BOROUGH OF RARITAN REGULAR MEETING OCTOBER 25, 2011

Transcription

1 BOROUGH OF RARITAN REGULAR MEETING OCTOBER 25, 2011 The Regular Meeting of the Borough of Raritan Council was held on October 25, 2011 in the Municipal Building, 22 First Street, Raritan, NJ at 7:00 pm. Mayor Liptak presided and stated the following: Notice of this meeting has been made by advising The Courier News and the Star Ledger of the time, date and place of this Council Meeting, posting a notice on the bulletin board, Raritan Borough website, filing a copy in the Borough s Clerk office and including this statement in the minutes of this meeting. ROLL CALL Present: Stefanie Gara, Paul Giraldi, Victor Laggini, Greg Lobell and Anthony Soriano Absent: None Also Present: Mayor Jo-Ann Liptak, Daniel Jaxel, Borough Administrator; Mark Anderson, Borough Attorney; Jolanta Maziarz and Rayna E. Harris, Borough Clerk Councilwoman Stefanie Gara presented the invocation and flag salute. PROCLAMATION Mayor Liptak read the following: Proclamation Breast Cancer Awareness Month WHEREAS, October is National Breast Cancer Awareness Month; and WHEREAS, one in eight American women is diagnosed with breast cancer at some point in her life; and WHEREAS, breast cancer is the most commonly recognized cancer among women in the nation; and WHEREAS, in the United States in 2010 over 207,000 new cases of breast cancer were diagnosed in women; and 1 of 25

2 WHEREAS, one woman will be diagnosed with breast cancer every three minutes, and one woman will die of breast cancer every thirteen minutes in the United States; and WHEREAS, every woman is at risk for breast cancer even if she has no family history or other risk factors of the disease; and WHEREAS, early detection can be an extremely effective tool, timely screening mammograms could prevent 15 to 30 percent of all deaths from breast cancer in women over age 40; and WHEREAS, 98% of all breast cancer patients survive when the disease is detected early and there are over 2.5 million breast cancer survivors in the United States; and WHEREAS, community organizations, churches, synagogues and other places of worship, as well as work sites, can play a special role in educating members or employees about breast cancer. NOW, THEREFORE, I, Mayor Jo Ann Liptak, hereby proclaim the month of October as Breast Cancer Awareness Month in the Borough of Raritan and encourage all citizens to learn the facts about breast cancer. Further, all Raritan residents are encouraged to wear pink on Friday, October 21, 2011, and pink ribbons throughout the month in recognition of breast cancer awareness and in honor of women who have lost their lives to breast cancer and women who are now courageously fighting the battle with breast cancer. Further, women are encouraged to talk to their health care providers about regular clinical breast examinations, getting regular mammograms, and practicing monthly breast self-examination. Mayor Liptak read the following: Proclamation COMMUNITY PLANNING MONTH WHEREAS, New Jersey municipalities, counties, and regional planning entities continually face changes in their communities and natural environment, and WHEREAS, community planning and plans can help manage this change in a way that provides better choices for how people work and live; and WHEREAS, community planning provides an opportunity for all residents to be meaningfully involved in making choices that determine the future of their community; and WHEREAS, the full benefits of planning requires public officials and citizens who understand, support, and demand excellence in planning and plan implementation; and 2 of 25

3 WHEREAS, the American Planning association has designated the month of October as National Community Planning Month throughout the United States of America and its territories to highlight the contributions of sound planning and plan implementation, and WHEREAS, the celebration of National Community Planning Month gives us the opportunity to publicly recognize the participation and dedication of the members of planning and zoning boards and other citizen volunteers who have contributed their time and expertise to the improvement of the Borough of Raritan, New Jersey; and WHEREAS, we recognize the many valuable contributions made by professional planner in the Borough of Raritan, New Jersey and extend our heartfelt thanks for the continued commitment to public service by these professionals; NOW, THEREFORE, BE IT PROCLAIMED, that the month of October 2011 is hereby designated as Community Planning Month in celebration of National Community Planning Month. Mayor Liptak read the following: Proclamation Fire Prevention Week WHEREAS, the Borough of Raritan is committed to ensuring the safety and security of all those living in and visiting our town; and WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and WHEREAS, home fires killed more than 2,500 people in the United States in 2009, according to the latest research from the nonprofit National Fire Protection Association (NFPA), and fire departments in the United States responded to more than 360,000 home fires; and WHEREAS, cooking equipment is the leading cause of home structure fires and associated injuries, and the third leading cause of home fire deaths; and WHEREAS, heating and electrical equipment and smoking materials are among the leading causes of all reported home fires; and WHEREAS, home candle fires are reported to a US fire department every 30 minutes, on average; and 3 of 25

4 WHEREAS, the risk of dying in a home structure fire caused by smoking materials rises with age; and and WHEREAS, working smoke alarms cut the risk of dying in reported home fires in half; WHEREAS, automatic fire sprinkler systems cut the risk of dying in a home fire by about 80%; and WHEREAS, Raritan s first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and WHEREAS, Raritan s residents are responsive to public education measures and are able to take personal steps to increase their safety from fire, especially in their homes; and WHEREAS, residents who have planned and practiced a home fire escape plan are more prepared and will therefore be more likely to survive a fire; and WHEREAS, the 2011 Fire Prevention Week theme, It s Fire Prevention Week. Protect your Family from Fire! effectively serves to remind us all of the simple actions we can take to keep our homes and families safe from fire during Fire Prevention Week and year-round. THEREFORE, I Jo-Ann Liptak Mayor of the Borough of Raritan do hereby proclaim October 9-15, 2011 as Fire Prevention Week throughout this state, and I urge all the people of Raritan to protect their homes and families by heeding the important safety messages of Fire Prevention Week 2011, and to support the many public safety activities and efforts of Raritan s fire and emergency services. Mayor Liptak read the following: Proclamation RED RIBBON WEEK Whereas, communities across America have been plagued by the numerous problems associated with illicit drug use and those that traffic in them; and Whereas, there is hope in winning the war on drugs, and that hope lies in education and drug demand reduction, coupled with the hard work and determination of organizations such as the Young Marines, American Legion Child Welfare Foundation, and Elks to foster a healthy, drug-free lifestyle; and 4 of 25

5 Whereas, governments and community leaders know that citizen support is one of the most effective tools in the effort to reduce the use of illicit drugs in our communities; and Whereas, the red ribbon has been chosen as a symbol commemorating the work of Enriqué Kiki Camarena, a Drug Enforcement Administration Special Agent who was murdered in the line of duty, and represents the belief that one person can make a difference; and Whereas, the Red Ribbon Campaign was established by Congress in 1988 to encourage a drug-free lifestyle and citizen involvement in drug prevention and reduction efforts; and Whereas, October has been designated National Red Ribbon Week, which encourages Americans to wear a red ribbon to show their support for a drug-free environment; Now, Therefore, I, Jo-Ann Liptak, Mayor do hereby proclaim October as RED RIBBON WEEK in Borough of Raritan, and urge all citizens to join me in this special observance. APPROVAL OF MINUTES August 09, Executive Session Council Member Denise Carra made a motion to approve the above listed Minutes and was seconded by Council Member Victor Laggini. Motion carried on the following roll call vote. X Gara X X Lobell X August 23, Executive Session Council Member Stefanie Gara made a motion to approve the above listed Minutes with corrections and was seconded by Council Member Greg Lobell. Motion carried on the following roll call vote. X Lobell X September 13, Executive Session Council President Greg Lobell made a motion to approve the above listed Minutes and was seconded by Council Member Paul Giraldi. Motion carried on the following roll call vote. 5 of 25

6 Gara X X X Lobell X PUBLIC COMMENTS At this point the Borough Council welcomes comments from any member of the public. To help facilitate an orderly meeting and to permit the opportunity for anyone who wishes to be heard, speakers are asked to limit their comments to 5 minutes. If reading from a prepared statement, please provide a written copy and a copy to the Borough Clerk s Office after making your comments (rharris@raritan-nj.org). Jim Foohey, 710 Rhine Blvd, Raritan, New Jersey 08869: he wanted to know the status of the Borough Calendar? Mr. Foohey replied there must be a way for a happy medium. The ads finance the cost of printing and promote business for the town. Jim Foohey also added that the dam which is 110 years old should be considered a part of our history. A letter should be sent to the Duke Farms foundation to remind them that the wish of Doris Duke was to preserve not to destroy the dam built by her father in1901. Mayor Liptak said that The Historical and Cultural commission had some monetary stumbling blocks. Also the committee thought there should be more of a historical significance and less ads. She stated that the calendar is not a dead issue. Mayor Liptak said all the meetings she has had with Tim Taylor (Duke Farms Foundation) He assured her they are following the wishes of Doris Duke. Council Member Laggini Said there is no one to blame for the calendar. Many months ago he approached the Mayor and Council and said he would do the calendar. He said he did have a productive meeting with the Historical and Cultural Commission, but they didn t want a lot of ads which was a concern of the sponsors... Discussions were made here that the calendar was not going in the right direction. He said that he would have done the calendar by soliciting funds and donations with no cost to the tax payer of Raritan if this were done six months ago or longer. Council Member Gara said for the record it should be said the reason you were looking for addition help was because you didn t have enough time. Council Member Laggini said he disagreed with this. As meet you neighbor day came closer then there wasn t enough time. ORDINANCES: PUBLIC HEARING AND ADOPTION ORDINANCE Council Member Stefanie Gara moved and Council Member Denise Carra seconded the opening of the public hearing on Ordinance Motion carried. 6 of 25

7 No one spoke. Council President Greg Lobell moved and Council Member Stefanie Gara seconded the closing of the public hearing on Ordinance Motion carried. Council Stefanie Gara moved and Council Member Victor Laggini seconded the adoption of Ordinance on second and final reading. Motion carried on the following roll call vote. AN ORDINANCE AMENDING THE RARITAN BOROUGH CODE BY PROVIDING FOR THE WAIVER OF CERTAIN CONSTRUCTION FEES FOLLOWING A WIDESPREAD CATASTROPHIC EVENT BE IT ORDAINED by the Borough Council of the Borough of Raritan in the County of Somerset that the Code of the Borough of Raritan of 1966 as heretofore amended be further amended as follows: SECTION ONE Section 20-2, which is entitled Fees; annual reports; surcharge fees, is hereby amended by the addition of the following new subsection 20-2 D, entitled Waiver of certain fees following widespread catastrophic events : 20-2D. Waiver of certain fees following widespread catastrophic events (1) Widespread catastrophic events are sudden, natural or man-made situations where damage or destruction occurs which impacts a significant number of Borough residents. (2) All fees for construction imposed by this chapter, except those fees for subcode inspections not performed by Borough employees, for repair, reconstruction, or demolition of buildings or structures damaged during a widespread catastrophic event shall be waived for the owner, tenant, or person responsible for repair, reconstruction or demolition. (3) Declaration of a widespread catastrophic event will be made by resolution of the Borough Council. Such resolution will include the cause of the event; areas impacted by the event and subject to a waiver of fees; and the timeframe during which fees will be waived. This Ordinance shall take effect upon its final passage and publication according to law. 7 of 25

8 X Lobell X ORDINANCE : AN ORDINANCE CREATING THE POSITION OF QUALIFIED PURCHASING AGENT No action taken. ORDINANCE Council Member Denise Carra moved and Council Member Paul Giraldi seconded the opening of the public hearing on ORDINANCE Motion carried. No one spoke Council Member Stefanie Gara moved and Council Member Victor Laggini seconded the closing of the public hearing on ORDINANCE Motion carried. Council Member Denise Carra moved and Council Member Stefanie Gara seconded the adoption of ORDINANCE on second and final reading. Motion carried on the following roll call. AN ORDINANCE APPROPRIATING AND AUTHORIZING THE EXPENDITURE OF $45,000 TO BE FINANCE THROUGH THE USE OF CAPITAL BUDGET BE IT ORDAINED by the Borough Council of the Borough of Raritan, as follows: SECTION 1. The improvement hereafter described is hereby authorized to be made by the Borough of Raritan, and there is hereby authorized a corresponding appropriation: Improvement Appropriation Renovation of the Police Department $45, Section 2. The appropriation provided herein shall be financed by available capital surplus sufficient to finance the improvement authorized hereby. Section 3. The improvement authorized in Section 1 herein is not a current expense item. Section 4. This ordinance shall take effect immediately after final passage and publication, as required by law. X 8 of 25

9 Laggini Lobell Soriano X X X RESOLUTIONS RESOLUTION Council Member Stefanie Gara moved to approve the following Resolution and was seconded by Council Member Paul Giraldi. Motion carried on the following roll call vote. OPPOSING S-2795 AND A-3835, CONCERNING ENFORCEMENT RESPONSIBILITY OF STATE HOUSING CODE UNDER THE HOTEL AND MULTIPLE DWELLING LAW. WHEREAS, on June 29th S-2795 passed the State Senate by a vote of , and now rests with its Assembly companion, A-3835, with the Assembly Housing and Local Government Committee; and WHEREAS, S-2795 and A-3835 would prohibit municipalities from adopting ordinances requiring periodic inspections of multiple dwellings other than those conducted by the State under the Hotel and Multiple Dwelling Law ; and WHEREAS, S-2795 and A-3835 would prohibit municipalities from charging separate fees for the registration of multiple dwellings; and WHEREAS, according to a fiscal estimate prepared by the non-partisan Office of Legislative Services S-2795 and A-3835 will decrease municipal revenues and potentially decrease municipal expenditures; and WHEREAS, S-2795 and A-3835 would eliminate local control over the inspection of multiple dwellings which is not in the public s best interests; and WHEREAS, landlord registration of any rental unit, regardless of whether a portion is owner-occupied could continue but a municipality would be prohibited from charging a registration fee thereby raising cost without any revenue off-set; and WHEREAS, municipalities could continue to issue Continuing Certificates of Occupancy upon an inspection following termination of occupancy in a rental unit, but would be preempted by the bill from having or adopting ordinances under which periodic inspections of multiple dwellings would be made; and WHEREAS, such landlord registrations and Continuing Certificates of Occupancy are conducted for the public safety and welfare of the citizens of our municipality; NOW, THEREFORE, BE IT RESOLVED by the Borough of Raritan, County of Somerset that enactment of S-2795 and A-3835 will decrease municipal revenues and place yet 9 of 25

10 another financial burden on already strained New Jersey Municipalities, and will take away local control over the inspection of multiple dwellings, which is not in the best interest of our residents. BE IT FURTHER RESOLVED, the Governing Body of the Borough of Raritan, County of Somerset strongly opposes S-2795 and A-3835; BE IT FURTHER RESOLVED, that a copy of this resolution be transmitted to the Governor of the State of New Jersey, our State Senator and Assembly representatives - Senator Christopher "Kip" Bateman, Assemblyman Peter J. Biondi and Assemblywoman Denise M. Coyle; Assemblyman Kevin Ryan, Assemblywoman Mila Jasey, Assemblyman Joseph Cryan, Assemblyman Jerry Green and the members of the Assembly Housing and Local Government Committee, Assembly Speaker Sheila Oliver, Senator Steven Oroho, Senator Jeff Van Drew and the New Jersey State League of Municipalities. X Lobell X RESOLUTION Council President Greg Lobell moved to approve the following Resolution and was seconded by Council Member Anthony Soriano. Motion carried on roll call. OPPOSING S-2950AND A-4128 WHICH WOULD ALLOW FOR MODIFICATION TO LAND USE APPROVALS BECAUSE OF CHANGED ECONOMICS WHEREAS, S-2950 and A-4128 provide a two-year window in which any development approval granted before 2006 or now in foreclosure or subject to a deed in lieu can apply for, and receive approval for, a use which is not permitted by ordinance, without the need for a use variance or otherwise complying with the zoning ordinance of the municipality; and WHEREAS, a fundamental premise of land use law and sound planning is that land use decisions, including approvals of development applications and zoning, are made on the basis of the characteristics of the land, its environment, any unique characteristics, and what is in the best interest of the public, and not based on who happens to own the land; and WHEREAS, S-2950 and A-4128 also establishes an expedited approval process, requiring the land use board to determine completeness of the application within 30 days, and then 60 days from the determination of completeness to rule on the application; and 10 of 25

11 WHEREAS, this time frame is insufficient considering what may be proposed, and it is inequitable to require an expedited process for a proposed adaptive application while other pending applications are accorded lower priority; and WHEREAS, S-2950 and A-4128 put no standards in place for the local land use board to apply, other than proof that the approval is no longer economically viable, which is inadequately defined; and WHEREAS, the lack of standards would expose any approval or denial by the municipality to possible legal challenge; NOW, THEREFORE, BE IT RESOLVED by the Borough of Raritan, Somerset County that enactment of S-2950 and A-4128 would usurp, undermine, and overturn local zoning by effectively rescinding all applicable zoning of the property, and provide no adequate public safeguards; and BE IT FURTHER RESOLVED, the Governing Body of the Borough of Raritan, Somerset County strongly opposes S-2950 and A-4128; and BE IT FURTHER RESOLVED, that a copy of this resolution be transmitted to the Governor of the State of New Jersey, our State Senator and Assembly representatives - Senator Christopher "Kip" Bateman, Assemblyman Peter J. Biondi and Assemblywoman Denise M. Coyle; members of the Senate Community and Urban Affairs Committee, the members of the Assembly Housing and Local Government Committee, Senator Steven Oroho, Assemblyman Albert Coutinho and the New Jersey State League of Municipalities. Gara X X Lobell X X RESOLUTION Council Member Stefanie Gara moved to approve the following Resolution and was seconded by Council Member Paul Giraldi. Motion carried on the following roll call vote. FOOD ESTABLISHMENT REFUNDS WHEREAS, the Somerset County Health Department has informed the Chief Finance Officer that two 2012 Raritan Food Establishments have overpaid on their annual Food Licenses; and WHEREAS, the Raritan Food Establishments have requested a refund for the overpayments; 11 of 25

12 NOW, THEREFORE, BE IT RESOLVED by the Raritan Borough Council that the Chief Finance Officer is hereby authorized to refund the overpayments to the following Food Establishments: 1. As You Like It Ice Cream, 62 W. Somerset St. Raritan, NJ 08869: $ The Learning Gate, 816 Old York Road, Raritan, NJ 08869: $25.00 X Lobell X RESOLUTION Council Member Anthony Soriano moved to approve the following Resolution and was seconded by Council Member Stefanie Gara. Motion carried on the following roll call vote. CHAPTER 159: 2011 DDEF FUNDS WHEREAS, NJS 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special items of revenue in the budget of any county or municipality when such items shall have been made available by law and the amounts were not determined at the time of the adoption of the budget; and WHEREAS, the Director may also approve the insertion of any items of appropriation for an equal amount; NOW, THEREFORE, BE IT RESOLVED that the Borough of Raritan in the County of Somerset, New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2011 in the sum of $3,664.87, which is now available from the State of New Jersey, Division of Motor Vehicles, Drunk Driving Enforcement Fund. BE IT FURTHER RESOLVED that the like sum of $3, is hereby appropriated under the caption DDEF. Lobell X X 12 of 25

13 RESOLUTION Council Member Stefanie Gara moved to approve the following Resolution and was seconded by Council Member Denise Carra. Motion carried on the following roll call vote. CHAPTER 159:2011 REGIONAL CENTER PARTNERSHIP CHALLENGE GRANT AWARD WHEREAS, NJS 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special items of revenue in the budget of any county or municipality when such items shall have been made available by law and the amounts were not determined at the time of the adoption of the budget; and WHEREAS, the Director may also approve the insertion of any items of appropriation for an equal amount; NOW, THEREFORE, BE IT RESOLVED that the Borough of Raritan in the County of Somerset, New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2011 in the sum of $20,000.00, which is now available from the Somerset County, Regional Center Partnership, Orlando Drive/Raritan Greenway Implementation Plan. BE IT FURTHER RESOLVED that the like sum of $20, is hereby appropriated under the caption Regional Center Partnership Challenge Grant Award. X Lobell X RESOLUTION Council President Greg Lobell moved to approve the following Resolution and was seconded by Council Member Denise Carra. Motion carried on the following roll call vote. REFUND TAX OVERPAYMENT WHEREAS, the Tax Collector advises that there exists a tax overpayments on various properties; and WHEREAS, the Homeowners that made these payments have requested a refund, and NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Raritan, Somerset County that the Chief Finance Officer is directed to pay the following: 1. $1, to Joseph T. Cirigiano, formerly of 209 Woodmere St, Raritan, NJ Block 63 Lot 2 13 of 25

14 2. $2, to Jack Filep of 13 Obert Drive, Raritan, NJ Block 62 Lot $ to James Paliani of 704 Riverside Avenue, Raritan, NJ Block 7 Lot 7 X Gara X X Lobell X RESOLUTION Council Anthony Soriano moved to approve the following Resolution and was seconded by Council Member Denise Carra. Motion carried on the following roll call vote. REFUND OF REDEMPTION MONIES TO OUTSIDE LIENHOLDER WHEREAS, at the Municipal Tax Sale held on October 10, 2008 a lien was sold on Block 80 Lot 13 also known as 35 First Ave. in Raritan, for 2007 delinquent taxes charges; and WHEREAS, this lien known as Tax Sale Certificate # was sold to James Older, at 18% interest; and $0 premium; and WHEREAS, George & Marion DeFino has effected redemption of Certificate in the amount of $ 29,153.55, NOW, THEREFORE BE IT RESOLVED that the Chief Finance Officer be authorized to issued one check in the amount of $29, payable to James Older/87 East Mountain Road/Hillsborough, NJ for the redemption of tax sale certificate # X Gara X Lobell X X RESOLUTION Council Member Stefanie Gara moved to approve the following Resolution and was seconded by Council Member Paul Giraldi. Motion carried on the following roll call vote. POLICE DEPARTMENT RENOVATIONS WHEREAS, bids for Police Department renovations were advertised to be received on September 22, 2011; and WHEREAS, two bids were received; and 14 of 25

15 WHEEREAS, the lowest bid was for $166, and made by Jeral Construction Services, 320 Belleville Avenue, Bloomfield, NJ 07003; NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Raritan that award for Police Department renovations is made to Jeral Construction Services, 320 Belleville Avenue, Bloomfield, NJ for $166, X Lobell X RESOLUTION Council President Greg Lobell moved to approve the following Resolution and was seconded by Council Member Stefanie Gara. Motion carried on the following roll call vote. RAILROAD MONTHLY PARKING REFUND WHEREAS, the Administrator has informed the Chief Finance Officer that the purchasers of a monthly railroad parking decal stickers have returned the unused portion of the sticker; and WHEREAS, the purchasers of monthly parking decal sticker have requested the balance of the payment be refunded; NOW, THEREFORE, BE IT RESOLVED by the Raritan Borough Council that the Chief Finance Officer is hereby authorized to refund monthly railroad decal sticker payment to the following purchasers: 1. Jing Li, 8 Lee Place, Bridgewater, N J Oct. to Dec $ Hiren Shah, 80 Beach Ave. Bridgewater, NJ 08807, Oct. to Dec $ X Lobell X RESOLUTION Council Denise Carra moved to approve the following Resolution and was seconded by Council Member Stefanie Gara. Motion carried on the following roll call vote. WAIVING CONSTRUCTION FEES FOR DAMAGE CAUSED BY HURRICANE IRENE 15 of 25

16 WHEREAS, the Borough Council has adopted Ordinance allowing for waiver of construction fees following widespread catastrophic events; and WHEREAS, Ordinance requires declaration by the Borough Council of a widespread catastrophic event; and WHEREAS, on August 27-28, 2011, Raritan Borough was hit by Hurricane Irene causing property damage from high winds and flooding throughout the Borough; NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Raritan in the County of Somerset as follows: 1. On August 27, 2011 and August 28, 2011, Raritan Borough was hit by Hurricane Irene, a widespread catastrophic event; and 2. Construction fees will be waived for repair, reconstruction, or demolition of buildings or structures that were damaged during the time period of August 27, 2011 thru September 3, 2011, where such damage was caused by wind and flooding associated with Hurricane Irene. 3. Any Borough of Raritan resident who has experienced damage to a building or structure caused by Hurricane Irene during the above time period is eligible for waiver of construction fees for repair, reconstruction or demolition to the extent provided by Ordinance X Lobell X RESOLUTION Council Anthony Soriano moved to approve the following Resolution and was seconded by Council Member Stefanie Gara. Motion carried on the following roll call vote. ESTABLISHING MAXIMUM BID THRESHOLD OF $26,000 AS PERMITTED BY N.J.S.A. 40A:11-3 AND N.J.A.C. 5: WHEREAS, N.J.S.A. 40A:11-2 et seq. allows local contracting units to create the position of Purchasing Agent; and WHEREAS, the Department of Community Affairs, Division of Local Government Services, has adopted a temporary rule, N.J.A.C. 5:34-5.4, allowing contracting units with 16 of 25

17 purchasing agents who are statutorily eligible to take the State certification examination for Qualified Purchasing Agent to establish a bid threshold of $26,000; and WHEREAS, Karin E. Kneafsey, the Chief Financial Officer of the Borough of Raritan, also serves as Purchasing Agent for the Borough; and WHEREAS, Karin E. Kneafsey is eligible to take the State certification examination for Qualified Purchasing Agent; and WHEREAS, the Borough Council of the Borough of Raritan wishes to establish the maximum bid threshold of $26,000 permitted by N.J.S.A. 40A:11-3 and N.J.A.C. 5:34-5.4; NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Raritan that Karin E. Kneafsey shall continue to serve as Purchasing Agent, in addition to Chief Financial Officer, with the stipulation that she will take the State certification examination for Qualified Purchasing Agent as soon as the examination becomes available through the Division of Local Government Services; and BE IT FURTHER RESOLVED by the Borough Council of the Borough of Raritan that the maximum bid threshold allowed under N.J.S.A. 40A:11-3a is increased from $17,500 to $26,000 as permitted by N.J.A.C. 5: Lobell X X RESOLUTION Council President Greg Lobell moved to approve the following Resolution and was seconded by Council Member Paul Giraldi. Motion carried on the following roll call vote. REFUND OF REDEMPTION MONIES TO OUTSIDE LIENHOLDER WHEREAS, at the Municipal Tax Sale held on October 27, 2005 a lien was sold on Block 43 Lot 13 also known as 212 Bell Ave. in Raritan, for 2004 delinquent taxes charges and, WHEREAS, this lien known as Tax Sale Certificate # was sold to Elliot Loeb-Keogh plan, at 18% interest; and $0 premium; and, WHEREAS, Jan Czerkies & Michael Terry has effected redemption of Certificate in the amount of $ 56,630.56; 17 of 25

18 NOW, THEREFORE BE IT RESOLVED that the Chief Finance Officer be authorized to, issued one check one in the amount of $56, payable to Elliot Loeb-Keogh Plan,1 Lakeview Road, Saratoga Springs for the redemption of tax sale certificate # Gara X X X Lobell X APPROVAL OF BILLS LIST Motion was made by Councilwomen Carra to approve bills list, the motion was seconded by Council President Lobell. Motion carried. BE IT RESOLVED that claims in the amount of $3,119, having been listed on the Bill List and recorded in the files of the Borough Hall, and are hereby approved to be paid. X Lobell X PURCHASE ORDER REQUESTS Recreation: NJSAB, LLC in the amount of $2, Councilmen Anthony Soriano made a motion to approve the purchase order request. The motion to approve was seconded by Council President Lobell. Motion carried on the following roll call vote: Gara X X Lobell X X COMMITTEE AND LIAISON REPORTS Council President Lobell reported for the Engineering and Public Works, noting October 29, 2011 will be the last day for grass recycling. He also stated the Borough paid to dispose of 73,370 lbs. or 110 yards of clippings. Also about the same amount was pickup by a farmer at no cost to the Borough. He noted winter bulk will be suspended from October 2011 through March of 25

19 Council Member Carra reported Finance and Administration and Environmental Commission, noting the 2011 itemized budget is due January 9, The State of New Jersey has made the maximum non-ordinance 2.5% appropriation increase. And appropriation increase up to a maximum of 3.5% by ordinance only. The tax levy cap remains at 2%. Capital items costing below $10,000 should be included in the operating budget. She also noted Raritan Municipal Court collected $21, in fines for the month of September. The Borough of Raritan received $9, from the Municipal Court and $ from the Car Wash for the month of September. Councilwoman Carra offered the following report: ENVIRONMENTAL COMMISSION The Environmental Commission was asked by the Planning Board for their input regarding the application filed by Lube Connection to expand its parking lot. This property is on Sherman Avenue and Route 206. They would like to purchase adjourning land and build a parking lot. From an environmental standpoint, the commission raised questions about impervious coverage, noise and air pollution with flooding and quality of life issues that can deter from the neighboring homes. Tree removal and replacement was also discussed as a concern. They would like more information to give adequate input. The Environmental Commission had a table at the Meet Your Neighbor Day event on October 9. The Commission distributed literature on energy saving tips, rain barrels, recycling, how to go GREEN, checklist for clean water and GREEN cleaning. The commission raffled off an 85 gallon rain barrel and composter and distributed energy efficient light bulbs. On behalf of the Environmental Commission, I would like to thank Jim Foohey for all his efforts with organizing and coordinating the commission s display. Council Member Gara offered the following report: Public Safety POLICE - On September 19, 2011 the Raritan Borough Police Department began operating off of their new Motorola Radio System without incident. The operation of these new radios is a major step toward the transition to County Communications. On Saturday between the hours of 8am and 7pm, numerous officers from the Raritan Borough Police Department worked a law enforcement detail with other Municipal Police Agencies under the Guidance and Command of the Somerset County Prosecutors Office, at the Far Hills Steeple Chase Horse Race. On October 29 th, 2011 between 10am and 2pm the Raritan Borough Police Department will be participating in a public health initiative featuring a day of collection of unwanted, unused and expired medicine. This program called Operation Take Back gives residents an opportunity to clean out their medicine cabinets of old and unwanted medicine. The drop off location will be at the Raritan Borough Police Department 20 First Street Raritan New Jersey. No paperwork is needed from you. Just drop off your medicine and make your homes safe. If anyone has any questions 19 of 25

20 please do not hesitate to call headquarters and speak with Lt Robert Ludwig at ext 16. Raritan Monthly Activity Report: September 1, 2011 September 30, 2011 All General Complaints: 1075 Motor Vehicle Accidents 71 Complaint Summonses/Warrants 32 Fire Calls 26 First Aid Calls 45 Alarms 27 Incident Reports 65 Moving Summonses 146 Parking Summonses 29 Radar Summonses 7 DUI Reports 9 Adult Arrests 26 Juvenile Arrests 6 Warrant Arrests 2 Motor Vehicle Stops 319 FIRE DEPARTMENT On Saturday, October 22, 2011 we had our yearly Fire Inspection up at the North Thompson Fire House. I would like to thank the members for showing us all the new equipment and how it functions as well as thank them for the wonderful breakfast they provided to us. Your dedication to our community is invaluable and greatly appreciated. RESCUE SQUAD The Rescue Squad had a busy month in September answering 41 calls into Raritan (including special events surrounding Basilone). YTD total thus far is 361 (about 30 less than the same time span last year). Council President Lobell reported Cultural and Historical Committee and Seniors, Noting the first meeting of Cultural and Historical Committee will be held on Tuesday November 1, 2011 at 7 PM. The location will be the 1 st floor of the Growth Building. Noting on November 19, 2011 the Somerset County Office of Volunteers will be servicing the elderly and disabled with volunteers to rake leaves and do yard work. If you know of someone please contact me for the name and number. Councilmen Soriano reported Recreation and Youth on Main Street, noting enrollment is ongoing for winter programs and information can be found on Raritan Borough s website and also various other locations around town. The November session will continue with Zumba and December 4 th will start the second session. The Halloween Parade will be held October 31, 6PM at the Municipal Building. If rain, the parade will be held in the community room of the Municipal building. Noting Youth on Main Street will be volunteering for the Halloween Parade. November 19 th there will be another clean up at the Dog Park and the planting of bulbs with the 20 of 25

21 help of the Garden Club. Lynn Bray has been a great addition to Youth on Main Street as its coordinator. The next meeting will be November 5, at 5PM in the community room. Council Member Gara read the following statement: As an elected official we take an oath to our community. The oath we take is a promise to our residents that we will conduct ourselves professionally, ethically, morally, honestly and truthfully regardless of political affiliation. Over the past several days and weeks it has come to my attention that mis-information and blatant distortions of the true have been forwarded to our residents and I want to set the record straight because I personally find this highly offensive, distasteful and misleading to say the least. First, information has been forwarded to homes and put in letters to the editor about Hurricane Irene stating that In a time where communication is at everyone s fingertips, there was no communication to the residents. The Mayor and Council have spent the last 2 years promoting Nixel. Nixel was used extensively during Hurricane Irene reporting directly to all who chose to sign up for it. The information that was provided to us was consistently being updated with current road closures, power outages and general Borough information. This is a free service that is provided by our police department. They send s to your computer and/or text messages directly to your cell phone. For individuals to make statements that information and leadership was not provided is a slap in the face to not only the Mayor and this Council but to our Police Department, Fire Department and Public Works departments as well. We have been pushing this service very hard. It has been in the newspapers, the borough newsletter, the borough web site, the Raritan-Online website, it was mailed in the tax bills, it was also provided door to door in a flyer from our Police Department when enforcement for no parking on snow covered roads went out. To state that information was not available is a blatant lie. Next, a letter was in the newspaper stating The Mayor relieved Councilman Laggini from continuing to provide the borough residents with a borough calendar because the Mayor wanted to give this responsibility to the heritage and cultural committee This could NOT be any further from the truth. Councilman Laggini had repeatedly stated in public meetings that he did not have the time to commit to the calendar this year and requested someone else work on it. The Mayor and Council gave several other options to the Councilman and he was going to look into them to see if any of these other groups could assist him in the preparation and solicitation for the calendar. I do not feel it is fair to pull a non-partisan committee, such as the Heritage and Cultural Committee into someone s political agenda. This group is made up of interested people who volunteer their time and energy and in some cases their own money to promote and preserve the culture and history of Raritan. This type of mis-information reflects poorly on the borough and its representatives. I would truly hope that as elected officials we do not allow the silly season to take precedence over our responsibility to the residents of Raritan. We must always conduct ourselves truthfully when speaking and making statements. Our residents put their faith into us and we must all uphold that commitment regardless of our political affiliation. Sincerely, Stefanie J. Gara Councilwoman, Raritan Borough 21 of 25

22 Council Member Laggini reported Board of Health and Food and Beverage, noting the Food and Beverage receipts for October, also Vital Statistics receipts for September 20 th and October 20 th. He reported on a number of services available from the County Board of Health. Council Member Laggini commented on Councilwomen Gara s statement. He said he did not write or promote the letter that was in the newspaper He did address the Mayor and Council about the way the calendar was not heading in the right direction. He said As Meet Your Neighbor Day came he did make the statement that he was not going to be able to do both. He also stated at no time did anyone take the calendar away from him. Council Member Giraldi reported Library and Basilone Parade Committee, noted he had nothing to report. Mayor Liptak reported Stan Schrek did a core sample on Orlando Drive and found there were no methane gas pockets or any garbage. The problem is there should be an under layer of stone and on top of that the tar. Therefore Council has commented funds for this project of resurfacing Orlando Drive. Ground breaking will be sometime in June Mr. Schrek is working with NJDOT and SC to find an alternative route into the Borough. The section we will be working on is the right away at the jug handle down to Busky Lane. This project will cost in the neighborhood of $600, Mayor Liptak wanted to thank the Fire Department for the breakfast inspection even though they had a very early fire call that morning. She reported the administrative staff would like to have a barrel for Toys for Tots donation collections. No objections were noted. Council Member Soriano noted the Youth on Main Street group would like to host a can drive for our local Food bank. No objections were noted. Mayor Liptak noted that November 1, 2011 would be the ground breaking for Stone Bridge at Raritan. We have a number of elected officials and Vets that will be attending. Thank you to Officer Benchek and Officer Di Graziano for their help and professionalism during my resent car accident here in the Borough. Mayor Liptak read a flyer for a benefit to help a young Raritan girl who has cancer. The benefit was organized by her 13 year old friend. This benefit is called Exercise for Ellie which will be a zumba class at BRMS on November 20 th. OLD BUSINESS The Raritan Mall Park Council Member Carra questioned if the day care has in fact moved out, can the clean-up begin. Mayor Liptak said the climbing equipment and toys are still there, but are locked down by DEP. 22 of 25

23 Borough Attorney, Mark Anderson said the Borough Engineer could answer questions of DEP status. Council Member Laggini asked if DEP needed to re-cap or re-seal. Mayor Liptak stated that it was her understanding that the cap was broken and posted by DEP that no one is permitted into the area. Mark Anderson said that at this time there may or may not be anything, but the action DEP has taken precludes the use of the property. The matter should be addressed by the Borough Engineer. Council Member Gara asked if an could be sent to the Stan Schrek. Council Member Laggini asked about Carlo Montanari s letter that was forwarded to the Council. Mayor Liptak said Mr. Schrek looked at the area parking, but the discussion should wait for the next meeting. NEW BUSINESS November Agenda-Workshop Meeting Mayor Liptak asked if there were any objections to canceling the November 1 st Meeting, and holding the next meeting on November 22 nd at 6PM. No objections were noted. Millstone-Manville Flood Control Group Mayor Liptak said she ed Pat Walsh about becoming a part of this group, as most of the neighboring municipalities have joined. She related that there is a $ fee for this year which could increase annually, and she noted that Mr. Schrek suggested joining would give the Borough a voice in what might affect the town in years as far as flooding goes. Mayor noted that the organization is trying to model after The Green Brook Control Commission. This has two representatives from each municipality. Mayor Liptak asked Council President Lobell if he would pursue this with Pat Walsh. Mr. Anderson suggested contacting Mr. Frank Linnus for information. Council President Lobell agreed. PUBLIC COMMENTS Jim Foohey, 710 Rhine Blvd., Raritan, NJ 08869: He said funding seems to be a part of the problem with the calendar why couldn t the Cultural and Historical Committee team up with the Chamber of Commerce. In this way the Chamber can help raise the money. Council President Greg Lobell will give the idea to both committees. 23 of 25

24 Ernest Bower, 822 Bound Brook Ave, Raritan, NJ 08869: DEP says selling of designated open space needs to show clear and compelling public benefit. In my oppion it does not. The Land in question is developed with park recreational amenities already on it. The other is an undeveloped parcel. The current park configuration now gives the police and municipal employees direct access through the park for possible emergences. A new configuration you would be cutting off dual access. I know one of the arguments is to prevent the extension of Elizabeth Ave. There will not be any guarantees even with the land swap. There are private properties which may become developed at a future time. EXECUTIVE SESSION Mayor Liptak read the following resolution to enter Executive Session. RESOLUTION Councilwoman Stefanie Gara made a motion and Councilman Victor Laggini seconded the motion to adopt resolution Motion carried on the following roll call vote: EXECUTIVE SESSION WHEREAS, the Open Public Meetings Act, N.J.S.A. 10:4-7, et seq., commonly known as the Sunshine Law, requires that Borough Council meetings be open to the public except for the discussion of certain subjects; and WHEREAS, the Sunshine Law requires that a closed session be authorized by Resolution; NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Raritan that the following portion of this meeting shall be closed to the public; and BE IT FURTHER RESOLVED that the meeting shall be resumed at the end of closed session; and BE IT FURTHER RESOLVED that the subjects to be discussed and the time of public release of the minutes of the closed session are indicated below: SUBJECT MATTER 1. Contract Negotiations Police 2. Personnel Police 3. Personnel - Property Maintenance 4. Litigation Orlando Drive 5. Litigation Tort Claim 6. Attorney-Client Privilege TIME WHEN AND THE CIRCUMSTANCES UNDER WHICH THE SUBJECT MATTER CAN BE DISCLOSED: Upon authorization by the Borough Attorney 24 of 25

25 X Lobell X A motion was made by Councilwoman Stefanie Gara and seconded by Councilman Victor Laggini to adjourn the Executive Session and to return to the normal order of business. Motion carried. Councilwoman Stefanie Gara made a motion to approve the hiring of George Jones in the Office of Property Maintenance and the motion to approve was seconded by Council President Lobell. Motion carried on the following roll call vote: X Lobell X ADJOURNMENT Councilwoman Stefanie Gara moved to adjourn the meeting and seconded by Councilman Victor Laggini. Motion carried. Meeting adjourned at 9:13 p.m. Respectfully submitted, Rayna E. Harris, Borough Clerk REH/cmd 25 of 25