for administrative costs and claims, the Borough of Sayreville hereby agrees to obtain the types of coverage from the Fund as set forth in Section 1 of this Resolution and Indemnity and Trust Agreement to be signed by it.

SECTION 3. The By-Laws of the Middlesex County Municipal Joint Insurance Fund, attached hereto, have been adopted and accepted.

SECTION 4. The Governing Body is hereby authorized and directed to execute an Indemnity and Trust Agreement signifying continued membership.

/s/ Stanley Drwal, Councilman

(Admin. & Finance Committee)

APPROVED:

/s/ Kennedy O’Brien, Mayor

RESOLUTION #2009-214

BE IT AND IT IS HEREBY RESOLVED, that the proper Borough officials

are hereby authorized and directed to execute an Inter-local services agreement with the

Middlesex County Department of Transportation in order for the County to provide

continued Senior Citizen Bus Transportation for the years January 1, 2010 through

December 31, 2012.

/s/ Stanley Drwal, Councilman

(Admin. & Finance Committee)

APPROVED:

/s/ Kennedy O’Brien, Mayor

RESOLUTION #2009-215

WHEREAS, Victory Entertainment, Inc. is the holder of Plenary Retail Consumption License #1219-33-028-008 in the Borough of Sayreville; and

WHEREAS, the licensee did file a verified petition requesting authorization for the Borough of Sayreville to consider its renewal application for the 2009-2010 license term; and

WHEREAS, on September 9, 2009, Jerry Fischer, Director of the State Division of Alcoholic Beverage Control, did make a Special Ruling to permit the filing of a renewal application of an inactive license, pursuant to N.J.S.A. 33:1-12.39, Agency Docket No. 09-09-6032 for a two-year period, covering the 2009/2010 and 2010/2011 license terms; and

WHEREAS, the said Special Ruling of the Director does authorize the Mayor and Borough Council to consider the application for renewal of the subject license for the 2009/2010 license term and to grant or deny said application in the reasonable exercise of its discretion;

NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Mayor and Borough Council do hereby grant the renewal of Plenary Retail Consumption License No. 1219-33-028-008 to the licensee for the 2009/2010 license term, pursuant to special conditions as contained in the Special Ruling issued by the Director of the State Division of Alcoholic Beverage Control issued on September 9, 2009.

BE IT FURTHER RESOLVED THAT this Resolution shall take effect immediately and/or as required by law.

/s/ Stanley Drwal, Councilman

(Admin. & Finance Committee)

APPROVED:

/s/ Kennedy O’Brien, Mayor

Place-To-Place Transfer

RESOLUTION #2009-216

WHEREAS, an application has been filed for a Place-To-Place Transfer

of Plenary Retail Consumption License Number 1219-33-010-004, issued to

219 Washington Road, LLC. for premises heretofore located at 219 Washington Road, Sayreville, NJ 08872; and

WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid, and the license has been properly renewed for the current license term.

NOW, THEREFORE BE IT RESOLVED that the Governing Body of the Borough of Sayreville does hereby approve, effective September 30, 2009, the Place to Place transfer of the aforesaid Plenary Retail Consumption license premises, from its former location at219 Washington Road, Sayreville, NJ, to its new location at 2047 Route 35, Sayreville, P.O. South Amboy, NJ 08879 and does hereby direct the Borough Clerk of the Borough of Sayreville to endorse the license certificate as required by law.

/s/ Stanley Drwal, Councilman

(Admin. & Finance Committee)

APPROVED:

/s/ Kennedy O’Brien, Mayor

Place-To-Place Transfer

RESOLUTION #2009-217

WHEREAS, an application has been filed for a Place-To-Place Transfer of Plenary Retail Consumption License Number 1219-33-045-005, issued to PSP Pride Corp. for premises heretofore located at 2047 Route 35, Sayreville, P.O. South Amboy, 08879; and

WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid, and the license has been properly renewed for the current license term.

NOW, THEREFORE BE IT RESOLVED that the Governing Body of the Borough of Sayreville does hereby approve, effective September 30, 2009, the Placeto Place transfer of the aforesaid Plenary Retail Consumption license premises, from its former location at 2047 Route 35, Sayreville, P.O. South Amboy, NJ to itsnew location at 219 Washington Road, Sayreville, NJ 08872 and does hereby direct the Borough Clerk of the Borough of Sayreville to endorse the license certificate as required by law.

/s/ Stanley Drwal, Councilman

(Admin. & Finance Committee)

APPROVED:

/s/ Kennedy O’Brien, Mayor

RESOLUTION #2009-218

BE IT RESOLVED that the proper Borough officials are hereby authorized and directed to refund property taxes for a portion of 2008 tax year, effective September 29, 2008, in the total amount of $1,048.11 due to the approvalby the Tax Assessor of a 100% Disabled Veteran’s Tax Deduction covering Block 212.05,Lot 18.17, 17 Begonia Court.

/s/ Stanley Drwal, Councilman

(Admin. & Finance Committee)

APPROVED:

/s/ Kennedy O’Brien, Mayor

RESOLUTION #2009-219

BE IT AND IT IS HEREBY RESOLVED, that the proper Borough officials

are hereby authorized and directed to execute a Municipal Sponsor Agreement with

NJ Transit for the placement of a Trenton Style Bus Shelter along Ernston Road,

westbound, at Singer Court-far side, at existing bus stop.

/s/ Kenneth P. Kelly, Sr., Councilman

(Public Works Committee)

APPROVED:

/s/ Kennedy O’Brien, Mayor

RESOLUTION #2009-220

BE IT AND IT IS HEREBY RESOLVED, that the proper Borough officials are hereby authorized and directed to execute a Utility Relocation Agreement with Middlesex County in conjunction with a County Guardrail Improvement Program as contained in said agreement.