COUNCIL SESSION May 9, 2016 Council President Buchanan opened the Council Meeting at 7:00 PM followed by a short prayer and salute to the flag. STATEMENT OF NOTICE OF PUBLICATION Farbaniec announced that this May 9, 2016 Council Meeting has been advertised and posted in accordance with Open Public Meetings Act Chapter 231, P.L. 1975 by advertising in the Home News Tribune, notifying the Star Ledger and the Sentinel Publishing Co., posting on the bulletin board, and is on file in her office. ROLL CALL: Present: Absent: Others Present: Others Absent: Councilpersons Buchanan, Grillo, Kilpatrick, Lembo, Novak, Rittenhouse None Kennedy O Brien, Daniel E. Frankel, Business Administrator Wayne A. Kronowski, C.F.O./Treasurer Theresa A. Farbaniec, Michael DuPont, Esq., Borough Attorney Jay Cornell, P.E., Borough Engineer None APPROVAL OF PRIOR MINUTES OF THE MAYOR AND COUNCIL: Council President Buchanan moved the following minutes be approved on roll call vote, subject to correction if necessary: April 6, 2016 April 20, 2016 Receipt of Bids Water Department Chemicals Receipt of Bids Chain Link Fence Installation, Repair & Replacement April 21, 2016 Receipt of Bids 2015 Roadway Paving & Reconstruction Phase I Improvements to Quaid Street Motion was seconded by Councilwoman Novak. Roll Call: Voice Vote, all Ayes. PRESENTATION - To Tom Pollando for his dedicated service to the Borough of Sayreville and the Sayreville Athletic Association/Morgan Athletic Association RESOLUTION WHEREAS, Thomas Tom Pollando was born in Brooklyn, NY to Albert and Angelina Pollando on September 25, 1948. He later married Rosemarie Mauriello in 1971 and they had 3 sons; Robert, David and Nickolas who gave them 10 grandchildren; and WHEREAS, Tom has generously volunteered in the Borough of Sayreville for forty-four years. He served as President of the Athletic Association for forty years, ten years with the Morgan Athletic Association and thirty years with the Sayreville Athletic Association. During Tom s tenure as President of the Morgan Athletic Association and Sayreville Athletic Association over twenty thousand Sayreville children have participated in the many programs offered by the organization including Baseball, Softball, Street Hockey, Competitive Cheerleading, Basketball, Buddy Basketball, Buddy Baseball and Mini Batters Baseball. In conjunction with these sports programs the Sayreville Athletic Association annually holds holiday events such as Egg Hunts, Halloween Parades, Toy Drives and Breakfast with Santa; and
WHEREAS, Tom has also been a member of the Borough s Recreation Advisory Board for sixteen years; and WHEREAS, he has also served the community after being elected as Councilman of the Borough of Sayreville in 2002 and served through 2007. He was also chosen and served as Council President during the years 2003, 2004, 2006 and 2007; and NOW THEREFORE BE IT RESOLVED that the governing body of the Borough of Sayreville, do hereby recognize, Tom Pollando for his dedicated service to the Borough of Sayreville, its residents and children. /s/ Daniel Buchanan, Council President /s/ Steven Grillo, Councilman /s/ Victoria Kilpatrick, Councilwoman /s/ Pasquale Lembo, Councilman /s/ Mary J. Novak, Councilwoman /s/ Arthur Rittenhouse, Councilman Tom Pollando said a few words of thanks and acknowledged the volunteerism here is Sayreville. He asked the council to consider finding a way to combine the Parlin Panthers and Leprechauns together as one. Comments made by the and Council congratulating and thanking Tom Pollando for his dedication and time to the children of Sayreville. Tom Pollando introduced Sue Sprague who will be taking his place. NEW BUSINESS: a) Farbaniec reported on having received the Supplemental Debt Statement from Wayne A. Kronowski, CFO as of May 9, 2016. Council President Buchanan made a motion to receive & file. Motion was seconded by Councilman Grillo. Roll Call: Voice Vote, all Ayes. OLD BUSINESS a) Public Hearing on the following Ordinance(s): - None NEW BUSINESS: a) Introduction of the following Ordinance ORDINANCE # 328-16 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER VII OF THE REVISED GENERAL ORDINANCES OF THE TO AMEND SECTION 7-25.4 COMMUTER PARKING (Co. Grillo, Sponsor Public Hearing April 25, 2016) Councilwoman Novak moved the ordinance be approved on first reading, advertised according to law and a public hearing be held on the 23rd day of May, 2016. Motion was seconded by Councilman Buchanan. Ayes. Roll Call: Councilpersons Grillo, Buchanan, Kilpatrick, Lembo, Novak, Rittenhouse, all ORDINANCE #329-16 BOND ORDINANCE PROVIDING FOR THE REPLACEMENT OF THE WATER MAIN IN QUAID STREET FROM WASHINGTON ROAD TO ITS TERMINUS IN THE, NEW JERSEY, APPROPRIATING $400,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $400,000 BONDS OR NOTES OF THE BOROUGH FOR FINANCING PART OF SUCH APPROPRIATION (Admin. & Finance Committee Public Hearing May 23, 2016)
Councilwoman Novak moved the Ordinance be approved on first reading, advertised according to law and a Public Hearing be held on May 23, 2016. Motion seconded by Council President Buchanan. Roll Call: Councilpersons Novak, Buchanan, Grillo, Kilpatrick, Lembo, Rittenhouse, all Ayes. Carried. ORDINANCE #330-16 BOND ORDINANCE PROVIDING FOR A SUPPLEMENTAL APPROPRIATION OF $200,000 FOR THE RENOVATION OF THE FORMER BORDENTOWN AVENUE WATER TREATMENT PLANT IN THE, IN THE COUNTY OF MIDDLESEX, NEW JERSEY, AND AUTHORIZING THE ISSUANCE OF $200,000 BONDS OR NOTES OF THE BOROUGH FOR FINANCING SUCH SUPPLEMENTAL APPROPRIATION (Admin. & Finance Committee Public Hearing May 23, 2016) Councilwoman Novak moved the Ordinance be approved on first reading, advertised according to law and a Public Hearing be held on May 23, 2016. Motion seconded by Council President Buchanan. Roll Call: Councilpersons Novak, Buchanan, Grillo, Kilpatrick, Lembo, Rittenhouse, all Ayes. Carried. ORDINANCE #331-16 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER IV OF THE REVISED GENERAL ORDINANCES OF THE TO AMEND SECTION 4-19 EMPLOYMENT OF OFF-DUTY POLICE OFFICERS (Public Safety Public Hearing May 23, 2016) Councilman Lembo said that the committee, the Chief of Police, the Business Admin. and representatives from the PBA worked out the details but has one question about the pay for off duty assignments was to be $65.00 for July 1 st then to $75.00 on Jan. 1, 2017. Mr. Frankel said that was correct and the wording would be corrected before advertising. All agreed. Councilman Lembo moved the Ordinance be approved on first reading, advertised according to law and a Public Hearing be held on May 23, 2016. Motion seconded by Council President Buchanan. Roll Call: Councilpersons Lembo, Buchanan, Grillo, Kilpatrick, Rittenhouse, all Ayes. Carried. Councilwoman Novak recused herself. EXECUTIVE SESSION 7:21 PM - 10 minutes / Litigation, Personnel Mr. DuPont read the following Resolution into record: RESOLUTION FOR CLOSED SESSION WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231, P.L. 1975 permits the exclusion of the public from a meeting in certain circumstances, and WHEREAS, this public body is of the opinion that such circumstances presently exist; NOW, THEREFORE, BE IT RESOLVED by the and Borough Council of the Borough of Sayreville, County of Middlesex, State of New Jersey, as follows: 1. The public portion of this meeting is hereby adjourned in order that the Governing Body may meet in a closed, private session for approximately 10 minutes to discuss the following matters: Litigation Personnel
2. Following the conclusion of said closed session, the Governing body shall reconvene the open portion of this meeting to consider any other matters which may be properly brought before it at this time. 3. The nature and content of discussion which occurs during closed session shall be made public at the time the need for non-disclosure no longer exists. NOW, THEREFORE BE IT RESOLVED that the public be excluded and this resolution shall take effect immediately. /s/ Daniel Buchanan, Council President APPROVED:, Council President Buchanan moved the Executive Session Resolution be adopted on Roll Call Vote. Motion seconded by Councilwoman Novak. Roll Call: Voice Vote, all Ayes. Carried. Time: 7:21 PM RECONVENE 7:28 PM Councilwoman Kilpatrick made a motion to reconvene. Motion seconded by Council President Buchanan. Roll Call: Councilpersons Buchanan, Grillo, Kilpatrick, Lembo, Novak, Rittenhouse, all Ayes. CONSENT AGENDA/RESOLUTIONS At this time O Brien opened the meeting to the public for questions or comments on the consent agenda items. There were no appearances. Council President Buchanan moved the Public Hearing be closed and the Consent Agenda Resolutions be approved on Roll Call Vote. Motion was seconded by Councilwoman Kilpatrick. Roll Call on Consent Agenda Resolutions: Councilpersons Buchanan, Grillo, Kilpatrick, Lembo, Novak, Rittenhouse, all Ayes except Councilman Lembo and Councilman Rittenhouse voted Nay to Resolution #2016-132 the Budget Resolution. Councilwoman Novak questioned why Councilmen Lembo and Rittenhouse voted no so late in this process. Councilman Lembo said that this was really the only opportunity he had to discuss it and that they only received the budget right before the last meeting started and is concerned about the amount of money being spent on vehicles and that if it is not an emergency lets not approve all of the vehicles. Councilwoman Novak said that there had been many meetings and not much on this budget has been changed. We had the Budget introduction, Budget Meetings and Public Hearing on the Budget and at no time was there any discussion on these issues. Councilman Lembo still expressed his concern on the amount of money being spend on vehicles. Further discussion on the vote.
CONSENT AGENDA/RESOLUTIONS RESOLUTION #2016-124 WHEREAS, all bills submitted to the Borough of Sayreville covering services, work, labor and material furnished the Borough of Sayreville have been duly audited by the appropriate committee; NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that all bills properly verified according to law and properly audited by the appropriate committees be and the same are hereby ordered to be paid by the appropriate Borough officials., /s/daniel Buchanan /s/pasquale Lembo Councilman Councilman /s/steven Grillo /s/mary J. Novak Councilman Councilwoman /s/victoria Kilpatrick Councilwoman /s/arthur Rittenhouse Councilman Bill list of May 9, 2016 in the amount of $7,528,373.09 in a separate Bill List File for 2016 (See Appendix Bill List 2016-A for this date). RESOLUTION #2016-125 WHEREAS, the Tax Collector reports that there are tax accounts in which overpayments exist and numerous attempts have been made to refund said tax overpayments. NOW THEREFORE BE IT AND IT IS HEREBY RESOLVED that the Certified Tax Collector is hereby authorized and directed to cancel the following tax overpayments. Blk/Lot/Qual. Amount 083.16/0022 $1,807.00 163/0007 1,142.00 202.01/0017 21.00 336/0031 2.50 354/0157 1,329.00 TOTAL $ 4,311.40 /s/mary J. Novak, Councilwoman (Admin. & Finance Committee) /s/theresa A. Farbaniec /s/kennedy O Brien RESOLUTION # 2016-126 A RESOLUTION TO AFFIRM THE S CIVIL RIGHTS POLICY WITH RESPECT TO ALL OFFICIALS, APPOINTEES, EMPLOYEES, PROSPECTIVE EMPLOYEES, VOLUNTEERS, INDEPENTDENT CONTRACTORS, AND WITH MUNICIPAL EMPLOYEES, OFFICIALS AND VOLUNTEERS WHEREAS, It is the policy of the Borough of Sayreville to treat the public, employees, prospective employees, appointees, volunteers and contractors in a manner consistent with all applicable civil rights laws and regulations including but not limited to the Federal Civil Rights Act of 1964 as subsequently amended, the New Jersey Law Against Discrimination, the Americans With Disabilities Act and the Conscientious Employee Protection Act; and WHEREAS, the governing body of the Borough of Sayreville has determined the certain procedures need to be established to accomplish this policy; and that: NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Borough of Sayreville Section 1: No official, employee, appointee or volunteer of the Borough of Sayreville by whatever title known, or any entity that is in any way a part of the Borough
of Sayreville shall engage, either directly or indirectly in any act including the failure to act the constitutes discrimination, harassment or a violation of any person s constitutional rights while such official, employee, appointee, volunteer, or entity is engaged in or acting on behalf of the Borough of Sayreville s business or using the facilities or property of the Borough of Sayreville. Section 2: The prohibitions and requirements of this resolution shall extend to any person or entity, including but not limited to any volunteer organization or any inter-local organization, whether structured as a governmental entity or a private entity, that receives authorization or support in any way from the Borough of Sayreville to provide services that otherwise could be performed by the Borough of Sayreville. Section 3: Discrimination, harassment and civil rights shall be defined for purposes of this resolution using the latest definitions contained in the applicable Federal and State laws concerning discrimination, harassment and civil rights. Section 4: The Business Administrator shall establish written procedures for any person to report alleged discrimination, harassment and violations of civil rights prohibited by this resolution. Such procedures shall include alternate ways to report a complaint so that the person making the complaint need not communicate with the alleged violator in the event the alleged violator would be the normal contact for such complaints. Section 5: No person shall retaliate against any person who reports any alleged discrimination, harassment or violation of civil rights, provided however, that any person who reports alleged violations in bad faith shall be subject to appropriate discipline. Section 6: The Business Administrator shall establish written procedures that require all officials, employees, appointees and volunteers of the Borough of Sayreville as well as all other entities subject to this resolution to periodically complete training concerning their duties, responsibilities and rights pursuant to this resolution. Section 7: The Business Administrator shall establish a system to monitor compliance and shall report at least annually to the governing body the results of the monitoring. Section 8: At least annually, the Business Administrator shall cause a summary of this resolution and the procedures established pursuant to this resolution to be communicated within the Borough of Sayreville. This communication shall include a statement from the governing body expressing its unequivocal commitment to enforce this resolution. This summary shall also be posted on the Borough of Sayreville s web site. Section 9: This resolution shall take effect immediately. Section 10: A copy of this resolution shall be published in the official newspaper of the Borough of Sayreville in order for the public to be made aware of this policy and the Borough of Sayreville s commitment to the implementation and enforcement of this policy. /s/ Mary J. Novak Mary J. Novak, Councilwoman (Admin. & Finance Committee) Kennedy O Brien RESOLUTION #2016-127 WHEREAS, on October 14, 2014 the Borough of Sayreville awarded a contract for Treated Rock Salt for Snow Removal to Morton Salt, Inc., IL; and WHEREAS, the Borough of Sayreville is desirous of exercising its right to renew the contract for one (1) two-year term at no additional increase in price contained therein; and WHEREAS, Morton Salt, Inc. has indicated their interest in extending their terms of the aforesaid contract for one (1) additional two (2) year term;
NOW, THEREFORE, BE IT RESOLVED by the and Council of the Borough of Sayreville that the terms and conditions of the current contract with the above-captioned supplier for Treated Rock Salt for Snow Removal is hereby renewed for one (1) additional two (2) year term at no additional increase in price. /s/ Arthur Rittenhouse Arthur Rittenhouse, Councilman (Water & Sewer Committee) Kennedy O Brien RESOLUTION #2016-128 BE IT RESOLVED that the proper officials are hereby authorized to execute Agreement and Application for permission to conduct Fireworks Display between International Fireworks, PO Box 6, Sycamore Road, Douglasville, PA 19513, and the Borough of Sayreville, covering display to be held at Kennedy Park on July 2, 2016 (rain date July 3, 2016) at a cost not to exceed $17,000.00, subject to International Fireworks providing the appropriate insurance coverage as required by the Borough and further subject to said insurance indemnifying the Borough with regard to liability caused by the fireworks including personal injury and or property damage. /s/ Daniel Buchanan Daniel Buchanan, Councilman (Recreation Committee) Kennedy O Brien RESOLUTION #2016-129 A RESOLUTION OF THE IN THE COUNTY OF MIDDLESEX, STATE OF NEW JERSEY, AUTHORIZING THE MAYOR AND BOROUGH CLERK TO EXECUTE AMENDMENT NO. 1 TO THE CONTRACT WITH HOMESERVE USA WHEREAS, the Governing Body of the Borough of Sayreville has the opportunity to provide its residents with the opportunity to purchase a Home Protection Program covering Water and Sewer Lateral breaks through HomeServe USA; and WHEREAS, as a result of the program the Borough of Sayreville has earned a commission in the amount of ten (10%) percent of the payments received from Members during the term of the Contract; and WHEREAS, it was never the Borough of Sayreville s intention to earn a Commission from this contract; and WHEREAS, the Governing Body of the Borough of Sayreville has reviewed the program and has decided to amend the Contract as it wishes to return the Commission to Members who purchased a HomeServe contract between
December 1, 2015 and January 31, 2016 and to discount all future sales of contracts to either new members or renewing existing Sayreville customers by the ten percent (10%); and BE IT AND IT IS HEREBY RESOLVED that Kennedy O Brien and Theresa A. Farbaniec, Borough Clerk are hereby authorized and directed to execute Amendment No. One to the Contract with HomeServe USA. /s/ Arthur Rittenhouse Arthur Rittenhouse, Councilman (Water & Sewer Commission) Theresa A. Farbaniec, RMC Kennedy O Brien RESOLUTION #2016-130 WHEREAS, on April 6, 2016 the and Council of the Borough of Sayreville, have received bids for various Water Treatment Chemicals, and WHEREAS, Certification as to Availability of Funds is annexed hereto; NOW, THEREFORE, BE IT RESOLVED by the and Council on this 9th day of May, 20106, that: 1. Contract for Water Treatment Chemicals be awarded to the following: Citic Acid Coyne Chemical Sodium Bisulfate & Sodium Hydroxide Univar USA, Inc. Sulfuric Acid Main Pool & Chemical Co. Ferric Chloride PVS Technologies, Inc. Sodium Hypochlorite - Miracle Chemical Co. On their bid price as appears on copy of bid document attached hereto and made a part hereof. /s/ Arthur Rittenhouse Arthur Rittenhouse, Councilman (Water & Sewer Dept.) Kennedy O Brien, RESOLUTION #2016-131 A RESOLUTION OF THE IN THE COUNTY OF MIDDLESEX, STATE OF NEW JERSEY, AUTHORIZING CLOSING OUT OF KENNEDY PARKING LOT IMPROVEMENTS PHASE III PROJECT WHEREAS, the Governing Body of the Borough of Sayreville, Middlesex County, New Jersey (hereinafter Borough ) awarded a contract to Defino Contracting Company in 2007 for repairs to a portion of the parking lot in Kennedy Park; and WHEREAS, the said project, with the exception of some punch list items, was completed in 2008. Because of the outstanding punch list items, the Borough retained approximately $4,500.00 of the payment to guarantee the completion of the remaining punch list items; and
WHEREAS, Defino has recently indicated to the Borough Engineer, CME Associates, that they will not return to the project to complete the still outstanding punch list items; and THEREFORE, BE IT AND IT IS HEREBY RESOLVED that Kennedy O Brien and the Governing Body of the Borough of Sayreville directs the Borough of Sayreville CFO to close out the Kennedy Parking Lot Improvements Phase III Project without any further payments being made to Defino Contracting Company. /s/ Mary J. Novak Mary J. Novak, Councilwoman (Admin. & Finance Committee) Kennedy O Brien BUDGET RESOLUTION 2016-132 BE IT RESOLVED by the Council of the Borough of Sayreville, County of Middlesex that the budget herein before set forth is hereby adopted and shall constitute an appropriation for the purposes stated of the sums therein set forth as appropriations, and authorization of the amount of: (a) $ 29,581,971.77 for municipal purposes, and (b) $ 0 (c) $ 0 (d) $ 457,201.65 (e)$ 1,498,367.00 for school purposes in Type I School Districts only (N.J.S. 18A:9-2) to be raised by taxation and, to be added to the certificate of amount to be raised by taxation for local school purposes in Type II School Districts only (N.J.S. 18A:9-3) and certification to the County Board of Taxation of the following summary of general revenues and appropriations. Open Space, Recreation, Farmland and Historic Preservation Trust Fund Levy. Minimum Library Levy (R.S. 40:54-8 et seq.) RECORDED VOTE AYES NAYS ABSTAINED ABSENT Buchanan Lembo None None Grillo Rittenhouse Kilpatrick Novak SUMMARY OF REVENUES GENERAL REVENUES Surplus Anticipated $ 3,500,000.00 Miscellaneous Revenues Anticipated $ 20,956,754.98 Receipts from Delinquent Taxes $ 1,200,000.00 AMOUNT TO BE RAISED BY TAXATION FOR MUNICIPAL PURPOSES $ 29,581,971.77 AMOUNT TO BE RAISED BY TAXATION MINIMUM LIBRARY LEVY $ 1,498,367.00 TOTAL REVENUES $ 56,737,093.75 SUMMARY OF APPROPRIATIONS GENERAL APPROPRIATIONS WITHIN CAPS (a & b) Operations Including Contingent $ 38,605,938.00 (e) Deferred Charges and Statutory $ 4,489,805.73 Expenditures Municipal
EXCLUDED FROM CAPS (a) Operations Total Operations Excluded From CAPS $ 5,525,446.51 (c) Capital Improvements $ 580,000.00 (d) Municipal Debt Service $ 5,042,481.00 (e) Deferred Charges Municipal $ 251,781.51 (m) Reserve for Uncollected Taxes $ 2,241,641.00 SCHOOL APPROPRIATIONS TYPE I SCHOOL DISTRICTS ONLY (N.J.S. 40A:4-13) TOTAL APPROPRIATIONS $ 56,737,093.75 It is hereby certified that the within budget is a true copy of the budget finally adopted by resolution of the governing body on this 9 th day of May, 2016. It is further certified that each item of revenue and appropriation is set forth in the same amount and by the same title as appeared in the 2016 approved budget and all amendments thereto, if any, which have been previously approved by the Director of Local Government Services. /s/ Mary J. Novak, Councilwoman (Admin. & Finance Committee), RMC PUBLIC PORTION At this time O Brien opened the meeting to the public or any and all issues. There were no appearances. Council President Buchanan moved the public portion be closed. Motion seconded by Councilwoman Novak. Roll Call: Voice Vote, all Ayes. Carried. EXECUTIVE SESSION ADJOURNMENT No further discussion and No further business. O Brien called for a motion to adjourn. Council President Buchanan made a motion to adjourn. Motion seconded by Councilwoman Novak. Roll Call: Voice Vote, all Ayes. Time: 7:34 P.M. SIGNED: Date Approved