BOROUGH OF METUCHEN COUNCIL MINUTES January 16, :30 PM

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1 BOROUGH OF METUCHEN COUNCIL MINUTES 7:30 PM The Regular Meeting of the Borough Council was held in the Council Chambers of Borough Hall on Tuesday, The Meeting was called to order at 7:30 p.m. by Mayor Busch. Adequate notice of this meeting has been given in accordance with the Open Public Meeting Act, pursuant to Public Law 1975, Chapter 231. Said notice was sent to the Home News Tribune and Star Ledger on January 4, 2018, posted in Borough Hall and on file in the Clerk s Office. All requirements of the Open Public Meetings Act have been satisfied. Present were Councilmembers Inserro, Grayzel, Muldoon, Council President Koskoski and Mayor Busch. Councilmembers Leibfried and Rasmussen were absent. Also present were Jay Muldoon, Borough Administrator, Denis Murphy, Esq., Borough Attorney and Susan Jackson, Borough Clerk. Councilman Leibfried arrived at 7:35 PM Mayor Busch asked for a moment of silence for new beginnings as Governor Murphy was sworn in this afternoon with his Chief of Staff, Peter Cammarano, the former Mayor of Metuchen, standing on the stage during the swearing in ceremony. Agenda Session Council President Koskoski made a motion to open the Agenda Session, second by Councilman Leibfried, with all in favor, motion carried, 5-0. Council President Koskoski made a motion to add Resolutions R Resolution Authorizing Promotion of Sergeant to follow after the Agenda Session; R Resolution Authorizing Consent Order on Income Limits and R Resolution Appointing Parking Enforcement Officer Jamie Faggioni to be added to the New Business Consent Agenda and three proclamations were added after the Oath of Office, second by Councilman Leibfried, with all in favor, motion carried, 5-0. Mayor Busch asked for a roll call vote: Roll Call: Inserro, Grayzel, Leibfried, Pagel and Koskoski voted yes. With no further actions taken Mayor Busch asked for a motion to close the agenda session. Council President Koskoski made a motion to close the Agenda Session, second by Councilwoman Inserro, with all in favor, motion carried, 5-0. Promotion of Sergeant and Oath of Office Council President Koskoski made a motion to approve Resolution , Resolution Authorizing Promotion of Sergeant to the Police Department, second by Councilman Grayzel, with all in favor, motion carried, 5-0. Mayor Busch asked for a roll call vote:

2 Roll Call: Inserro, Grayzel, Leibfried, Pagel and Koskoski voted yes. RESOLUTION RESOLUTION AUTHORIZING PROMOTION OF SERGEANT BE IT RESOLVED by the Mayor and Borough Council of the that Kevin Doherty, be and he is hereby promoted to Sergeant in the Metuchen Police Department for the Borough of Metuchen, Middlesex County, in accordance with law and said appointment being effective. Oath of Office was given by Mayor Busch to Sergeant Kevin Doherty. Proclamation Mayor Busch presented three proclamations to the Metuchen Bulldog Cheerleaders Pee Wee Level 2, Small, Jr. Pee Wee Level 3, Small and Bantam Level 4, Medium. Proclamation Pee Wee Level 2 - Small WHEREAS, the Metuchen Bulldog Pee Wee Level 2 Small Cheerleading Squad competed in the 2017 National Championship Tournament at Disney World, Orlando, Florida; and WHEREAS, the Metuchen Bulldog Pee Wee Level 2 placed 2nd at the 2017 National Championship Tournament; and WHEREAS, the Metuchen Bulldog Pee Wee Level 2 Small Cheerleading Squad consists of the following team members: Allie Babula, Jocelyn Banko, Emma Czerniak, Giselle DoCarmo, Emily Gambale, Jayden Langley, Anabelle Lynn, Kamryn Kondrk, Madison Kovacs, Amanda Puga and Shayna Trisker; and WHEREAS, Metuchen Bulldog Pee Wee Level 2 Small Cheerleading Squad was led into a winning tournament by the coaching staff consisting of: Head Coach- Tiffany Vandenberg, Assistant Coach - Victoria Tirone, Assistant Coach- Jennifer Smith, Assistant Coach- Laurie Toth, Team Mom- Maura Puga and High School Demonstrator- Julia Sabatini. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council, on behalf of the residents of Metuchen, wish to acknowledge and commend the Metuchen Bulldog Pee Wee Level 2 Small Cheerleading Squad and the Coaching Staff for all their time, dedication and excellence in all that they have achieved. Proclamation Jr. Pee Wee Level 3 - Small WHEREAS, the Metuchen Bulldog Jr. Pee Wee Level 3 Small Cheerleading Squad competed in the 2017 National Championship Tournament at Disney World, Orlando, Florida; and Page 2 of 21

3 WHEREAS, the Metuchen Bulldog Jr. Pee Wee Level 3 won 1st place at the 2017 National Championship Tournament bringing home the National Championship; and WHEREAS, the Metuchen Bulldog Jr. Pee Wee Level 3 Small Cheerleading Squad consists of the following team members: Ava Barasch, Ava Czerniak, Riley Delabar, Sophia Gallego, Ava Laneski, Lauren Levinsky, Arianna Martinez, Vanessa Masterio, Ella Regan, Ava Romano and Natalie Stoecker; and WHEREAS, Metuchen Bulldog Jr. Pee Wee Level 3 Small Cheerleading Squad was led into a winning tournament by the coaching staff consisting of: Head Coach - Meeghan Gehring, Assistant Coach-Jessica Gilman, Assistant Coach- Melanie Kondrk, Assistant Coach- Rhyan Stoecker, Team Mom- Elsa Hernandez and High School Demonstrator- Megan Cashin. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council, on behalf of the residents of Metuchen, wish to acknowledge and commend the Metuchen Bulldog Jr. Pee Wee Level 3 Small Cheerleading Squad and the Coaching Staff for all their time, dedication and excellence in all that they have achieved. Proclamation Bantam Level 4 - Medium WHEREAS, the Metuchen Bulldog Bantam Level 4 Medium Cheerleading Squad competed in the 2017 National Championship Tournament at Disney World, Orlando, Florida; and WHEREAS, the Metuchen Bulldog Bantam Level 4 Medium won 1st place at the 2017 National Championship Tournament bringing home the National Championship and as well as winning 1st place for the highest jump score; and WHEREAS, the Metuchen Bulldog Bantam Level 4 Medium Cheerleading Squad consists of the following team members: Ava Babula, Amy Casale, Alexandra Delabar, Annalise DellaVentura, Nellie Gelber, Kira Kornitas, Paige Larson, Brooke Marotta, Danielle Morio, Grace Regan, Tyler Resko, Julia Sabatini, Stephorah Serieux, Katie Teitchen and Charlotte Waring; and WHEREAS, Metuchen Bulldog Bantam Level 4 Medium Cheerleading Squad was led into a winning tournament by the coaching staff consisting of: Head Coach- Kelly Delabar, Assistant Coach- Jannine Hernandez, Assistant Coach- Meeghan Gehring, Assistant Coach- Kerri Kovacs, Team Manager- Tammy Sabatini and Team Mom- Tracey Gelber. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council, on behalf of the residents of Metuchen, wish to acknowledge and commend the Metuchen Bulldog Bantam Level 4 Medium Cheerleading Squad and the Coaching Staff for all their time, dedication and excellence in all that they have achieved. Regular Meeting Peter Fairclough was not able to make it to the meeting. Councilman Leibfried gave the EMS year-end report. Council President Koskoski motion to accept the Minutes of December 16, 2017 and the Reorganization Meeting of January 1, 2018, second by Councilman Leibfried, with all in favor, motion carried, 5-0. Page 3 of 21

4 Public Comment Mayor Busch opened Public Comment to any members of the public wishing to speak. Robert Flowers, 11 Alden Avenue, Metuchen has serious concerns about the lack of safety and protection when implementing sharrows instead of bike lanes. He is asking that the Council consider some other alternatives instead of sharrows. Mr. Muldoon addressed Mr. Flower s concerns. Mayor Busch stated that it is important to start somewhere with a temporary fix and move forward with a more permanent solution for the future. Mr. Flowers also addressed the resolution that opposed the new proposed OPRA laws that would make government more transparent. Councilman Grayzel addressed his concern and explained the concerns that would come with the changes and the undue burden it would cost the Borough. Jane Kimler Fussillo, 292 High Street, Metuchen is still concerned with the parking and traffic on High Street and demands that something be done to rectify these issues. She wants light shields on the parking lot lights in Momentum s parking lot. Jenna Fussillo, 292 High Street, Metuchen also addressed her concerns with the parking and traffic on High Street. Barbara Khune, 267 High Street, Metuchen spoke about the line of traffic on Saturday during the drop off of children at the Sportsplex. Seeing no one else wishing to speak, Mayor Busch closed the Public Comment. Communications Consent Agenda Items A - C Council President Koskoski made a motion to move Communication Consent Agenda, Items A - C, second by Councilman Leibfried, with all in favor, motion carried, 5-0 A. Receive and Accept Metuchen Planning Board Meeting Minutes of October 5, 2017 and November 2, 2017 B. Receive and Accept Metuchen Traffic & Transportation Meeting Minutes of November 11, 2017 C. Receive and Accept Metuchen Area Chamber of Commerce Event Dates for 2018 Reports of Councilmembers Mayor Busch opened Reports of Councilmembers. Council President Koskoski - Traffic and Transportation continues to work on the safety plans on Grove Avenue. - There have been complaints about dark areas and Councilwoman Rasmussen will be embarking on a lighting survey and will start looking at the issue. Councilwoman Rasmussen will have more to report at the next meeting. - The Arts Council hasn t met yet. Page 4 of 21

5 - The Human Relations Commission had their reorganization meeting and spent time going over their calendar of events. Councilwoman Inserro - Board of Health will be meeting on January 31, The annual free Rabies Clinic is this Saturday, Jan. 20 th, at the Senior Center from 9:00 to Noon. - Library Board of Trustees met last week and are pleased to announce that they are receiving more grant monies. They just received $6,000 to continue their Historical database and $1,500 for a series of Art Classes for children. - The annual local History Day will be February 11 th from 1:00 to 4:00 PM and the Lunar New Year will be held on February 25 th from 1:00 to 4:00 PM. - Last week some of the members of Metuchen Municipal Alliance were trained on the use of Narcam. About 15 members of the community also attended. If more people are interested in learning how to administer Narcam, the Borough can organize another meeting through the State grant that came from JSAS Health Care. - She congratulated Sergeant Doherty on his promotion. He was the Police Officer Liaison to the Metuchen Municipal Alliance for a couple of years. Councilman Grayzel - Parking Authority is currently meeting tonight and will be attending the first Council meeting in February to present their proposal for replacement parking meters. Councilman Leibfried - The Pool Commission met last Monday evening. The installation of the new baby pool deck and a new playground will be done this pool session. - The Recreation Commission is meeting currently tonight and will have a full report at the next Council meeting. The Recreation Commission continues to work on field uses and will present recommendations to the Council at a future date. - He thanked Rev. Owens and the New Baptist Church for their recognition celebration for Martin Luther King, Jr. It was a very moving service and he was very happy to attend along with his children so that they may witness the many diverse people who came together to continue the teachings of Martin Luther King, Jr. Councilman Pagel - Shade Tree Commission is working on plans to replace trees that are aging and to trim trees. They are working with the Borough Administrator to identify trees that need to be taken down and replaced - They are starting with their spring plantings of trees. If any member of the community would like a tree planted please contact the Shade Tree Commission. Councilwoman Rasmussen Absent Reports of Officers Denis Murphy, Esq. Has no report at this time. Jay Muldoon, Administrator Has no report at this time. Page 5 of 21

6 Report of the Mayor - Spoke about the incredible pride he had in attending the inauguration of Governor Murphy and seeing Pete Cammarano standing nearby as the Chief of Staff. It is a great honor to be able to serve as Chief of Staff as well as a great honor for the Borough to have one of its own serve the. - He watched the Fire Department put out a fire yesterday and commends them on how incredible the Fire Department is and how awe inspiring is to watch them work to save the home from extensive damage and see them do everything to protect the surrounding homes from any damage. - Metuchen Borough has a very excited group of recreational ice skaters in town. With the cold snap over the last couple of weeks some of the residents have expressed an interest to skate on Tommy s Pond. There will be opportunities moving forward to skate on Tommy s Pond with DPW s continual maintenance to check on the ice to insure the safety to all skaters. - The Borough is actively looking for ways to communicate with residents through Face Book, Twitter and other forms of multimedia and not just for emergencies but for all Borough activities. New Business Consent Agenda Resolutions R through R , R & R Council President Koskoski moved New Business Consent Agenda Resolution through Resolution , R & R , second by Councilwoman Inserro, with all in favor, motion carried, 5-0 Mayor Busch asked for a roll call vote: Roll Call: Inserro, Grayzel, Leibfried, Pagel and Koskoski voted yes. RESOLUTION RESOLUTION REFUNDING SIDEWALK ESCROW FEE # COLUMBIA AVENUE WHEREAS, N. J. Finest LLC posted $ for curb, apron and sidewalk escrow fees at 219 Columbia Avenue; and LLC, WHEREAS, the Planning Office has requested that the escrow fees be refunded to N. J. Finest NOW, THEREFORE, BE IT RESOLVED, that N. J. Finest LLC be refunded $ from the Sidewalk Inspection Escrow account. RESOLUTION RESOLUTION REFUNDING SIDEWALK ESCROW FEE # Page 6 of 21

7 205 COLUMBIA AVENUE WHEREAS, LoChiatto Paving and Masonry Co., 1607 Route 27, Edison, NJ 08817, made payment on September 5, 2017 in the amount of $ for apron and sidewalk replacement at 205 Columbia Avenue, Metuchen, NJ 08840, Block 51.10, Lot 18; and WHEREAS, LoChiatto Paving and Masonry Co. has requested the escrow fees be refunded since the homeowner no longer wishes to have the work performed; and NOW, THEREFORE, BE IT RESOLVED, by the Borough Council of the Borough of Metuchen, that the Chief Financial Officer is hereby authorized and directed to release escrow account number in the amount of $ to LoChiatto Paving and Masonry Co., 1607 Route 27, Edison, NJ RESOLUTION RESOLUTION REFUNDING SIDEWALK ESCROW FEE # ORCHARD AVENUE WHEREAS, Anda Builders, LLC posted $ for curb, apron and sidewalk escrow fees at 57 Orchard Avenue; and WHEREAS, the Planning Office has requested that the escrow fees be refunded to Anda Builders, LLC, NOW, THEREFORE, BE IT RESOLVED, that Anda Builders, LLC be refunded $ from the Sidewalk Inspection Escrow account. RESOLUTION RESOLUTION AUTHORIZING REFUND OF INSPECTION FEE 205 COLUMBIA AVENUE WHEREAS, LoChiatto Paving and Masonry Co., 1607 Route 27. Edison, NJ 08817, made payment on September 5, 2017 in the amount of $ for an inspection fee for apron and sidewalk replacement at 205 Columbia Avenue, Metuchen, NJ 08840, Block 51.10, Lot 18; and WHEREAS, LoChiatto Paving and Masonry Co. has requested the inspection fee be refunded since the homeowner no longer wishes to have the work performed; and NOW, THEREFORE, BE IT RESOLVED, by the Borough Council of the Borough of Metuchen, that the Chief Financial Officer is hereby authorized and directed to release the inspection fee in the amount of $ to LoChiatto Paving and Masonry Co., 1607 Route 27, Edison, NJ Page 7 of 21

8 RESOLUTION RESOLUTION AUTHORIZING THE ENTRY INTO AND THE EXECUTION OF THE AGREEMENTS BETWEEN THE BOROUGH OF METUCHEN AND THE COUNTY OF MIDDLESEX FOR THE INSTALLATION OF THE SHARED LANE MARKINGS AND THE COMMUNITY WAY FINDING SIGNS WHEREAS, the has determined that it is in the best interest of its residents to install Community Way Finding Signs throughout the community, including along Middlesex County roads throughout Metuchen; WHEREAS, the has also determined that it is in the best interest of its residents to install Shared Lane Markings along Amboy Avenue, a Middlesex County road; WHEREAS, the has requested permission from the to install Community Way Finding Signs along County roads throughout Metuchen and the County has granted such permission under certain terms and conditions and upon the execution of a mutually acceptable agreement between the Borough and the with said terms and conditions; WHEREAS, the has requested the install Shared Lane Markings on Amboy Avenue and the County has agreed to the same under certain terms and conditions and upon the execution of a mutually acceptable agreement between the Borough and the with said terms and conditions; and WHEREAS, the Borough has determined it to be in the best interest of the Borough to authorize the entry into and the execution of the Agreements with the for the installation of the Shared Lane Markings on Amboy Avenue and for permission to install Community Way Finding Signs along County roads throughout the Borough. NOW THEREFORE BE IT RESOLVED by the Council of the that it hereby authorizes the entry into the Agreements with the for the installation of the Shared Lane Markings on Amboy Avenue and for permission to install Community Way Finding Signs along County roads throughout the Borough consistent in the forms attached hereto; and BE IT FURTHER RESOLVED that the Mayor, Borough officials and employees are hereby authorized to take all necessary actions in order to effectuate the terms and provisions of this Resolution including but not limited to the execution of the Agreements with County of Middlesex consistent with the forms attached hereto, and any further action necessary to effectuate the final executed Agreements. RESOLUTION Page 8 of 21

9 RESOLUTION INTRODUCING AND APPROVING THE SPECIAL IMPROVEMENT DISTRICT/METUCHEN DOWNTOWN ALLIANCE BUDGET FOR 2018 WHEREAS, by way of Ordinance No, , the created a Special Improvement District and also designated Metuchen Downtown Alliance, as the District Management Corporation as defined in N.J.S.A. 40:56-66(c) for the Special Improvement District; and WHEREAS, Metuchen Downtown Alliance submitted to the Mayor and Council a proposed budget for the Year 2018 for consideration and approval; and WHEREAS, the Mayor and Council of the deem it in the best interest of the Borough to introduce and approve the Metuchen Downtown Alliance proposed budget for 2018 for the Special Improvement District, and to fix the time and place for the holding of a public hearing upon the budget. NOW THEREFORE BE IT RESOLVED by the Council of the that the following statements of revenues and appropriations shall constitute the Metuchen Downtown Alliance Budget for the Special Improvement District for the Year 2018: GENERAL REVENUE ANTICIPATED REVENUE Borough Contribution $125, Amount to be raised by Special Improvement District Assessments $165, Miscellaneous Revenue $ 89, Total General Revenue $379, APPROPRIATIONS GENERAL APPROPRIATION APPROPRIATIONS Operating Salaries & Wages $ 77, Other Expenses $301, Total General Appropriations $379, BE IT FURTHER RESOLVED that said Budget shall be published in the newspaper prior to the public hearing to be conducted on Tuesday, February 20, 2018 at 7:30 p.m. in the Council Chambers of Borough Hall as provided by law; and BE IT FURTHER RESOLVED that at the public hearing on said Budget comments and objections to said Budget for the Year 2018 may be presented by Special Improvement District taxpayers, the Metuchen Downtown Alliance Members or other interested persons or entities. Page 9 of 21

10 BE IT FURTHER RESOLVED by the Mayor and Council of the that upon the final adoption of the Special Improvement District/Metuchen Downtown Alliance Budget set forth above, it shall constitute an appropriation for the purposes stated in the sums thereof as appropriations in the amount thereof. RESOLUTION RESOLUTION APPOINTING FIREFIGHTER RICHARD KUN WHEREAS, the Mayor and Borough Council have been notified by Robert Donnan, Chief of the Metuchen Fire Department, that Richard Kun has been approved to be a permanent member of the Metuchen Fire Department; and NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Borough Council of the Borough of Metuchen that in accordance with Chapter 8 of the Code of the, Richard Kun be and he is hereby elected, approved, and confirmed as a permanent member of the Fire Department of the Borough of Metuchen. RESOLUTION RESOLUTION AUTHORIZING THE RELEASE OF THE PERFORMANCE BOND AND GUARANTEE FOR ON-SITE IMPROVEMENTS THE DISTRICT OF METUCHEN PHASE 1 BLOCK 110, LOT UPON THE POSTING OF A MAINTENANCE BOND WHEREAS, the District at Metuchen, LLC and Bluestone 31 st Street, LLC., as Tenants in Common and the District at Metuchen II, LLC are the Developers of property located at Block 110, Lots, 2, 3, 30.01, 30.02, 30.03, 30.04, 31, 33.03, 34, 35, 36, 37, 38, 39 and a portion of Lot 42, Block 111, Lots 2 and 3, Block 83, Lots 24, 26, and 27, and Block 83.01, Lots 34 and 35 shown on the Official Tax Map of the, located in the area of Middlesex Avenue, Lake Avenue and Central Avenue ( the Property ); and WHEREAS, the Developers filed applications with the Planning Board for conditional use approval, preliminary and final site plan approval with C variances and waivers for Phases I, II and III for the Property (collectively referred to as the Project ); and WHEREAS, the Metuchen Planning Board granted the Developers preliminary site plan for conditional use approval, preliminary and final major site plan approval, a C variance, waivers/exceptions for Phase I, and concept approval for Phase II and III subject to various conditions of approval and such approval was memorialized by way of Resolution of the Planning Board dated January 15, 2015; and Page 10 of 21

11 WHEREAS, the Metuchen Planning Board granted the Developers conditional use approval, preliminary and final major site plan approval, a C variance, and waivers/exceptions for Phase II and III for Block 83, Lot and Block 111, Lot 2.01, subject to various conditions of approval and such approval was memorialized by way of Resolution of the Planning Board dated March 17, 2016; and WHEREAS, the Developers of Block 110, Lot have posted, pursuant to the requirements of the Land Development Regulations and Zoning Ordinance, Performance Guarantees, guaranteeing the site improvements in conjunction with the improvements at the location for Phase I of the Project; and WHEREAS, the Developers have completed said improvements and have requested the release of said performance guarantees posted for Phase I of the Project; and WHEREAS, the Borough Engineer, Planner and Zoning Officer have made inspections of the improvements and the Borough Engineer by letter dated November 30, 2017, a copy of which is attached hereto, and made part hereof, made a determination that all bonded improvements have been completed and are satisfactory and recommended the release of the performance guarantee for Phase I of the Project in the amount of $636,797.78(Surety Bond) and 10% cash bond in the amount of $70, upon the posting of a maintenance guarantee in the amount of $294, for a period of two years from the date of the within Resolution to insure against the defects in the bonded improvements acceptable in form by the Borough Attorney and the posting of inspection fees in the amount of $2, NOW THEREFORE BE IT RESOLVED by the Council of the that it hereby authorizes the release of the aforementioned performance guarantees for Phase I of the Project in the amount of $636, (Surety Bond) and the 10% cash bond in the amount of $70, plus interest to The District of Metuchen, LLC, 3663 Route 9, Suite 202, Old Bridge, NJ upon satisfaction of the terms and conditions of the Borough Engineer s correspondence dated November 30, 2017, including but not limited to the posting of a two (2) year maintenance guarantee in the amount of $294, to insure against defects in the bonded site improvements in the form acceptable by the Borough Attorney and the posting of inspection fees in the amount of $2,948.14; and BE IT FURTHER RESOLVED that prior to the release of any outstanding escrow funds, the District of Metuchen, LLC shall reimburse the Borough the costs of any outstanding fees for professional services and ensure sufficient funds are made available for payment; and BE IT FURTHER RESOLVED that the Borough officials and employees are hereby authorized to take all necessary actions in order to effectuate the terms and provisions of this Resolution. RESOLUTION RESOLUTION AUTHORIZING THE RELEASE OF EASEMENT GRANTED TO THE BOROUGH OF METUCHEN WHEREAS, the District at Metuchen, LLC and Bluestone 31 st Street, LLC., as Tenants in Common and the District at Metuchen II, LLC are the Developers of property located at Block 110, Lots, 2, 3, 30.01, 30.02, 30.03, 30.04, 31, 33.03, 34, 35, 36, 37, 38, 39 and a portion of Lot 42, Block 111, Lots 2 and 3, Block 83, Lots 24, 26, and 27, and Block 83.01, Lots 34 and 35 shown on the Official Tax Map Page 11 of 21

12 of the, located in the area of Middlesex Avenue, Lake Avenue and Central Avenue ( the Property ); and WHEREAS, the Developers filed an application with the Planning Board for conditional use approval, preliminary and final site plan approval with C variances and waivers for Phases I, II and III for the Property (collectively referred to as the Project ); and WHEREAS, the Metuchen Planning Board granted the Developers preliminary site plan for conditional use approval, preliminary and final major site plan approval, a C variance, waivers/exceptions for Phase I, and concept approval for Phase II and III subject to various conditions of approval and such approval was memorialized by way of Resolution of the Planning Board dated January 15, 2015; and WHEREAS, the Metuchen Planning Board granted the Developers conditional use approval, preliminary and final major site plan approval, a C variance, and waivers/exceptions for Phase II and III for Block 83, Lot and Block 111, Lot 2.01, subject to various conditions of approval and such approval was memorialized by way of Resolution of the Planning Board dated March 17, 2016; and WHEREAS, a condition of the Planning Board s approval dated January 15, 2015, which was also approved by the Borough Council and incorporated into the Developer s Agreement, provided that the approval was subject to the s abandonment or vacation of the 7.5 foot wide storm sewer easement of the Borough across parts of Block 110, Lots 39, 2, and upon the removal of the storm water sewer pipes and structures within the easements and the replacement of the storm sewer in accordance with the plans approved by the Borough Engineer; and WHEREAS, the Developer has removed the storm water sewer pipes and structures within the easements and replaced the storm sewer in accordance with the plans approved by the Borough Engineer and has now requested that the Borough vacate and/or abandon the easement as provided for in the Resolution of Approval and Developers Agreement; and WHEREAS, the Developer has submitted to the Borough proposed forms of Release/Vacation of Easements and Municipal Purpose and Drainage Easements to the Borough for review and execution which were approved by way of Resolution No ; and WHEREAS, the Developer inadvertently failed to include in its prior request for vacation the Easement granted to the Borough by Isabel Jones in an Easement dated February 2, 1968 and recorded in Deed Book 2610, Page 501 in the Middlesex County Clerk s Office; and WHEREAS, the Borough Engineer has reviewed and approved the Release/Vacation of Easement by Isabel Jones in an Easement dated February 2, 1968 and recorded in Deed Book 2610, Page 501 in the Middlesex County Clerk s Office;. NOW THEREFORE BE IT RESOLVED that the hereby authorizes the release and vacation of the aforesaid easements and the execution of Release/Vacation of Easement; and BE IT FURTHER RESOLVED by the Borough Council that the Mayor and Clerk of the are hereby authorized to execute, on behalf of the Borough, a Release/Vacation of Easements to District at Metuchen, LLC and Bluestone 31 st Street, LLC. releasing all of its right, title and interest in the Easements granted to the Borough by Isabel Jones in an Easement dated February 2, 1968 and recorded in Deed Book 2610, Page 501 in the Middlesex County Clerk s Office (A copy of which are attached hereto). Page 12 of 21

13 RESOLUTION RESOLUTION APPROVING SUBMISSION, PARTICIPATION AND ACCEPTANCE OF AN AWARD FROM THE STATE OF NEW JERSEY, DEPARTMENT OF LAW & PUBLIC SAFETY FOR THE FEDERAL GRANT PROGRAM: COPS IN SHOPS WHEREAS, the Division of Alcoholic Beverage Control (ABC) is responsible for administering the Office of Juvenile Justice Delinquency Prevention (OJJDP) State Block Grant Program Enforcing the Underage Drinking laws; and WHEREAS, the Police Department wishes to apply to ABC and accept funds in the sum of $2, in connection with a project entitled Cops in Shops Grant; Sub award number: AL ; for the period of May 23, 2018 to September 15, 2018; and WHEREAS, the Police Department has reviewed said application and finds approval thereof to be in the best interests of the municipality/county; and WHEREAS, said project is a joint project between the, Department of Law & Public Safety and Police Department for the purposes therein described. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Metuchen: (1) That as a matter of public policy the Police Department wishes to participate with the (ABC) to the greatest extent possible; (2) That the Division of Alcoholic Beverage Control (ABC) be requested to accept said application on behalf of the municipality/county; and (3) That the appropriate fiscal officer will accept the funds in connection with said project from the ABC and make disbursements in accordance with said application. RESOLUTION RESOLUTION AMENDING RESOLUTION AWARD OF CONTRACT FOR BOROUGH ATTORNEY WHEREAS, the has a need to acquire the services of an Attorney for Borough Attorney as a contract without competitive bidding (non-fair and open) pursuant to the provisions of <N.J.S.A. 19:44A-20.4; and, Page 13 of 21

14 WHEREAS, Requests for Qualifications were received and reviewed by the Borough Administrator; and, WHEREAS, the Chief Financial Officer has determined that the value of the acquisition will exceed $15,000; and, WHEREAS, the anticipated term of this contract is the calendar year 2018; and, WHEREAS, the original agreement stipulated that the maximum amount of the contract shall not exceed $44,640 and funds shall be available in the 2018 budget as evidenced by the Chief Financial Officer's Certification; WHEREAS, the Borough deemed it necessary to dedicate an additional $3,360 for continued services; and, WHEREAS, the maximum amount of the contract is amended to $48, as annual retainer and the Chief Financial Officer has certified that there is sufficient funds for such contract and is available and is designated from 2018 Legal Account number for these services. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Metuchen, in the, as follows: 1. The Mayor and Borough Clerk are hereby authorized and directed to execute an agreement with Denis G. Murphy, Esq. of Schwartz, Simon, Edelstein and Celso, LLC, 100 South Jefferson Road, Suite 200, Whippany, New Jersey RESOLUTION RESOLUTION AUTHORIZING REFUND OF 2017 TAXES WHEREAS, the following have made an overpayment of taxes, Name Block/Lot Address Amount Year Arthur Flaherty and Lisette Rodriguez Craig & Betty Stolarski 56/55 88 Durham Ave 2, Overpayment 3 rd qtr / Franklyn Place 1, Overpayment 4 th qtr 2017 NOW, THEREFORE, BE IT RESOLVED, that the above listed property owners or agents be refunded property taxes as described in the amount of $4, RESOLUTION Page 14 of 21

15 RESOLUTION TO CANCEL AND REFUND 2017 TAXES WHEREAS, a successful County Tax Appeal added taxes judgment were awarded to the following block and lot parcels described below, changing the assessed values for 2017 as follows, and WHEREAS, the reduction in taxes has caused a reduction or overpayment of taxes for the parcel identified below, NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Metuchen, that the Tax Collector be and is hereby authorized to reduce the 2017 tax billings on the following property due to the successful County Tax Appeal for added taxes including amendments, in the amount of $10,939.05, and overpayments as a result of a tax appeal be refunded in the amount of $10, Block/Lot/Qual Address Added Assessment Reduction RESOLUTION RESOLUTION AUTHORIZING CONSENT ORDER ON INCOME LIMITS WHEREAS, on March 10, 2015, the New Jersey Supreme Court issued its decision in In the Matter of the Adoption of N.J.A.C. 5:96 and 5:97 by the New Jersey Council on Affordable Housing, 221 N.J. 1 (2015) ( Mount Laurel IV"). In that decision, the New Jersey Supreme Court transferred primary jurisdiction over affordable housing matters from the New Jersey Council on Affordable Housing ( COAH ) to the New Jersey Superior Court and established a transitional process for municipalities like the to file declaratory judgment actions seeking to declare their Housing Element and Fair Share Plans ( HEFSPs ) to be constitutionally compliant and seeking similar protections to what they would have received if they had continued to proceed before COAH; and WHEREAS, pursuant to N.J.S.A. 52:27D-313 and Mount Laurel IV, the New Jersey Superior Court has the authority to enter an Order granting protection and repose against exclusionary zoning litigation to a municipality that is in compliance with its affordable housing obligations under the Fair Housing Act, N.J.S.A. 52:27D-301, et seq.; and Page 15 of 21 Reduction in Number of Months Number of Months of Added Year/Quarter of Reduction Refund 57.1/26 31 Desser Place 10, / / Amboy Ave 50, /4 1, / Highland Ave 10, / /24 54 Myrtle Ave 40, /4 2, / Grove Ave 25, /4 1, / Woodwild Terrace 10, / / W. Chestnut Ave /4 1, /47 92 Delaware Ave / /24 47 New York Ave 10, /4 1,687.48

16 WHEREAS, on July 2, 2015, the ( Borough ) filed a declaratory judgment action under docket number MID-L with the New Jersey Superior Court, Middlesex County ( the DJ action ) seeking to declare its HEFSP as being constitutionally compliant and seeking protection and repose against exclusionary zoning litigation for a ten (10) year period; and WHEREAS on August 29, 2016, The Superior Court of New Jersey, by Hon. Douglas K. Wolfson, J.S.C., entered its Declaratory Judgment of Compliance and Repose with conditions (the "Final Judgment") in favor of the (the Borough ); and WHEREAS on December 14, 2016, the Court, by Hon. Douglas K. Wolfson, J.S.C., entered its Order Confirming Compliance with the conditions set forth in the August 29, 2016 Final Judgment; and WHEREAS, pursuant to the Final Judgment, the Borough was permitted to apply to the Court for an amendment to the Final Judgment with regard to approving a methodology for calculating income limits, and for determining whether and to what extent unit rents and/or sales prices for low- to moderateincome units could be increased on an annual basis (the "Methodology"); and WHEREAS, COAH has not updated income limits on an annual basis since 2014, notwithstanding that the Uniform Housing Affordability Control regulations ( UHAC ), specifically N.J.A.C. 5: (b)(1) & (3) require COAH to adopt income and asset limits; and WHEREAS, the parties to the DJ Action have agreed with the approval of the Special Master to implement the Methodology in the for the calculation of income limits: NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the that the Borough s Special Counsel for Affordable Housing be and is hereby authorized to execute, and submit to the Court, for its approval and entry, a proposed Consent Order amending the Final Judgment with regard to approving a methodology for calculating income limits, and for determining whether and to what extent unit rents and/or sales prices for low- to moderate-income units could be increased on an annual basis. RESOLUTION RESOLUTION APPOINTING PARKING ENFORCEMENT OFFICER JAMIE FAGGIONI WHEREAS, by way of Ordinance No , the created the position of Parking Enforcement Officer to enforce the parking regulations of the Borough and to assist the Parking Authority in their enforcement operations on Parking Authority lots and property; and WHEREAS, the and the Parking Authority of the Borough deems it in the best interest of the Borough and the Authority for the employment of a Parking Enforcement Officer of the ; and WHEREAS, the Borough has reviewed the credentials of Jamie Faggioni; and Page 16 of 21

17 WHEREAS, the Mayor and Council of the deem it in the best interest of the health, safety and welfare of the residents of Metuchen to appoint Jamie Faggioni as a Parking Enforcement Officer of the. NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of Metuchen that Jamie Faggioni is hereby appointed as a Parking Enforcement Officer of the Borough of Metuchen pursuant to the terms and conditions of Ordinance No , including but not limited to the position being a Part-Time position and that it shall not exceed twenty-nine (29) hours per week, the term shall expire December 31, 2018, at a rate of pay of $15.00 per hour effective and is not eligible for membership in the Police and Firemen s Retirement System established pursuant to N.J.S.A. 43:16A-1 et seq. BE IT FURTHER RESOLVED that Borough officials and employees are hereby authorized to take all necessary actions in order to effectuate the terms and provisions of the within Resolution. Ordinance Council President Koskoski made a motion to introduce Ordinance and be taken up on first reading, second by Councilman Grayzel, with all in favor, motion carried, 5-0. Mayor Busch asked for a roll call vote: Roll Call: Inserro, Grayzel, Leibfried, Pagel and Koskoski voted yes. Council President Koskoski asked that the Ordinance be read by title only. Borough Clerk read the Ordinance by title only: Ord An Ordinance to Amend the Code of the Borough of Metuchen, Various Chapters, Certain Application, License and Permit Fees Council President Koskoski moved Ordinance be passed on first reading, be published according to law and a public hearing be set down for Monday, February 5, 2018, second by Councilman Leibfried. Mayor Busch asked for a roll call vote. Roll Call: Inserro, Grayzel, Leibfried, Pagel and Koskoski voted yes. Ordinance was passed on first reading and be published according to law, 5-0. ORDINANCE AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF METUCHEN, VARIOUS CHAPTERS, CERTAIN APPLICATION, LICENSE AND PERMIT FEES Page 17 of 21

18 Section 1. BE IT ORDAINED by the Borough Council of the, as follows: Section of Chapter 87, Fees, Article 11 Recreation Program Fees, of the Code of the, is hereby amended to add/change/delete the permit fees to read as follows: Fees Established. Program Baseball camp/t-ball camp Fee 5 days, 1 hour per day $79 4 days, 2 hours per day $175 Winter Basketball Boys $ 50 Bulldog baseball camp $150 Bulldog T-ball camp $90 Girls Basketball $60 Late fee $20 Basketball camp $189 1 st Play Basketball $175 Bowling program 10-week session $80 12-week session $94 Flag football $165 Summer field hockey $100 Fall field hockey $65 Indoor hockey $65 Golf camp $119 Kinder Karate Lacrosse camp $189 Bulldog soccer Bulldog Travel $15 per hour $130 $120 Indoor soccer $15 Indoor Soccer Traning $100 Men s softball $350 Summer tennis lessons Half-hour session $45 1-hour session $60 2-hour session $80 Tennis camp $ st Play Tennis $190 Page 18 of 21

19 Program Vacation Tennis Camp Fee Parent and Me Squirts $145-$170 Kiddie Sports Camp (flag football/tball) $189 5 day Program $65 Sports Squirts $145-$170 Junior Sports Camps (baseball/basketball/flag football) Total Sports Squirts Multi-Sports Camp $170 $ 99 Half-day $189 Afternoon (3 hours) $159 Full day $219 Vacation Sports Camps 2-day $75 4-day $175 Adult Fitness Program Fields Turf Field Rental (no lights) Noncommercial Commercial Art Classes $60 Art Attack Chess Programs Lessons Camp $200 Cooking Clinic Kids Cooking Class $70 Junior Engineering/Elementary Engineering $60 $120, depending on number of sessions $50.00 per day $100 per day $145 for 1 session; $275 for 2 sessions $15 per lesson $22 per session; $80 per four sessions $140 Garden Tour $20-$25 Lego Flix/Animation/Film Making Flix Multimedia Workshops 1 week $120 2 weeks $225 Mural Project clay tiles $25 Mural Project small tile $10 Music Camp $295 Early Bird Discount $20 Page 19 of 21

20 Program Fee Ponyshare (1-hour session, 5 days) $180 Science Camps Mad Science (half/full day) $140/$260 Sciensational Workshops $140 Stage Sword $160 Theater Camp $160 Watercolors/Cartooning $80 Special Events Bus Trips Country Fair Booth Daddy-Daughter Dance Additional child $30 Family Fishing N Fun $2 Halloween Poster Painting $8.00 Mother-Son Event Each additional child $19 Pumpkin Float $12 Flag Football Camp $150 $50 - $200, specific amount to be determined by the Recreation Director based on the total cost of the trip to the Borough $1 (two tries) $65 per couple $42 per couple $ 73 Foundation Tennis $125 USSI Tennis Spring $169 Weekly USSI Tennis Summer $115 - $199 Spring Break Tennis $135 USSI Soccer $185 Weekly Yoga/Art $100/ $120 Artist Showcase $20 Songwriters Workshop $10 Photography Course $150-$170 Lollipopland Camp $150 Track Camp $110 Movie/Flix Camp $160/$290 Adult Photography $240 Ordinance Page 20 of 21

21 Council President Koskoski made a motion to introduce Ordinance and be taken up on first reading, second by Councilman Pagel, with all in favor, motion carried, 5-0. Mayor Busch asked for a roll call vote: Roll Call: Inserro, Grayzel, Leibfried, Pagel and Koskoski voted yes. Council President Koskoski asked that the Ordinance be read by title only. Borough Clerk read the Ordinance by title only: Ord An Ordinance to Amend the Code of the Borough of Metuchen, Chapter 185, Entitled Vehicles and Traffic, Section Parking Time Limited on Certain Streets Council President Koskoski moved Ordinance be passed on first reading, be published according to law and a public hearing be set down for Monday, February 5, 2018, second by Councilman Leibfried. Mayor Busch asked for a roll call vote. Roll Call: Inserro, Grayzel, Leibfried, Pagel and Koskoski voted yes. Ordinance was passed on first reading and be published according to law, 5-0. Appointments Mayor Busch made the recommendation to appoint Daniel Stone to the Office of Emergency Management with a term expiring 12/31/2018 and Craig Morano to the Metuchen Municipal Alliance with a term expiring 12/31/2019. Council President Koskoski made a motion to confirm Mayor s recommendation of Daniel Stone to the Office of Emergency Management with a term expiring 12/31/2018 and Craig Morano to the Metuchen Municipal Alliance with a term expiring 12/31/2019, second by Councilman Leibfried, with all in favor, motion carries, 5-0. Mayor Busch asked for a roll call vote: Adjournment Roll Call: Inserro, Grayzel, Leibfried, Pagel and Koskoski voted yes. Council President Koskoski made a motion to adjourn the meeting, second by Councilman Leibfried, with all in favor; the meeting was adjourned at 8:57 PM, 5-0. Respectfully Submitted, Susan D. Jackson, RMC Metuchen Borough Clerk Page 21 of 21