AGENDA / REGULAR MEETING / 102
CALL TO ORDER
Agenda and Regular meeting of the Mayor and Borough Council held on Monday, February 22, 2010.
Mayor O’Brien opened the meeting at 6:34 P.M. followed by a short prayer and salute to the flag.
STATEMENT OF NOTICE OF PUBLICATION
Clerk Farbaniec announced that this Agenda and Regular Meeting of the Mayor and Council being held on February 22, 2010 has been advertised and posted 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
Roll Call: Councilperson Bella, Eicher, Kaiserman, Kelly, Perrette, Siarkiewicz.
Absent: None
Others Present: Mayor O’Brien
Business Admin. Bertrand,
Municipal Clerk Farbaniec,
Borough Attorney Verrone,
Engineer Cornell.
Others Absent: C.F.O./Treasurer Kronowski,
OLD BUSINESS - None
CONSENT AGENDA COMMUNICATIONS
· ADMINISTRATION & FINANCE – Co. Perrette
#1) APPLICATION(S) FOR BINGO/RAFFLE LICENSES
a) Received from Our Lady of Victories HSA to conduct an On-Premise 50/50 on April 9, 2010 (RA: 1633).
b)Received from Our Lady of Victories HSA to conduct an On-Premise Draw (Tricky Tray) on
April 9, 2010 (RA:1634).
- a&b) Approved,
#2) LaMARINA, LLC, 1776 RT. #35
Application for a Person to Person Transfer of P.R.C.L. #1219-33-060-005
From: Spanish Riviera, To: LaMarina, LLC, Located: 1776 Route 35.
- Resolution #2010-52
#3) TAX ASSESSMENT APPEALS
(a) 2008 ADDED/OMITTED
Received from LaMer V, LLC:
Blk. 449, Lot 6.51 - 6203 Fernandez Ct. c0603
Blk. 449, Lot 6.51 - 6301 Fernandez Ct. c0608
Blk. 449, Lot 6.51 - 6304 Fernandez Ct. c0611
Blk. 449, Lot 6.51 - 6305 Fernandez Ct. c0612
Blk. 449, Lot 6.51 - 6307 Fernandez Ct. c0614
Blk. 449, Lot 6.51 - 6401 Fernandez Ct. c0615
Blk. 449, Lot 6.51 - 6402 Fernandez Ct. c0616
Blk. 449, Lot 6.51 - 6403 Fernandez Ct. c0617
Blk. 449, Lot 6.51 - 6404 Fernandez Ct. c0618
Blk. 449, Lot 6.51 - 6405 Fernandez Ct. c0619 - Refer to Tax Counsel
(b) 2009 TAX APPEAL
Received from Barnett, Janice & Tanaisha, Blk 332.02, Lot 3.01, 2 Avon Way. - Refer to Tax Counsel
#4) THERESA A. FARBANIEC, RMC
Request authorization to direct the Borough Engineer provide updated Drug Free School and Park Zone Maps. - Approved .
#5) BOROUGH OF DUNELLEN
Received copy of Resolution Opposing the adoption of P.L. 2009, c. 118 and its Application Statewide.
-Creating a pilot program in Gloucester County whereby the county will take over the tax
assessment and valuation duties heretofore performed by the municipal tax assessors and the Legislature is considering the expansion of this pilot program statewide.
- Resolution objecting to and opposing this pilot program in Middlesex County #2010-53
Councilman stated this also ties together with Senate Bill #458 whereby they are trying for shared services at the County level. He called for a Resolution at the next meeting.
REPORT OF CHAIR.
Ø Analysis of Water Charges Realized.
Councilman Perrette moved the following reports be received and filed:
Ø Municipal Clerk’s report for the month of January, 2010;
Seconded by Councilwoman Siarkiewicz.
· PLANNING & ZONING – Co. Kaiserman
#6) NEW JERSEY LEAGUE OF MUNICIPALITIES
Requesting municipalities oppose S-82 and A437 bill, which effectively modify the “time of decision” rule and grants protection to the applicant whose application is being considered by the municipal Planning or Zoning Board of Adjustment.
- Resolution opposing. #2010-54
REPORT OF CHAIR.
Councilman Kaiserman moved the following reports be received and filed:
Ø Construction Official’s report for the month of January, 2010;
Seconded by Councilwoman Siarkiewicz.
· PUBLIC SAFETY – Co. Eicher
#7) KNIGHTS OF COLUMBUS COUNCIL #2061
Request to solicit funds to benefit Sayreville BIC on Washington Road & Ernston Road on
April 10 & 11th, 2010. - Approved
#8) BOARD OF HEALTH
Notice of Free Rabies Clinic for Dogs & Cats on Sat. May 1, 2010 From 9AM-3PM.
and
Requesting permission to close off Veteran’s Drive for the Clinic. - Approved.
#9 SAYREVILLE ENGINE COMPANY NO. 1
Received request to travel to Belmar, NJ to attend Belmar’s St. Patrick’s Day Parade on March 7, 2010 from 9-5PM. (Approved by Fire Chief) - Approved
REPORT OF CHAIR.
Councilwoman Eicher moved the following monthly reports be received & filed:
Ø County Health Inspector Report for the months of January, 2010.
Ø Registrar’s Report for the month of January, 2010;
Ø Court Administrator’s report for the month of January, 2010;
Ø Fire Prevention Report for the month of January, 2010.
Seconded by Councilwoman Siarkiewicz.
Councilwoman Eicher then asked about the Dwarkadhish events listed under FYI.
Response by Business Admin.
· PUBLIC WORKS – Co. Kelly
REPORT OF CHAIR.
Councilman Kelly moved the following monthly reports be received & filed:
Ø Buildings & Grounds report for the month of January, 2010;
Ø Road Dept. Supervisor Report for the month of January, 2010.
Seconded by Councilwoman Siarkiewicz.
REPORT OF CHAIR. – Councilman Kelly once again thanked the employees of the Department of Public Works for their outstanding effort during the last snow storm. Stating they worked tirelessly and all issues were addressed.
· WATER & SEWER – Co. Bella
REPORT OF CHAIR.
Councilman Bella moved the following monthly reports be received & filed:
Ø Water & Sewer Director report for the month of January, 2010.
Seconded by Councilwoman Siarkiewicz.
· RECREATION – Co. Siarkiewicz
SAYREVILLE DAY COMMITTEE
Requesting permission to conduct their Annual Sayreville Day 2010 event on Sunday, September 19, 2010 at Kennedy Park. - Approved
REPORT OF CHAIR.
Councilwoman Siarkiewicz moved the following monthly reports be received & filed:
Ø Office on Aging Director’s report for the month of January, 2010.
Seconded by Councilman Kelly.
Councilwoman Siarkiewicz announced various recreation events.
· MAYOR O’BRIEN
Mayor commented about an article published last week in the Star Ledger regarding an ethics complaint filed by a councilperson alleging he may have violated State Law by meeting with a developer. He stated that as Mayor he is the executive head of the borough and it is entirely appropriate and not unusual for a developer to approach the Mayor to gauge the receptiveness of the municipality to a particular project and that he did nothing wrong, illegal or unethical. He said the complaint is entirely without merit and he is confident that the Dept. of Community Affairs will confirm this.
He also expressed his displeasure about an accusation made by a member of the planning board accusing another of tampering with planning board tapes.
BUSINESS ADMINISTRATOR'S AGENDA/REPORT
Administration & Finance:
a. Authorization to renew the Accident & Sickness policy with VFIS and National Union Fire Insurance Company of Pittsburgh, PA for all emergency volunteers in the Borough. The annual premium is $5,040.
- Consent Agenda Resolution #2010-55.
b. Authorization to execute a temporary agreement with Blumig Kennels of East Brunswick to provide shelter services for stray animals. The agreement is on per animal basis with a $200 per month administrative fee. The cost per animal is $65 per cat and $75 per dog. This agreement shall be for a period not to exceed 120 days.
- Consent Agenda Resolution #2010-56.
RFP to go out in the near future.
Councilwoman Eicher acknowledged the fact that they are a “kill shelter” and asked what their euthanasia cost was and if we checked into other shelters.
Business Admin. responded that their goal is to adopt first, then use euthanasia, and that it is included in the “cost”. He stated they have also checked into other municipalities.
Councilwoman Eicher said Whiskers Rescue organization reached out to her again with regard to the TNR program and if the borough was interested or not. Stated that with the current Board of Health Ordinance which was being discussed, they would not be able to work with us. She asked what the input was from the council, because if it is the majority of the council that does not want it they would move on.
Mayor said he asked the President from the Board of Health to come to the next meeting for a presentation in order for us to move forward on the TNR issue and the ordinance.
Councilwoman Eicher asked the Business Admin. to give a weekly report on the use of Blumig Kennels. How much is costs, how many cats and dogs come in and how many were euthanized.
c. Update on the planned commuter shuttle program and alternative funding source availability. He informed the governing body that NJ Transit notified us that they no longer have operational money for us and suggested that we contact NJ Transportation Planning Agency. He said they have the bus but not the operational money and that our only option was to go through CMAC.
Mayor asked that a letter be sent to find out if it would be of no cost to the borough if we were to withdraw. He also wants the Admin. & Finance Committee to review this, due to the fact that it is not what it was purported to.
Councilwoman Eicher expressed her opinion as to why that money may no longer exist. She said the New Jersey Dept. of Transportation had a web site on this program and it’s funding.
Councilman Perrette said that he will look at what the new deal is and if the old deal is dead.
Councilman Bella asked if this program dies what will happen to the two new employees we hired for this program
Response by Business Admin. Bertrand that they would comply with the rules and regulations of the Dept. of Personnel.
Councilwoman Siarkiewicz asked how long the CMAC program commitment was for.
Business Admin. stated that it was a three year program for an equal amount each year, 75% of the annual cost for the first three years.
Public Works:
a. Authorization to award a contract to THC Enterprises, Inc. as a result of public bid for the acquisition of Heil Replacement Parts for the current garbage trucks. The bid price was set at 4% below MSRP.
- Consent Agenda Resolution #2010-57.
Recreation: none
Water & Sewer:
a. Notification of award of emergency contract for emergency work performed on the Crossman Pump Station due to a failed variable frequency drive (VFD) that controls the overall operation of the pump. The Borough utilized Rapid Pump & Meter from Paterson, NJ for a total contract price not to exceed $24,000.
b. Authorization for CME to file with the NJDEP a Water Allocation Transfer from the Morgan Treatment Plant to the Duhernal System. The cost of this preparation of this plan and its subsequent submittal shall not exceed $4,500.
- Consent Agenda Resolution # 2010-58.
c. Authorization to extend the existing contract for the purchase of water meters and related equipment with HD Supply Waterworks of Berlin, NJ for an additional two-year period as provided for in the original contract. The contract will extend through February 2012 with no change in the current pricing.
- Consent Agenda Resolution # 2010-59.
Public Safety: none
Planning & Zoning: none
Personnel:
As discussed and approved last meeting, the appointment of a Clerk in the Recreation Department, replacing a retiree. (transfer from the Construction Dept.).
- Consent Agenda Resolution #2010-62
· C.F.O. WAYNE A. KRONOWSKI
1. Approval of Bills (Resolution Approving Bills for Payment)
- Consent Agenda Resolution #2010-60
· BOROUGH ATTORNEY AGENDA/REPORT
None
· BOROUGH ENGINEER AGENDA/REPORT
1. Middlesex Realty Group LLC Site Plan – Bond Reduction Request
(Report Enclosed)
Consent Agenda Resolution #2010-61
FOR YOUR INFORMATION
· ADMIN. & FINANCE
· PLANNING & ZONING
NOTICE TO ADJACENT PROPERTY OWNERS
Notice of hearing before the Zoning Board of Adjustment scheduled for February 24, 2010.
a) Application seeking approval to build a single family home on an undersized lot, resulting in the need for variance and other approvals. Premises known as Block 337.01, Lot 7, Washington Road.
- Receive & File.
· PUBLIC WORKS
COUNTY OF MIDDLESEX DEPT. OF PLANNING
DIVISION OF SOLID WASTE MANAGEMENT
Notice of Public Hearing for an amendment to the County’s Solid Waste Management Plan, Amendment 2009-1, Scheduled for Feb. 17, 2010 at 3:00 PM at the County Admin. Bldg., Freeholder Meeting Room, New Brunswick, NJ.
- Receive & File.
· PUBLIC SAFETY
SHRI DWARKADHISH TEMPLE
Events:
Feb. 27, 2010 – 4PM-10PM Bonfire Celebration
April 10, 2010- 1PM – 3:30 PM Parade – Washington Road.
· RECREATION
MINUTES Rec. & File
Board of Education - Regular Meeting, February 2, 2010
Commission on Aging - January 25, 2010
Commission for the Disabled - November 3, 2009
Middlesex County Planning Board - Re-Organization Meeting, January 12, 2010
Rent Leveling Board - February 9, 2010
Shade Tree Commission - Re-Organization Meeting, January 22, 2010
NEW BUSINESS – None
Councilwoman Eicher requested that Ordinance #118-10 be tabled due to the fact that we do not have County approval or a written consent from the county.
Business Admin. said it has been confirmed with the Traffic Bureau ,which indicated that we have approvals on both. We would just have to notify the County and they would take our lead.
Councilwoman Eicher said it would be better if we had the County’s approval in writing first.
Mayor stated that he does not see any reason not to accept the traffic bureau’s report to the governing body on this ordinance.
Attorney Verrone indicated that the Ordinance would be subject to County approval especially since it is a County road.
Councilwoman Eicher responded to comments made by the Mayor earlier regarding the planning board issue and explained what lead her to call the Dept. of Community Affairs.
RECESS
Mayor O’Brien called for a 20 minute recess in order for the clerk to prepare a list of action items to be added to the agenda.
Time: 7:16 P.M.
Councilwoman Siarkiewicz made a motion to recess the meeting. Seconded by Councilman Kelly.
Roll Call: Voice vote, all Ayes.
RECONVENE
Time 7:35
Councilwoman Siarkiewicz made a motion to reconvene the meeting. Seconded by Councilman Perrette.