REGULAR MEETING January 23, 2017 MAYOR AND BOROUGH COUNCIL MEETING NO. 3 PAGE NO. 1

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1 PAGE NO. 1 IN COMPLIANCE WITH CHAPTER 231 OF PUBLIC LAW OF 1975, NOTICE OF THIS MEETING WAS GIVEN BY WAY OF ANNUAL NOTICE FILED WITH THE BOROUGH CLERK, THE HOME NEWS TRIBUNE, THE SENTINEL AND POSTED ON THE BULLETIN BOARD IN THE BOROUGH OF SOUTH RIVER MUNICIPAL BUILDING A Regular Meeting of the Mayor and Council of the Borough of South River, in the County of Middlesex and the State of New Jersey was held January 23, 2017 and was called to order by Mayor Krenzel at 8:35 PM in the Council Chamber of the Criminal Justice Building at 61 Main Street in South River, New Jersey with the following Councilmembers in attendance: Councilmembers Alai, Gurchensky, Jones, Meira, Sapata, Haussermann Also attending this meeting were Frederick Carr, Borough Administrator and James Nolan, Borough Attorney. MINUTES The Minutes of Meeting No. 24 held on December 12, 2016 was submitted to the Council for acceptance and/or amendment. Councilman Sapata moved that the Minutes be approved. Councilman Jones seconded the motion. YEAS: NAYS: ABSTAIN: Gurchensky, Jones, Sapata, Haussermann None Alai, Meira The Closed Session Minutes of December 12, 2016 was submitted to the Council for acceptance and/or amendment. Councilman Sapata moved that the Minutes be approved. Councilman Gurchensky seconded the motion. YEAS: NAYS: ABSTAIN: Gurchensky, Jones, Sapata, Haussermann None Alai, Meira The Minutes of Meeting No. 1 held on January 1, 2017 was submitted to the Council for acceptance and/or amendment. Councilman Haussermann moved that the Minutes be approved. Councilman Alai seconded the motion. YEAS: NAYS: Alai, Gurchensky, Jones, Meira, Sapata, Haussermann None

2 PAGE NO. 2 ORDINANCES SECOND READING AND PUBLIC HEARING ORD ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK FOR CALENDAR YEAR 2017 WHEREAS, the Local Government CAP Law, N.J.S.A. 40A: et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 0.5% unless authorized by ordinance to increase it to 3.5% over the previous year s final appropriation, subject to certain exceptions; and WHEREAS, N.J.S.A. 40A: a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and WHEREAS, the Mayor and Borough Council of the Borough of South River in the County of Middlesex finds it advisable and necessary to increase its CY 2017 budget by up to 3.5% over the previous year s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and WHEREAS, the Mayor and Borough Council hereby determines that a 3.5% increase in the budget for said year, amounting to $421, in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and WHEREAS, the Mayor and Borough Council hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Borough Council of the Borough of South River, County of Middlesex, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2017 budget year, the final appropriations of the Mayor and Borough Council shall, in accordance with this ordinance and N.J.S.A. 40A: , be increased by 3.5%, amounting to $421, and that the CY 2017 municipal budget for the Borough of South River be approved and adopted in accordance with this ordinance. BE IT FURTHER ORDAINED that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriations in either of the next two succeeding years. BE IT FURTHER ORDAINED that a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within 5 days of introduction. BE IT FURTHER ORDAINED that a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with the said Director within 5 days after such adoption.

3 PAGE NO. 3 law. This Ordinance shall take effect after final passage, adoption, and publication according to Mayor Krenzel opened the hearing to the public for comments/questions. No comments were made. Councilman Trenga moved that the public hearing be closed. Councilman Gurchensky seconded the motion. So carried. Mayor Krenzel asked the Councilmembers as to the action to be taken on this Ordinance. Councilman Haussermann moved that the ordinance be approved and the Clerk be authorized to publish same as is required by law. Councilman Jones seconded the motion. YEAS: NAYS: Alai, Jones Meira, Haussermann Gurchensky, Sapata PUBLIC COMMENTS (agenda items only) No comments were made. Councilman Haussermann moved that the public portion be closed. Councilman Gurchensky seconded the motion. So carried. RESOLUTIONS Resolution Nos , , and were read separately into the record. RES: JANUARY 23, 2017 RESOLUTION WHEREAS, the official utility records of the Borough of South River, New Jersey show certain refunds which include electric, water and consumer deposits (CD); and WHEREAS, the Collector of Utility Revenue recommends that the following refunds should be made to the consumer noted herein below listed; and NOW, THEREFORE BE IT AND IT IS HEREBY RESOLVED by the Borough Council of the Borough of South River that the Collector of Utility Revenue is hereby authorized to make the following refunds and adjustments indicated below and any attached list. ACCOUNT # PAYABLE TO: AMOUNT OF CHECK CD JOSE F & YING QIN CHAUCA $ ELEC PREV 166 WHITEHEAD AVE APT 1 $59.84

4 PAGE NO. 4 SOUTH RIVER, NJ ELEC PREV ALFONSO & MARIA DIGIORGI $ OLD BRIDGE TPKE SOUTH RIVER, NJ CD KLEBER & TATIANA FERRARI $ PROSPECT ST SOUTH RIVER, NJ CD LARRY FIQUEREDO $ RANDOLPH AVE APT 1 JERSEY CITY, NJ CD GALAXY AMBULANCE $ HARTLE ST SUITE 501 SAYREVILLE, NJ CD HARRY KOKINOS $ DAILEY ST SOUTH RIVER, NJ CD STANISLAV LEONOV $ ELEC PREV 58 CANAL VIEW DR $21.18 LAWRENCEVILLE, NJ CD JOAO LIMA $ ELEC PREV 11 WHITEHEAD AVE $46.20 SOUTH RIVER, NJ CD MAIARA A LIMA & CAIO C FARIAS $ A WHITEHEAD AVE SOUTH RIVER, NJ ELEC PREV ZBIGNIEW LUPINSKI $ WTR PREV 8 LIBERTY ST $8.69 OLD BRIDGE, NJ CD BEVERLY OSBOURNE & ERIC COGLE $ ELEC PREV 1805 SV 17 TH ST $94.18 CAPE CORAL, FL CD JAMIL, MICHEAL & MARIAM SAWAQED $ COLIN DR SOUTH RIVER, NJ CD ROSE & GERMISON SOARES $ PULAWSKI AVE SOUTH RIVER, NJ CD ROBERTO SOUZA $ NORTHSIDE AVE 2 ND FL SOUTH RIVER, NJ 08882

5 PAGE NO CD JOHN & CARRIE THOMAS $ WTR PREV 78 MAYBERRY AVE $ MONROE, NJ CD HELDER & SUSANA VIERA $ JEFFRIE AVE SOUTH RIVER, NJ CD LEEDEE & DENISE WAH $ WHITEHEAD AVE APT 1 SOUTH RIVER, NJ DATED: JANUARY 23, 2017 Moved: Seconded: Councilman Haussermann Councilman Gurchensky YEAS: NAYS: Alai, Gurchensky, Jones, Meira, Sapata, Haussermann None RES: JANUARY 23, 2017 RESOLUTION I, John M. Krenzel, Mayor, with the advice and consent of the Council of the Borough of South River, do hereby appoint the following to the position of Probationary Member in the Rescue Squad of the Borough of South River effective as of this date. Priya Bhave BE IT FURTHER RESOLVED that said appointment is subject to the successful completion of: DATED: JANUARY 23, Police background and fingerprint investigation 2. Physical examination 3. Drug/alcohol testing John M. Krenzel, Mayor Moved: Seconded: Councilman Haussermann Councilman Gurchensky YEAS: Alai, Gurchensky, Jones, Meira, Sapata, Haussermann NAYS: None

6 PAGE NO. 6 RES: JANUARY 23, 2017 RESOLUTION I, John M. Krenzel, with the advice and consent of the Council of the Borough of South River, do hereby appoint Andrew J. Gufford as a Member of Engine Company No. 1, South River Fire Department of the Borough of South River effective January 3, DATED: JANUARY 3, 2017 John M. Krenzel, Mayor Moved: Seconded: Councilman Haussermann Councilman Gurchensky YEAS: NAYS: Alai, Gurchensky, Jones, Meira, Sapata, Haussermann None RES: JANUARY 23, 2017 RESOLUTION I, John M. Krenzel, Mayor of the Borough of South River, with the advice and consent of the Council of South River, do hereby appoint the following as Fire Police for Summit Engine Co. for the term of January 1, 2017 to December 31, 2017: Charles Willever DATED: JANUARY 23, 2017 John M. Krenzel, Mayor Moved: Seconded: Councilman Haussermann Councilman Gurchensky YEAS: Alai, Gurchensky, Jones, Meira, Sapata, Haussermann NAYS: None

7 PAGE NO. 7 RES: JANUARY 23, 2017 RESOLUTION WHEREAS, pursuant to the applicable Statutes of the State of New Jersey, the Local School District is required to requisition funds for Operating Expense and Debt Service Expense from the Borough; and WHEREAS, a requisition dated December 20, 2016 has been received from the Local School District for the following amount: CURRENT OPERATING EXPENSE: $1,243, RESTORED FUNDS: DEBT SERVICE EXPENSE: TOTAL $1,243, NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Mayor and Borough Council of the Borough of South River that the Chief Financial Officer is hereby authorized and directed to draw the above stated amount from the proper accounts and pay to the Custodian of the School Monies the amount so drawn pursuant to the applicable Statutes of the State of New Jersey by February 10, DATED: JANUARY 23, 2017 Moved: Seconded: Councilman Haussermann Councilman Gurchensky YEAS: NAYS: Alai, Gurchensky, Jones, Meira, Sapata, Haussermann None RES: JANUARY 23, 2017 RESOLUTION WHEREAS, the Reliable Fire Company of the South River Fire Department has requested permission to conduct a voluntary booting drive at the intersection of Prospect Street and Old Bridge Turnpike on Saturday, April 8, 2017 with a rain date of Sunday, April 9, 2017 and Saturday, October 7, 2017 with a rain date of Sunday, October 8, 2017 from 8:00 a.m. to 2:00 p.m.; and WHEREAS, the Reliable Fire Company of the South River Fire Department does perform fundraising to provide services to the citizens and residents of the Borough of South River; and NOW, THEREFORE, BE IT AND IS HEREBY RESOLVED, by the Mayor and Borough Council of the Borough of South River that the Reliable Fire Company of the South River Fire Department is hereby authorized to conduct a voluntary booting drive at the intersection of Prospect

8 PAGE NO. 8 Street and Old Bridge Turnpike on Saturday, April 8, 2017 with a rain date of Sunday, April 9, 2017 and Saturday, October 7, 2017 with a rain date of Sunday, October 8, 2017 from 8:00 a.m. to 2:00 p.m.; and BE IT FURTHER RESOLVED that permission is granted to conduct a voluntary booting drive at the intersection of Prospect Street and Old Bridge Turnpike on the aforesaid dates subject to the following: 1. That the individuals conducting the booting shall wear a reflective safety vest while booting. 2. That there will be no interference with the flow of traffic on the roadway. 3. All fundraising shall be conducted by individuals having attained at least the age of eighteen (18) years. DATED: JANUARY 23, 2017 Moved: Seconded: Councilman Haussermann Councilman Gurchensky YEAS: NAYS: Alai, Gurchensky, Jones, Meira, Sapata, Haussermann None RES: JANUARY 23, 2017 RESOLUTION WHEREAS, Officer Alfonso Saucedo is an employee the Borough of South River Police Department; and WHEREAS, Officer Alfonso Saucedo has had disciplinary charges preferred against him by the Chief of Police; and WHEREAS, Officer Alfonso Saucedo has requested a local hearing on the charges preferred, in accordance with N.J.S.A. 40A:14-147; and WHEREAS, the Chief of Police has recommended the appointment of an independent hearing officer to preside over Officer Alfonso Saucedo hearing; and WHEREAS, the Chief of Police has requested that the Council appoint Raymond Hayducka as hearing officer, who requests a rate of $ per hour to serve in such a role; and WHEREAS, the Borough has considered the recommendation of the Chief of Police given the gravity of the charges, and the hourly rate, and deems it in the best interests of the Borough, the Police Department and the public that an independent hearing officer is hired to hear the charges.

9 PAGE NO. 9 NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Borough of South River hereby accepts the recommendation of the Chief of Police and appoints Raymond Hayducka as hearing officer to preside over the Officer Alfonso Saucedo disciplinary hearing in accordance with N.J.S.A. 40A:14-147, et seq., who shall be compensated at the rate of $ per hour for all time spent serving as hearing officer in the Officer Alfonso Saucedo disciplinary matter, and who shall make a recommendation at the conclusion of the hearing as to whether the charges are sustained and what penalty, if any, should be imposed by the Council. This resolution is effective immediately. DATED: JANUARY 23, 2017 Moved: Seconded: Councilman Haussermann Councilman Gurchensky YEAS: NAYS: Alai, Gurchensky, Jones, Meira, Sapata, Haussermann None Res was read separately into the record. RES: JANUARY 23, 2017 RESOLUTION AUTHORIZING THE AWARD OF CONTRACT FOR WEBMASTER WHEREAS, the Borough of South River has determined it necessary to solicit proposal of qualifications for professional services of web page development, storage and maintenance under a Fair and Open Process pursuant to the provisions of N.J.S.A. 19: et seq.; and WHEREAS, the Borough of South River has determined and certified that the value of the services to be rendered is anticipated to exceed $17,500.00; and WHEREAS, the anticipated term of said contract is for a period of one year and shall run from January 1, 2017 through December 31, 2017; and WHEREAS, the Borough of South River has provided the necessary Public Notice for the solicitation of qualifications for professional services under the Fair and Open Process for a minimum period of ten (10) days; and WHEREAS, the sealed qualifications, due on November 30, 2016, were submitted to the Borough Administrator of the Borough of South River, 48 Washington Street, South River, New Jersey; and

10 PAGE NO. 10 WHEREAS, the firm of City Connections has submitted a proposal for Professional Services for web page development, storage and maintenance. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Mayor and Borough Council of the Borough of South River that the Mayor and appropriate Borough Officials are hereby authorized to enter into a contract with the firm of City Connections for the services of web page development, storage and maintenance in the Borough of South River for the calendar year 2017 pursuant to the Fair and Open Process which has been implemented under the New Jersey Local Unit Pay-to-Play Law under P.L. 2004, Chapter 19 (as amended by P.L. 2005, c.51) N.J.S.A. 19:44A-20.4 et seq. DATED: JANUARY 23, 2017 Moved: Seconded: Councilman Haussermann Councilman Sapata Discussion Councilman Haussermann advised he would vote no on this resolution. Bigger Fish s fee proposal is to re-do website. He recommended that Bigger Fish be appointed as webmaster, Council will wait thirty days to appoint. Councilman Sapata stated that Bigger Fish has no municipal experience, compared fees of Bigger Fish and City Connections, Bigger Fish will advertise on website. He stated he will vote for City Connections. Councilman Jones said he thought website could be better, Bigger Fish has a lot of experience, will vote no on City Connections. Councilwoman Meira stated that website is not smart phone friendly, website needs facelift, going with a new company is a better option. Councilman Haussermann stated website needs to be updated. Councilman Sapata stated you are paying more money for three hours of service. YEAS: NAYS: Gurchensky, Sapata, Alai, Jones, Meira, Haussermann Res was read separately into the record. RES: JANUARY 23, 2017 RESOLUTION WHEREAS, the State of New Jersey Division of Local Government Services requires an annual resolution by Municipalities that raise school taxes on a school year basis and have a deferred portion of that levy at the beginning and end of a calendar year; and WHEREAS, in a municipality whose deferred school taxes increase from year to year, that municipality is to set forth the reasons and facts for the increase; and

11 PAGE NO. 11 WHEREAS, the deferred school taxes for the Borough of South River Board of Education have increased from January 1, 2016 to December 31, 2016 by $500, NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of South River in the County of Middlesex that the reasons for this increase is that the levy for school years July 1, 2008 to June 30, 2009 to July 1, 2016 to June 30, 2017 has increased by $1,051, BE IT FURTHER RESOLVED that the increase in the deferred school tax amount from January 1, 2016 to December 31, 2016 in the amount of $500, is beneficial to the financial position of the Borough for BE IT FURTHER RESOLVED that a certified copy of this resolution is to be forwarded to the Director of the Division of Local Government Services, Borough Auditor, and the Chief Financial Officer. BE IT FURTHER RESOLVED that a certified copy of this resolution is to be sent to the Chief Financial Officer who is authorized to make the appropriate accounting entries. DATED: JANUARY 23, 2017 Moved: Seconded: Councilman Haussermann Councilman Alai Discussion Councilman Haussermann stated he will vote yes on this resolution because it is recommended by the Chief Financial Officer as being beneficial to the borough. Councilman Sapata stated he did not think this was sound economic policy and will vote no. Councilman Jones asked Mr. Carr for clarification on the resolution. Mr. Carr responded. Councilwoman Meira asked if reason for resolution was because of revaluation. Mayor said yes. YEAS: NAYS: Alai, Jones, Meira, Haussermann Gurchensky, Sapata Res was read separately into the record. RES: JANUARY 23, 2017 RESOLUTION WHEREAS, Oliver O. Colon has submitted an application for a Mercantile License for a business known as 5 Star Barbershop LLC to be located at 60 Ferry Street in the Borough of South River; and

12 PAGE NO. 12 WHEREAS, the nature of the business is barber shop; and WHEREAS, the Mercantile License application was distributed to the appropriate agencies as provided by Code of the Borough of South River; and WHEREAS, recommendations for approval have been submitted by all departments investigating same. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Mayor and Borough Council of the Borough of South River that the Mercantile License Application submitted by Oliver O. Colon, for a business known as 5 Star Barbershop LLC, to be located at 60 Ferry Street in the Borough of South River, New Jersey is hereby approved. DATED: JANUARY 23, 2017 Moved: Seconded: Councilman Haussermann Councilwoman Meira Councilman Haussermann questioned review of number of parking spaces on mercantile application. YEAS: NAYS: Alai, Gurchensky, Jones, Meira, Sapata, Haussermann None Res was read separately into the record. RES: JANUARY 23, 2017 RESOLUTION BE IT AND IT IS HEREBY RESOLVED by the Mayor and Council of the Borough of South River that the Borough Administrator is hereby authorized to advertise for the position of Part Time Meter Reader in the Water Department of the Borough of South River. DATED: JANUARY 23, 2017 Moved: Seconded: Councilman Haussermann Councilman Jones Councilman Haussermann recommended that Council review matter before hiring someone. YEAS: Gurchensky, Sapata, NAYS: Alai, Jones, Meira, Haussermann

13 PAGE NO. 13 RES: JANUARY 23, 2017 RESOLUTION BE IT AND IT IS HEREBY RESOLVED by the Mayor and Council of the Borough of South River, in the County of Middlesex and the State of New Jersey that all bills, claims and statements against the Borough, in the total amount of $974, and previously paid claims in the amount of $2,416,694.86, listing attached, have been duly itemized, audited, approved and signed by the proper officers of the Borough, be and the same are hereby ordered paid. DATED: JANUARY 23, 2017 Moved: Seconded: Councilman Haussermann Councilman Gurchensky YEAS: Alai, Gurchensky, Jones, Meira, Sapata, Haussermann NAYS: None

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29 PAGE NO. 29 PUBLIC COMMENTS-(good and welfare of Borough) Joseph Grekoski, Retired Police Officer Commented on his concerns regarding health benefits with the change in health insurance; did not feel borough was honoring separation agreement. Mayor Krenzel asked Mr. Carr to contact Labor Counsel and have Counsel send Mr. Grekoski a letter regarding this issue. Karen Smith and Donna, daughter, U.S. Army veteran Expressed concern about the homeless people in South River; asked Council to consider putting a shelter in place No further comments were made. Councilman Haussermann moved that the public portion be closed. Councilman Gurchensky seconded the motion. So carried. COUNCIL COMMENTS Councilwoman Meira Attended Planning Board meeting Library Board of Trustees meeting tomorrow, encouraged residents to use library, great programs, check out website South Rive Girl Scouts are selling cookies 2/5 - American Legion Super Bowl breakfast Support local businesses Stay warm 1/17 Planning Board meeting 1/24 Library Board of Trustees Councilman Sapata Be safe tonight; watch flooded roads Attended South River Foundation for Educational Excellence annual dinner fundraiser at Ria Mar; support school district Councilman Gurchensky Thanked Public Safety team and DPW 1/25 Mayor s Advisory Council for Persons with Disabilities 7:00 p.m. 1/31 Cultural Arts and Heritage Commission meeting Stay safe tonight Councilman Alai 1/26 Board of Education meeting; encouraged residents to attend 2/5 American Legion Super Bowl breakfast Discussed earlier to ease electric rates for veterans organizations Asked if the County video on fire safety preparedness can be put on borough website Stay dry

30 PAGE NO. 30 Councilman Jones 2/26 Lions Club annual breakfast In New York City this weekend, visited Statue of Liberty and Ellis Island, encouraged people to visit Introduced resolution for Sustainable New Jersey, a nonprofit organization that provides municipalities resources; will be on 2/13 agenda Councilman Haussermann Finance and Administration Committee will meet with Mr. Carr and Mr. Zanga Budget Committee budget will be difficult this year; firehouse is a big expense, deferring school taxes; looking at shared services for Fire Prevention, will research with Borough Attorney, Mr. Carr and Mr. Zanga will review financial impact Appeals Board in Code Book; should be put in place; will put on next agenda Hopes Council can work together, not get criticized Homeless issue will be discussed at Board of Health meeting Mayor Krenzel Healthy discussion good Attended South River Foundation for Educational Excellence annual dinner fundraiser, support school system 2/5 American Legion Super Bowl breakfast 2/18 VFW Comedy Night Come out and support organizations Revaluation tax maps are almost complete; will be sent to Division of Taxation for approval 2/13 next Council meeting Adjournment Councilman Haussermann moved that this meeting be adjourned at 10:00 p.m. Councilman Jones seconded the motion. So carried. Respectfully submitted on February 24, 2017 Approved at the regular meeting held on February 27, 2017 Patricia O Connor, RMC Borough Clerk