AGENDA/REGULAR MEETINGFebruary 8, 2010



CALL TO ORDER

Agenda and Regular meeting of the Mayor and Borough Council held on Monday, February 8, 2010.

Mayor O’Brien opened the meeting at 6:30 P.M. followed by a short prayer and salute to the flag.

STATEMENT OF NOTICE OF PUBLICATION

Clerk Farbaniec announced that this Agenda and Regular Meeting of the Mayor and Council being held on February 8, 2010 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 filing with the Municipal Clerk.

ROLL CALL

Roll Call: Councilperson Bella, Eicher, Kaiserman, Kelly, Perrette, Siarkiewicz.

Absent: None

Others Present: Mayor O’Brien

Business Admin. Bertrand,

Municipal Clerk Farbaniec,

Borough Attorney Verrone,

Engineer Cornell.

C.F.O./Treasurer Kronowski,

Others Absent: None

OLD BUSINESS

➢ ORDINANCES FOR DISCUSSION

Mayor asked if there were any questions or comments on the following Ordinances up for Public Hearing tonight:

• Ordinances for Public Hearing

ORDINANCE # 113-10

ORDINANCE OF THE BOROUGH OF SAYREVILLE AUTHORIZING

THE ACCEPTANCE OF A DRAINAGE EASEMENT OVER AND

THROUGH PORTIONS OF LAND COMMONLY KNOWN AS

36 COYLE STREET IN THE BOROUGH OF SAYREVILLE,

MIDDLESEX COUNTY, STATE OF NEW JERSEY FROM MARIO PRETA

(Co. Perrette, Admin. & Finance Committee - Public Hearing February 8, 2010)

None

ORDINANCE #115-10

AN ORDINANCE AMENDING Section 62 of CHAPTER II,

Administration, of the revised general ordinances

of the borough of sayreville, new jersey,

to increase the membership of the

recreation advisory board

Co. Siarkiewicz, Recreation Committee - Public Hearing, February 8, 2010

None

ORDINANCE # 116-10

AN ORDINANCE AMENDING Article III of CHAPTER XXVI,

LAND DEVELOPMENT, OF THE REVISED GENERAL ORDINANCES

OF THE BOROUGH OF SAYREVILLE to create a

new Light Industrial/Business Service Overlay

Zone District.

(Bordentown Avenue)

(pLANNING & zONING cOMMITTEE - Public Hearing, February 8, 2010)

None

ORDINANCE #117-10

AN ORDINANCE TO SUPPLEMENT AND AMEND

CHAPTER XIV, “WATER & SEWER”, SECTION 16.1 OF THE

REVISED GENERAL ORDINANCES OF THE BOROUGH OF SAYREVILLE,

1986, AS SUPPLEMENTED AND AMENDED

(WATER & SEWER COMMITTEE - Public Hearing, February 8, 2010)

None

• Ordinances for Introduction:

Mayor asked the Business Admin. to give a brief description of the following ordinances being presented for introduction:

Business Admin. Bertrand explained Ordinance #118-10 and the two areas that this ordinance would be affecting.

ORDINANCE #118-10

(For Introduction tonight – Discussed on Jan. 25, 2010)

AN ORDINANCE AMENDING CHAPTER VII, “TRAFFIC,” SECTION 7-10.3 “RIGHT TURN ON RED PROHIBITION,” OF THE

REVISED GENERAL ORDINANCESOF THE BOROUGH OF SAYREVILLE

to AMEND TURN restrictionS AT CERTAIN INTERSECTIONS

ALONG WASHINGTON ROAD.

(Co. Eicher, Public Safety Committee)

ORDINANCE #119-10

(For Introduction tonight – Discussed on Jan. 25, 2010)

AN ORDINANCE AMENDING and supplementing CHAPTER VII,

“TRAFFIC,” SECTION 7-16.8,“Commuter Permit Only Parking Streets,”

and SECTION 7-25, “MUNICIPAL PARKING LOTS REGULATED,”

to revise certain provisions regulating

commuter parking within the Borough.

(Co. Eicher, Public Safety Committee)

b) ANY OTHER – (none).

COMMUNICATIONS & COMMITTEE REPORTS

• ADMINISTRATION & FINANCE – Co. Perrette

#1) APPLICATION(S) FOR BINGO/RAFFLE LICENSES

a) Received from Our Lady of Victories HSA to conduct an Off-Premise Calendar Raffle on 12 various

dates from April –July, 2010. (RA: 1632). - a) Approve.

#2) APPLICATION FOR SPECIAL PERMIT FOR SOCIAL AFFAIR

a) Received from Our Lady of Victories, HSA to hold a Wine Tasting Fundraiser at Monsignor Dalton Hall, Main Street, Sayreville on April 24, 2010 from 7PM-10PM. - a) Approve.

#3) TWP. OF WAYNE, NJ

Requesting various municipalities support the Boy Scouts of America by acknowledging Scouting’s Centennial through the adoption of a Proclamation, Proclaiming the month of February 2010 as “Boy Scouts of America Centennial Month”. - Proclamation.

#4 DONNA M. BRODZINSKI, TAX COLLECTOR

Request for authorization to refund a portion of 2009 taxes due to approval of a 100% Disabled Veteran Tax Deduction by the Tax Assessor, effective November 23, 2009. – Resolution

#5) THERESA A. FARBANIEC, RMC MUNICIPAL CLERK

Request for authorization to prepare a Resolution for the Borough of Sayreville to apply for a PARIS Grant through the County of Middlesex, Division of Archive and Records Management Leveraging funds of up to $40,000. - Resolution.

REPORT OF CHAIR. - Councilman Perrette reported that the Admin. & Finance Committee met with the Business Admin. & C.F.O. this past week and that they have put together a preliminary budget for 2010. He stated that they are not within the CAP yet but they still have several weeks before it has to be presented to the State. He said they’re looking at various staffing patters to see what they could do through attrition and staff movement in order to fill spots that have been eliminated or vacancies in other departments, from directors down to temps. He commended Jeff and Wayne on their hard work holding the budget as close as possible to come within CAP, but they still have work to do on that.

• PLANNING & ZONING – Co. Kaiserman

#6) MIDDLESEX REALTY GROUP, LLC

Request to release Letter of Credit #877-SB posted to cover site improvements. Claiming that all items have been completed except for one outstanding item. - Refer to Borough Engineer.

#7) SAYREVILLE OPEN SPACE COMMITTEE

Response to request of Gerald & Bonzena Nasce to purchase borough owned property known as Block 3, Lot 116, David Street. Referred to Open Space Committee on Dec. 9, 2009. They responded that it is their recommendation not to sell (see response letter).

Discussion followed regarding the possible leasing of the property as opposed to the sale of the property, which the Open Space Committee did not recommend.

Councilman Kaiserman referred this question to the Business Admin.

Councilman Bella agreed with the proposed leasing of the property and that the requestor pays the legal fees and any cost associated with the lease. He stated that the lease figure be based upon the amount the borough would collect in property taxes.

Mayor asked the Borough Attorney for her comment.

Attorney Verrone stated that without knowing all of the details, if the borough wanted to lease there would be public bidding issues involved. Questioned if it would be feasible and mentioned that there would also be liability issues, but she would have to review the details.

Mayor asked that this be referred to the Borough Attorney for review and comment at the next meeting.

Co. Bella further commented that this land would not be used in the foreseeable future. To not allow the resident the use and require them to dismantle the bocce ball court, he cannot see anything come of it.

REPORT OF CHAIR. – Councilman Kaiserman reported at the past Planning Board meeting the Kaplan Group was required by the Planning Board to remain age restricted.

• PUBLIC SAFETY – Co. Eicher

#8) ST. STANISLAUS KOSTKA CHURCH

Request to place carnival promotional banners on telephone polls at the following locations:

• Main St. & MacArthur Ave

• Washington Rd & Bissett St.

• Washington Rd & Parkway overpass

• Cheesequake Rd near Hercules Aqualon

• Jernee Mill Rd. between Tech Ctr. & Starland Ballroom

NOTE: Need Council approval prior to requesting permission

from Verizon and JCP&L - Approved.

#8a) REQUEST TO SOLICIT (added item - Event is this weekend)

Received from Kelley Zimmer a Sayreville resident who attends Penn State University, who is requesting permission to solicit funds on behalf of Four Diamonds Fund and Penn State’s Dance Marathon known as THON on Washington Road & Ernston Road on Feb. 13 & 14. She states that the proceeds will help fight against pediatric cancer. - Approved.

Discussion followed regarding outside organizations being permitted to solicit in Sayreville.

Mayor asked the clerk to take a roll call on the approval of this request.

Councilpersons Bella, Eicher, Kaiserman, Kelly, Perrette, Siarkiewicz, all Ayes.

Mayor stated that moving forward the council would have a policy on the organizations soliciting in Sayreville and that they should only be Sayreville based non- profit groups.

He asked Council members Eicher, Kelly and Perrette to come up with a policy.

REPORT OF CHAIR. – Councilwoman Eicher questioned if the Planning Board meetings are televised.

Business Admin. stated that they are not yet televised.

Councilwoman Eicher announced contacting the Ethics Board regarding information she had heard about an incident that had happened at the last planning board meeting and hopes to have more information on this matter next week.

• PUBLIC WORKS – Co. Kelly

REPORT OF CHAIR. – Councilman Kelly extended his gratitude on the job done by the Public Works Department during the last snow event.

• WATER & SEWER – Co. Bella

REPORT OF CHAIR.- Councilman Bella commented and acknowledged an e-mail he and the council received from a resident regarding the water rate increase. He highlighted some of the points the resident had.

Councilman Bella then expressed his concerns about the movement of personnel from the Water & Sewer Department and that as the Liaison of the Water and Sewer Department he did not have any knowledge of. He said he is a strong advocate on saving save money where ever possible but should be made aware of issues in his department.

Business Admin. stated that back in December he had gone through a list of cost saving items and one of them was the movement of a clerical person from the Water Dept. to a clerical position in Finance. He said that this was also discussed during a meeting held with himself, Wayne, Co. Perrette, as well as he, Co. Bella.

Councilman Bella stated that he did recall position being moved to cover one in the finance office but doesn’t recall it being someone from the water dept.

Discussion on the topic continued.

Councilman Bella then brought up complaints from residents about a banging noise during the course of the night from about midnight till the wee hours of the morning.

Business Admin. stated that he has been working with the police department and found that it is an industrial park in Edison that is shooting off air cannons to scare away sea gulls. He said they have made phone calls working on getting the issue ceased.

Progress.

• RECREATION – Co. Siarkiewicz

REPORT OF CHAIR. – Councilwoman gave condolences to Rec. Director Jerry Ust on the passing of his mother.

Progress.

• MAYOR O’BRIEN

Mayor O’Brien also commended Bob Konen and his staff for having the snow removal process down to a science.

Councilman Kaiserman commented on what Councilwoman Eicher brought up earlier regarding statements that were made during the planning board meeting.

BUSINESS ADMINISTRATOR'S AGENDA/REPORT

Administration & Finance:

a. Authorization to issue a Request for Proposals (RFP) for credit card processing services, including online payments, associated with Borough operations such as tax and water payments.

- Consent Agenda Resolution #2010-38.

b. Authorization to retain Brown & Brown, an independent actuarial firm to prepare the necessary documents in connection with an anticipated tax refund for Medicare Part D expenses. The cost of the actuarial service shall not exceed $2,500.

Comments- Councilman Bella questioned how we came up with the firm of Brown and Brown and why we weren’t going out to bid.

Business Admin. Bertrand stated that Brown and Brown was recommended by our Health Benefit Broker, they are being awarded as a Professional Service, and they specialize in actuarial services. They advised us that we may be eligible for $40,000. They also provided us with some free actuarial reports under the GASBY requirements, and they said for $2,500. they could do the certification for us which will lead us into the receipt of the $40,000.

Councilman Kaiserman asked if we could send out an RFP just to see who else is out there or get another two or three quotes.

Business Admin. stated that he would discuss with Reliance, our Health Insurance Broker, as they may have actually done so already.

– Hold Over.

Public Works:

a. Authorization to submit the application for the 2009 Recycling Tonnage Grant to the NJ Department of Environmental Protection.

- Consent Agenda Resolution #2010-39.

b. Authorization to abandon the current bid process for the Mini-Excavator due to an irregularity and authorization to re-advertise with the appropriate amendment.

Comments – Councilman Bella questioned the cost, the need and the use of the excavator which were answered by the Business Admin.

Councilman Kaiserman asked what happened to the old equipment also answered by Business Admin. Bertrand.

- Consent Agenda Resolution #2010-40.

Recreation:

a. Authorization to establish a “late pick-up” policy and associated fees for programs offered through the Recreation Department. The associated fees would be as follow:

1st occurrence: warning (no fee)

2nd occurrence: $30 for the first 30 minutes, $30 for any portion of each successive 30 minutes following.

3rd occurrence: removal from program

- Consent Agenda Resolution #2010-41.

Water & Sewer: none

Public Safety:

a. Notification from the NJ Department of Environmental Protection regarding modifications to the National Flood Insurance Program and the need to update necessary Borough ordinance(s) in order continued participation. Draft ordinances need to be developed and forward to NJ DEP for review prior to introduction by the governing body.

b. Authorization to enter into a Shared Service Agreement with South Amboy for the provision of Fire Official activities associated with fire investigations on an interim basis. This agreement will be in place until the full agreement regarding all Uniform Fire Code Services becomes effective. It is anticipated that agreement will begin on April 1, 2010.

- Consent Agenda Resolution #2010-42.

Planning & Zoning: none

Personnel: Items for Closes Session

a. Police Department:

Authorization to hire two Part-Time Dispatchers in order to provide adequate coverage during vacations and peak periods.

b. Department on Aging

1. Notice of Retirement of Loretta Albin, Director effective July 1, 2010

2. Authorization to hire three Omnibus Operators as a result of a NJ Civil Service Commission Certification for the following:

▪ Two for the Commuter Shuttle

▪ One for the Senior Shuttle

c. Code Enforcement & Zoning

1. Housing Inspector – Discussion on current Civil Service Certification

• C.F.O. WAYNE A. KRONOWSKI

1) Transfer Resolution #2010-44

2) Approval of Bills #2010-43

• BOROUGH ATTORNEY AGENDA/REPORT

No Items

• BOROUGH ENGINEER AGENDA/REPORT

1. Ernston Road/North Ernston and Washington Road – No Turn on Red Engineering Study.

FOR YOUR INFORMATION

• PLANNING & ZONING

SAYREVILLE PLANNING BOARD

Resolution(s) Memorialized on February 3, 2010.

a) Gerdau Ameristeel, Melt Shop Office Plan Block 246, Lot 105, 1.06. 1.07. Minor Site Plan. - Receive & File.

NOTICE TO ADJACENT PROPERTY OWNERS

Notice of hearing before the Planning Board scheduled for February 17, 2010.

a) Application filed by Bedrock Concrete Corporation seeking preliminary and final site plan approval for premises known as Block 60.06, Lot 3, 701 Hartle St. seeking waivers for certain conditions. - Receive & File.

• PUBLIC WORKS

• PUBLIC SAFETY

SHRI DWARKADHISH TEMPLE

Events:

Feb. 27, 2010 – 4PM-10PM Bonfire Celebration

April 10, 2010- 1PM – 3:30 PM Parade – Washington Road.

• RECREATION

MINUTES Rec. & File

Board of Education - Regular Meeting, January 19, 2010

Board of Adjustment - December 9, 2009

Board of Health - January 7, 2010.

Environmental Commission - Sept. 1, Nov. 4 and , Dec. 1, 2009

Housing Authority - January 12, 2010

Sayreville Planning Board - January 6, 2010 & January 20, 2010

EXECUTIVE SESSION. –YES

Borough Attorney Verrone 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 Mayor 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 5 minutes to discuss the following matters:

• 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/ Councilwoman Paula Siarkiewicz

APPROVED:

/s/ Kennedy O’Brien, Mayor

Councilwoman Siarkiewicz moved the Executive Session Resolution be adopted on Roll Call Vote. Seconded by Councilman Kelly.

Roll Call: Councilpersons Bella, Eicher, Kaiserman, Kelly, Perrette, Siarkiewicz, all Ayes.

Time 7:13 P.M.

RECONVENE

Councilman Kelly moved to reconvene the meeting. Seconded by Councilman Perrette.

Roll Call: Councilpersons Bella, Eicher, Kaiserman, Kelly, Perrette, Siarkiewicz, all Ayes.

Time: 7:29 P.M.

Business Administrator Bertrand stated that as a result of the closed session the following people will be appointed to the following departments:

Personnel:

a. Police Department

1. Authorization to hire two Part-Time Dispatchers in order to provide adequate coverage during vacations and peak periods.

Consent Agenda Resolution #2010-45 authorizing the appointment of

Llonel A. Faura, Jr. as Part-Time Public Safety Telecommunication Operator Trainee.

Consent Agenda Resolution #2010-46 authorizing the appointment of Michael Baltazar as Part-time Public Safety Telecommunication Operator Trainee.

b. Department on Aging

1. Notice of Retirement of Loretta Albin, Director effective July 1, 2010.

- Receive & File.

2. Authorization to hire three Omnibus Operators as a result of a NJ Civil Service Commission Certification for the following:

▪ Two for the Commuter Shuttle

▪ One for the Senior Shuttle

The three candidates are all eligible as per a Civil Service Commission certification. One candidate, Mr. Michael DeRisi, is currently serving in a provisional capacity pending the outcome of the exam and certification. Mr. DeRisi drives one of the Senior Citizen buses for approximately 12 hours per week. Mr. DeRisi has proven to be a valuable asset to the Borough and its transportation of our seniors.

Consent Agenda Resolution #2010-47 authorizing the appointment of Michael DeRisi as Omni Bus Operator in the Office on Aging.

The other two candidates will be utilized to operate the morning and evening shifts of the planned Commuter Shuttle Bus at approximately 20 hours per week. Those candidates are as follows:

Mr. Rodney Cameron

Mr. Adewale Tajudeen

Consent Agenda Resolution #2010-48 authorizing the appointment of Rodney Cameron as Omni Bus Operator in the Office on Aging.

Consent Agenda Resolution #2010-49 authorizing the appointment of Adewale Tajudeen as Omni Bus Operator in the Office on Aging.

RECESS

Mayor O’Brien called for a 15 minute recess in order for the clerk to prepare a list of action items to be added to the agenda.

Time: 7:35 P.M.

Councilwoman Siarkiewicz made a motion to recess the meeting. Seconded by Councilman Kelly.

Roll Call: Voice vote, all ayes.

RECONVENE

Time 7:55

Councilwoman Siarkiewicz made a motion to reconvene the meeting. Seconded by Councilman Perrette.

Roll Call: Councilpersons Bella, Eicher, Kaiserman, Kelly, Perrette, Siarkiewicz, all Ayes.

Absent: None

Others Present: Mayor O’Brien

Business Admin. Bertrand,

Municipal Clerk Farbaniec,

Borough Attorney Verrone,

Engineer Cornell.

C.F.O./Treasurer Kronowski,

Others Absent: None

ANNOUNCEMENT - SAYREVILLE HISTORICAL SOCIETY

Mayor O’Brien called forward Ms. Carol Kadi and Jason Slesinski with a report from our Historical Society.

Carol Kadi introduced Jason Slesinski

• Jason Slesinski reported on the Sayreville Oral History Project that he was conducting. through a grant he received from the Middlesex County Cultural and Heritage Commission the proper equipment was procured to digitally record oral histories from Sayreville’s oldest residents on the topic of “Before and After WWII”. He reported interviewing six residents so far and hope to get twenty more. He said these records are archived at the Historical Society Museum and are also posted on You Tube where the historical society has a channel.

Mayor asked if this could also be aired on the Cable Access channel.

Councilman Perrette stated that the Cable TV Advisory received some new equipment and would like to put Jason in touch with the Board Chairman in order to get some of it on Channel 15.

Mayor commended Jason Slesinski and thanked him for this work.

Mayor also asked Carol Kadi to explain the exhibits residents may find at the Historical Society.

Ms. Kadi explained the Historical Society and its hours. She said they have a link to the borough’s website but the borough does not have a link to the Historical Society’s.

Mayor said it would be taken care of. He also informed Mr. Slesinski that Councilman Kelly is liaison to the Veterans Alliance and he would have people that may be interested in interviewing for this project.

The Mayor commended Mr. Slesinski on his endeavors in this project. He called for a round of applause.

ACTION ITEMS:

PROCLAMATION

• Proclamation, Proclaiming the month of February 2010 as

“Boy Scouts of America Centennial Month”.

BOROUGH OF SAYREVILLE

PROCLAMATION

WHEREAS, the Boy Scouts of America was established February 8, 1910 and for one hundred years has created a strong foundation of leadership, service and community for millions of American youth; and

WHEREAS, the Boy Scouts of America provides a program that builds character, trains Scouts in the responsibilities of participating citizenship and develops personal fitness and with every rank advancement comes new challenges, new adventures and new friends for Scouts and those Scouters who accompany them along the way; and

WHEREAS, the Boy Scouts of America has nurtured and honored over two million Eagle Scouts; and

WHEREAS, the Boy Scouts of America alumni share memories that last a lifetime; and

WHEREAS, Scouting celebrates its legacy and reaffirms its commitment to inspire and prepare future generations.

NOW, THEREFORE, BE IT RESOLVED, that I Kennedy O’Brien, Mayor of the Borough of Sayreville, recognize the Boy Scouts of America, their leaders and sponsoring organizations for making a difference in Sayreville by their dedication of Scouting’s core values – leadership, character, community service, achievement and stewardship of the environment and Proclaim the Month of February 2010 as

BOY SCOUTS OF AMERICA CENTENNIAL MONTH.

IN WITNESS WHEREOF, I have caused this

Proclamation to be issued and the official seal of the

Borough duly affixed this 8th day of February, 2010

and the same duly attested by the Municipal Clerk.

/s/ Kennedy O’Brien, Mayor

Attest:

/s/ Theresa A. Farbaniec, R.M.C., Municipal Clerk

Councilwoman Siarkiewicz moved the Mayor’s Proclamation be approved on Roll Call vote. Seconded by Councilman Perrette.

Roll Call: Councilpersons Bella, Eicher, Kaiserman, Kelly, Perrette, Siarkiewicz, all Ayes.

Minutes of the Mayor and Council

Councilwoman Siarkiewicz moved the following minutes of the Mayor and Council be approved on Roll Call Vote, subject to correction if necessary:

i) December 7, 2009 - Agenda Session

ii) December 7, 2009 - Executive Session

iii) December 14, 2009 - Regular Meeting

iv) December 14, 2009 - Executive Session

v) January 4, 2010 - Agenda Session

vi) January 4, 2010 - Re-Organization Meeting

Councilman Kaiserman stated a correction to the January 4, 2010 minutes.

Correction: Councilman Kaiserman stated that the current law attorney did in fact donate to the Republican Party.

Motion to approve, seconded by Councilman Kelly.

Roll Call: Voice Vote, all Ayes.

Consent Agenda Communications:

Councilwoman Siarkiewicz moved that Consent Agenda Communications be received on Roll Call Vote. Seconded by Councilman Perrette.

Roll Call: Councilpersons Bella, Eicher, Kaiserman, Kelly, Perrette, Siarkiewicz, all ayes.

Consent Agenda Resolutions

Mayor O’Brien opened the meeting to the public for any questions or comments on the Consent Agenda Resolution.

No one appeared.

Councilwoman Siarkiewicz moved the Public Portion be closed and the Consent Agenda Resolutions be approved on Roll Call Vote. Seconded by Councilman Kelly.

Roll Call: Councilpersons Bella, Eicher, Kaiserman, Kelly, Perrette, Siarkiewicz, all Ayes.

RESOLUTION #2010-38

BE IT AND IT IS HEREBY RESOLVED, that the proper Borough officials

are hereby authorized and directed to prepare and advertise a Request for Proposals for

Credit Card Processing Services.

/s/ Nicholas J. Perrette, Councilman

(Admin. & Finance Committee)

ATTEST: BOROUGH OF SAYREVILLE

/s/ Theresa A. Farbaniec /s/ Kennedy O’Brien

Municipal Clerk Mayor

RESOLUTION #2010-39

WHEREAS, the Mandatory Source Separation and Recycling Act, P.L. 1987, c. 102, has established a recycling fund from which tonnage grant may be made to municipalities in order to encourage local source separation and recycling programs; and

WHEREAS, it is the intent and the spirit of the Mandatory Source Separation and Recycling Act to use the tonnage grants to develop new municipal recycling programs and to continue and to expand existing programs; and

WHEREAS, the New Jersey Department of Environmental Protection has promulgated recycling regulations to Implement the Mandatory Source Separation and Recycling Act; and

WHEREAS, the recycling regulations impose on municipalities certain requirements as a condition for tonnage grants, including but not limited to, making and keeping accurate, verifiable records of materials collected and claimed by the municipality; and

WHEREAS, a resolution authorizing this municipality to apply for such tonnage grants for calendar year 2009 will memorialize the commitment of this municipality to recycling and to indicate the assent of the Mayor and Borough Council to the efforts undertaken by the Borough of Sayreville and the requirements contained in the Recycling Act and the recycling regulations; and

WHEREAS, such a resolution should designate the individual authorized to ensure the application is properly completed and timely filed.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Sayreville that the Borough of Sayreville hereby endorses the submission of the recycling tonnage grant application to the New Jersey Department of Environmental Protection and designates Pamela Lubeski, Municipal Recycling Coordinator to ensure that the application and reports are properly filed; and

BE IT FURTHER RESOLVED that the monies received from the recycling tonnage grant be deposited in a dedicated recycling trust fund to be used solely for the purposes of recycling.

/s/ Kenneth P. Kelly, Sr., Councilman

(Public Works Committee)

ATTEST: BOROUGH OF SAYREVILLE

/s/ Theresa A. Farbaniec /s/ Kennedy O’Brien

Municipal Clerk Mayor

RESOLUTION #2010-40

A RESOLUTION OF THE Borough of Sayreville

IN THE COUNTY OF Middlesex, NEW JERSEY,

directing the abandonment of a solicitation of bids

for the purchase of a mini hydraulic excavator

and authorizing re-advertisement for bids

WHEREAS, the Borough of Sayreville advertised for the receipt of bids for the purchase by the Borough of a mini-hydraulic excavator, with a bid submission date of February 11, 2010; and

WHEREAS, it was subsequently discovered that the technical specifications contained in the request for bids required material revisions; and

WHEREAS, the Borough seeks to abandon the current bid process before bids are submitted, and commence a new procurement process once the technical specifications have been duly revised; and

NOW, THEREFORE, BE IT RESOLVED, by the Borough Council of the Borough of Sayreville as follows:

1. The recitals set forth above are hereby incorporated into the body of this resolution as if set forth at length herein.

2. The prior commenced procurement process for the purchase by the Borough of a mini-hydraulic excavator is hereby abandoned for the purpose of materially revising the technical specifications contained in the request for bids, and shall hereby be deemed cancelled in accordance with N.J.A.C. 5:34-9.3.

3. The Borough Clerk shall notify all vendors who have submitted bids, or received specifications, by telephone, fax, or e-mail that the receipt thereof has been cancelled, the reason therefore, and the procedure for the return of their unopened bids.

4. Vendors shall be permitted to retrieve any bids submitted in response to the abandoned procurement. For those bids not picked up by a vendor within 10 business days of being notified of their availability, the Borough Clerk shall return them, unopened, by certified mail or other delivery service that provides a delivery receipt.

5. On the day and time originally scheduled for receipt of bids, a notice shall be posted at the place where bids were to have been received, stating that the receipt of bids has been cancelled. No bids submitted in response to the abandoned procurement shall be opened.

6. The Borough clerk is hereby authorized to advertise for the receipt of new bids for the purchase by the Borough of a mini-hydraulic excavator in accordance with the terms of the revised specifications. The advertisement shall clearly instruct vendors to indicate on the outer envelopes or packages containing their bids that that they are responding to the Borough’s revised request for bids, and the date on which the revised request for bids is due.

7. The revised request for bids shall clearly state that it has been revised both on the cover and on the bid sheet, the purpose being to avoid confusion or error in the submission of new or revised bids.

 /s/ Kenneth P. Kelly, Sr., Councilman

(Public Works Committee)

ATTEST:

/s/ Theresa A. Farbaniec /s/ Kennedy O’Brien

Municipal Clerk Mayor

RESOLUTION #2010-41

BE IT AND IT IS HEREBY RESOLVED that the Borough of Sayreville

hereby adopts the following “Late Pick-Up Fee” policy associated with all recreation

programs:

• 1st Occurrence - Emergency / No charge

• 2nd Occurrence -

a) 1st Half Hour $30.00

b) 2nd Half Hour $60.00

• 3rd Occurrence - Removal from Program with

No Refund

/s/ Paula Siarkiewicz, Councilwoman

(Recreation Committee)

ATTEST: BOROUGH OF SAYREVILLE

/s/ Theresa A. Farbaniec /s/ Kennedy O’Brien

Municipal Clerk Mayor

RESOLUTION #2010-42

BE IT AND IT IS HEREBY RESOLVED that the proper Borough officials

are hereby authorized and directed to execute a shared services agreement with the

City of South Amboy, New Jersey for the provision of Fire Official activities associated

with fire investigations.

BE IT AND IT IS HEREBY RESOLVED that the proper Borough officials

are hereby authorized and directed to execute a shared services agreement with the

City of South Amboy, New Jersey for the provision of Fire Official activities associated

with fire investigations.

BE IT FURTHER RESOLVED THAT under said agreement the City of South Amboy will be responsible for the reimbursement to the Borough of Sayreville for all costs incurred by the Borough for activities benefitting the City of South Amboy.  Such costs include, but are not limited to, Hourly Rates, Overtime, Call-in Pay, and other similar costs as outlined in the Borough’s current collective bargaining agreements with these represented employees.  In addition, a 20% administrative fee will be added to these costs to cover benefits, gas, vehicle maintenance and accounting.  There shall also be a 7% fee, as a function of the wage reimbursement, to cover the associated FICA charges.   

            BE IT FURTHER RESOLVED THAT the City of South Amboy agrees to make the reimbursement to the Borough of Sayreville within 30 days of receipt of the reimbursement request by the Borough of Sayreville.

/s/ Lisa Eicher, Councilwoman

(Public Safety Committee)

ATTEST: BOROUGH OF SAYREVILLE

/s/ Theresa A. Farbaniec /s/ Kennedy O’Brien

Municipal Clerk Mayor

RESOLUTION #2010-43

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/ Kennedy O’Brien_________

Mayor

/s/ Councilman Frank Bella__ /s/ Councilman Kenneth P. Kelly, Sr.

/s/ Councilwoman Lisa Eicher /s/ Councilman Nicholas J. Perrette

/s/ Councilman David Kaiserman /s/ Councilwoman Paula Siarkiewicz

Bill list of February 8, 2010, in the amount of $14,654,307.08

(Bill List – See Appendix A for this date, in a separate Bill List File for 2010)

RESOLUTION#2010-44

BE IT AND IT IS HEREBY RESOLVED that the following transfers

between 2009 Budget Appropriation Reserves be and the same are hereby

authorized to be made in the following manner to wit:

FROM TO

CURRENT FUND

Natural Gas

(1446-946-2-18150) $ 10,000 $

Commuter Parking

(1414-414-2-1) 10,000

__ __

$ 10,000 $ 10,000

/s/ Nicholas J. Perrette, Councilman

(Admin. & Finance Committee)

ATTEST: BOROUGH OF SAYREVILLE

Theresa A. Farbaniec Kennedy O’Brien

Municipal Clerk Mayor

RESOLUTION #2010-45

BE IT RESOLVED that the following person is hereby appointed to the following title and department as per NJ Civil Service Commission Procedures:

NAME OF APPOINTEE: Llonel A. Faura, Jr.

POSITION: Public Safety Telecommunicator Trainee

DEPARTMENT: Police

EFFECTIVE: 2/9/10

BE IT FURTHER RESOLVED that the compensation to be paid such appointee shall be fixed and determined by the Salary Ordinance or appropriate resolution adopted thereunder fixing the compensation to be paid municipal employees and that this appointment be made subject to all the rules and regulations of the New Jersey Civil Service Commission

/s/ Lisa Eicher, Councilwoman

(Public Safety Committee)

ATTEST: BOROUGH OF SAYREVILLE

Theresa A. Farbaniec Kennedy O’Brien

Municipal Clerk Mayor

RESOLUTION #2010-46

BE IT RESOLVED that the following person is hereby appointed to the following title and department as per NJ Civil Service Commission Procedures:

NAME OF APPOINTEE: Michael Baltazar

POSITION: Public Safety Telecommunicator Trainee

DEPARTMENT: Police

EFFECTIVE: 2/9/10

BE IT FURTHER RESOLVED that the compensation to be paid such appointee shall be fixed and determined by the Salary Ordinance or appropriate resolution adopted thereunder fixing the compensation to be paid municipal employees and that this appointment be made subject to all the rules and regulations of the New Jersey Civil Service Commission.

/s/ Lisa Eicher, Councilwoman

(Public Safety Committee)

ATTEST: BOROUGH OF SAYREVILLE

Theresa A. Farbaniec Kennedy O’Brien

Municipal Clerk Mayor

RESOLUTION #2010-47

BE IT RESOLVED that the following person is hereby appointed to the following title and department as per NJ Civil Service Commission Procedures:

NAME OF APPOINTEE: Michael DeRisi

POSITION: Omnibus Operator

DEPARTMENT: Office on Aging

EFFECTIVE: 2/4/10

BE IT FURTHER RESOLVED that the compensation to be paid such appointee shall be fixed and determined by the Salary Ordinance or appropriate resolution adopted thereunder fixing the compensation to be paid municipal employees and that this appointment be made subject to all the rules and regulations of the New Jersey Civil Service Commission.

/s/ Paula Siarkiewicz, Councilwoman

(Recreation Committee)

ATTEST: BOROUGH OF SAYREVILLE

/s/ Theresa A. Farbaniec /s/ Kennedy O’Brien

Municipal Clerk Mayor

RESOLUTION #2010-48

BE IT RESOLVED that the following person is hereby appointed to the following title and department as per NJ Civil Service Commission Procedures:

NAME OF APPOINTEE: Rodney Cameron

POSITION: Omnibus Operator

DEPARTMENT: Office on Aging

EFFECTIVE: 2/4/10

BE IT FURTHER RESOLVED that the compensation to be paid such appointee shall be fixed and determined by the Salary Ordinance or appropriate resolution adopted thereunder fixing the compensation to be paid municipal employees and that this appointment be made subject to all the rules and regulations of the New Jersey Civil Service Commission.

/s/ Paula Siarkiewicz, Councilwoman

(Recreation Committee)

ATTEST: BOROUGH OF SAYREVILLE

/s/ Theresa A. Farbaniec /s/ Kennedy O’Brien

Municipal Clerk Mayor

RESOLUTION #2010-49

BE IT RESOLVED that the following person is hereby appointed to the following title and department as per NJ Civil Service Commission Procedures:

NAME OF APPOINTEE: Adewale Tajudeen

POSITION: Omnibus Operator

DEPARTMENT: Office on Aging

EFFECTIVE: 2/4/10

BE IT FURTHER RESOLVED that the compensation to be paid such appointee shall be fixed and determined by the Salary Ordinance or appropriate resolution adopted thereunder fixing the compensation to be paid municipal employees and that this appointment be made subject to all the rules and regulations of the New Jersey Civil Service Commission.

/s/ Paula Siarkiewicz, Councilwoman

(Recreation Committee)

ATTEST: BOROUGH OF SAYREVILLE

/s/ Theresa A. Farbaniec /s/ Kennedy O’Brien

Municipal Clerk Mayor

RESOLUTION #2010-50

BE IT RESOLVED that the proper Borough officials are hereby

authorized and directed to refund property taxes for a portion of 2009 tax year,

effective November 23, 2009, in the total amount of $878.94 due to the approval by the

Tax Assessor of a 100% Disabled Veteran’s Tax Deduction covering Block 345, Lot 4,

8 Cheyenne Drive.

/s/ Nicholas J. Perrette, Councilman

(Admin. & Finance Committee)

ATTEST: BOROUGH OF SAYREVILLE

/s/ Theresa A. Farbaniec /s/ Kennedy O’Brien

Municipal Clerk Mayor

RESOLUTION #2010-51

The State of New Jersey

Department of State

Division of Archives and Records Management

PARIS Grants Program

BE IT RESOLVED by the Mayor and Council of the Borough of Sayreville, THAT:

WHEREAS, the State of New Jersey has launched its pioneering Public Archives and Records Infrastructure Support (Paris) grant program to meet the strategic records management, preservation, and storage needs of county and municipal governments; and

WHEREAS, a top priority of the PARIS grants program is to achieve efficiencies of cost and operation through shared services and to create a service structure for municipalities that do not have the resources to create one for themselves; and

WHEREAS, in the 2010-11 grant cycle, priority funding will be given to county projects shared services projects with its constituent municipalities; and

WHEREAS, the Mayor and Council of the Borough of Sayreville desires to collaborate with the County of Middlesex in the performance of their application for PARIS Grants Project fund; and

WHEREAS, the Borough of Sayreville is acknowledging that their eligible funding of $40,000.00 will be leveraged with County of Middlesex; and

WHEREAS, the Borough of Sayreville is acknowledging that the County of Middlesex would be both the lead agency and the applicant for such a proposal; and

NOW, therefore, be it resolved by the Mayor and Council of the Borough of Sayreville, that Borough of Sayreville does support and commit to cooperation and participation in the PARIS grant for the purposes set forth above, and to execute and deliver all documents required incident thereto.

/s/ Nicholas J. Perrette, Councilman

(Admin. & Finance Committee)

ATTEST: BOROUGH OF SAYREVILLE

/s/ Theresa A. Farbaniec /s/ Kennedy O’Brien

Municipal Clerk Mayor

Resolutions to be read in full - None

Public Hearing on the following Ordinances:

Mayor O’Brien opened the meeting to the public on Ordinance #113-10.

No one appeared.

Councilman Perrette moved the Public Hearing be closed and the Ordinance adopted on second and final reading and advertised according to law. Seconded by Councilwoman Siarkiewicz.

Roll Call: Councilpersons Bella, Eicher, Kaiserman, Kelly, Perrette, Siarkiewicz, all Ayes.

ORDINANCE # 113-10

ORDINANCE OF THE BOROUGH OF SAYREVILLE AUTHORIZING

THE ACCEPTANCE OF A DRAINAGE EASEMENT OVER AND

THROUGH PORTIONS OF LAND COMMONLY KNOWN AS

36 COYLE STREET IN THE BOROUGH OF SAYREVILLE,

MIDDLESEX COUNTY, STATE OF NEW JERSEY FROM MARIO PRETA

WHEREAS, pursuant to N.J.S.A. 40:48-2, the Borough of Sayreville is authorized to adopt an Ordinance for the preservation of public health, safety and welfare; and

WHEREAS, pursuant to N.J.S.A. 40A:12-5, the Borough of Sayreville has the power to acquire any real property or property interests for a public purpose through negotiated agreement; and

WHEREAS, there is an existing storm sewer pipe located on a portion of Block 105, Lot 34.01, Sayreville, New Jersey (also known as 36 Coyle Street or the “Property”); and

WHEREAS, the Property has recently been subdivided and Mario Preta, the owner of the Property, has filed permits for construction that are pending subject to the relocation of the existing storm sewer pipe; and

WHEREAS, in order to accommodate the construction, maintenance, operation and repair of the relocated drainage easement, it is necessary to accept a relocated drainage easement over the Property to allow the Borough to undertake such construction, maintenance, operation and repair; and

NOW THEREFORE BE IT ORDAINED by the Borough Council of the Borough of Sayreville, County of Middlesex, State of New Jersey, as follows:

SECTION 1. In accordance with the authorization provided by the Local Land and Buildings Law under N.J.S.A. 40A:12-1 et. seq., the Borough is hereby authorized to accept the Drainage Easement, subject to lawful conditions, restrictions and limitations of use as placed upon municipal governing bodies.

SECTION 2. The Borough finds that the drainage easement is needed for the public purpose of continued construction, maintenance, operation and repair of the relocated drainage easement and hereby authorizes the Borough to accept said Drainage Easement.

SECTION 3. The Mayor and Municipal Clerk are authorized to accept the Drainage Easement, and to execute any documents as may be necessary in order to effectuate this Ordinance and the transaction contemplated herein, in such form and substance as attached hereto as Exhibit A.

SECTION 4. If any section, paragraph, subdivision, clause or provision of this Ordinance shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision so adjudged and the remainder of the Ordinance shall be deemed valid and effective.

SECTION 5. All ordinances or parts of ordinances inconsistent with or in conflict with this Ordinance are hereby repealed to the extent of such inconsistency.

SECTION 6. This Ordinance shall take effect after final passage and adoption according to the law.

/s/ Nicholas J. Perrette, Councilman

(Admin. & Finance Chairman)

ATTEST: APPROVED:

/s/ Theresa A. Farbaniec /s/ Kennedy O’Brien

Municipal Clerk Mayor

APPROVED AS TO FORM:

/s/ Judy A. Verrone, Esq.

Mayor O’Brien opened the meeting to the public on Ordinance #115-10.

No one appeared.

Councilwoman Siarkiewicz moved the Public Hearing be closed and the Ordinance adopted on second and final reading and advertised according to law. Seconded by Councilman Kelly

Roll Call: Councilpersons Bella, Eicher, Kaiserman, Kelly, Perrette, Siarkiewicz, all Ayes.

ORDINANCE #115-10

AN ORDINANCE AMENDING Section 62 of CHAPTER II,

Administration, of the revised general ordinances

of the borough of sayreville, new jersey,to increase

the membership of the recreation advisory board

Co. Siarkiewicz, Recreation Committee - Public Hearing, February 8, 2010

BE IT ORDAINED by the Mayor and Council of the Borough of Sayreville, in the County of Middlesex and State of New Jersey, as follows:

SECTION 1. Subsection 2-62.2, “Composition of the Recreation Advisory Board,” of Section 2-62, “RECREATION ADVISORY BOARD,” of Chapter II, “ADMINISTRATION,” of the Revised General Ordinances of the Borough of Sayreville, is hereby amended to increase the membership of the Recreation Advisory Board from twenty four members to twenty seven members, to read as follows:

2-62.2 Composition of the Recreation Advisory Board. The Recreation Advisory Board shall consist of twenty-seven (27) members, two of whom shall be Borough of Sayreville Boat owners, and shall include the Chair of the Borough’s Recreation Committee.

SECTION 2. Subsection 2-62.3, “Appointment and Term of Service,” of Section 2-62, “RECREATION ADVISORY BOARD,” of Chapter II, “ADMINISTRATION,” of the Revised General Ordinances of the Borough of Sayreville, is hereby amended to provide for the appointment and terms of service of the members of the Recreation Advisory Board, to read as follows:

2-62.3 Appointment and Term of Service. The Mayor with the advice and consent of the Borough Council shall appoint twenty-seven (27) residents of the Borough of Sayreville, each to serve as a member of the Board for a term of three (3) years. All terms shall be deemed to have commenced on the first day of January in the year of appointment. A vacancy in the Board shall be filled by the Mayor with the advice and consent of the Borough Council for the remainder of the unexpired term.

Section 3. Severability Clause.

If any article, section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this Ordinance and they shall remain in full force and effect, and to this end the provisions of this ordinance are hereby declared severable.

Section 4. Repealer.

All other ordinances in conflict or inconsistent with this ordinance are hereby repealed, to the extent of such conflict or inconsistency. In the event of any inconsistencies between the provisions of this Ordinance and any prior ordinance of the Borough, the provisions hereof shall be determined to govern. All other parts, portions and provisions of the Ordinances of the Borough are hereby ratified and confirmed, except where inconsistent with the terms hereof.

Section 5. Effective Date.

This ordinance shall take effect immediately upon adoption and publication in accordance with the laws of the State of New Jersey.

/s/ Paula Siarkiewicz, Councilwoman

(Recreation Committee/Sponsor)

ATTEST: APPROVED:

/s/ Theresa A. Farbaniec /s/ Kennedy O’Brien

Municipal Clerk Mayor

APPROVED AS TO FORM:

/s/ Judy A. Verrone, Esq.

Mayor O’Brien opened the meeting to the public on Ordinance #116-10.

No one appeared.

Councilman Kaiserman moved the Public Hearing be closed and the Ordinance adopted on second and final reading and advertised according to law. Seconded by Councilman Bella.

Roll Call: Councilpersons Bella, Eicher, Kaiserman, Kelly, Perrette, Siarkiewicz, all Ayes.

ORDINANCE # 116-10

AN ORDINANCE AMENDING Article III of CHAPTER XXVI,

LAND DEVELOPMENT, OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF SAYREVILLE to create a

new Light Industrial/Business Service Overlay Zone District.

(Bordentown Avenue)

BE IT ORDAINED by the Mayor and Council of the Borough of Sayreville, in the County of Middlesex and State of New Jersey, as follows:

Section 1. Section 26-81.1, “Establishment of Zones,” of CHAPTER XXVI, “Land Development,” of the Revised General Ordinances of the Borough of Sayreville, is hereby amended and supplemented to add a reference to a new Light Industrial/Business Service Overlay Zone District by deleting the text {marked in bold and enclosed in brackets} and inserting the text underlined and marked in bold, to read as follows:

26-81.1 Establishment of Zones. For the purpose of this chapter, the Borough of Sayreville is hereby divided into the following {twenty-three (23)} twenty-four (24) zones known as:

|R-20 |Single-Family Residential |

|R-10 |Single-Family Residential |

|R-7 |Single-Family Residential |

|R-7 (PRD) |Planned Residential Development |

|R-5 |Single-Family Residential |

|PD-10 |Single-Family Planned Development |

|PD-7 |Single-Family Planned Development |

|G-1 |Garden Apartment |

|PRIME |Public, Recreational, Institutional, |

| |Municipal and Educational |

|B-1 |Neighborhood Business |

|B-2 |General Business |

|B-2 (PUD) |General Business Planned Unit Development |

|B-3 |Highway Business |

|PO |Professional Office |

|MW |Marine Waterfront |

|MW (PUD) |Marine Waterfront Planned Unit Development |

|SED |Special Economic Development |

|I |Industrial |

|RA-W |Waterfront Redevelopment Area |

|RA-JMR |Jernee Mill Road Redevelopment Area |

|OS-C |Open Space – Conservation |

|OS-R |Open Space – Recreation |

|O-S |Office/Service Overlay |

|LI-BS |Light Industrial/Business Service Overlay |

Section 2. Section 26-81.2, “Zoning Map,” of CHAPTER XXVI, “Land Development,” of the Revised General Ordinances of the Borough of Sayreville, is hereby amended and supplemented to describe the properties to be included in the new Light Industrial/Business Service Overlay Zone District by deleting the text {marked in bold and enclosed in brackets} and inserting the text underlined and marked in bold, to read as follows:

26-81.2 Zoning Map. The location and boundaries of the above zones are hereby established on the zoning map dated November, 1999, which is attached hereto and made a part of this chapter, excepting that the Zoning Map is hereby amended to reflect that the following lots and blocks are located within the new OS-C Zone: Block 10.03, Lot 4; Block 14, Lot 2, Block 15, Lot 1, Block 16, Lot 1; Block 17, Lots 1 and 2; Block 18, Lots 1, 2, 3, 4, 5, 6, 7 and 8; Block 19, Lot 1; Block 20, Lot 1; Block 21, Lots 1, 2, 3, 4, 5, 6 and 7; Block 22, Lot 1; Block 23, Lot 1; Block 24, Lot 1 and Block 26, Lot 1; and that the following lot and block is located within the new OS-R Zone: Block 14, Lot 1.04; and that the following lots and blocks are located within the new O-S Overlay Zone: Block 124, Lots 14, 15, 15.01, 16, 17.01, 17.03, 18, and 19; Block 129, Lots 183, 184, 185, 268, 269, 270, and 271; Block 130, Lots 264, 265, 266 and 267; Block 136, Lots 28.04, 28.06, 28.07, 28.08, 28.09, 38, 39, 40, 44, 45, 46, 47, 48, 49, 50, 51, 52, 58, and 59{.}; and that the following lots are located within the new LI-BS Overlay Zone: Block 29, Lots 1.01, 2, 3, 3.01, 4, 4.01, 4.02, 4.03, 4.04, 4.05, 4.06, 4.07, 4.08, 4.10, 4.11, 4.13, and 4.14.

Section 3. Section 26-84, “SUPPLEMENTARY ZONING REGULATIONS,” of CHAPTER XXVI, “Land Development,” of the Revised General Ordinances of the Borough of Sayreville, is hereby amended and supplemented to add a new Section 26-84.7 following the existing Section 26-84.6, to read as follows:

26-84.7 Regulations for Light Industrial/Business Service Overlay Zone District.

a. Purpose. This overlay district is intended to provide a reasonable use of land for nonresidential purposes while maintaining a residential presence. The regulations of this overlay district are in addition to the regulations of the otherwise existing zones in which these properties are shown on the Zoning Map, which regulations shall remain in place for uses permitted in the existing zones.

b. Permitted Uses. No building, structure or premises shall be used and no building or structure shall be erected or structurally altered except for the following uses:

Light Industrial Uses:

1. Courier Service;

2. Local trucking depot without exterior storage;

3. General contractor’s shop/office without exterior storage;

4. Landscape contractors.

5. Special trade contractors limited to: roofing & siding, carpentry, masonry & stone work, flooring, glass & glazing, plumbing/HVAC, electrical work, painting & paper hanging, drywall & plastering. All of these uses must be performed within the confines of an enclosed building.

Business Services Uses:

1. Collection services;

2. Credit reporting services;

3. Dance studios;

4. Florists;

5. Employment agencies;

6. Medical equipment rental & leasing;

7. Computer Repair, rental & leasing;

8. Secretarial & court reporting services;

9. Furniture repair & remodeling;

10. Furniture refinishing;

11. Reupholstering shops;

12. Antique furniture restoration;

13. Security system services;

14. Wreath & grave monument sales.

c. Accessory Uses. Uses customary and incidental to the principal use and located within the principal building shall be permitted.

d. Height, Area and Yard Requirements. Height, area, and yard requirements shall be those applicable in the B-1 Zone.

e. Off Street Parking and Loading Requirements. Off street parking and loading requirements shall be those specified in Section 26-88.1 of the Revised General Ordinances of the Borough of Sayreville.

f. Signs. Signs shall be subject to the sign regulations under Sign Schedule II for the B-1 Zone.

g. Buffers. Any new, altered or enlarged construction shall comply with the buffer requirements of Section 26-96.6 of the Revised General Ordinances of the Borough of Sayreville.

Section 4. Severability Clause.

If any article, section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this Ordinance and they shall remain in full force and effect, and to this end the provisions of this ordinance are hereby declared severable.

Section 5. Repealer.

All other ordinances in conflict or inconsistent with this ordinance are hereby repealed, to the extent of such conflict or inconsistency. In the event of any inconsistencies between the provisions of this Ordinance and any prior ordinance of the Borough, the provisions hereof shall be determined to govern. All other parts, portions and provisions of the Ordinances of the Borough are hereby ratified and confirmed, except where inconsistent with the terms hereof.

Section 6. Effective Date.

This ordinance shall take effect immediately upon adoption and publication in accordance with the laws of the State of New Jersey.

/s/ David Kaiserman, Councilman

(Planning & Zoning Committee)

ATTEST: APPROVED:

/s/ Theresa A. Farbaniec /s/ Kennedy O’Brien

Municipal Clerk Mayor

APPROVED AS TO FORM:

/s/ Judy A. Verrone, Esq.

Mayor O’Brien opened the meeting to the public on Ordinance #117-10.

Those appearing were:

• Theresa Strek, 140 McCutcheon Ave.

Commented about an article that appeared in the February 5th edition of Sayreville Progress regarding Water Rate Increase Ordinance. She called the paper and debated that they over criticized water rate increase. She stated that during the past two meetings CFO Wayne Kronowski gave a very clear and comprehensive explanation as to why the increase was necessary. After she finished addressing the council on this topic she asked the entire council to vote in favor of the water rate increase.

Councilman Perrette responded to Mrs. Strek’s comments reviewing the report he had given at a previous meeting comparing the use by various residents, businesses and apartments also asking for everyone to vote yes on the water rate ordinance.

Councilwoman Siarkiewicz commented on a memo the council received from the Water Director indicating that Sayreville has one of the lowest rates in the area and that the rate increase is on the amount of water you use.

Mayor stated that on the memo there are two columns; one for water charges and one for sewer charges based upon 1,000 cu ft. of consumption. He reviewed the chart:

Water Sewer

Sayreville $21.20 $ 25.00

So. Brunswick $33.20 $118.20

Spotswood $77.00 $ 80.00

E. Brunswick $39.00 $ 70.00

Brick $43.00 $ 80.00

Matawan $48.00 $130.00

Old Bridge $67.00 $103.00

Perth Amboy $53.00 $ 53.00

Mayor said that because we own the raw material, process and distribute and we basically break even. We have one of the lowest rates in Central Jersey, which is operated frugally. He said the increase is due to the unusual year in our Country, and in our town. This was unforeseen.

• Nellie Malet, MacArthur Ave.

Questioned if they would come back down once the economy and climate changes and once we get more ratables and water consumption increases again.

Mayor asked Councilman Perrette to respond.

Councilman Perrette stated that the original plan was to let it run for nine months, or three billing cycles, so that everyone is treated fairly and review it. He said he intends to receive monthly reports based on what revenue came in vs. expenses so we could monitor this on a monthly basis, and so that it will be looked at continuously. We will look at whether we want to build a cushion in order to maintain the rate, look at the agreement to purchase water in three years and whether we want to or expand our facilities and possibly sell water, these are all things in the planning stages.

Councilman Kaiserman questioned, when it was last year that we received an indication that there was a problem, remembering the Mayor said it was late July when we got notice of it in October or December.

Mayor asked the Business Admin. to respond.

Bus Admin. responded that the first indication was when he received a phone call from the Government Affairs Consultant from Gerdeau Amersteel informing him they would be closing their doors shortly and a press release would be going out. He said he called the water dept. to ask what their revenue was, finding out that they could have a problem of almost a half a million dollars. He said he called all of the members of the governing body and informed them there would be a problem with the water rates.

Councilman Kaiserman stated that the water rate increase then came out around October, 2009. He had found out there was a substantial water reduction back in December, 2008 and was a consistent reduction that led to the closing, which was a significant amount of time. Asked why it took so look to so long to find out that we needed an ordinance to fix it.

Business Admin. Bertrand said that the water usage went down in December but the issue started in May when they advised us they were going to close. That is when he notified everyone in addition to the Water Director submitting his monthly reports. He also stated that when revenue started to go down, he brought it to everyone’s attention. Especially the liaison of the water committee who met with the members of the water committee and the Director of the Water Department. He said there were ongoing phone conversations and felt it was not a surprise to anyone when we had a cool, rainy season. He further said Wayne said they could be facing as much as a 40% deficit and not an increase of 40%. He also reminded everyone that water readings are done quarterly.

Councilman Kaiserman gave further comment about his concerns about not fixing the problem and again suggested his previous recommendation about having an outside agency come in and review the issue. He also said it was his job to question and understand the facts.

CFO Kronowski stated that Sayreville was lucky to have its own water and that it is a much cherished asset. He said our water system was built and sized for what we have in our community, the size of industries and number of homes. We can’t go in the middle of the year and turn everything back. You still need the same amount of supplies and materials whether you are pumping two million gallons or seven million gallons of water per day. He said the water rates that support it are unlike that of your regular budget. There are programs that can be cut from the regular budget. The water budget is one item, one service, providing water to its customers. You can’t transfer from any area in the regular budget. The water budget is a separate budget. He said the council needs to look at this as an asset probably as important or second important as Open Space in this town.

Councilman Kaiserman asked if we have another rainy summer season will rates go up again.

CFO said that it is possible, but it would have to drop below last years’ usage figures. He further stated if there is a gain in the surplus that the rates could be rolled back.

Mayor called upon Councilman Bella for a motion.

Councilman Bella stated he struggled very hard with this issue, that he first heard of this issue right after the election. He wants to make sure every dollar is spent wisely and efficiently. He said we would watch the reports monthly, but he cannot in good conscience move this ordinance.

Councilman Perrette moved the Public Hearing be closed and the Ordinance adopted on second and final reading and advertised according to law. Seconded by Councilwoman Siarkiewicz.

Roll Call: Councilpersons Bella, Nay;

Eicher, Nay;

Kaiserman, Nay;

Kelly, Ayes;

Perrette, Ayes;

Siarkiewicz, Ayes.

Clerk Farbaniec announced that there was a tie vote.

Ayes – 3

Nays – 3

Mayor O’Brien voted Ayes and broke the tie, whereby the ordinance passed.

ORDINANCE #117-10

AN ORDINANCE TO SUPPLEMENT AND AMEND

CHAPTER XIV, “WATER & SEWER”, SECTION 16.1

OF THE REVISED GENERAL ORDINANCES OF THE

BOROUGH OF SAYREVILLE, 1986, AS

SUPPLEMENTED AND AMENDED

BE IT ORDAINED by the Mayor and Borough Council of the Borough of Sayreville that chapter XIV “Water & Sewer”, Section 16.1 “Rates for Water Consumed” is hereby supplemented and amended by deleting 14-16.1 and inserting in lieu thereof, the following:

14-16 RATES.

14-16.1 Rates for Water Consumed. The rates for water consumed shall be as follows:

a. For the first one thousand (1,000) cubic feet per quarter, the quarterly payment shall be twenty-three dollars and ninety-five cents ($23.95).

b. For the next ten thousand (10,000) cubic feet or less per quarter, exceeding the minimum charge quantity, thirty-eight dollars and eighty cents ($38.80) per one thousand (1,000) cubic feet.

c. For the next forty thousand (40,000) cubic feet or less per quarter, forty dollars and sixty-five cents ($40.65) per one thousand (1,000) cubic feet.

d. For the next fifty thousand (50,000) cubic feet or less per quarter, forty-two dollars and ten cents ($42.10) per one thousand (1,000) cubic feet.

e. For all water consumed above this quantity, forty-three dollars and seventy-five cents ($43.75) per one thousand (1,000) cubic feet.

A discount of five (5%) percent shall be approved on current bills to senior citizens sixty-five (65) years or older. Proof of age is required to be submitted to the Water Director to be entitled to the senior citizen discount. The senior discount will only apply to residential owner occupied dwelling units.

The rates or charges as set forth above shall be effective March 1, 2010 for all metered customers billed on or after March 1, 2010.

Nicholas J. Perrette, Councilman

(Water & Sewer Committee)

ATTEST: APPROVED:

/s/ Theresa A. Farbaniec /s/ Kennedy O’Brien

Municipal Clerk Mayor

APPROVED AS TO FORM:

/s/ Judy A. Verrone, Esq.

Introduction of the following Ordinances:

ORDINANCE #118-10

AN ORDINANCE AMENDING CHAPTER VII, “TRAFFIC,”

SECTION 7-10.3 “RIGHT TURN ON RED PROHIBITION,”

OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH

OF SAYREVILLE to AMEND TURN restrictionS AT CERTAIN

INTERSECTIONS ALONG WASHINGTON ROAD

Councilwoman Eicher moved the Ordinance be approved on first reading, advertised according to law and a Public Hearing be held on February 22, 2010. Seconded by Councilwoman Siarkiewicz.

Roll Call: Councilpersons Bella, Eicher, Kaiserman, Kelly, Perrette, Siarkiewicz, all Ayes.

ORDINANCE #119-10

AN ORDINANCE AMENDING and supplementing

CHAPTER VII, “TRAFFIC,” SECTION 7-16.8,“Commuter Permit Only Parking Streets,”and SECTION 7-25, “MUNICIPAL PARKING LOTS REGULATED,” to revise certain provisions regulating commuter parking within the Borough.

Councilwoman Eicher moved the Ordinance be approved on first reading, advertised according to law and a Public Hearing be held on February 22, 2010. Seconded by Councilman Bella.

Roll Call: Councilpersons Bella, Eicher, Kaiserman, Kelly, Perrette, Siarkiewicz, all Ayes.

PUBLIC PORTION

Those appearing were:

• Katherine Gabrielescu, Main Street

Questioned what the status was regarding the proposed Trap, Neuter and Release program. She stated that an attorney for a Statewide organization was also present tonight to help with the ordinance and to answer any technical questions anyone may have.

Business Admin. reported an ordinance being discussed at the Board of Health meeting last week along with a secondary ordinance and that at this point in time there has not been any ordinance introduced or proposed to be introduced by any council member. Although one is anticipated over the next few weeks.

Councilwoman Eicher stated that the Board of Health does not need council approval in order to adopt an ordinance.

Attorney Verrone further explained the procedure.

Councilman Bella said the Board of Health is an autonomous body but has no legal counsel. He asked if the borough attorney would be able to advise.

Mayor said that she would be.

Councilwoman Siarkiewicz said that there is an ordinance but before they move it the board is waiting to visit a cat sanctuary in Pennsylvania to see how they would work with the borough.

Business Admin. Bertrand said if the Board of Health wanted to move an ordinance through the Board of Health, they could have a draft of the ordinance e-mailed to himself or the borough attorney’s office for format review.

Councilwoman Eicher said there was an ordinance they were preparing, however, she wanted to see more to the ordinance and was not comfortable sponsoring it.

Councilman Bella said there was a committee on the board of health who drafted an ordinance but thought the issue was that it was not in the proper format.

Mayor asked that the ordinance be provided to the Borough Attorney for her review along with Kathy Gabrielescu.

Mrs. Gabrielescu said that she has been in touch with various state organizations and wanted to provide this contact information to whomever needs it.

Councilwoman Siarkiewicz suggested that they have them come before the next board of health meeting which would be the correct forum for this.

Councilman Kaiserman said he had been in touch with the SPCA and they told him that the TNR program that she was presenting was a positive and humane way of dealing with this situation. He further commented that he would like to see this move forward and stated that he would meet with them and help move the program forward.

• Michelle Lerner, Att’y. Animal Protection League, Englishtown.

Ms. Lerner gave comments about the proposed ordinance. She explained that she is a policy specialist with project TNR and works with Municipal Governments helping to craft humane feral cat management policies and ordinances. Said that 127 municipalities in New Jersey have official Trap Neuter Return programs adopted Ordinances or Resolutions. She said she could also help secure grant money for humane feral cat management. She offered her assistance and would e-mail the packet of information she has on the issue to the clerk for distribution.

Mayor asked that she work with the Board of Health with this project.

• Karen Surrat, Astor Court

Ms. Surratt addressed Councilman Bella about his comments earlier regarding the leasing of piece of property in the Old Bridge section to a resident. She indicated to him that this matter came before the Open Space Committee and their recommendation was not to sell. She felt that he did not respect committee’s recommendation or the time and effort the volunteers put into making these decisions.

Councilman Bella stated that he did consult with the Zoning Officer, Andy Mashanski; Joe Kupsch, Chairman of Open Space; the Engineer and Don Newton, Open Space member, to find out the conditions at the site. They found the site is well maintained, no nuisance just a liability issue with respect to the bocce ball court being on borough property of which they want to purchase. He said there are no plans to do anything with that land. He wants a win – win situation, etc…and that his intent was to help a resident.

Mrs. Surrat said the thinking of the Open space Committee is not to break-up the property for possible future development

Councilman Bella said that leasing the land would not affect future plans.

Mrs. Surrat also commented on the volunteers and the time they give.

• Mrs. Butler, Winding Wood.

Wished to present to the mayor a letter she received from a high school student who interviewed her on her accomplishments and what she has done for winding wood apartment complex.

She questioned the outcome of the Security Ordinance.

Attorney Verrone stated that the Borough and Hillside Estates have negotiated an agreement that will settle the lawsuit that Hillside Estates had filed against the Borough. She stated that the police department and the council have reviewed and approved the proposal. Attorney Verrone explained the proposal to Mrs. Butler.

Mrs. Butler asked if the Council felt this ordinance would help during the summer. She commented about a letter she sent to Hillside Estates about her moving if she wanted to without fear and penalties.

Response by Attorney Verrone that they (Hillside Estates) were amenable to the settlement.

No further questions or comments.

Councilwoman Siarkiewicz moved to close the Public Portion. Seconded by Councilman Kelly.

Roll Call: Voice Vote, all Ayes.

EXECUTIVE SESSION ITEMS (None)

ADJOURNMENT

No further business.

Councilwoman Siarkiewicz moved to adjourn. Seconded by Councilman Perrette.

Roll Call: Voice Vote, all Ayes.

Time: 9:03 PM

SIGNED:

___________________________________

Theresa A. Farbaniec, Municipal Clerk

DATE APPROVED:

_________________________________

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