MARCH 8, 2010 - Sayreville, New Jersey



CALL TO ORDER

Agenda and Regular meeting of the Mayor and Borough Council held on Monday,

March 8, 2010.

Mayor O’Brien opened the meeting at 6:34 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 March 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 Nancy Kist

Engineer Cornell

C.F.O./Treasurer Kronowski

Others Absent: None

MAYOR O’BRIEN

Mayor O’Brien announced the passing of a good friend of Sayreville, Irv Tischler. He stated that Irv was a friend, resident, fellow school board member, a volunteer, a member of a number of committees and commissions here in town, a veteran and a friend. He stated that he was a good man of solid character and would be missed a lot and that he wanted to note his passing in the official record.

Councilman Perrette called for a moment of silence in the remembrance of Mr. Irv Tischler.

A moment of silence was observed by all in attendance.

OLD BUSINESS:

Municipal Clerk Farbaniec notified the Council that the Flood Damage Prevention Ordinance has been prepared by the Borough Attorney and was referred to the New Jersey Department of Environmental Protection for their review prior to it being introduced.

CONSENT AGENDA COMMUNICATIONS

• ADMINISTRATION & FINANCE – Co. Perrette

#1 APPLICATION(S) FOR BINGO/RAFFLE LICENSES

a) Received from St. Stanislaus Kostka R.C. Church to conduct an Off-Premise 50/50 on

June 26, 2010 (RA: 1635).

b) Received from St. Stanislaus Kostka R.C. Church to conduct an On-Premise 50/50 on

June 23, 24, 25, 26, 2010 (RA:1636).

c) Cancer Institute of New Jersey Foundation to conduct an On-Premise 50/50 Raffle on

April 25, 2010 (RA:1637).

d) Cancer Institute of New Jersey Foundation to conduct an On-Premise Draw Raffle

Tricky Tray) on April 25, 2010 (RA:1638).

(a - d) Approve

# 2 APPLICATION FOR SPECIAL PERMIT FOR SOCIAL AFFAIR

a) Received from St. Stanislaus Kostka Church to dispense wine and beer at their Annual Parish Carnival on June 23, 24, 25, 26, 2010, from 4:30 P.M. – 1:00 A.M.

- a) Approved

#3 TAX ASSESSMENT APPEALS

2010 Direct Tax Appeal and Complaint was received covering the properties listed

below:

Plaintiff Address

Prologis 300-350 Kennedy LLC Blk. 330.04, Lot 1.03 300 & 350 Kennedy Dr.

Prologis 409 Kennedy LLC Blk. 330.07, Lot 1 409 Kennedy Dr.

Prologis 309 Kennedy LLC Blk. 330.03, Lot 1.18 309 Kennedy Dr.

Prologis 200-250 Kennedy LLC Blk. 330.04, Lot 1.02 200 & 250 Kennedy Dr.

Rite Aid Blk. 335.01, Lot 3 3553 Washington Road

- Refer to Tax Counsel.

#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 June 19, 2009.

– Resolution

#5 SOUTH PLAINFIELD PUBLIC SCHOOLS

Requesting surrounding Municipalities and School Boards support them in adopting a Resolution

Requesting Governor Chris Christie reverse his decision to reduce state aid to certain School

districts.

– Hold for additional clarification.

REPORT OF CHAIR. – Councilman Perrette announced that the Admin. & Finance Committee, along with Business Admin. Bertrand and C.F.O. Kronowski, conducted a few committee meetings last week and Saturday covering the borough’s annual budget with progress being made. He said that Wayne Kronowski will be going over it in his report.

• PLANNING & ZONING – Co. Kaiserman

#6 APPLICATION FOR NEW TEMPORARY TRAILER LICENSE

Received from Tru-Val Electric Corp to place two temporary Office Trailers on MCUA

property, Main Street Extension, Blk. 256.01, Lot 3.

- Resolution

REPORT OF CHAIR. – Councilman Kaiserman commented on the passing of Mr. Tischler

stating that he was a fellow committee person who was an extremely honest and good man. He often told him to do the honest thing and vote with your heart and not to worry about who gets upset or not. This is why he makes the decisions that he does today.

He also asked the Clerk if the January 4th meeting minutes had been corrected indicating that the Borough Attorney had contributed to the Republican Organization.

Clerk replied that his correction was noted in the meeting minutes and that he had made the correction comment.

Councilman Kaiserman recommended that the February 3, 2010 minutes of the Planning Board not be received and filed at this time due to the fact that those minutes were not corrected to reflect additional comments made by Mrs. Lee at that meeting.

Councilman Kaiserman handed the Borough Attorney a copy of an e-mail he wanted to make comment on, asking if this matter could be discussed at this time.

Attorney Kist reviewed the e-mail and responded that she was looking at an e-mail sent to Councilman Kaiserman from Mr. Hoebich. Mr. Hoebich said that the prosecutor’s office is conducting an investigation, and in light of that fact, she cautioned anyone against making any public comments at this time.

Councilman Kaiserman thanked the Attorney and reported progress.

#7

• PUBLIC SAFETY – Co. Eicher

Councilwoman reported the Council received a letter from Fire Chief Dunne stating that on Feb. 25, 2010, at 1619 hours, the Say fire dept was dispatched to a structure fire. Upon arrival of the Fire Chief and truck one, a smoke condition was present. Firemen from truck one, Bill Brugnoli, Brian Bielak, Ron Conners, III, Craig Conners, John Dragotta and Vinnie Waranowicz, forced entry through the front door and ascended up the stairs to the second floor bedroom with a hose line and Thermal Imaging Camera. Firefighters R. Conners, Waranowicz and Dragotta began suppression while Firefighters Craig Conners and Brian Bielak scanned the room with the thermal imaging camera where they located a single victim lying on the bed. Firefighters C. Conners and Bielak immediately removed the victim from the smoke filled room to the exterior to an awaiting EMS crew from the Sayreville Emergency Squad where the victim was treated and taken to an area hospital for further evaluation. She said these men, using the training, experience and assistance of modern technology, were able to avert a tragic loss on our borough. Often the outcome was not a positive one as was the case this day. He (Fire Chief Dunne) requested that these men be formally honored with a Unit Citation for their heroics, dedication and commitment to the citizens of the Borough of Sayreville for their actions exemplify the true meaning of a hometown hero. Councilwoman Eicher asked for council approval in the issuance of a citation be issued and presented at the next meeting.

Mayor asked the clerk to make the necessary arrangements.

Councilwoman Eicher also congratulated the Police Department for their apprehension of a person in a homicide investigation on Friday night.

Councilwoman Eicher then publically congratulated and thanked Mr. Bill Blanken for his receiving an award from the New Jersey State First Aid Council, 14th District for his 58 years of volunteer service to the Borough of Sayreville as a first aid member with the Sayreville Emergency Squad.

She then asked if any applications or anything had come before the planning board from the Dwarkadhish Temple. She stated she had visited their web site and saw information on a proposed community center. She became concerned and asked that the council inform them that an application should come before the planning board.

REPORT OF CHAIR.

#8

• PUBLIC WORKS – Co. Kelly

REPORT OF CHAIR.

Thanked the employees of the Public Works Department on the tireless work during the past snow storm.

#9

• RECREATION – Co. Siarkiewicz

Councilwoman Siarkiewicz reviewed the upcoming various recreation programs and events.

Councilwoman Siarkiewicz then announced that The Hair Shop is conducting a fundraiser for pancreatic cancer on June 6th and urged all residents to help support this endeavor.

Councilwoman Siarkiewicz made a motion to appoint Stanley Pilch as the EMS Coordinator for the Office of Emergency Management and the Local Emergency Planning Committee for the Borough of Sayreville.

Motion seconded by Councilman Kelly.

Comments made by Councilman Kaiserman in support of Stanley Pilch and his being very qualified and deserving of this position. Also asked for the other OEM positions which do not have written qualifications also get them.

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

REPORT OF CHAIR.

#10

• WATER & SEWER – Co. Bella

REPORT OF CHAIR.

Councilman Bella offered his condolences to Renee Tischler on the loss of her husband, Irv. He said that he worked with Irv back in the 1970’s when he ran for Council and then the school board. He said he was a good friend and will be missed.

Progress.

#11

• MAYOR O’BRIEN

Mayor O’Brien commented on speaking with the Mayor of Helmetta about shared services. He’s asking the respective business administrators explore where there may be common ground, which there appears to be.

Business Admin. Bertrand explained that he subsequently spoke with the Business Admin. from Helmetta, and it appears that we are in prime position to execute a Shared Services Agreement for the Borough of Sayreville to assume the Construction Department and its functions for the Borough of Helmetta. He explained the basic parameters of the agreement, how it would work, and what Sayreville would gain. He said Helmetta is in the discussion stages and that both communities are in a win-win situation.

Mayor stated he is scheduling a presentation by the Main Street By-Pass Committee to the Governing Body for April 12, 2010.

Mayor stated he sent a memo to the Governing Body about creating more ratables for the borough. In it he asked the governing body to consider referring to the Planning Board parcels the borough owns that are not considered open space. Asked if they would ever be considered open space for development where we could tax it, as borough property produces no income. If there are parcels that could be developed commercially for ratables he’d like to have it explored. He said that with the reduction of most aid coming out of Trenton, it is time for creative thinking and this would create income for the borough. Asked if the Governing Body is in agreement with sending it to the Planning Board for research.

Councilwoman Siarkiewicz moved the resolution if necessary.

Municipal Clerk Farbaniec informed the Mayor that she would have a resolution prepared and listed on the next scheduled meeting agenda (March 22, 2010).

#12

BUSINESS ADMINISTRATOR'S AGENDA/REPORT

Administration & Finance:

a. Authorization to execute a required Municipal Services Reimbursement Contract with La Mer V Condominium. This standard agreement provides for reimbursement of costs associated with eligible services such as garbage and snow removal as well as street lighting.

- Resolution

b. Library Board of Trustees is awarding contract for Sayreville Public Library –

Restroom Renovations to the lowest responsible bidder, Brian Patterson Mechanical

Contracting, 5 Cindy Lane, Ocean Twp., NJ.

Councilwoman Siarkiewicz remembered another event taking place at the Library this Saturday – A Meet and Greet to view and discuss the changes they have made and will be making.

Public Works-

a. Review of upcoming Public Service Electric & Gas line work that is scheduled to take place in the future.

b. Request from Jersey Central Power & Light Company to land a

helicopter at their facility on River Road in order for them to perform the

necessary areal line work throughout the borough. He will have it cleared

with the Police Department.

- Approved.

Recreation:

a. Authorization to establish a Summer Volleyball Camp program and the associated fees for children from 2nd to 8th grade. The fee for this activity will be $80 per participant in the 4-day program. This program will run in conjunction with the previously established Soccer and Basketball Camps.

- Resolution

Water & Sewer:

a. Authorization to extend the existing contract for the purchase of hydrated lime with Carmeuse Natural Chemicals, from Pittsburgh, PA for an additional one-year period as provided for in the original contract. The contract will extend through March 31, 2011 with no change in the current pricing.

- Resolution

Public Safety: none

Planning & Zoning: none

Personnel: Closed Session items.

#13

• C.F.O. WAYNE A. KRONOWSKI

1. Budget Workshop Meetings – Discussion.

March 11, March 15, March 16, 2010 at 6:30 PM. Clerk to advertise.

2. Transfer Resolution

3. Ordinance to increase Appropriation CAP from 0% to 3.5% - Discussion.

4. Approval of Bills

- Resolution

• BOROUGH ATTORNEY AGENDA/REPORT

- One Items for Closed Session – Litigation.

• BOROUGH ENGINEER AGENDA/REPORT

(None)

Councilman Perrette asked the Borough Engineer if he could have an update on the progress on the Main Street and White Oaks Drive intersection for the next meeting.

FOR YOUR INFORMATION

• ADMIN. & FINANCE

#1 NJ TRANSIT PUBLIC HEARING NOTICE

Notice of hearings scheduled on proposed changes to Bus, Rail, Light Rail, Access Link and Bus Contract, Carrier’s Fares, Fare Policies and Service Levels.

(Notice in packet & bulletin board).

• PLANNING & ZONING

#2 NOTICE TO ADJACENT PROPERTY OWNERS

Notice of hearing before the Sayreville Planning Board

scheduled for March 17, 2010:

a) Application made by Bedrock Concrete Corporation seeking approval for preliminary and

final site plan approval to develop property as one - story building for office/warehouse/flex

space in a SED Zone. Property known as Block 60.06, Lot 2, 601 Hartle Street.

- Receive & file.

#3 TOWNSHIP OF EDISON

Received copy of Resolution opposing S-82 and A437 bill, which effectively modify the “time of decision” rule and grants protection to the applicant whose application is being

considered by the municipal Planning or Zoning Board of Adjustment.

- Receive & file.

• PUBLIC WORKS

• PUBLIC SAFETY

• RECREATION

#4

MINUTES Rec. & File

Board of Adjustment - January 27, 2010 Re-Organization

- January 27, 2010 Regular Meeting

Environmental Commission - January 5, 2010 & February 3, 2010

Planning Board - February 3, 2010

Shade Tree Commission - February 18, 2010

Sayreville Housing Authority - February 9, 2010

NEW BUSINESS

• Ordinance for discussion:

ORDINANCE #_______

AN ORDINANCE AMENDING and supplementing

CHAPTER IX, “ANIMAIL CONTROL,” to prohibit the

care and feeding of unlicensed cats and requiring

the removal of feral cats from larger properties.

Mayor O’Brien asked Joe Notarangelo, President of the Board of Health to come forward and brief the Council on this ordinance. Mayor stated that this ordinance is the work of Board of Health as it is their function.

Joe Notarangelo identified himself as the President of the Board of Health.

He said this issue was brought to the attention of the Board of Health by the Animal Control Office as to the problem with feral cats. Stated that the Animal Control Officer captured 153 feral cats in five months, which brought our animal shelter to a point that they no longer accept any more cats from Sayreville. It became apparent that the Board of Health needed to look into this problem which brings us to the ordinance they want to vote on. He said they formed a sub-committee to look into the problem and bring a solution to the board. They submitted a report. He said he took it upon himself to do some research on his own, contacting the State and County Agencies, along with towns, and got a mix of ideas and solutions.

The subcommittee researched the TNR (Trap Neuter Release) program, which is a program where the cats are trapped, taken to the shelter to be altered, then released. The Animal Control Officer reported his findings back to the board, which then decided that it would be in the best interest of the borough to put an ordinance in place controlling the feral cat population. He explained the Board of Health’s decision on choosing the removal to an animal shelter as opposed to the TNR Program.

Councilwoman Eicher said that at the last meeting there was a lady present from the Animal Protection League and the Mayor asked that she speak to the Board of Health which she did not do. Councilwoman Eicher said she thought it would be in everyone’s best interest if she would come back here and give her expert opinion.

Mayor O’Brien explained the process. Stated tonight it would be discussed then placed for introduction on the next agenda, if all agreed, followed by the second reading and public hearing at the following set of meetings. This person will have the opportunity to talk about this issue.

Councilman Bella stated that previous to him being a Councilman he was a member of the Board of Health and at that time they engaged with the TNR group. Asked what the result of that negotiation or conversation was.

Board of Health President Joe Notarangelo stated they invited Kathy from Whisker’s Rescue to explain the TNR program. He said they met with a couple of times. He said the sub-committee felt that this program would not work in our town. Before they made this decision they contacted County, State and Local Agencies and they agreed. Then they made the decision on the program that they felt would fit.

Councilman Bella stated that then Whisker’s withdrew from working with us.

Mr. Notarangelo stated that he felt that she did not have a problem with the ordinance as a whole but the portion limiting the number of registered domestic animals per residence. He explained why they came up with the decision they made.

Councilwoman Eicher asked why they felt TNR would not work in Sayreville.

He explained the issue the Board of Health had with releasing the cats back into the neighborhood. He said they had engaged with a sanctuary in Pennsylvania, but they pulled out. He explained that the lady from the sanctuary was being harassed and decided not to get involved.

Councilman Kaiserman questioned what would happen if the resident received a fine for violating the ordinance, did not comply or pay the fine, and where the cats would be impounded at.

Mr. Notarangelo explained that the Animal Control Officer would be going out again to revisit the situation and additional fines would be imposed. The Business Admin. further stated that it would then become a court matter and handled by the court. Mr. Notarangelo stated the cats/animals would go to the animal shelter that the Borough has a contract with.

Councilman Perrette asked what we do with the over-flow.

Business Admin. stated that we have a 120 day contract with Blumig Kennels while we prepare a formal process for Shelter Services.

Councilman Perrette asked Mr. Notarangelo about the ordinance, how many pets per residence, about how many wild animals. It seems to be two different areas in the same ordinance.

Mayor stated this was the original ordinance that was amended to include the fines and commercial properties.

Further comments by Business Admin. Bertrand.

Councilwoman Eicher expressed her concerns about the two issues, the outside colony, inside cats, and which the resident would choose to license.

Mayor asked if there were any objections to the Ordinance being placed on the March 22, 2010 meeting for introduction and that anyone wishing to comment on this, or any other items, may do so during the public portion.

RECESS

Mayor O’Brien called for a 20 minute recess in order for the clerk to prepare a list of action items to be added to the agenda.

Time: 7:26 P.M.

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

Roll Call: Voice vote, all Ayes.

RECONVENE

Time 7:42

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

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

ACTION ITEMS:

APPROVAL OF MINUTES OF THE MAYOR AND COUNCIL

Councilwoman Siarkiewicz made a motion to approve the following Minutes of the Mayor and Council be approved on Roll Call Vote, subject to correction if necessary.

➢ January 11, 2010 - Regular Meeting

➢ January 11, 2010 - Executive Session

➢ January 25, 2010 - Regular Meeting

Seconded by Councilman Kelly.

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

CONSENT AGENDA COMMUNICATIONS

Councilwoman Siarkiewicz moved that Consent Agenda Communications discussed earlier 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 questions or comments on the Consent Agenda Resolution #’s 2010-63a – 2010-69.

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 voted Ayes on all except Nay on 2010-63a;

Councilwoman Eicher votes Ayes on all;

Councilman Kaiserman voted Ayes on all except Nay on 2010-63a;

Councilman Kelly voted Ayes on all;

Councilman Perrette voted Ayes on all;

Councilwoman Siarkiewicz voted Ayes on all.

RESOLUTION #2010-63a

WHEREAS, Senate Bill 458 calls for a referendum to consolidate the municipal tax assessor, municipal tax collector, municipal health services and municipal animal control services at the county, and;

WHEREAS, Senate Bill 458 does not give the municipality any option if the county voters cast a majority to consolidate, and;

WHEREAS, consolidation would cause unnecessary hardship on citizens who rely on the municipal tax office for information and assistance, particularly the community’s senior citizens who depend on tax offices for assistance in completing tax freeze and rebate forms. Without proper study there is no proof that consolidation will save any public money, and;

WHEREAS, Senate Bill 458 calls for a master plan for the consolidation of the tax assessment and tax collection functions after enactment of the proposal without giving the public the opportunity to review and comment on the proposed master plan, and;

WHEREAS, current state statutes place responsibility for tax assessment and tax collection under municipal jurisdiction, and;

WHEREAS, it is the municipalities responsibility to collect all property taxes due and distribute same to the other taxing authorities, as well as enforcing laws on delinquents, and;

WHEREAS, current statute provide for the reserve for uncollected taxes to be included in the municipal budget;

NOW, THEREFORE, BE IT RESOLVED that the governing body of the Borough of Sayreville does hereby oppose the passage and enactment of Senate Bill 458.

BE IT FURTHER RESOLVED that a certified copy of this resolution be sent to Senate President Stephen Sweeney, Senator Jeffrey Van Drew, Chairman of the Community & Urban Affairs Committee and Senator Joseph F. Vitale representing this district as a sign of our opposition to this proposal.

/s/ Nicholas J. Perrette, Councilman

(Admin. & Finance Committee)

ATTEST: BOROUGH OF SAYREVILLE

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

Municipal Clerk Mayor

RESOLUTION #2010-63

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 June 19, 2009, in the total amount of $3,767.40 due to the approval by the Tax Assessor of a 100% Disabled Veteran’s Tax Deduction covering Block 435.01, Lot 25, 102 Merritt Avenue.

/s/ Nicholas J. Perrette, Councilman

(Admin. & Finance Committee)

ATTEST: BOROUGH OF SAYREVILLE

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

Municipal Clerk Mayor

RESOLUTION #2010-64

WHEREAS, the following applicant has applied for one trailer license to be used as temporary housing due to fire:

APPLICANT #OF TRAILERS LOCATION

Tru-Val Electric Corp. 2 Temporary Trailers MCUA Main St. Ext.

(Office Use) Block 257 Lot 1A

WHEREAS, said application has been referred to the proper department for investigation and review; and

WHEREAS, a favorable report has been received from the Zoning Officer covering the location of a said trailers;

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council do hereby approve the above-captioned application for permission to locate three trailers for temporary storage, office/storage and engineer’s office use on the above-captioned property.

/s/ David Kaiserman, Councilman

(Planning & Zoning Committee)

ATTEST: BOROUGH OF SAYREVILLE

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

Municipal Clerk Mayor

RESOLUTION #2010-65

BE IT AND IT IS HEREBY RESOLVED that the proper borough Officials are hereby authorized and directed to execute a “Qualified Private Community Services Agreements” between the Borough of Sayreville and LaMer V Condominium Association for costs associated with all eligible services and that this agreement shall be self renewing from the date of issue.

/s/ Nicholas J. Perrette, Councilman

(Admin. & Finance Committee)

ATTEST: BOROUGH OF SAYREVILLE

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

Municipal Clerk Mayor

RESOLUTION #2010-66

BE IT AND IT IS HEREBY RESOLVED that the following Recreation Program fees are established and sponsored by the Recreation Department:

• Summer Volleyball Camp

Three (3) Day Program - $80.00 Per Participant

/s/ Paula Siarkiewicz, Councilwoman

(Recreation Committee)

ATTEST: BOROUGH OF SAYREVILLE

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

Municipal Clerk Mayor

RESOLUTION #2010-67

WHEREAS, on March 23, 2009 the Borough of Sayreville awarded a

contract for “Water Department Chemicals - Hydrated Lime (Bulk)” to Carmeuse Lime, Inc., 11 Stanwix St., Pittsburg, PA 15222; and

WHEREAS, the Borough of Sayreville is desirous of exercising its right to renew the contract for another one-year period at no additional increase in price contained therein; and

WHEREAS, Carmeuse Lime, Inc., has indicated their interest in extending their terms of the aforesaid contract for one (1) additional year;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Sayreville that the terms and conditions of the current contract with the above-captioned supplier for “Water Department Chemicals - Hydrated Lime (Bulk)”

is hereby renewed for one additional year period at no additional increase in price.

/s/ Frank J. Bella, Councilman (Water/Sewer Committee)

ATTEST: BOROUGH OF SAYREVILLE

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

Municipal Clerk Mayor

RESOLUTION#2010-68

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) $ 15,000 $

Public Buildings & Grounds

(1310-150-1-1302) 7,000

Fire Department

(1265-301-2-2040) 8,000

_______

$ 15,000 $ 15,000

/s/ Nicholas J. Perrette, Councilman

(Admin. & Finance Committee)

ATTEST: BOROUGH OF SAYREVILLE

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

Municipal Clerk Mayor

RESOLUTION #2010-69

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 March 8, 2010, in the amount of $6,480,436.27

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

Public Hearing on Ordinances: (None)

ORDINANCES FOR INTRODUCTION:

ORDINANCE #120-10

CALENDAR YEAR 2010 ORDINANCE TO

EXCEED THE MUNICIPAL BUDGET APPROPRIATION

LIMITS AND TO ESTABLISH A CAP BANK

(N.J.S.A. 40A: 4-45.14)

Councilman Perrette moved the Ordinance be approved on first reading, advertised according to law and a public hearing to be held on March 22, 2010. Seconded by Councilwoman Siarkiewicz.

Roll Call: Councilpersons Bella, Eicher, Kaiserman if for emergency use only, Kelly, Perrette, Siarkiewicz, all ayes.

PUBLIC PORTION

Mayor asked anyone with issues on the cat ordinance to come forward first.

Those appearing were:

• Kathy Gabrielescu, Whiskers Rescue, Inc.

Commented that there were major issues with the ordinance in counting feral cats as pets. She said her offer would still stand if the borough were to pass an ordinance for Trap Neuter Release, funding and volunteers are available.

Mayor replied that it was his understanding that the County did not sanction the TNR program, and this was one of the primary reasons why the Board chose the route they did.

She commented on the two other towns in the county who chose to TNR despite that fact. They did attempt to bring in Michelle Lerner to assist in writing an ordinance. She also commented about the rabies issues and the amount of money being spent on the Kennel.

Mayor commented on the Ordinance and the number of pets to be licensed. He said they did not have a problem with Whiskers helping the residents that requested help.

Mrs. Gabrielescu commented that the ordinance would be a deterrent from people being proactive and reaching out for help.

Mayor told Mrs. Gabrielescu that no one would stop her from what she has been doing for the past 9 years. He said that the only thing the Board of Health was not looking to do was raise the number of allowable pets and that they were not going to officially sanction TNR in the borough as a solution.

Comments made by Councilman Bella regarding certain sections of the ordinance.

• Janet Novak, South Amboy

Commented in favor of Whisker’s Rescue and the TNR Program. She explained how she felt the program helped South Amboy.

Response by Mayor O’Brien and Business Admin. Bertrand.

• Mr. Gabrielescu, 200 Main Street

Commented on the problems he has with the ordinance as opposed to TNR Program and Whisker’s Organization continuing the work without the borough’s sanctioning the program.

Mayor responded that the council is going to support the Board of Health and their recommendation.

Mayor asked Mr. Joe Notarangelo to once again explain the Board of Health’s opinion about the TNR Program, the Ordinance and their research. The Mayor also asked that he set up a meeting with Kathy Gabrielescu tonight before we leave. Joe Notarangelo came up and supplied the requested information. He also stated they never stopped them from handing out their information pamphlets on their program.

The Business Admin. also explained that they do not want to sanction cat colonies. He also explained the County and State’s position on TNR, of which they do not take any position on that, it is up to the local jurisdiction.

Further comments made by Kathy Gabrielescu.

• Dr. Chiosi, Vet. Sayrebrook Animal Hospital.

Commented on euthanasia and the reason for no longer doing business with Sayreville and gave his opinion on the TNR Program along with the Ordinance.

Mayor responded that the borough is not stopping anyone from what they have been doing for the past number of years.

Councilman Bella asked if Dr. Chiosi could put together some suggestions that could work on both sides and submit it to the Board of Health.

Councilman Kaiserman asked if Dr. Chiosi ever appeared before the Board of Health as a Medical Expert and if not perhaps they should invite him for his pro or con opinions. He also asked if we could add to the ordinance, requiring the shelter we are using now to not euthanize.

Mayor stated that we would have no place for the cats to go and that we are putting together an RFP for those services.

• Maureen Strugala, Washington Road

Commented that she felt TNR works and suggested that everyone use Whiskers resources.

• Mr. Gabrielescu, Main Street

Commented to the Mayor that he is creating an ordinance enabling a very restrictive administration.

Mayor asked Board of Health President to reiterate the ordinance, which he did, followed by comments from the Business Admin. regarding their standpoint regarding the borough trying to find a balance.

• Kathy Gabrielescu,

Suggested Sayreville adopt the same thing that South Amboy did.

Mayor again stated that the borough is not stopping Whisker’s from what they are doing and to keep up the good work.

• Janie Dell, Parlin

Commented about the ASPCA coming to her friend’s house unannounced.

Mayor asked what town. She replied Madison Park. The Mayor told her that was Old Bridge Twp. not Sayreville and suggested that she call the Twp. Of Old Bridge.

• Judith Caroselli, 17 Cheltenham Place.

Asked if she took care of cats if there would be someone someday at her door to fine her and pick-up the cats.

Mayor said not from the Borough of Sayreville.

• Mr. Passman, Boehmhurst & 6th Street

Commented on people who have animals and do not take care of them and that the onus is on the owner not the town.

Mayor asked if there were any other questions or comments.

Those appearing were:

• Nellie Malet, MacArthur Avenue

Questioned what the status was on the No Turn on Red sign on MacArthur Avenue being removed.

Mayor said this Ordinance was subject to County approval which apparently is not forthcoming.

• Debbie Sulavic, Woodlawn Avenue

Stated that she had previously appeared before the council about the noise coming from Club 35, which quieted down for a while. Now, again, especially on March 2 and March 4, the noise was atrocious along with issues on the days following.

Mayor asked that every time there was a complaint or problem he needs her to register it with the Police Dept. so there could be a case lot file created on the establishment, which will be considered on renewal time in June.

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

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 30 minutes to discuss the following matters:

• Personnel

• Litigation Victory entertainment

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 8:50 P.M.

RECONVENE

Councilwoman Siarkiewicz moved to reconvene the meeting. Motion seconded by Councilman Kelly.

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

Time: 9:19 P.M.

ADJOURNMENT

No further business.

Councilwoman Siarkiewicz moved to adjourn. Motion seconded by Councilman Perrette.

Roll Call: Voice Vote, all Ayes.

Time: 9:19 PM

SIGNED:

_______________________________

Theresa A. Farbaniec, Municipal Clerk

DATE APPROVED:__________________

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