BOROUGH OF METUCHEN COUNCIL MINUTES December 4, :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 Monday, The Meeting was called to order at 7:30 P.M. by Mayor Cammarano. 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 5, 2017, posted in Borough Hall and on file in the Clerk s Office. All requirements of the Open Public Meeting Act have been satisfied. Mayor Cammarano asked that all stand for the Invocation, followed by the Pledge of Allegiance. Present were Councilmembers Inserro, Leibfried, Koskoski, Pagel, Rasmussen, Council President Grayzel and Mayor Cammarano. Also present were Jay Muldoon, Interim Administrator, Denis Murphy, Esq. and Susan Jackson, Borough Clerk. Agenda Session Council President Grayzel made a motion to open the Agenda Session, second by Councilman Leibfried, with all in favor, motion carried, 6-0. Council President Grayzel made a motion to remove R from the Consent Agenda and move to the Regular Meeting Item E, second by Councilwoman Inserro, with all in favor, motion carried, 6-0. Council President Grayzel made a motion to add Item F to the Regular Meeting A Report from the Human Relations Committee, second by Councilman Leibfried, with all in favor, motion carried, 6-0. With no further actions taken Mayor Cammarano asked for a motion to close the agenda session. Council President Grayzel made a motion to close the Agenda Session, second by Councilman Pagel, with all in favor, motion carried, 6-0. Regular Meeting Councilwoman Koskoski introduced Kate Massey - Family Arts Council Annual Program Announcements for the Snow Flake Winter Season. Ms. Massey stated that the Family Arts Council has two concert series during the year and that this is the fifth year that they have been providing the concert series. The Arts Council is a subcommittee of the Borough Improvement League. The Metuchen Arts Council and Great Play of Metuchen also provided support to the Family Arts Council. The Sunflower Series is during the summer months and the Winter Snow Flake series will be starting soon with concerts on January 14, 2018, February 4, 2018 and March 4, 2018 at the Old School House. People can get involved with the Family Arts Council by either coming to the concerts, giving donations and sponsorships or volunteer to help staff concerts. Please go to the Family Arts

2 Council Face Book page to get more information. Peter Fairclough - EMS Report Mr. Fairclough provided the September, October and November 2017 EMS report. The EMS Chief, Joseph Strickland has retired. EMS has added two new members. Fund Drive Letters went out; they are looking to raise enough funds to purchase a new ambulance in Isaac Kramer Metuchen Downtown Alliance Eric Berger, Chairperson of MDA will also be providing an update. MDA completed Small Business Saturday and over 500 shopping bags were distributed. He gave the update on a survey that was given to the public as well as to the businesses. There were some great successes around the Place Making Initiative s. This includes a joint project with AARP to convert the alley between Classic Travel and Metuchen News which was a great success and completed in October. The La Rosa project was completed by building a dining space outside the restaurant. The first 3-dimensional crosswalk in NJ was just put in along with giant footprints to help navigate from Whole Foods to the Downtown shopping area. On December 11 at Borough Hall, MDA will be hosting the National Main Street Center. It is a one day program for the New Main Street Approach. It is open to the public. A new business will have a ribbon cutting on December 12 th at noon - Strong Mile Movers, 406 Main Street. Mr. Berger spoke about the first New Year s Eve Event at the Piazza on Sunday, December 31, Many great shows are scheduled for the night starting at 5:00 pm. More information will be provided in the near future. Council President Grayzel made a motion to approve the Minutes of November 6, 2017 second by Councilwoman Rasmussen, with four in favor and two abstentions from Councilman Leibfried and Councilwoman Koskoski, motion carried, Councilwoman Inserro, Personnel Committee gave a brief statement about the process that took place to find a permanent Administrator. She spoke about the resumes that were received and the decision to appoint Jay Muldoon as the permanent Administrator was decided. Council President Grayzel made a motion to approve R , Resolution Authorizing and Confirming the Appointment of the Borough Administrator, second by Councilman Leibfried, with all in favor, motion carried, 6-0. RESOLUTION County of Metuchen RESOLUTION OF APPOINTMENT AND CONFIRMATION OF THE BOROUGH ADMINISTRATOR Page 2 of 23

3 WHEREAS, the former Borough Administrator resigned from office; and WHEREAS, the Mayor and Council of the determined that it was in the best interest of the Borough to appoint Jay Muldoon as Interim Borough Administrator, temporarily to permit the Mayor and Council to seek to fill the position of Borough Administrator on a permanent basis; and WHEREAS, the Personnel Committee publicly advertised for the position, received and reviewed resumes of potential candidates; and WHEREAS, Jay Muldoon expressed an interest and requested consideration by the Personnel Committee and the Mayor and Council to serve as the Borough Administrator on a permanent basis; and WHEREAS, Chapter 3 of the Code of the provides that the Borough Administrator shall be appointed by the Mayor with the advice and consent of the Council ; and WHEREAS, the Mayor and Council of the have determined that it is in the best interest of the Borough to appoint Jay Muldoon to serve as Borough Administrator and the Class II appointment to the Planning Board for the effective immediately for an annual salary of $130, NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of Metuchen that the it hereby appoints and confirms Jay Muldoon as Borough Administrator for the and the Class II Member of the Planning Board at an annual salary of $130, and other terms and conditions of employment agreed upon by the Mayor and Council President; and BE IT FURTHER RESOLVED that the term of the within appointment shall be consistent with that set forth in N.J.S.A. 40A: Councilwoman Koskoski introduced Rich Green, Human Relations Commission who gave a brief statement On Wednesday, November 29, 2017, President Donald Trump retweeted three videos containing anti-muslim content from a British far-right extremist hate group whose leader was convicted in 2016 of religiously aggravated harassment after verbally abusing a woman who was wearing a hijab. At least one of the videos has been proven to be a fake; the other two remain unverified and/or shown out of context. Propaganda of this type, meant to stoke fear or reinforce biases or religious hatred, when passed around on social media, has been known to incite violence and put the safety of Americans, at home and abroad, at risk. Such posts have also had the direct effect of alienating allies on an international level. But the impacts are also felt close to home. In our small borough, we come from all walks of life: various ethnic groups, diverse backgrounds, and religious affiliations make up the tapestry of our community, and we are a richer, more robust community because of our diversity. We are therefore saddened to know Page 3 of 23

4 that friends, neighbors, and residents may be directly or indirectly affected by these tweets. That is why we need to speak up, have a voice, and protect our community. Therefore, in our first statement as the newly reinstated Metuchen Human Relations Commission, we would like to formally denounce these actions and this divisive language. Further, we reject hate speech of any kind, including religiously or culturally motivated character attacks against our fellow Americans. We will not foster an atmosphere in our town, or our country, that will allow for careless, thoughtless rhetoric to lead to hate crimes or hateful actions. The Human Relations Commission asks for our town to stand together against acts of hate, bigotry, and harassment. This is a non-partisan issue that should matter to all of us, and compel us to join together, not by political affiliation, but united as Americans. We take a stand today for our belief in and support of our inherent American value of religious freedom. And we demand that our elected leaders promote this principle rather than counteract it. Public Comment Mayor Cammarano opened Public Comment to any members of the public wishing to speak. Carl Peter Klapper, 147 Main Street, #2, Metuchen spoke about the loud and constant traffic along Main Street and made a suggestion to add traffic stops along Main Street to allow cars to enter from side streets as well as for pedestrian safety. Mayor Cammarano stated that since it is a County Roadway that the Administrator and Police can talk with County Officials to see if traffic stops can be added. Jane Kilmer, 292 High Street, Metuchen is requesting residential parking only for High Street as well as speed limit signs. The drivers are speeding along High Street since the road has been repaved. Jen, 292 High Street, Metuchen is concerned that emergency vehicles cannot get down the street due to the parking of vehicles on both sides. She is requesting that there be no parking on one side and residential parking only on the other side. Jack Mori, 158 Norris Avenue, Metuchen asked about R , Resolution Authorizing the Hiring of a Part-time Parking Enforcement Officer, and is wondering what happens after Dec. 31, He asked if that position goes away in the beginning of the year. Mr. Muldoon explained that that position is an annual appointment and will be renewed at the Reorganization Meeting on January 1, Seeing no one wishing to speak, Mayor Cammarano closed the Public Comment. Ordinance Public Hearing and Adoption Council President Grayzel asked for the presentation of Affidavit of Publication for Ordinance The affidavit of publication was presented stating that said Ordinance has been published one time in the Home News Tribune according to Law on November 9, Council President Grayzel moved that the affidavit of publication be received and filed, second by Councilwoman Rasmussen, with all favor, motion carried, 6-0. Council President Grayzel asked Borough Clerk to read Ordinance by title. Page 4 of 23

5 Ordinance was read 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 Mayor Cammarano opened the Public Hearing on Ordinance Seeing no one wishing to speak, Mayor Cammarano closed the Public Hearing. Council President Grayzel made a motion to pass Ordinance on second reading and be published according to law, second by Councilwoman Rasmussen. Mayor Cammarano asked for a roll call vote. Roll Call: Yes: None Nays: Inserro, Leibfried, Koskoski, Pagel, Rasmussen and Grayzel voted yes. Ordinance was rejected, 6-0 ORDINANCE AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF METUCHEN, CHAPTER 185, ENTITLED VEHICLES AND TRAFFIC, SECTION PARKING TIME LIMITED ON CERTAIN STREETS BE IT ORDAINED by the Mayor and Council of the that the Police Department Code of the be amended as follows: SECTION 1. Chapter 185 of the Code of the is hereby amended to add the following to Section Parking Time Limited on Certain Streets: Street Side Location Prospect Street Both Entire Length High Street North From Prospect Street to a point 284 feet West therefrom High Street South From Prospect Street to a point 450 feet West therefrom SECTION 2. accordance with law. This ordinance shall take effect upon publication after final passage in Communications Consent Agenda Items A - I Page 5 of 23

6 Council President Grayzel made a motion to move Communication Consent Agenda, Item A - I, second by Councilwoman Koskoski, with all in favor, motion carried, 6-0 Receive and Accept Metuchen Planning Board Meeting Minutes of May 4, 2017 and August 17, 2017 Receive and Accept Metuchen Environmental Meeting Minutes of July 19, 2017 Receive and Accept Metuchen Municipal Alliance Meeting Minutes of January 12, 2017, April 6, 2017 and October 12, 2017 Receive and Accept Metuchen Traffic & Transportation Meeting Minutes of September 13, 2017 Receive and Accept Metuchen Zoning Board of Adjustment Meeting Minutes of October 12, 2017 Receive and Accept Metuchen Parking Authority Meeting Minutes of October 17, 2017 Receive and Accept Metuchen Arts Council Meeting Minutes of September 25, 2017 and October 30, 2017 Receive and Accept Breaking the Chain through Education Walk Sunday, June 3, 2018 at 1:00 PM Receive and Accept Fuce 5K Run/Walk Sunday, June 17, 2018 Reports of Councilmembers Mayor Cammarano opened Reports of Councilmembers. Council President Grayzel Has no report this evening Councilwoman Inserro - On Wednesday December 6 th at Edgar Middle School Gym, there will a program called Hidden in Plain Sight. It is sponsored by Metuchen Public Schools and the Metuchen Municipal Alliance. It is a hands-on interactive learning opportunity available to all parents, caregivers and adults over 21 only with no one under 21 permitted to attend.. A light dinner will be provided and the presentation will begin at 7:30 PM. Councilman Leibfried - The Pool Commission met last month and would like to thank the Borough Hall Personnel for their support preparing for the upcoming Municipal Pool Season - The Recreation Commission met in late November and continues to discuss the possibility of altering the field and recreational facilities use policy. There will be continued conversations with the Borough s recreational athletic organization and the Board of Education before an ordinance is to be presented with any changes. Councilwoman Koskoski Page 6 of 23

7 - The Metuchen Arts Council has a bus trip on December 6 th to the Train Show at the Botanical Gardens in NYC. Lunch and shopping will be at Arthur Avenue. The bus will leave at 8:00 A.M. from the Municipal Pool parking lot and the cost is $50.00 p/p. Reservations can be made through Nancy Goldberg at or ngoldberg@metuchen.com. - Saturday, January 13 th is the first School House Songwriters Series. It will take place at the Franklin Old Schoolhouse at 8:00 P.M. The cost is $10.00 at the door. - Traffic & Transportation is getting closer to finalizing their plans to improve safety issues at the High School. There is a Traffic & Transportation meeting this week to finalize those plans. - Human Relations Commission had its first meeting last month and has planned its first event. There will be a candlelight walk down Main Street on December 10 th for Human Rights Day. Events and walk will begin at the Library at 4:00 P.M. and will end at Cai s Café. Councilman Pagel Has no report at this time. Councilwoman Rasmussen - The Senior Holiday Luncheon will be held on December 8 th at 12:00 P.M. - Senior Center will be closed from December 25 th through January 1, The Environmental Commission will be holding its first Annual Environmental Film Festival Series starting on January showing Chasing Coral ; February 23 rd showing The True Cost ; and March 23 rd showing Hometown Habitat. Doors open at 7:00 P.M. at Cai s Café. Screenings will begin at 7:30 P.M. Wine, Coffee and snacks will be available for purchase. Reports of Officers Jay Muldoon, Interim Borough Administrator - The Metuchen Police Department would like to remind those residents requiring resident parking stickers that all current stickers will expire on December 31, Residents will be able to apply for their new parking stickers on December 9 th and 10 th at the Municipal Building from 9:00 A.M. to 1:00 P.M. Residents are required to bring their Driver s License and vehicle registration card. Residents must have the actual car that requires the parking sticker in order to get the sticker. Denis Murphy, Esq. Has no report at this time. Report of the Mayor Today I submitted my resignation letter to the Borough Clerk effective midnight tonight. As many know I have accepted the position as Chief of Staff to Governor-elect Murphy s office. That job will require and has already required a tremendous amount of my time and energy and I feel that I will not be able to give the job as Mayor the time required. The decision to resign has been a very difficult one for me, in fact stepping down as Mayor is probably the hardest part of the decision and took the longest process in deciding whether I wanted to take the position as Chief of Staff. Ultimately the opportunity to serve the residents at a higher level of New Jersey proved to be too much for me not to do. I would like to thank everyone, especially each member of the Council. So many people of the Borough will never know how hard you work, how much time you put in and how much you do for the town. You all deserve credit. The Borough Clerk keeping the Council all in check, the Borough Administrator who has served many years on the Council and the Borough Attorney, I consider all of you as true public servants and very good friends. I thank each for your support and friendship. The seven years on Council and two years as Mayor have been nothing but wonderful experiences for me. I believe that the Council and Mayor have accomplished a great deal, which is on the brink of completing but there is still a lot Page 7 of 23

8 more to go. Metuchen is really on the rebound and I am really happy to be able to play a role in helping to create that. I look forward to seeing everyone around town because I am not leaving town, I just won t be here. I will be around and look forward to ringing in the New Year on the Plaza with all my friends and neighbors. Thank you and Happy New Year. Council President Grayzel made a statement as Council President on behalf the Borough Council, the Administration and the public: Tonight we wish our Mayor Peter Cammarano Godspeed in his return to NJ State Government as the Governor-elect s Chief of Staff. To those of us who have had the honor to work with you, the fact that our new Governor identified you as his choice to help lead his administration raises our hopes that State Government will tackle the enormous challenges facing New Jersey in the future. In your many years of service to Metuchen, we have all become accustomed to your advice and guidance and all of us here have become reliant on your wisdom and good judgment. An acquaintance of mine who is familiar with your background, experience and stature from press accounts asked me why in the world would this Cammarano fellow serve in a small town as Councilman and Mayor What s the motivation? I started to tell this person about some of your major achievements and I realized that this was beside the point. The answer to his question is very simple he did it out of love for and a sense of commitment for the town and its residents. Peter grew up here the Cammarano family still lives here. Peter and Diane raised their two sons here both boys had a traditional Metuchen local upbringing. They each graduated Metuchen High School and have gone out to the world. Everyone in town recognizes that regardless of where you work or what you achieve, your heart will always be right here in the small town you served so well. Very few people in the halls of power that you have dealt with and will deal with in the future will ever achieve that legacy not matter what they are able to accomplish materially. But this is not our good-bye. We will still seek you out when the need arises. I want you to know your voice mail may be full but we know where you live. And better yet Councilman Leibfried, in his early morning runs, knows when you leave in the morning. From all of us, with pained expressions, but hope for the future wish you Godspeed. New Business Consent Agenda - Resolutions through Council President Grayzel moved New Business Consent Agenda Resolutions through , second by Councilman Leibfried, all in favor, motion carried, 6-0. RESOLUTION RESOLUTION EXPRESSING OPPOSITION TO LEGISLATIVE PROPOSALS REGARDING THE OPEN PUBLIC MEETINGS ACT AND OPEN PUBLIC RECORDS ACT Page 8 of 23

9 WHEREAS, the New Jersey Senate Budget and Appropriations Committee took action on Senate Bill Nos and 1046, which amend the Open Public Meetings Act and Open Public Records Act, respectively, on June 29, 2017; and WHEREAS, the Committee released the bills to the full Senate without recommendation because the bills are unnecessary, unpopular with the public, and would result in significant financial and administrative burdens on municipalities; and WHEREAS, the bills fail to adequately protect taxpayers, municipalities and, especially, municipal clerks from abusive, harassing, and purposefully confrontational individuals who submit voluminous requests for no legitimate reason; and WHEREAS, the legislation would expand the Open Public Meeting Act to create impractical and burdensome requirements with respect to subcommittees and working groups established by the entire governing body, which would effectively limit the ability of small groups of local officials discussing issues of public concern for the purposes of informing the governing body; and WHEREAS, under the bills, the responsibilities of municipal clerks, who the Legislature has already loaded with responsibilities beyond the scope of their office, would be stretched even further than current law requires without a single dollar of additional resources provided to, or authorized to be collected by, municipalities; and WHEREAS, the bills would impose a financial burden on municipalities that would not be offset by a revenue source other than the property tax, making the bills unfunded mandates prohibited by the New Jersey Constitution; and WHEREAS, some municipalities are more equipped than others to meet the burdens that would be imposed by Senate Bill Nos and 1046, however, without assistance of any kind from the States or the courts, every municipality would be on its own to meet the myriad new requirements of the law. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Metuchen, that the Legislature is strongly urged to reject Senate Bill Nos and 1046 and draft new legislation to modernize OPRA and OPMA while providing municipalities and clerks with the resources to effectuate these changes for the benefit of the public. BE IT FURTHER RESOLVED that a certified copy of this Resolution be filed with the legislative sponsors of Senate Bill Nos and 1046 and Assembly Bill Nos and 2699, the Speaker of the General Assembly, the President of the Senate, and the Governor, and all parties are urged to listen to the concerns of local officials and prevent Senate Bill Nos and 1046 from becoming law. RESOLUTION RESOLUTION AUTHORIZING THE CANCELLATION OF TAX SALE LIEN Page 9 of 23

10 WHEREAS, the Tax Collector received the necessary amount to redeem the following Tax Sale Certificate on the following property: Cert # Block/Lot Address Lienholder /17 Pierson Street Daniel A. Lebar BE IT FURTHER RESOLVED that the Tax Collector be authorized to cancel this lien from the municipal record. RESOLUTION RESOLUTION TO CANCEL 2017 BUDGET BALANCES WHEREAS, the following Current Fund budget appropriation balances remain unexpended; Interest on Bonds 1.50 Interest on Notes WHEREAS, it is necessary to formally cancel said balances so that the unexpended balances may be credited to Surplus; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Metuchen that the above listed unexpended balances totaling $61.32 be cancelled to the Current Fund. RESOLUTION RESOLUTION REQUESTING APPROVAL OF ITEMS OF REVENUE AND APPROPRIATION NJS 40A: NJ LWD ADULT LITERACY & COMMUNITY LIBRARY PARTNERSHIP GRANT WHEREAS, NJS 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount was not determined at the time of the adoption of the budget; and WHEREAS, the Director may also approve the insertion of an item of appropriation for equal amount, NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Borough of Metuchen in the, New Jersey, hereby requests the Director of the Division of Local Page 10 of 23

11 Government Services to approve the insertion of an item of revenue in the budget in the year 2017 in the sum of $31,825.00, which is now available from the Department of Labor and Workforce Development for an Adult Literacy & Community Library Partnership Grant in the amount of $31,825.00, BE IT FURTHER RESOLVED, that the like sum of $31, is hereby appropriated under the caption NJ LWD Adult Literacy & Community Library Partnership Grant; and BE IT FURTHER RESOLVED that the above is the result of funds from Department of Labor and Workforce Development, in the amount of $31, RESOLUTION RESOLUTION AUTHORIZING THE INTERLOCAL AGREEMENT WITH MIDDLESEX COUNTY FOR PUBLIC HEALTH SERVICES WHEREAS, the County has created the Middlesex County Department of Public Health pursuant to N.J.S.A. 26:3A2-1 et seq., to provide an array of public health services; and WHEREAS, the is desirous of contracting with the County for by the County to the Municipality health services of a technical and professional nature as more furnishing health services of a technical and professional nature as more fully set forth below: 1. The County shall provide properly licensed personnel within the territorial jurisdiction of the, to carry out the following public health activities" a. ADMINISTRATION b. HEALTH EDUCATION c. COUNTY ENVIRONMENTAL HEALTH ACT(CEHA) ENVIRONMENTAL PROGRAMS d. PUBLIC HEALTH NURSING e. PUBLIC HEALTH INSPECTION f. EPIDEMIOLOGY AND BIOTERRORISM 2. All of the above mentioned activities shall be provided in accordance with the Public Health Practice Standards of Performance for Local Boards of Health in New Jersey (revised) as set forth in N.J.A.C. Title 8 Chapter In addition to the above public health services, the County will continue to provide specialized grant services. 4. The term of this contract shall be for two (2) years commencing on January 1, 2018 and terminating December 31, 2019, unless terminated earlier as provided for hereinafter. 5. The base cost for the provision of the aforesaid health services shall be as follows: Page 11 of 23

12 $53, $54, NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Metuchen that the Mayor and Borough Clerk are hereby authorized and directed to execute an agreement with the for the provision of public health services as outlined in the said agreement. RESOLUTION RESOLUTION REFUNDING SIDEWALK ESCROW FEE # CONCORD AVENUE WHEREAS, Craig Koster has posted $ for apron and sidewalk escrow fees at 22 Concord Avenue; and WHEREAS, the Planning Office has requested that the escrow fees be refunded to Craig Koster, NOW, THEREFORE, BE IT RESOLVED, that Craig Koster be refunded $ from the Sidewalk Inspection Escrow account. RESOLUTION RESOLUTION AUTHORIZING REFUND OF 2017 TAXES WHEREAS, the following has made an overpayment of taxes, Name Block/Lot Address Amount Year Kevin Szelag 82.01/5 C007 7 Central Square Park 2, Overpayment 3 rd qtr 2017 NOW, THEREFORE, BE IT RESOLVED, that the above listed property owner or agent be refunded property taxes as described in the amount of $2, RESOLUTION RESOLUTION APPOINTING PARKING ENFORCEMENT OFFICER CHEYENNE GRANT Page 12 of 23

13 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 Cheyenne Grant; and 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 Cheyenne Grant as a Parking Enforcement Officer of the. NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of Metuchen that Cheyenne Grant 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, 2017, at a rate of pay of $12.00 per hour effective November 16, 2017 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. RESOLUTION RESOLUTION AUTHORIZING REFUND OF INSPECTION FEE 41 TALMADGE AVENUE WHEREAS, Brian Patrick Callahan, th Avenue, Garwood, NJ 07027, made payment on June 7, 2017 in the amount of $ for an inspection fee for curb, apron and sidewalk replacement at 41 Talmadge Avenue, Metuchen, NJ 08840, Block 59, Lot 60.1; and WHEREAS, Brian Patrick Callahan has moved and will not be performing the work and has requested the inspection fee be refunded; 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 Brian Patrick Callahan, th Avenue, Garwood, NJ RESOLUTION Page 13 of 23

14 RESOLUTION REFUNDING SIDEWALK ESCROW FEE # TALMADGE AVENUE WHEREAS, Brian Patrick Callahan, th Avenue, Garwood, NJ 07027, made payment on June 7, 2017 in the amount of $ for curb, apron and sidewalk replacement at 41 Talmadge Avenue, Metuchen, NJ 08840, Block 59, Lot 60.1; and WHEREAS, Brian Patrick Callahan has moved and will not be performing the work and has requested the escrow fees be refunded; 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 Brian Patrick Callahan, th Avenue, Garwood, NJ RESOLUTION RESOLUTION AUTHORIZING CHANGE ORDER #1 AND FINAL CONTRACT FOR OAKLAND PARK IMPROVEMENTS CHANGE ORDER #1 AND FINAL WHIRL CORPORATION INC WHEREAS, Oakland Park Improvements project has been approved in a contract between the Mayor and Council and Whirl Corporation Inc; and WHEREAS, on 211/23/2017 Maser Engineering submitted Change Orders to the Borough approving Change Order #1 and Final for a net decrease to the Borough in the amount of $26,475.00; and WHEREAS, the net decrease to the Borough for Change Order #1 and Final is $26,475.00; NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the that the proper officials are hereby authorized to execute the said attached Change Order #1 and Final. RESOLUTION RESOLUTION TO GRANT EXEMPTION FOR DISABLED VETERAN AND TO REFUND 2017 TAXES WHEREAS, the Tax Assessor of the has been provided sufficient proof that the owner of the property known as 22 Kelly Street, Block 154.7, Lot 8.01, in the Borough of Metuchen is owned by a 100% Permanently & Totally Disabled Veteran, as noted in a letter from the Department of Veterans Affairs dated October 30, 2017, and Page 14 of 23

15 WHEREAS, the property owner John Errickson, being determined to be totally and permanently disabled by the Department of Veteran Affairs applied to the for the tax exemption on October 30, for Block 154.7, Lot 8.01, effective October 30, 2017, NOW THEREFORE, BE IT RESOLVED, by the Borough Council of the Borough of Metuchen that the Chief Financial Officer/Tax Collector is hereby authorized to refund the homeowner the monies already paid for the th quarter taxes, prorated for the period of exemption in the amount of $1, RESOLUTION RESOLUTION AUTHORIZING 2017 BUDGET TRANSFERS WHEREAS, there are unexpended balances in various 2017 appropriation accounts not required for the balance of 2017; and WHEREAS, additional sums are required for the operating expenses of other Borough accounts, NOW, THEREFORE, BE IT RESOLVED, that the following transfers be approved: Appropriation From To Administration & Executive OE 87, Sewers 10, Police S&W 41, Office of Emergency Management OE 1, Police OE 1, MCUA Sewage Treatment 92, METV OE 30, Public Works OE Parks & Playgrounds OE 5, Defined Contribution Retirement Plan 1, Buildings & Grounds OE 10, , , RESOLUTION RESOLUTION APPOINTING FIREFIGHTER ANTHONY AGLIATA WHEREAS, the Mayor and Borough Council have been notified by Robert Donnan, Chief of the Metuchen Fire Department, that Anthony Agliata has been approved to be a permanent member of the Page 15 of 23

16 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, Anthony Agliata be and he is hereby elected, approved, and confirmed as a permanent member of the Fire Department of the. RESOLUTION County of Metuchen RESOLUTION AUTHORIZING THE AWARD OF A PROFESSIONAL SERVICES CONTRACT FOR CONSULTANT SERVICES FOR ADDITIONAL PROFESSIONAL PLANNING SERVICES FOR THE BOROUGH OF METUCHEN TO UPDATE THE HISTORIC PRESERVATION ELEMENT IN METUCHEN S MASTER PLAN WHEREAS, there exists the need for consultant services for additional professional planning services for the to update the Historic Preservation Element in Metuchen s Master Plan; and WHEREAS, LRK, Inc., the Borough Planner, submitted a proposal to render professional planning services to the Borough to update the Historic Preservation Element in the Borough s Master Plan for a cost not to exceed ten thousand dollars ($10,000.00); and WHEREAS, the proposal was reviewed and evaluated by Borough Administrator; and WHEREAS, it is the recommendation of the Borough Administrator that a contract for professional planning services be awarded to LRK, Inc of Philadelphia, PA; and WHEREAS, it is the desire of Borough Council to award a professional services contract to LRK, Inc of Philadelphia, PA for additional professional planning services for the to update the Historic Preservation Element in Metuchen s Master Plan effective ; and WHEREAS, the cost for the proposed services is a fixed fee of $10, for developing an update to the Historic Preservation Element; and WHEREAS, the Chief Financial Officer's Certification of Funds has certified that there is sufficient funds for such contract and is available and is designated from 2017 current fund Account number for the update to the Historic Preservation Element in Metuchen s Master plan, not to exceed the of total of $10, WHEREAS, the cost for the proposed services and contract amount shall not exceed ten thousand dollars ($10,000.00) without further approval by the Mayor and Borough Council; and WHEREAS, this contract is awarded as a non-fair and open contract pursuant to and in accordance with the Local Unit Pay-to-Play Law. Page 16 of 23

17 NOW, THEREFORE, BE IT RESOLVED, by the Borough Council of the that it hereby awards a professional services contract to LRK, Inc., Public Ledger Building, Suite 756, 150 S. Independence Mall West, Philadelphia, PA for the update to the Historic Preservation Element in Metuchen s Master Plan on the basis of the proposal submitted and approved in an amount not to exceed ten thousand dollars ($10,000.00); and BE IT FURTHER RESOLVED that the Mayor and Borough officials and employees are hereby authorized to take all necessary action in order to effectuate the terms and provisions of this Resolution, including but not limited to the execution of an Agreement in the form acceptable in contents by the Mayor and Council President. RESOLUTION County of Metuchen RESOLUTION AUTHORIZING THE AWARD OF A PROFESSIONAL SERVICES CONTRACT TO MASER CONSULTING, P.A. TO PERFORM ENGINEERING SERVICES FOR THE KENTNOR PARK RENOVATIONS PROJECT WHEREAS, the is in need of professional engineering services for the Kentnor Park Renovations Project; and WHEREAS, Maser Consulting, P.A., the Borough Engineer, submitted a proposal dated October 31, 2017 to the Borough to render engineering services for the Kentnor Park Renovations Project for a cost not to exceed forty-one thousand five hundred dollars ($41,500.00); and WHEREAS, the proposal was reviewed and evaluated and it is the recommendation of the Borough Administrator that a contract for engineering services for the Kentnor Park Renovations Project be awarded to Maser Consulting P.A. of Red Bank, New Jersey consistent with the proposal submitted; and WHEREAS, the Council of the have reviewed the proposal and have determined it is in the best interest of Metuchen to award a contract to Maser Consulting P.A., of Red Bank, New Jersey to render engineering services for the Kentnor Park Renovations Project; and WHEREAS, the cost for the proposed services shall not exceed forty-one thousand five hundred dollars ($41,500.00) without further approval by the Mayor and Borough Council; and WHEREAS, this contract is awarded as a non-fair and open contract pursuant to and in accordance with the Local Unit Pay-to-Play Law; and WHEREAS, the Chief Financial Officer's Certification of Funds has certified that there is sufficient funds for such contract and is available and is designated from 2017 Administration & Executive Professional Service fund Account number for these services. NOW, THEREFORE, BE IT RESOLVED, by the Borough Council of the Borough of Metuchen that it hereby awards a contract to Maser Consulting, P.A., 331 Newman Springs Road, Suite 203, Red Bank, NJ on the basis of the proposal dated October 31, 2017, to provide professional engineering services to the for the Kentnor Park Renovations Project in an amount not to exceed forty-one thousand five hundred dollars ($41,500.00); and Page 17 of 23

18 BE IT FURTHER RESOLVED that the Mayor and 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 an Agreement in the form acceptable in contents by the Mayor and Council President. Other New Business Council President Grayzel made a motion to approve R ; authorizing the Payment of the Bill List in the amount of $3,998,929.93, second by Councilwoman Rasmussen, with all in favor, motion carried, 6-0. RESOLUTION RESOLUTION AUTHORIZING THE PAYMENT OF THE BILL LIST BE IT RESOLVED by the Mayor and Council of the that the proper warrants be drawn and all bills be paid totaling $3,998, I, Rebecca Cuthbert, Chief Financial Officer of the do hereby certify that funds are available for the payment of bills for the. Ordinance Introduction Council President Grayzel made a motion to introduce Ordinance and be taken up on first reading, second by Councilwoman Rasmussen, with all in favor, motion carried, 6-0. Council President Grayzel asked that the Ordinance be read by title only. Borough Clerk read the Ordinance by title only: Ordinance An Ordinance Amending the Code of the Borough of Metuchen, Chapter 185, Vehicles and Traffic, Section 23, Multiway Stop Intersections Council President Grayzel moved Ordinance be passed on first reading, be published according to law and a public hearing be set down for Monday, December 18, 2017, second by Councilwoman Rasmussen. Mayor Cammarano asked for a roll call vote. Roll Call: Inserro, Leibfried, Koskoski, Pagel, Rasmussen and Grayzel voted yes. Ordinance was passed on first reading and be published according to law, 6-0. Page 18 of 23

19 ORDINANCE BOROUGH OF METUCHEN COUNTY OF MIDDLESEX STATE OF NEW JERSEY AN ORDINANCE AMENDING THE CODE OF THE BOROUGH OF METUCHEN, CHAPTER 185, VEHICLES AND TRAFFIC, SECTION 23, MULTIWAY STOP INTERSECTIONS BE IT ORDAINED, by the Mayor and Council of the, County of Middlesex,, that: SECTION 1. Section is hereby supplemented, amended and revised to reflect: Lake Avenue and Brunswick Avenue: stop signs shall be installed on all approaches SECTION 2. In accordance with N.J.S.A. 39:4-197(1)j., the Borough Engineer has certified (attached hereto and made a part thereof) the following information regarding the Lake Avenue & Brunswick Avenue: (i) that all intersecting streets are under municipal jurisdiction; (ii) that the intersection is within 500 feet of a school, or a playground or a youth recreational facility as defined therein; and (iii) the intersections are on streets contiguous to a school, or playground or youth recreational facility. SECTION 3. The provisions of this Ordinance shall be severable. In the event that any portion of this Ordinance is found to be invalid for any reason by any court of competent jurisdiction, such judgment shall be limited in its effect only to that portion of the Ordinance actually adjudged invalid and shall not be deemed to effect the operation of any other portion thereof, which shall remain in full force and effect. SECTION 4. All other Ordinances or parts of Ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency. SECTION 5. This Ordinance shall take effect immediately upon final passage and publication according to law. ORDINANCE BOROUGH OF METUCHEN COUNTY OF MIDDLESEX STATE OF NEW JERSEY AN ORDINANCE AMENDING THE CODE OF THE BOROUGH OF METUCHEN, CHAPTER 185, VEHICLES AND TRAFFIC, SECTION 23, MULTIWAY STOP INTERSECTIONS BE IT ORDAINED, by the Mayor and Council of the, County of Middlesex,, that: SECTION 1. Section is hereby supplemented, amended and revised to reflect: Lake Avenue and Brunswick Avenue: stop signs shall be installed on all approaches Page 19 of 23

20 SECTION 2. In accordance with N.J.S.A. 39:4-197(1)j., the Borough Engineer has certified (attached hereto and made a part thereof) the following information regarding the Lake Avenue & Brunswick Avenue: (i) that all intersecting streets are under municipal jurisdiction; (ii) that the intersection is within 500 feet of a school, or a playground or a youth recreational facility as defined therein; and (iii) the intersections are on streets contiguous to a school, or playground or youth recreational facility. SECTION 3. The provisions of this Ordinance shall be severable. In the event that any portion of this Ordinance is found to be invalid for any reason by any court of competent jurisdiction, such judgment shall be limited in its effect only to that portion of the Ordinance actually adjudged invalid and shall not be deemed to effect the operation of any other portion thereof, which shall remain in full force and effect. SECTION 4. All other Ordinances or parts of Ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency. SECTION 5. This Ordinance shall take effect immediately upon final passage and publication according to law. Ordinance Council President Grayzel made a motion to introduce Ordinance and be taken up on first reading, second by Councilwoman Rasmussen, with all in favor, motion carried, 6-0. Council President Grayzel asked that the Ordinance be read by title only. Borough Clerk read the Ordinance by title only: Ordinance Ordinance Amending Chapter 37 of the Code of the Entitled Police Department to Designate the Administrator of the Borough of Metuchen as the Appropriate Authority Pursuant to N.J.S.A. 40A: Council President Grayzel moved Ordinance be passed on first reading, be published according to law and a public hearing be set down for Monday, December 18, 2017, second by Councilwoman Rasmussen. Mayor Cammarano asked for a roll call vote. Roll Call: Inserro, Leibfried, Koskoski, Pagel, Rasmussen and Grayzel voted yes. Ordinance was passed on first reading and be published according to law, 6-0. ORDINANCE Page 20 of 23

21 ORDINANCE AMENDING CHAPTER 37 OF THE CODE OF THE BOROUGH OF METUCHEN ENTITLED POLICE DEPARTMENT TO DESIGNATE THE ADMINISTRATOR OF THE BOROUGH OF METUCHEN AS THE APPROPRIATE AUTHORITY PURSUANT TO N.J.S.A. 40A: WHEREAS, the has established a Police Department pursuant to N.J.S.A 40A: as is set forth in Chapter 37 of the Code of the ; WHEREAS, pursuant to N.J.S.A. 40A: a municipality shall provide for a line of authority relating to the police function and for the adoption and promulgation by the appropriate authority of rules and regulations for the government of the force and for the discipline of its members; WHEREAS, the Code of the currently designates the Borough Mayor to serve as the Appropriate Authority of the Police Department; WHEREAS, pursuant to N.J.S.A 40A: a municipality may elect to have the Administrator of the serve as the Appropriate Authority; WHEREAS, the Council of the believes that the designation of the Administrator of the as the Appropriate Authority will allow the Borough to achieve greater efficiencies and will improve the communications and oversight of the Police Department with the governing body; WHEREAS, the Council of the deems it in the best interest of the residents to amend Chapter 37 of the Code of the, entitled, Police Department to designate the Administrator of the as the Appropriate Authority, pursuant to N.J.S.A. 40A: NOW THEREFORE BE IT ORDAINED by the Council of the that it hereby amends Chapter 37 the Code of the entitled, Police Department designating the Administrator of the as the Appropriate Authority of the Police Department pursuant to N.J.S.A. 40A:14-118; and BE IT FURTHER ORDAINED by the Council of the that it hereby specifically amends 37-5 entitled Responsibilities and entitled, Disciplinary actions to read as follows: 37-5 Responsibilities A. The Chief of the Police Department shall be the executive head of the police force, and he or she shall be directly responsible to the appropriate authority for the efficiency and routine day-today operations thereof, and he or she shall, pursuant to policies established by the appropriate authority, and in accordance with the statutory mandate of N.J.S.A. 40A:14-118: (1) Administer and enforce rules and regulations and special emergency directives for the disposition and discipline of the force and its officers and personnel. (2) Have, exercise and discharge the functions, powers and duties of the force. (3) Prescribe the duties and assignments of all subordinates and other personnel. (4) Delegate such of his or her authority as he or she may deem necessary for the efficient operation of the force to be exercised under his or her direction and supervision. Page 21 of 23

22 B. Report at least monthly to the appropriate authority in such form as shall be prescribed by such authority on the operation of the force during the preceding month and make such other reports as may be requested by such authority. The Administrator of the is designated as the appropriate authority for all matters relating to the police function. The Administrator of the Borough of Metuchen shall, from time to time, adopt, revise and amend the rules and regulations for the government of the Police Department and for the discipline of its members. [Amended by Ord. No ] C. Nothing herein contained shall prevent the appointment by the governing body of such committees or commissions as shall be necessary to conduct investigations of the operation of the police force, which committees or commissions shall have such powers of inquiry as the governing body deems necessary to conduct any such hearing or investigation as authorized by law. [Added by Ord. No ] Disciplinary actions. Any member of the Police Department may be suspended, removed, fined or reduced from his or her office or employment therein for just cause only after written charges of the cause of complaint shall have been preferred against such employee of the Police Department, signed by the person making such charges, filed in the office of the Chief of Police, and served upon the member charged. The member charged may request a hearing on the charges and will receive an opportunity to make his or her defense, if any he or she has, or chooses to make, as provided by law; provided, however, that for any dereliction of duty by a member of the Police Department for which a penalty less than suspension, removal, fine, or reduction from office or employment, as may be appropriate, the Chief of Police may impose such appropriate penalty. The Administrator of the, or his or her designee, shall sit as Hearing Officer for the Borough on any complaint against a permanent member of the Police Department charging a violation of N.J.S.A. 40A: or violation of the internal rules and regulations of the Police Department and on which is sought a suspension, removal, fine or demotion. In the event the Administrator does not act as Hearing Officer, the individual so designated to hear the disciplinary matter shall, at the conclusion of the hearing, forward his/her findings and recommendations to the Administrator who shall make the final determination. The Administrator's decision shall be reviewable only as provided by N.J.S.A. 40A:14-150, as amended from time to time. In the event an individual not employed by the Borough is considered by the Administrator to act as the Hearing Officer, the alternate Hearing Officer shall be appointed by the Borough Council. BE IT FURTHER ORDAINED by the Borough Council of the that all Borough officials, employees and agents shall take all necessary actions to in order to effectuate the within Ordinance. BE IT FURTHER ORDAINED by the Council of the that should any section, paragraph, sentence, clause or phrase of this ordinance be declared unconstitutional or invalid for any reason, the remaining portions of this ordinance shall not be affected thereby and shall remain in full force and effect, and to that end the provisions of this ordinance are hereby declared to be severable. BE IT FURTHER ORDAINED by the Council of the that all ordinances or parts of ordinances inconsistent with this amending ordinance are hereby repealed to the extent of their inconsistencies only. BE IT FURTHER ORDAINED by the Council of the that this ordinance shall take effect after passage and publication as required by law. Page 22 of 23