BOROUGH OF METUCHEN COUNCIL MINUTES September 21, :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 Vahalla. Adequate Notice of this meeting has been given in accordance with the Open Public Meetings Act, pursuant to Public Law 1975, Chapter 231. Said notice was sent to the Home News Tribune and Star Ledger on January 8, 2015, posted in Borough Hall and filed with the Borough Clerk. All Requirements of the Open Public Meeting Act have been satisfied. The Invocation was given by Councilwoman Rasmussen and followed by the Pledge of Allegiance. Present were Councilmembers Inserro, Leibfried, Muldoon, Rasmussen, Wallace, Council President Grayzel and Mayor Vahalla. Also present were Jennifer Maier, Borough Administrator, Denis Murphy, Esq. and Susan Jackson, Borough Clerk. Agenda Session Council President Grayzel made a motion to open the Agenda Session, second by Councilwoman Rasmussen, with all in favor, motion carries, 6-0. Council President Grayzel noted that Resolution be pulled from tonight s agenda. All are in favor. Councilwoman Rasmussen asked for an update on the Noise Ordinance. Mr. Murphy is still in the process of updating it but will have a report with a draft at the next meeting. With no further actions Mayor Vahalla asked for a motion to close the agenda session. Council President Grayzel made a motion to close the Agenda Session, second by Councilwoman Rasmussen, with all in favor, motion carries, 6-0. Council Minute Approval Council President Grayzel made a motion to reapprove the Regular Borough Council minutes of January 20, 2015 and July 20, 2015, second by Councilman Leibfried, with all in favor of the January 20, 2015 and with Councilwoman Rasmussen abstaining from the July 20, 2015 minutes. Minutes were approved, January 20, and July 20, , with 1 abstention. Chief of Police Presentation Police Personnel Mayor Vahalla asked Chief Irizarry to please come forward and give his presentation.

2 Chief Irizarry gave a power point presentation on Metuchen Police Department s manpower distribution with 28 officers, the current manpower with 26 officers, how the squads are allowed to take time off, the contractual obligations, the number of officers that are currently out due to Family Medical Leave Act and Workmen s Compensation, the yearly events that the Police must assistant with, yearly training, the number of officers the department has had in the past, DCA s recommendation for the number of officers, overtime, past practices, Traffic Officer duties, Street Smart Program, Calls for service over the years, the population of Metuchen and the expected growth, what it would mean to have the 28 th officer on the Department roster, daily patrol duties, student education such as D.A.R.E. and funding for the 28 th officer. Mayor Vahalla asked if any Councilmember have any questions for Chief Irizarry. There was a discussion and questions with the Councilmembers and Chief Irizarry. Council President Grayzel spoke on the enhanced concerns with traffic and pedestrian safety enforcement. He asked Chief Irizarry if the Police are willing to make a commitment to traffic and pedestrian safety if the 28 th officer is hired. Chief Irizarry is willing to make the commitment. Councilman Muldoon thanked Chief Irizarry and the presentation he gave. He asked what will be the challenges and new demands that the force has to deal with. Chief Irizarry stated that it is everything in this day and age. Councilman Leibfried asked about the officers training and initiatives. Chief Irizarry stated that the State mandates training and initiatives and it is top notch training. Mayor Vahalla thanked Chief Irizarry for a very thorough report. Mayor Vahalla feels it is very important the Police Department have and maintain 28 Police Officers. He hopes that the Council will also commit to the 28 th officer at the next meeting because of the time it takes to hire and train a new officer. Council President Grayzel also thanked Chief Irizarry for his presentation. He would like the Council to take the time to come to a decision on this matter before the next Council meeting, Mayor Vahalla thanked all the officers that came out tonight for the presentation. Public Comment Mayor Vahalla opened Public Comment to any members of the public wishing to speak. Daniel Lebar, 581 Middlesex Avenue, Metuchen, discussed some concerns that he had spoken on at prior meetings; he wanted to offer a solution to the clutter on street/light poles. One option would be to install bulletin boards at the bus depots and train station. He also spoke on the hand-me down aspect of the vehicles. He questioned if the Auxiliary is the only division of the Borough to receive used vehicles. Mayor Vahalla stated that the Auxiliary Police uses old Police vehicles that are available to them and the surplus vehicles are auctioned off. The third item is the Redevelopment Plans and wants to know if this will be discussed at a public hearing. Mayor Vahalla gave the process that is needed with redevelopment plans. Mr. Lebar also would like to see a Complete Street Sidewalks policy along with Complete Streets. Page 2 of 26

3 He addressed the idea of having the Metuchen High School working with MEtv and being able to utilize any down time of the Emergency Management station during the day. He also would like to endorse the hiring of the 28 th officer. Mayor Vahalla is asking Ms. Maier to look into the idea of bulletin boards for the bus stations but thinks that they would require approval from NJDOT because the stations are owned by the State. He also suggested that Mr. Lebar speak with the Board of Education because the Borough cannot mandate them to have a radio station. Josh Isler, 85 Rector Street, Metuchen has an on-going issue with bamboo that has grown rampant from his neighbor s yard. He has brought this issue to the zoning board and they did remediate as much as possible but he wants clarification on Ordinance Chapter dealing with natural growth, brush, weeds, ragweed, stumps and roots. The problem with the bamboo is that the root system still continues to grow. Ms. Maier asked that Mr. Isler gives his information to her and she will do some research and get in contact with him. Walter Zjawin, 218 Center Street, Metuchen would like to commend the Police Force since moving into the Borough in 1974 and would like to endorse the hiring of additional Police personnel. Jessica Weiss, 104 Rutger Street, Metuchen is in support of hiring the additional police officers for pedestrian safety enforcement. As part of the Stroller Mom group, there is a great need for pedestrian safety because drivers aren t always aware of pedestrians crossing the streets. With the opening of Whole Foods there will be another level for pedestrian safety. Joseph, 239 Amboy Avenue, Metuchen is in support of hiring another police officer, not only for the safety of the public but also for the safety of the Police Officers. Nadiah Cheatham, 109 Main Street, Metuchen is in support of hiring another police officer. They will be much more effective with an additional police officer and wouldn t mind hiring more than 28 because there is a need for more officers in Metuchen. Angela Sielski, 180 Norris, Metuchen also supports hiring another officer. There is a flashing speed radar sign on Durham Avenue which is very effective in slowing the traffic down. She would like Ms. Maier s help in doing research to see more speed radar signs installed around the Borough, in particular near the schools. She would like to know who had installed the radar signs and if they are cost effective. Mayor Vahalla noted that those radars were purchased by the Borough. If it something that is cost effective and if the community is willing to help fund the signs, she is willing to lead the effort to get these signs purchased and installed. Mayor Vahalla asked that the Chief Irizarry and Ms. Maier to look for any potential grants that are available for these radars and signs. She addressed the issue of the crosswalk lights that are in need of repair at Liberty and Midland since last year. Ms. Maier responded that this is the Borough s first major DOT grant and there are very stringent requirements when you start to move the grants forward. One of the requirements is a hundred page document telling the DOT how the internal finances are handled, how bids are handled, how grant implementation is handled financially. That document has been prepared and sent to DOT and met with them. Ms. Maier has called numerous times and sent numerous s to the person in charge. Unfortunately, DOT doesn t have a time limit where they are required to approve documents. There was a discussion with the Councilmembers to get this issue dealt with quickly. Mayor explained the reason Page 3 of 26

4 that we must apply and do it correctly. He is going to reach out to the Senator and Assembly members to see if they can get help with speeding up the process. Tyreen Reuter, 16 Durham Avenue, Metuchen is coming before the Council on behalf of the Traffic & Transportation Committee to lend their support for hiring the additional police officer. She did some research and found out that in 1980, with the same population as today, there were 34 officers. Suzanne Andrews, 241 E. Chestnut Avenue, Metuchen is in support in hiring officer. Jason Delia, 51 Talmadge Avenue, Metuchen is in support in hiring another officer. He pointed out that with the new construction; there will be an influx of new residents that will be walking to the train station and around town along with all the residents that are currently doing this. Seeing no one else wishing to speak, Mayor Vahalla closed the Public Comment. Communications Consent Agenda Items A D Council President Grayzel made a motion to move Communication Consent Agenda, Items A through D, second by Council, with all in favor, motion carries, 6-0 A. Receive and Accept Parking Authority Meeting Minutes July 21, 2015 B. Receive and Accept Parking Authority Income Statement, Expense Report and Chart of Accounts Report C. Receive and Accept Planning Board Meeting Minutes of April 16, 2015 D. Receive and Accept Arts Council Meeting Minutes of July 27, 2015 Reports of Councilmembers Mayor Vahalla opened Reports of Councilmembers. Council President Grayzel Accessibility Committee - The Accessibility Chair, Sheri Rose-Rubin and Council President Grayzel met with Ms. Maier, Chief Irizarry and Traffic Officer Bauer and provided a tentative plan for handicap parking for Metuchen events, starting with the Metuchen Fair. The exact location is being finalized but there will be six spots reserved in the lot behind Metuchen Saving s Bank for the fair. This system will be available at the fair and will continue all major events in town. Councilwoman Inserro Municipal Alliance - The next meeting is starting to revisit their bylaws which are required every year as a condition of the grant. The next meeting is on October 8 th and they will be deciding on the focus of the next grant cycle in terms to what Substance Abuse focus they want to target. Senior Citizen Commission Page 4 of 26

5 - The Senior Citizen Emergency Preparedness session has been rescheduled to Friday, September 25, That is sponsored by Bright Star Home Health Care and Boyd Drugs is continuing to provide Flu and Pneumonia shots. They will be at the Senior Center on October 6. Seniors need to bring their Medicare card. Councilman Leibfried Library Board - Councilman Leibfried was unable to attend the Library Board meeting last week. Pool Commission - Their meeting is tonight. He will have a full report at the next Council meeting. Councilman Muldoon Parking Authority - Parking Authority met last week. Councilman Muldoon gave an update on the construction of the parking deck. - October 1, 2015 Woodmont Properties will be having a ground breaking at 11:30 am at the Pearl Street lot. - Information has been posted on the website for updates of the parking deck. Please check it out and be aware of the construction as it moves forward. - Mayor Vahalla stated that the improvements will be long term but we will have to bear through some of the inconveniences of the construction. Councilwoman Rasmussen Chamber of Commerce - Councilwoman Rasmussen met with the Chamber of Commerce and the upcoming events are as follows: October 3 is the Country Fair; Halloween Parade on October 25 at 2:00pm with the location to be announced; the Annual Winter Parade on October 29 at 2:00. Shade Tree Commission - Met and discussing the upcoming fall planting and will be honoring home owners request for trees. Councilman Wallace - He wants to remind everyone that the public meeting for the Grove Street speed reduction will be held October 14 at 7:00pm at Metuchen High School. Reports of Officers Denis Murphy, Esq. - No report at this time. Jennifer Maier, Administrator Page 5 of 26

6 - Ms. Maier spoke about a rumor about hiring ex-convicts. She stated that this is untrue. She explained the CWEP program that she has been looking into with Middlesex County Work Force but would never move forward without the consent of the Council. - The Borough Engineer is working on the open space inventory - The Fire House Task Force meeting is on September 30, The structural issues will be included in the Task Force report. - She thanked Fire Chief Rob Donnan for doing a great job with the 9/11 Memorial Service. - The State came in and updated our Right to Know files. - The Engineer from the State came out and looked Route 27 and Amboy which was a subject of discussion at a prior meeting. The Engineer came back with a report stating that it meets all the requirements but was passing it all on to a supervisor. The Borough is waiting for the final report. - The Borough Engineer is working on coordinating the efforts of the precast delivery and the installation of the water main on New Street. - Chris Cosenza is working on a form for the vacant/abandoned property ordinance. - Department of Public Works has built the wall at the train station. - Ms. Maier thanked Chief Irizarry for his report. Councilman Leibfried want it noted that he never heard any information about CWEP (Community Work Employment Development) before tonight s meeting and that it was never discussed with the Council. Ms. Maier stated that she did state at the September 8 th meeting that she met with the Middlesex County Work Force about the different programs available to us and would be doing more investigations into the programs. She wanted to make sure that there weren t going to be any union issues first before coming to the Council with more information. After a discussion with the Councilmembers, Mayor Vahalla asked that it be put on the next agenda for discussion about the programs. There will be no action taken until the Council gets all the details. Report of Mayor - Saturday, October 3, 2015 is the Country Fair - Wednesday, October 1, 2015 is the Ground Breaking at 11:30am for the Woodmont Property. - The American Legion will be opening in their new location. Mayor Vahalla questioned the transfer of the Alcohol License. The transfer application has been sent to ABC as of Friday and as soon as they receive it, they will input the information. The resolution for place-to-place transfer is on the October 5 th agenda for Council approval. It will not prohibit American Legion from serving alcohol in the new location. - Mayor Vahalla asked if the Council would consider voting to give Chief Irizarry the authority to start looking for the 27 th and 28 th officer. With consideration of the time it takes to hire and train another officer there is no reason not to move forward at this time. He asked what the pleasure of the Council is? Council President Grayzel would like time for the public to absorb the information and time for the Council to consider the request. The Chief has the authorization to proceed with the 27 th officer and Council President Grayzel feels that the Council should be prepared to address the 28 th officer at the next meeting. All Councilmembers agree. New Business Resolutions R through R Council President Grayzel moved New Business Consent Agenda Resolutions R through R for approval, seconded by Councilwoman Rasmussen, with all in favor, motion carries, 6-0. Page 6 of 26

7 RESOLUTION County of Metuchen RESOLUTION AUTHORIZING AN AGREEMENT FOR CONSULTANT SERVICES FOR AN AREA IN NEED OF REDEVELOPMENT INVESTIGATION 212 DURHAM AVENUE (GULTON TRACT) LRK, INC. WHEREAS, there exists the need for specialized consultant services for Area in Need of Redevelopment Investigation for 212 Durham Avenue (Gulton Tract) of the during 2015; 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 consultant service be awarded to LRK, Inc of Princeton, New Jersey; and WHEREAS, it is the desire of Borough Council to appoint LRK, Inc of Princeton, New Jersey as the specialized consultant services for Area in Need of Redevelopment Investigation for 212 Durham Avenue (Gulton Tract) effective August 14, 2015; and WHEREAS, the cost for the proposed services shall not exceed $9, without further approval by the Borough Council; and WHEREAS, funds for this purpose will be made available in the 2015 budget; and WHEREAS, the anticipated term of this contract is for the balance of 2015, and it may only be renewed upon further action of the 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. NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED, by the Borough Council of the that the Mayor is authorized to execute and the Borough Clerk to attest an agreement between the and LRK, Inc., 182 Nassau Street, Suite 302, Princeton, New Jersey, for specialized consultant services for the year RESOLUTION County of Metuchen RESOLUTION AUTHORIZING AN AGREEMENT FOR SPECIALIZED CONSULTANT SERVICES FOR AN AREA IN NEED OF REDEVELOPMENT INVESTIGATION 700 MIDDLESEX AVENUE (OAKITE SITE) LRK, INC. Page 7 of 26

8 WHEREAS, there exists the need for specialized consultant services for Area in Need of Redevelopment Investigation for 700 Middlesex Avenue (Oakite Site) of the during 2015; 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 consultant service be awarded to LRK, Inc of Princeton, New Jersey; and WHEREAS, it is the desire of Borough Council to appoint LRK, Inc of Princeton, New Jersey as the specialized consultant services for Area in Need of Redevelopment Investigation for 700 Middlesex Avenue (Oakite Site) effective August 14, 2015; and WHEREAS, the cost for the proposed services shall not exceed $10, without further approval by the Borough Council; and WHEREAS, funds for this purpose will be made available in the 2015 budget; and WHEREAS, the anticipated term of this contract is for the balance of 2015, and it may only be renewed upon further action of the 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. NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED, by the Borough Council of the that the Mayor is authorized to execute and the Borough Clerk to attest an agreement between the and LRK, Inc., 182 Nassau Street, Suite 302, Princeton, New Jersey, for specialized consultant services for the year RESOLUTION County of Metuchen RESOLUTION AUTHORIZING AN AGREEMENT FOR CONSULTANT SERVICES FOR AN AREA IN NEED OF REDEVELOPMENT INVESTIGATION 503 MIDDLESEX AVENUE (METUCHEN FIREHOUSE) LRK, INC. WHEREAS, there exists the need for specialized consultant services for Area in Need of Redevelopment Investigation for 503 Middlesex Avenue (Metuchen Firehouse) of the Borough of Metuchen during 2015; 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 consultant service be awarded to LRK, Inc of Princeton, New Jersey; and WHEREAS, it is the desire of Borough Council to appoint LRK, Inc of Princeton, New Jersey as the specialized consultant services for Area in Need of Redevelopment Investigation for 503 Middlesex Avenue (Metuchen Firehouse) effective August 14, 2015; and Page 8 of 26

9 WHEREAS, the cost for the proposed services shall not exceed $7, without further approval by the Borough Council; and WHEREAS, funds for this purpose will be made available in the 2015 budget; and WHEREAS, the anticipated term of this contract is for the balance of 2015, and it may only be renewed upon further action of the 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. NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED, by the Borough Council of the that the Mayor is authorized to execute and the Borough Clerk to attest an agreement between the and LRK, Inc., 182 Nassau Street, Suite 302, Princeton, New Jersey, for specialized consultant services for the year RESOLUTION County of Metuchen RESOLUTION AUTHORIZING AN AGREEMENT FOR CONSULTANT SERVICES FOR LRK, INC FOR DEVELOPMENT OF A REDEVELOPMENT PLAN DURHAM AVENUE (GULTON TRACT) WHEREAS, there exists the need for consultant services for development of a Redevelopment Plan for 212 Durham Avenue (Gulton Tract) of the during 2015; 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 consultant service be awarded to LRK, Inc of Princeton, New Jersey; and WHEREAS, it is the desire of Borough Council to appoint LRK, Inc of Princeton, New Jersey as the consultant service for development of a Redevelopment Plan for 212 Durham Avenue (Gulton Tract) effective August 14, 2015; and WHEREAS, the cost for the proposed services is a fixed fee of $25,000 for developing a Redevelopment Plan and a fee of $10,000 for attendance at all meetings, materials and cost for preparing and printing exhibits and reports and shall not exceed a total of $35,000 without further approval by the Borough Council; and WHEREAS, funds for this purpose will be made available in the 2015 budget; and WHEREAS, the anticipated term of this contract is for the balance of 2015, and it may only be renewed upon further action of the Borough Council; and Page 9 of 26

10 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. NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED, by the Borough Council of the that the Mayor is authorized to execute and the Borough Clerk to attest an agreement between the and LRK, Inc., 182 Nassau Street, Suite 302, Princeton, New Jersey, for specialized consultant services for the year RESOLUTION County of Metuchen RESOLUTION AUTHORIZING AN AGREEMENT FOR CONSULTANT SERVICES WITH LRK, INC FOR DEVELOPMENT OF A REDEVELOPMENT PLAN 700 MIDDLESEX AVENUE (OAKITE SITE) WHEREAS, there exists the need for specialized consultant services for development of a Redevelopment Plan for 700 Middlesex Avenue (Oakite Site) of the during 2015; 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 consultant service be awarded to LRK, Inc of Princeton, New Jersey; and WHEREAS, it is the desire of Borough Council to appoint LRK, Inc of Princeton, New Jersey as the consultant services for development of a Redevelopment Plan for 700 Middlesex Avenue (Oakite Site) effective August 14, 2015; and WHEREAS, the cost for the proposed services is a fixed fee of $25,000 for developing a Redevelopment Plan and a fee of $10,000 for attendance at all meetings, materials and cost for preparing and printing exhibits and reports and shall not exceed a total of $35,000 without further approval by the Borough Council; and WHEREAS, funds for this purpose will be made available in the 2015 budget; and WHEREAS, the anticipated term of this contract is for the balance of 2015, and it may only be renewed upon further action of the 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. NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED, by the Borough Council of the that the Mayor is authorized to execute and the Borough Clerk to attest an agreement between the and LRK, Inc., 182 Nassau Street, Suite 302, Princeton, New Jersey, for specialized consultant services for the year RESOLUTION Page 10 of 26

11 County of Metuchen RESOLUTION AUTHORIZING AN AGREEMENT FOR CONSULTANT SERVICES WITH LRK, INC FOR DEVELOPMENT OF A REDEVELOPMENT PLAN 503 MIDDLESEX AVENUE (METUCHEN FIREHOUSE) LRK, INC. WHEREAS, there exists the need for specialized consultant services for development of a Redevelopment Plan for 503 Middlesex Avenue (Metuchen Firehouse) of the during 2015; 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 consultant service be awarded to LRK, Inc of Princeton, New Jersey; and WHEREAS, it is the desire of Borough Council to appoint LRK, Inc of Princeton, New Jersey as the consultant services for development of a Redevelopment Plan for 503 Middlesex Avenue (Metuchen Firehouse) effective August 14, 2015; and WHEREAS, the cost for the proposed services is a fixed fee of $7,500 for developing a Redevelopment Plan and a fee not to exceed $2,500 for attendance at all meetings, materials and cost for preparing and printing exhibits and reports and shall not exceed a total of $10,000 without further approval by the Borough Council; and WHEREAS, funds for this purpose will be made available in the 2015 budget; and WHEREAS, the anticipated term of this contract is for the balance of 2015, and it may only be renewed upon further action of the 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. NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED, by the Borough Council of the that the Mayor is authorized to execute and the Borough Clerk to attest an agreement between the and LRK, Inc., 182 Nassau Street, Suite 302, Princeton, New Jersey, for specialized consultant services for the year RESOLUTION RESOLUTION AMENDING RESOLUTION AUTHORIZING REFUND OF OTHER FEES & PERMITS BUILDING PERMIT # VIVINT SOLAR Page 11 of 26

12 WHEREAS, Vivint Solar, 2400 Main Street Extension, Suite 6 & 7, Sayreville, New Jersey made payment on November 24, 2014 in the amount of $ for an Electrical and Building Permit fee for the installation of solar panels to be performed at 138 Christol Street; and WHEREAS, the homeowner no longer wishes to have the work performed; and WHEREAS, the DCA (State) fees of $44.00 are non-refundable; and WHEREAS, pursuant to Ordinance # a 20% plan review fee of $60.00 shall be deducted from the total permit fee to be returned; and NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Metuchen, the Chief Financial Officer is hereby authorized and directed to refund Vivint Solar, 2400 Main Street Extension, Suite 6 & 7, Sayreville, New Jersey 08872, in the amount of $ for an Electrical and Building Permit fee which is minus the 20% for plan review fee that is non-refundable per Ordinance RESOLUTION RESOLUTION AUTHORIZING RELEASE OF PERFORMANCE BOND GUARANTEE FOX AND FOXX DEVELOPMENT LLC BLOCK 51.08, LOT 37 WHEREAS, Fox and Foxx Development LLC., has requested a refund of the performance bond for site improvements on Block 51.08, Lot 37 located at 124 Harvard Avenue, Metuchen; and WHEREAS, the Borough Engineer in a letter dated June 9, 2014 and a memo from the Zoning Officer dated June 11, 2015 has reported that the contract has been completed in an acceptable manner; and WHEREAS, Maser Consulting, P.A. and the Zoning Officer recommended the full release of the Performance Guarantee in the amount of $ (Cash Bond) has been posted on September 17, 2013; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Metuchen that the Chief Financial Officer and Borough Clerk are hereby authorized and directed to release said Performance Bonds in the amount of $ (Cash Bond) as recommended and directed by the Borough Engineer and Zoning Official to Fox and Foxx Development LLC, 940 Amboy Avenue, Edison, NJ upon final approval of the Borough Administrator and Legal Counsel. RESOLUTION RESOLUTION AUTHORIZING RELEASE OF PERFORMANCE BOND GUARANTEE NEW DURHAM HAMPTON BLOCK 69, LOT Page 12 of 26

13 WHEREAS, New Durham Hampton, has requested a refund of the performance bond for site improvements on Block 69, Lot located at 38A Hampton Street, Metuchen; and WHEREAS, the Borough Engineer in a letter dated June 9, 2014 and a memo from the Zoning Officer dated June 8, 2015 has reported that the contract has been completed in an acceptable manner; and WHEREAS, Maser Consulting, P.A. and the Zoning Officer recommended the full release of the Performance Guarantee in the amount of $ (Cash Bond) has been posted on April 26, 2013; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Metuchen that the Chief Financial Officer and Borough Clerk are hereby authorized and directed to release said Performance Bonds in the amount of $ (Cash Bond) as recommended and directed by the Borough Engineer and Zoning Official to New Durham Hampton, 9A Wakefield Drive, Edison, New Jersey upon final approval of the Borough Administrator and Legal Counsel. RESOLUTION RESOLUTION AUTHORIZING RELEASE OF PERFORMANCE BOND GUARANTEE 424 MIDDLESEX AVENUE BLOCK 104, LOT 24 METUCHEN INN WHEREAS, Metuchen Inn, has requested a refund of the performance bond for site improvements on Block 104, Lot 24 located at 424 Middlesex Avenue, Metuchen; and WHEREAS, the Borough Engineer in a letter dated September 23, 2014 and a memo from the Zoning Officer dated March 11, 2015 has reported that the contract has been completed in an acceptable manner; and WHEREAS, Maser Consulting, P.A. and the Zoning Officer recommended the full release of the Performance Guarantee in the amount of $3, (Cash Bond) has been posted on February 8, 2011; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Metuchen that the Chief Financial Officer and Borough Clerk are hereby authorized and directed to release said Performance Bonds in the amount of $3, (Cash Bond) as recommended and directed by the Borough Engineer and Zoning Official to Metuchen Inn, 424 Middlesex Avenue, Metuchen, NJ upon final approval of the Borough Administrator and Legal Counsel. RESOLUTION RESOLUTION AUTHORIZING APPOINTMENT OF OFFICE OF EMERGENCY MANAGEMENT COORDINATOR Page 13 of 26

14 WHEREAS, the Mayor and Borough Council of the has a need to appoint an Emergency Management Coordinator for the for an unexpired term ending December 31, 2015; and BE IT RESOLVED by the Mayor and Borough Council of the that the Robert Donnan be appointed as Office of Emergency Management Coordinator for the Borough of Metuchen, commencing immediately. BE IT FURTHER RESOLVED said appointment shall expire December 31, RESOLUTION RESOLUTION TO REDUCE AND REFUND 2013 AND 2014 TAXES, AND TO REDUCE 2015 TAXES WHEREAS, a successful State Tax Court Appeal judgment was awarded to Block 48.1, Lot 74, 74 Liberty Street for 2013, 2014 and 2015, WHEREAS, the assessed value for this parcel changed for 2013, 2014 and 2015 by a reduction in the assessed value of $25,000, WHEREAS, the reduction in taxes for the above referenced Block and Lot for 2013 is $ 1,347.25, $1, for 2014 and $1, for 2015, NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Metuchen, that the Tax Collector be and is hereby authorized to reduce the 2013, 2014 and 2015 taxes on Block 48.1, Lot 74 in the amount of $4, due to the successful State Tax Court Appeal for the years 2013, 2014 and 2015, including amendments, and refund the resulting tax overpayment in the amount of $2, RESOLUTION RESOLUTION AUTHORIZING REFUND OF PREVIOUSLY CANCELLED TAXES WHEREAS, the following has made an overpayment of taxes that has been previously cancelled by the Borough, WHEREAS, proper documentation has been filed with the Collector of Taxes so that the following amount(s) can be released: Name Block/Lot Address Amount Year Page 14 of 26

15 Steven & Gerda Stetz William & Maria Perez 212/ Myrtle Street 3, Duplicate payment previously cancelled 51.5/ University Ave 1, Duplicate payment previously cancelled 1 st qtr st qtr 2013 NOW, THEREFORE, BE IT RESOLVED, that the above listed property owner or agent be refunded $4, in previously cancelled taxes. RESOLUTION RESOLUTION AUTHORIZING REFUND OF 2015 TAXES WHEREAS, the following has made an overpayment of taxes, Name Block/Lot Address Amount Year Dunford Refrigeration Heating & Air 48.4/2.02 C- 3D 160-3D Liberty Street Duplicate payment 3 rd qtr 2015 NOW, THEREFORE, BE IT RESOLVED, that the above listed property owner or agent be refunded property taxes as described in the amount of $ RESOLUTION RESOLUTION TO CANCEL, AND APPLY 2015 TAXES WHEREAS, a successful County Tax Appeal judgment was awarded to each of the block and lot parcels described below, changing the assessed values for 2015 as follows, and WHEREAS, the reduction in taxes can be applied to the open tax balance due for 2015, and WHEREAS, the reduction in taxes has caused an overpayment of taxes for the parcel identified below, NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Metuchen, that the Tax Collector be and is hereby authorized to reduce the 2015 tax billings on the following properties due to the successful County Tax Appeals including amendments, in the amount of $20,096.80, and apply $5, to new Block 51.04, Lot Page 15 of 26

16 Block/Lot/Qual Address Assessment Reduction Total Tax Reduction Reduction to 2015 Levy 12/ Mason 2, Drive 37.2/5 215 Liberty 59,300 3, , Street 45/ Forrest 50,000 2, , Street 51.10/ Midland 7, Ave 57/21 30 Desser Place 17,800 1, , / Christol 38,700 2, , Street 118/ Main 35,000 1, , Street 204/5 39 Amboy Ave 6, / Central 139,700 7, , Ave 51.04/ Central Ave Applied 5, TOTALS 20, , , RESOLUTION RESOLUTION PROMULGATING PERSONNEL POLICES, GUIDES AND REGULATION GOVERNING BOROUGH PERSONNEL AND THEIR EMPLOYMENT BY THE BOROUGH BE IT RESOLVED, by the Mayor and Council of the that the Resolution Promulgating Personnel Policies, Guides and Regulations Governing Borough Personnel and their Employment by the Borough, adopted February 22, 1972, and as amended from time to time be and the same is hereby amended as follows: ARTICLE 6: COMPENSATION AND PAY PERIODS 1. Paragraph 27 of said resolution shall now read as follows: Pay Periods: Computation of Hourly Rate (a) The Borough normally shall pay its employees on a bi-weekly payroll schedule, that is, once every (2) weeks, or a total of twenty-six (26) times annually. Additional pay cycles may be added for payment of adjustments to pay. An adjusting pay may be added for the purpose of aligning all employees pay to the same pay date for purposes of instituting direct deposit of pay. (b) The hourly rate shall be computed by dividing the weekly pay by the number of hours in the employee s prescribed work week. Page 16 of 26

17 2. Except as hereinbefore set forth, all other provisions of the Personnel Resolution of February 22, 1972, with any amendments, shall continue in full force and effect. 3. This resolution shall take effect October 1, RESOLUTION RESOLUTION AUTHORIZING INDEMNITY AND TRUST AGREEMENT FOR CONTINUED MEMBERSHIP IN THE MIDDLESEX COUNTY MUNICIPAL JOINT INSURANCE FUND WHEREAS, the has participated as a member of the Middlesex County Municipal Joint Insurance Fund (hereafter the "Fund") existing pursuant to Chapter 372, Laws of 1983 (N.J.S.A. 40A:10-36 et. seq.); and is desirous of continuing said membership for a term expiring on December 31, 2018; and WHEREAS, the governing body of the membership in the Fund is in the best interest of the municipality; NOW, THEREFORE, BE IT RESOLVED by the, in the County of Middlesex, and the, as follows: SECTION 1. The hereby agrees to continue as a member of the Fund for a period commencing January 1, 2016, and terminating on December 31, 2018 for the purpose of securing the following types of insurance coverage: a) Workers Compensation and Employer's Liability. b) General Liability Coverage (including Public Official, Police Professional). c) Motor Vehicle and Equipment Liability Coverage. d) Property Damage Coverage (including Building & Contents, Automobile Physical Damage, Contractors Equipment, Boiler & Machinery and Public Employee Blanket Bonds). After the expiration of the said three (3) year period of membership, participation may be canceled or extended in accordance with the By-Laws of the Fund. SECTION 2. For the purposes of contribution of sums into the Fund to be designated for administrative costs and claims, the hereby agrees to obtain the types of coverage from the Fund as are set forth in Section 1 of this Resolution and the Indemnity and Trust Agreement to be signed by it. SECTION 3. The By-Laws of the Middlesex County Municipal Joint Insurance Fund, attached hereto, have been adopted and accepted. Page 17 of 26

18 SECTION 4. The Governing Body is hereby authorized and directed to execute an Indemnity and Trust Agreement signifying continued membership. Other New Business Council President Grayzel made a motion to approve R ; authorizing the Payment of the Bill List in the amount of $3,316,261.70, second by Councilman Leibfried, with all in favor, motion carries, 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 $3,316, I, Rebecca Cuthbert, Chief Financial Officer of the do hereby certify that funds are available for the payment of bills for the. Ordinances Introduction Council President Grayzel moved Ordinance to be introduced and be taken up on first reading, second by Councilwoman Rasmussen, with all in favor, motion carries, 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 and Supplementing Ordinance Establishing Salary Ranges Council President Grayzel moved Ordinance be passed on first reading, be published according to law and a public hearing be set down for October 5, 2015, second by Councilwoman Rasmussen. Mayor Vahalla asked for a roll call vote. COUNCILMEMBER YES NO NV AB COUNCILMEMBER YES NO NV AB LEIBFRIED X MULDOON X GRAYZEL X RASMUSSEN X INSERRO X WALLACE X MOTION GRAYZEL SECOND RASMUSSEN X INDICATES VOTE AB- ABSENT NV- NOT VOTING ORDINANCE Page 18 of 26

19 AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO ESTABLISHING SALARY RANGES. [STATEMENT OF PURPOSE: TO AMEND THE MINIMUM AND MAXIMUM WAGE RANGES FOR CERTAIN BOROUGH EMPLOYEES] BE IT ORDAINED, by the Mayor and Council of the that Ordinance No as amended and supplemented be further amended as follows: 1. Section I, Group I is hereby amended by deleting the existing minimum and maximum ranges and titles and replacing them with the following: A. The hourly range of compensation for the public works positions hereinafter named shall be as follows, all payable in bi-weekly installments except as otherwise provided for: POSITION MINIMUM MAXIMUM Pump Operator $ Maintenance Repairman Master Mechanic Heavy Equipment Operator Head Forestry Assistant Equipment Operator Forestry Assistant Mechanic Assistant Pump Operator Parks Worker Drivers Custodians Laborer The base rate of compensation of each employee as determined by the collective bargaining agreement shall be within the respective hourly rate as set forth in this Ordinance. Additional compensation by way of holiday pay, longevity, overtime, sick days, personal days, insurance benefits and other matter related thereto are fully set forth in the collective bargaining agreement and are hereby incorporated in this ordinance. B. The salary range of compensation of all officers of the police department hereinafter named shall be as follows, all payable in equal bi-weekly installments except as otherwise provided for: Position Minimum Maximum Sergeant 92,691 99,089 Detective 87,537 93,580 Patrolman 41,401 90,713 Additional compensation by way of Corporal assignment, holiday pay, longevity, overtime, sick days, personal days, insurance benefits and other matters related are fully set forth in the collective bargaining agreement and are hereby incorporated in this ordinance. C. The salary range of compensation for the administrative employees hereinafter Page 19 of 26

20 named shall be as follows, all payable in bi-weekly installments except as otherwise provided for: RANGE MINIMUM MAXIMUM 3 $18,000 $38,000 Clerk Typist, Secretary, Deputy Court Administrator, Office Assistant, 4 $19,000 $41,000 Telecommunications Operator 6 $20,000 $45,000 Accounting/Tax Clerk, Library Assistant II 7 $21,000 $51,000 Head Telecommunications Operator, Library Assistant I 8 $26,000 $54,000 Children's Librarian, Adult Services Librarian 9 $33,000 $58,000 Assistant Administrator, Reference Librarian 11 $41,000 $80,000 Library Director 2. Section I, Group II is hereby amended by deleting the existing salary and titles and replacing them with the following: POSITION MINIMUM MAXIMUM PER Video Coordinator $ $ hour Asst. Video Coordinator $ $ hour Bus Drivers $ $ hour Pages and Junior Assistants $ 7.25 $ hour Library Bookkeeper $ $ hour Library Intern/Child Services $ $ hour Young Adult Librarian $ $ hour Part-Time Clerk and Secretaries $ 8.00 $ hour Construction Official $ $ day Plumbing Subcode Official $ $ day Plumbing Inspector $ $ day Electrical Subcode Official $ $ day Electrical Inspector $ $ day Fire Subcode Official $ $ day Fire Inspector $ $ day Bulding Subcode Official $ $ day Building Inspector $ $ day Alternate Subcode Officials $ $ day Alternate Inspectors $ $ day Janitors, Firehouse $ 1,000 $ 4,500 year Fire Official $ 3,000 $ 12,000 year Fire Inspectors $ 3,000 $ 10,000 year Office of Emergency Management Director $ 6,000 $ 9,000 year Registrar $ 3,000 $12,000 year Deputy Registrar $ 1,000 $ 6,000 year School Crossing Guards $ $ hour Municipal Alliance Coordinato r $ 5,000 $ 8,000 year C-3 Sanitary Sewer Collection System Operator $ 6,000 $ 8,000 year 3. Section I, Group III is hereby amended by deleting the existing salary ranges and titles and replacing with Page 20 of 26

21 the following: POSITION MINIMUM MAXIMUM PER Tennis Instructor $9.00 $15.00 hourly Tennis Director $75.00 $85.00 hourly Art Director $50.00 $75.00 hourly Cooking Director $40.00 $50.00 hourly Field Hockey Director $30.00 $40.00 hourly Field Hockey Coach $20.00 $30.00 hourly Field Hockey Referees $10.00 $15.00 per game Drama Director $50.00 $75.00 hourly T-ball/Softball Instructor $15.00 $30.00 hourly Field Hockey Instructors $ 8.00 $20.00 hourly Camp Director $10.45 $20.00 hourly Recreation Specialist $ 7.25 $10.00 hourly Senior Counselor $ 8.25 $ 9.25 hourly Recreation Assistant $ 7.25 $ 8.25 hourly Junior Counselor $ 7.25 $ 8.25 hourly Camp Director $18.00 $25.00 hourly Wrestling Counselor $ 200 $ 300 weekly Sports Program Director $ 600 $ 700 weekly Wrestling Trainer $ 300 $ 350 weekly Soccer Camp Director $ 725 $ 850 weekly Soccer Counselor $ 150 $ 400 weekly Soccer Trainer $ 350 $ 550 weekly Track Camp Director $ 550 $ 800 weekly Track Advisor $ 500 $ 600 weekly Track Specialist $ 300 $ 500 weekly Basketball Director $ 600 $ 750 weekly Umpires $30.00 $ game 4. Section I, Group IV is hereby amended by deleting the existing salary ranges and replacing with the following: POSITION MINIMUM MAXIMUM PER Pool Manager $6,000 $10,500 season Assistant Managers $3,500 $ 8,300 season Aquatics Director $2,000 $ 4,000 season Head Swim Team Coach $2,000 $ 3,500 season Assistant Swim Team Coach $2,000 $ 3,000 season Swim Team Assistant $ 300 $ 1300 season Head Diving Coach $1,000 $ 2,500 season Assistant Diving Coach $1,000 $ 2,000 season Activities Director $1,000 $ 2,000 season Lifeguard $ 6.75 $ 9.00 hour Senior Lifeguard $ 7.75 $ hour Head Lifeguard $ 8.50 $ hour Head Maintenance $ 8.00 $ hour Maintenance $ 5.75 $ 7.50 hour Photo Staff $ 5.15 $ 7.00 hour Page 21 of 26

22 Swim Instructor $ 5.15 $ 7.00 hour Gate/Game Attendants $ 5.15 $ 7.50 hour Head Gate/Game Attendants $ 8.00 $ 8.50 hour 5. Section I, Group V is hereby amended by deleting the existing salary ranges and replacing with the following: RANGE MINIMUM MAXIMUM POSITION 19 $30,000 $52,000 Administrative Secretary 21 $32,000 $63,000 Administrative Officer 25 $43,000 $74,000 Borough Clerk, Court Administrator 29 $48,000 $84,000 Recreation Director, Tax Assessor, Senior Citizen Director 30 $50,000 $90,000 Public Works Supervisor 33 $53,000 $115,000 Lieutenant/DPW Supt. 35 $58,000 $120,000 Police Captain, Chief Financial Officer/Tax Collector, Public Works Director 36 $63,000 $123,000 Borough Engineer 38 $68,000 $130,000 Chief of Police 40 $73,000 $137,000 Borough Administrator 6. Additional compensation by way of holiday pay, longevity, overtime, sick days, personal days, insurance benefits for full time employees not covered in collective bargaining agreements are fully set forth in the Personnel Resolution and amendments thereto previously adopted by the Borough Council and are hereby incorporated in this Ordinance. 7. No officer or employee shall be paid at a base rate which is above the maximum rate for any salary range in any of the aforementioned groups. Unless otherwise provided for all new employees or newly promoted employees shall be paid at the minimum rate of the salary range for the position to which they are hired. However, the Borough Administrator may hire a prospective employee who possesses qualifications that are greater than the minimum qualifications for the position at a rate above the minimum rate, but in no case shall a new employee be hired at a rate which is greater than that of a current employee in the same group. 8. If any portion of this ordinance is in conflict with any portion of a collective bargaining agreement, then the collective bargaining agreement shall take precedence. 9. All ordinances and parts of ordinances inconsistent with the provisions of this Ordinance are hereby repealed. 10. This ordinance shall take effect after its publication according to law and the amendments contained herein shall be retroactive to January 1, Ordinance Council President Grayzel moved Ordinance to be introduced and be taken up on first reading, second by Councilwoman Rasmussen, with all in favor, motion carries, 6-0. Council President Grayzel asked that the Ordinance be read by title only. Page 22 of 26

23 Borough Clerk read the Ordinance by title only Ordinance Bond Ordinance to Cancel Funded Appropriation Balance Heretofore Provided for Various Projects Pursuant to Various Bond Ordinances, to Transfer and Reappropriate Funded Appropriation Balances for Additional Improvements in, by and for the Borough of Metuchen, in the, State of New Jersey, and to Appropriate the Sum Of $310,000 to Pay the Cost Thereof Council President Grayzel moved Ordinance be passed on first reading, be published according to law and a public hearing be set down for October 5, 2015, second by Councilwoman Rasmussen. Mayor Vahalla asked for a roll call vote. COUNCILMEMBER YES NO NV AB COUNCILMEMBER YES NO NV AB LEIBFRIED X MULDOON X GRAYZEL X RASMUSSEN X INSERRO X WALLACE X MOTION GRAYZEL SECOND RASMUSSEN X INDICATES VOTE AB- ABSENT NV- NOT VOTING ORDINANCE BOND ORDINANCE TO CANCEL FUNDED APPROPRIATION BALANCE HERETOFORE PROVIDED FOR VARIOUS PROJECTS PURSUANT TO VARIOUS BOND ORDINANCES, TO TRANSFER AND REAPPROPRIATE FUNDED APPROPRIATION BALANCES FOR ADDITIONAL IMPROVEMENTS IN, BY AND FOR THE BOROUGH OF METUCHEN, IN THE COUNTY OF MIDDLESEX, STATE OF NEW JERSEY, AND TO APPROPRIATE THE SUM OF $310,000 TO PAY THE COST THEREOF BE IT ORDAINED BY THE BOROUGH COUNCIL OF THE BOROUGH OF METUCHEN, IN THE COUNTY OF MIDDLESEX, NEW JERSEY (not less than two-thirds of all the members thereof affirmatively concurring), AS FOLLOWS: Section 1. The following appropriations remaining as balances in the bond ordinances, as amended, referred to below (collectively, the Ordinances ) and heretofore adopted by the, in the (the Borough ) are hereby canceled from the projects referenced below (collectively, the Original Projects ) and reappropriated to the new projects referenced below (collectively, the New Projects ): Page 23 of 26

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