511 NOVEMBER 9, 2009 – REGULAR MEETING 2009. Regular meeting of the Mayor and Borough Council held on Monday, November 9, Mayor O’Brien opened the meeting at 7:36 P.M. followed by a short prayer and salute to the flag. Clerk Farbaniec announced that this meeting of the Mayor and Council being held on November 9, 2009 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: Councilperson Eicher, Kaiserman, Kelly, Makowski, Siarkiewicz. Absent: Mayor O’Brien and Councilman Drwal Others Present: Business Admin. Bertrand, Municipal Clerk Farbaniec, Borough Attorney Verrone, Engineer Cornell. C.F.O./Treasurer Kronowski, Others Absent: None Acting Mayor Siarkiewicz called for a moment of silence for all those killed and injured at Fort Hood and for all that serve this Country. A moment of silence was observed by all. MINUTES OF THE MAYOR AND BOROUGH COUNCIL Councilwoman Makowski moved the following Minutes of the Mayor and Council be approved, subject to correction if necessary: October 5, 2009 October 5, 2009 October 19, 2009 October 19, 2009 - Agenda Meeting Executive Session Agenda Meeting Executive Session Seconded by Councilman Kelly. Roll Call: Councilpersons Eicher, Kaiserman, Kelly, Makowski, Siarkiewicz, all Ayes. PUBLIC HEARING ON THE FOLLOWING ORDINANCE: ORDINANCE #108-09 AN ORDINANCE AUTHORIZING DONATION AND LEASE OF VEHICLES TO THE VOLUNTEER AMBULANCE SQUADS AND BOARD OF EDUCATION. (Co. Kaiserman, Sponsor – Public Hearing November 9, 2009) WHEREAS, from time to time the Borough of Sayreville has certain vehicles it no longer needs for municipal purposes, and WHEREAS, the Sayreville Emergency Squad and the Morgan First Aid Squad have requested that the Borough consider donating such surplus vehicles to each of them to be used for responding to emergency calls; and WHEREAS, the Sayreville Board of Education has requested that the Borough consider donating such surplus vehicles to the School District for use by the District’s security personnel; and 512 NOVEMBER 9, 2009 – REGULAR MEETING WHEREAS, pursuant to N.J.S.A. 40A:12-21.1, the Borough may sell vehicles no longer needed for municipal purposes to volunteer ambulance or rescue squads such as the Sayreville Emergency Squad and the Morgan First Aid Squad for nominal value, with the limitation that the vehicles shall be used only for the lawful purposes of the volunteer ambulance or rescue squad and not for commercial purposes, otherwise ownership of such vehicles shall revert to the municipality; and WHEREAS, N.J.S.A. 40A:12-14 provides that the Borough may lease such vehicles no longer needed for municipal use to a public body such as the Sayreville Board of Education for nominal value, and such lease shall be in a form acceptable to the Borough Attorney NOW THEREFORE 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: 1. The aforesaid recitals are incorporated herein as if set forth at length. 2. When such surplus vehicles are identified, the Borough hereby expresses its desire to dispose of such surplus vehicles to the Sayreville Emergency Squad and the Morgan First Aid Squad pursuant to the requirements of N.J.S.A. 40A:12-21.1, and to the Sayreville Board of Education pursuant to the requirements of N.J.S.A. 40A:12-14. /s/David Kaiserman, Councilman (Sponsor) ATTEST: APPROVED: /s/ Theresa A. Farbaniec Municipal Clerk /s/ Kennedy O’Brien Mayor APPROVED AS TO FORM: /s/ Judy A. Verrone, Esq. Acting Mayor Siarkiewicz opened the meeting to the public for questions or comments on Ordinance #108-09. No appearances from the public. Councilman Kelly moved to Close the Public Hearing. Councilman Kaiserman commented that it is with great pleasure to support the Board of Education, the Sayreville Emergency Squad and the Morgan First Aid Squad through the adoption of this ordinance. He said that it is extremely important that we support our Board of Education as well as our two great volunteer First Aid Squads and with that he seconded the motion to close the public hearing and further moved to have the Ordinance adopted on Second and final reading and advertised according to law. Second by Councilman Kelly. Ayes. Roll Call: Councilpersons Eicher, Kaiserman, Kelly, Makowski, Siarkiewicz, all Acting Mayor Siarkiewicz also commended the Emergency Squads on an excellent job and believes that this Ordinance will benefit the borough. 513 NOVEMBER 9, 2009 – REGULAR MEETING CONSENT AGENDA COMMUNICATIONS Councilwoman Makowski moved the Consent Agenda Communications be received and filed. Seconded by Councilman Kelly. Councilpersons Eicher, Kaiserman, Kelly, Makowski, Siarkiewicz, all Ayes. CONSENT AGENDA COMMUNICATIONS ADMINISTRATION & FINANCE APPLICATION(S) FOR BINGO/RAFFLE LICENSES a) St. Stanislaus Kostka Holy Name Society to conduct an Off-Premise 50/50 to be held on January 1, 2010 (RA: 1622). - Approved. DONNA M. BRODZINSKI, CTC Requesting a Resolution canceling outstanding taxes on Block 387, Lot 1 and Block 412, Lot 1 assessed to the New Jersey Turnpike Authority, as per the Municipal Auditor. Resolution. REPORT OF CHAIR. PLANNING & ZONING REPORT OF CHAIR. PUBLIC SAFETY REPORT OF CHAIR. PUBLIC WORKS REPORT OF CHAIR. RECREATION REPORT OF CHAIR. WATER & SEWER REPORT OF CHAIR. MAYOR O’BRIEN BUSINESS ADMINISTRATOR'S AGENDA/REPORT Administration & Finance: a. Authorization for Borough Engineer to develop bid specifications and for the Borough Clerk to advertise for bids to lease antenna space on the Bordentown Avenue Water tower. - Authorized by Resolution 2009-111, April 27, 2009. b. Authorization to retain following professionals for work necessary to further the attainment of Borough interest in property located at Block 190 Lot 61 as a result of a Borough storm water management project. 514 NOVEMBER 9, 2009 – REGULAR MEETING 1. Appraisal work to be completed by John Zennario of the Stern and Dragoset Appraisal Group in the amount of $1,750. 2. Survey work to be completed by the Borough Engineer. 3. Title work to be completed by a licensed NJ Title Company through Borough Attorney’s office. - Resolutions 1, 2 & 3. c. Authorization to retain Pamela J. Brodowski of the firm BRB Valuation & Consulting Services to prepare appraisal reports to be used in association with tax appeals filed for properties located at Block 330.03 Lot 1.18, Block 330.04 Lot 1.02, Block 3304 Lots 1.03 & 18, and Block 330.07 Lot 1. The total anticipated cost of such services is not anticipated to exceed $29,500. d. Authorization on the renewal and modification of the Borough’s Employee Medical Benefit Plan with Horizon Blue Cross Blue Shield. e. Authorization on the renewal and modification of the Borough’s Employee Prescription Benefit Plan. - (c-e) Resolutions Public Works: a. Authorization to execute a renewal of the current HVAC Maintenance Contract with Air Systems Maintenance, Inc. of Kenilworth, NJ for an additional 2-year period as permitted under the original agreement. There is no change in the pricing for these services. b. Authorization to execute a renewal of the current Uniform Rental and Cleaning Contract with American Wear of East Orange, NJ for an additional 2-year period as permitted under the original agreement. There is no change in the pricing for these services. c. Authorization to execute an Inter-Local Agreement with Middlesex County to complete line striping of the following roads: 1. Johnson’s Lane 2. Cheesequake Road 3. Pulaski Avenue 4. Deerfield Road 5. North Ernston Road 6. Main Street Extension - a, b & c) Resolutions Recreation: none Water & Sewer: none Public Safety: a. Review of a request from the Volunteer Fire Department to modify the current ordinance specifically in the areas of membership and qualifications. - Referred to Borough Attorney Planning & Zoning: none C.F.O. WAYNE A. KRONOWSKI 1. Budget Transfers 2. Water Rate Review BOROUGH ATTORNEY AGENDA/REPORT 515 NOVEMBER 9, 2009 – REGULAR MEETING BOROUGH ENGINEER AGENDA/REPORT 1) Stevens Avenue Roadway Improvement – Receipt of Municipal Aid Grant (Report Attached) FOR YOUR INFORMATION ADMIN. & FINANCE LEGAL NOTICES RECEIVED Received notice of a Public Hearing to be held regarding the proposed sale of the Civic Square Parking Facility located in New Brunswick to the New Brunswick Parking Authority on Nov. 10, 2009 at 2PM in the Freeholders Meeting Room City of New Brunswick. - Receive & File. PLANNING & ZONING NOTICE TO ADJACENT PROPERTY OWNERS Following applicants to appear before the Planning Board on November 4, 2009 at 7:30 PM, 167 Main Street: a) Application filed by Contractor for property located at 112 and 114 Marsh Avenue seeking a proposed subdivision and variances to obtain property from 112 Marsh Ave. and add to 114 Marsh Ave., remove existing home and build a new 2 story home on 112 Marsh Ave, the same size as 114 Marsh Ave. b) Application filed by Attorney for applicant of property located at Block 25, Lot 1.01, Cheesequake Road – Building “B” seeking approval to amend previously approved preliminary and final major site plan approval to eliminate the requirement of installing a six foot high, vinyl fence around the proposed detention basin and substitute with a split rail fence. - a&b)_ - Receive & File SAYREVILLE PLANNING BOARD Resolution(s) Memorialized on October 21, 2009. a) Bedrock Concrete Corp., Hartle Street, Block 60.06, Lot, Preliminary & Final Major Site Plan. - Receive & File TOWNSHIP OF OLD BRIDGE Notice of Public Hearing on Amendment to Circulation Element of Master Plan – Cross Trails Bike/Pedestrian Pathways Plan. - Receive & File PUBLIC WORKS PUBLIC SAFETY RECREATION MINUTES Board of Adjustment Board of Education (Regular Mtg.)Planning Board - Rec. & File September 23, 2009 October 6, 2009 October 7, 2009 PUBLIC HEARING ON AND APPROVAL OF THE CONSENT AGENDA RESOLUTIONS Acting Mayor Siarkiewicz opened the meeting to the public on Consent Agenda Resolutions. No appearances. 516 NOVEMBER 9, 2009 – REGULAR MEETING Councilwoman Makowski moved the Public Hearing be closed and the Consent Agenda Resolutions be approved on Roll Call Vote. Seconded by Councilman Kelly, COMMENTS: Municipal Clerk called upon CFO Kronowski. Mr. Kronowski asked for a motion to have Resolution #2009-248 Tabled, stating that this Resolution needs further study. Councilwoman Eicher made a motion to remove Consent Agenda Resolution #2009248 from the Agenda. Seconded by Councilman Kelly. Roll Call to remove Resolution #2009-248 from the agenda: Councilpersons Eicher, Kaiserman, Kelly, Makowski, Siarkiewicz, all Ayes. Councilwoman Eicher asked if Resolution #2009-254 was for borough employees as well as retired employees across the board in the borough. Business Admin. stated that it was. Municipal Clerk continued with the Roll Call closing the Public Portion and adopting the Consent Agenda Resolutions, minus the tabled Resolution #2009-248. Councilpersons Eicher, Kaiserman, Kelly, Makowski, Siarkiewicz, all Ayes. RESOLUTION #2009-248 BE IT RESOLVED that the proper Borough officials are herby authorized and directed to cancel all outstanding taxes in the amount of $3,154.04 covering Block 387, Lot 1 and Block 412, Lot 1 in the name of the New Jersey Turnpike Authority, as per the Samuel Klein & Co., Municipal Auditor. /s/ Stanley Drwal Stanley Drwal, Councilman (Admin. & Finance Committee) ATTEST: /s/ Theresa A. Farbaniec Municipal Clerk BOROUGH OF SAYREVILLE /s/ Paula Siarkiewicz Acting Mayor RESOLUTION #2009-249 BE IT AND IT IS HEREBY RESOLVED that the following transfers between 2009 Budget Appropriations be and the same are hereby authorized to be made in the following manner to wit: CURRENT FUND Master Planning Program (1180-165-2-5040) FROM $ 10,000 TO $ Planning Board (1180-155-1-1110) Road Repairs & Maintenance (1290-401-1-1110) 10,000 5,000 Conservation Corp (1385-385-1-1110) 5,000 /s/ Lisa Eicher Counciwolman (Admin. & Finance Committee) ATTEST: /s/ Theresa A. Farbaniec Municipal Clerk BOROUGH OF SAYREVILLE /s/ Paula Siarkiewicz Acting Mayor 517 NOVEMBER 9, 2009 – REGULAR MEETING RESOLUTION #2009-250 AUTHORIZING STERN & DRAGOSET APPRAISAL GROUP TO PROVIDE APPRAISAL SERVICES TO THE BOROUGH OF SAYREVILLE IN CONNECTION WITH MATTERS INVOLVING REAL PROPERTY WHEREAS, the Mayor and Borough Council of the Borough of Sayreville are knowledgeable that the Borough requires the services of an appraiser to provide an appraisal covering Block 190, Lot 61 in the Borough of Sayreville; and WHEREAS, the Laws of New Jersey provide for such services and WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A11-5(1)(a) requires that the resolution authorizing such services without competitive bids must be publicly advertised; and WHEREAS, funds are available for this purpose; NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Borough Council of the Borough of Sayreville as follows; 1. Stern Dragoset Appraisal Group is hereby appointed to provide an appraisal covering Block 190, Lot 61 in the Borough of Sayreville and that he be paid for said services at a fee not to exceed $1,750.00. 2. This appointment is made without competitive bidding as a “professional service” under the provisions of N.J.S.A. 40A11-1, et seq. 3. That a copy of this resolution shall be kept on file with the Borough Clerk. 4. That a copy of this, certified copy be a true copy by the Borough Clerk, shall be published as required by law within ten (10) days from the date of adoption. BE IT AND IT IS HEREBY RESOLVED that the Borough Clerk be and is hereby authorized to forward a true copy of this resolution to Stern Dragoset Appraisal Group, 109 Green Street, Woodbridge, NJ 07095. /s/ Lisa Eicher Councilwoman (Admin. & Finance Committee) ATTEST: BOROUGH OF SAYREVILLE /s/ Theresa A. Farbaniec /s/ Paula Siarkiewicz Municipal Clerk Acting Mayor RESOLUTION #2009-251 BE IT AND IT IS HEREBY RESOLVED that the Borough Engineer is hereby authorized and directed to conduct the necessary survey work associated with the Borough’s attainment of interest in property located at Block 190, Lot 61 as a result of a borough storm water management project and that he be paid for said services at a fee not to exceed $3,000.00. /s/ Lisa Eicher Councilwoman (Admin. & Finance Committee) ATTEST: BOROUGH OF SAYREVILLE /s/ Theresa A. Farbaniec /s/ Paula Siarkiewicz Municipal Clerk Acting Mayor 518 NOVEMBER 9, 2009 – REGULAR MEETING RESOLUTION #2009-252 BE IT AND IT IS HEREBY RESOLVED that the Borough Attorney is hereby authorized to engage the services of Suburban Title and Abstract Company, 75 Essex Street, Hackensack, NJ, for the purpose of conducting a Title Search and Title Insurance; if required, to cover the property acquisition at Block 190, Lot 61. /s/ Lisa Eicher Councilwoman (Admin. & Finance Committee) ATTEST: BOROUGH OF SAYREVILLE /s/ Theresa A. Farbaniec /s/ Paula Siarkiewicz Municipal Clerk Acting Mayor RESOLUTION #2009-253 WHEREAS, the Mayor and Borough Council of the Borough of Sayreville are knowledgeable that the Borough requires the services of an appraiser to provide an appraisal covering Block 330.03, Lot 1.18, Block 330.04, Lot 1.02, Block 330.04, Lot 1.03 and 18, and Block 330.07, Lot 1, ProLogis warehouse properties in the Borough of Sayreville; and WHEREAS, the Laws of New Jersey provide for such services and WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A11-5(1)(a) requires that the resolution authorizing such services without competitive bids must be publicly advertised; and WHEREAS, funds are available for this purpose; NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Borough Council of the Borough of Sayreville as follows; 1. Pamela J. Brodowski, MAI, ASA, CTA of BRB Valuation & Consulting Services is hereby appointed to provide an appraisal covering Block 330.03, Lot 1.18, Block 330.04, Lot 1.02, Block 330.04, Lot 1.03 and 18, and Block 330.07, Lot 1, ProLogis warehouse properties in the Borough of Sayreville and that he be paid for said services at a fee not to exceed $29,500. 2. This appointment is made without competitive bidding as a “professional service” under the provisions of N.J.S.A. 40A11-1, et seq. 3. That a copy of this resolution shall be kept on file with the Borough Clerk. 4. That a copy of this, certified copy be a true copy by the Borough Clerk, shall be published as required by law within ten (10) days from the date of adoption. BE IT AND IT IS HEREBY RESOLVED that the Borough Clerk be and is hereby authorized to forward a true copy of this resolution to Pamela J. Brodowski, MAI, ASA, CTA of BRB Valuation & Consulting Services , 84 West Main Street, Freehold, NJ 07728. /s/ Lisa Eicher Councilwoman (Admin. & Finance Committee) ATTEST: BOROUGH OF SAYREVILLE /s/ Theresa A. Farbaniec /s/ Paula Siarkiewicz Municipal Clerk Acting Mayor 519 NOVEMBER 9, 2009 – REGULAR MEETING RESOLUTION #2009-254 NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the proper borough official are hereby authorized and directed execute the renewal with modification of a Health Benefit Agreement between the Borough of Sayreville and Horizon Blue Cross for borough employees and retirees, effective November 1, 2009 through October 31,2010. /s/ Lisa Eicher Councilwoman (Admin. & Finance Committee) ATTEST: /s/ Theresa A. Farbaniec Municipal Clerk BOROUGH OF SAYREVILLE /s/ Paula Siarkiewicz Acting Mayor RESOLUTION #2009-255 BE IT AND IT IS HEREBY RESOLVED that the proper Borough officials are hereby authorized and directed to execute the renewal with modification of the Prescription Health Benefits Agreement between the Borough of Sayreville and MaxorPlus, Ltd. for a Prescription Drug Program covering borough employees and retirees, effective November 1, 2009 through October 31, 2010. /s/ Lisa Eicher Councilwoman (Admin. & Finance Committee) ATTEST: BOROUGH OF SAYREVILLE /s/ Theresa A. Farbaniec /s/ Paula Siarkiewicz Municipal Clerk Acting Mayor RESOLUTION #2009-256 BE IT AND IT IS HEREBY RESOLVED that the proper Borough officials are hereby authorized and directed to execute the 2009-2010 Castnet Support and Maintenance Agreement between the Borough of Sayreville and Alpha Video, 7711 Computer Avenue, Edina, MN 55435 for support, maintenance and upgrades for a period covering December 1, 2009 through November 30, 2010 for a figure not to exceed $3,459.00. /s/ Lisa Eicher Councilwoman (Admin. & Finance Committee) ATTEST: BOROUGH OF SAYREVILLE /s/ Theresa A. Farbaniec /s/ Paula Siarkiewicz Municipal Clerk Acting Mayor RESOLUTION #2009-257 WHEREAS, on December 17, 2007 the Borough of Sayreville awarded a contract for “HVAC Replacement, Repair and Maintenance” to Air Systems Maintenance, Inc., 718 Jefferson Avenue, Kenilworth, NJ 07033; and WHEREAS, the Borough of Sayreville is desirous of exercising its right to renew the contract for a two-year period at no additional increase in price contained therein; and 520 NOVEMBER 9, 2009 – REGULAR MEETING WHEREAS, Air Systems Maintenance, Inc., has indicated their interest in extending the terms of the aforesaid contract for one additional two (2) year term; 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 abovecaptioned supplier for “HVAC Replacement, Repair and Maintenance” is hereby renewed for one additional two (2) year term at no additional increase in price. /s/Kenneth P. Kelly, Sr. Councilman (Public Works Committee) ATTEST: BOROUGH OF SAYREVILLE /s/ Theresa A. Farbaniec /s/ Paula Siarkiewicz Municipal Clerk Acting Mayor RESOLUTION #2009-258 WHEREAS, on November 21, 2007 the Borough of Sayreville awarded a contract for “Uniform Rental and Cleaning” to American Wear, Inc., 261 N. 18th Street, East Orange, NJ 07017; and WHEREAS, the Borough of Sayreville is desirous of exercising its right to renew the contract for a two-year period at no additional increase in price contained therein; and WHEREAS, American Wear, Inc., has indicated their interest in extending the terms of the aforesaid contract for one additional two (2) year term; 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 abovecaptioned supplier for “Uniform Rental and Cleaning” is hereby renewed for one additional two (2) year term at no additional increase in price. /s/Kenneth P. Kelly, Sr. Councilman (Public Works Committee) ATTEST: BOROUGH OF SAYREVILLE /s/ Theresa A. Farbaniec /s/ Paula Siarkiewicz Municipal Clerk Acting Mayor RESOLUTION #2009-259 BE IT AND IT IS HEREBY RESOLVED that the proper borough officials are hereby authorized and directed to execute an Inter-Local Service Agreement between the Borough of Sayreville and the County of Middlesex for the striping of municipal roadways as outlined in the attached agreement and made a part hereof. /s/Kenneth P. Kelly, Sr. Councilman (Public Works Committee) ATTEST: /s/ Theresa A. Farbaniec Municipal Clerk BOROUGH OF SAYREVILLE /s/ Paula Siarkiewicz Acting Mayor 521 NOVEMBER 9, 2009 – REGULAR MEETING RESOLUTION #2009-260 WHEREAS, the Borough owns certain real property, known as Block 10.03, Lot 4 and Block 16, Lot 1 on the Official Tax Maps of the Borough of Sayreville; and WHEREAS, the URS Corporation on behalf of Hercules Incorporated has requested permission to access Block 10.03, Lot 4 and Block 16, Lot 1 for the purpose of constructing modifications to the existing groundwater recovery system; and NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Sayreville, County of Middlesex and State of New Jersey, that the Business Administrator and the Borough Clerk are hereby authorized to execute the Access Request, substantially in the form attached hereto; and BE IT FURTHER RESOLVED, that the Borough Clerk is directed to provide a certified copy of this Resolution, together with the signed Access Request executed by the Business Administrator and herself, URS Corporation, 335 Commerce Drive, Suite 300, Fort Washington, PA 19034. /s/ Kathy Makowski Councilwoman (Water & Sewer Committee) ATTEST: BOROUGH OF SAYREVILLE /s/ Theresa A. Farbaniec /s/ Paula Siarkiewicz Municipal Clerk Acting Mayor RESOLUTION #2009-261 BE IT RESOLVED, that the Borough Engineer is hereby authorized and directed to prepare plans and specifications for the Stevens Avenue Roadway Improvement Project and that he be paid for said services at a fee not to exceed $45,000.00. BE IT FURTHER RESOLVED that upon approval of said plans and specifications for the project the Borough Clerk is also herein authorized to advertise for the receipt of bids. /s/Kenneth P. Kelly, Sr. Councilman (Public Works Committee) ATTEST: /s/ Theresa A. Farbaniec Municipal Clerk BOROUGH OF SAYREVILLE /s/ Paula Siarkiewicz Acting Mayor 522 NOVEMBER 9, 2009 – REGULAR MEETING RESOLUTION #2009-262 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. ___________Absent__________________ Mayor ______________Absent_______________ Councilman Stanley Drwal /s/ Councilman Kenneth P. Kelly, Sr. /s/ Councilwoman Lisa Eicher /s/ Councilwoman Kathy Makowski /s/ Councilman David Kaiserman /s/ Councilwoman Paula Siarkiewicz Bill list of November 9, 2009, in the amount of $12,944,914.66 (Bill List – See Appendix A for this date, in a separate Bill List File for 2009) Councilwoman Eicher moved the Bill Resolution be approved on Roll Call Vote. Seconded by Councilwoman Makowski. During the roll call Councilwoman Makowski questioned items on the bill list. Response was made by C.F.O. Kronowski. Ayes. Roll Call: Councilpersons Eicher, Kaiserman, Kelly, Makowski, Siarkiewicz, all REPORTS OF THE MAYOR AND COUNCIL ADMIN. & FINANCE And PUBLIC SAFETY – Co. Eicher Councilwoman Eicher questioned the Borough Attorney with regarding conflicts of interest that may affect Councilman Kelly voting on various items being he is a retired Police Officer. Response by Attorney Verrone. Progress. PLANNING & ZONING – Co. Kaiserman Councilman Kaiserman thanked the rest of the council for their support in passing Ordinance #108-09. any. Questioned if there were minutes of the By-Pass Committee, as he has not seen 523 NOVEMBER 9, 2009 – REGULAR MEETING Councilman Kaiserman requested that the Business Admin., the Attorney , the Planning Board Planner along with himself meet and put together a draft of concepts as opposed to an ordinance to present to the particular boards before an ordinance is introduced in order to keep our trees, which would help our environment. He further read a sentence from the New Jersey Municipalities magazine with regard to preserving open space. Progress. PUBLIC WORKS – Co. Kelly Progress. WATER & SEWER – Co. Makowski Councilwoman Makowski stated that she did not understand the lengthy process in adopting the sapling ordinance. Borough Attorney Verrone stated that the Ordinance has been adopted. She stated Councilman Kaiserman is proposing an amendment to that ordinance. Councilwoman Makowski asked Councilman Kaiserman what the discussion was regarding to the ordinance. She stated it is important that his amendment keeps moving forward and does not stall. Discussion continued between Councilman Kaiserman and Councilwoman Makowski continued. Councilwoman Makowski announced that she and Councilwoman Siarkiewicz took the tour of the MCUA and that she was very impressed. Progress. RECREATION – Co. Siarkiewicz Councilwoman Siarkiewicz reported on various Recreation events, trips, and sign-ups. Progress. PUBLIC PORTION At this time Acting Mayor Siarkiewicz opened the meeting to the public for any and all questions or comments. Those appearing were: Katherine Jurkiewicz, President of the Sayreville Emergency Squad. She thanked the Mayor and Council on behalf of the Sayreville Emergency Squad for the adoption of the Ordinance. Thomas Hardy, Morgan First Aid Squad. He also thanked the Mayor and Council for the adoption of the Ordinance. Barbara Kilcomons, 22 Schmitt St. Mrs. Kilcomons congratulated the winners in this past election. She asked the Mayor, Council and Clerk to consider moving some of the Polling Places and that due to the amount of voters in Dist. #31, it should be split. 524 NOVEMBER 9, 2009 – REGULAR MEETING No further questions or comments. Councilman Kaiserman moved to close the public portion. Seconded by Councilwoman Makowski. Roll Call: Voice Vote, all Ayes. 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 approximately5 minutes to discuss the following matters: Pending Litigation 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 Kathy Makowski APPROVED: /s/ Theresa A. Farbaniec Municipal Clerk Councilwoman Makowski moved the Executive Session Resolution be adopted on Roll Call Vote. Seconded by Councilman Kelly. Roll Call: Councilpersons Eicher, Kaiserman, Kelly, Makowski, Siarkiewicz, all Ayes. Time 8:04 P.M. RECONVENE Councilman Kelly moved to reconvene the meeting. Seconded by Councilwoman Makowski. Roll Call: Voice Vote, all Ayes. Time: 8:16 PM. Councilwoman Makowski requested a list of pending items that she still has pending from Attorney Verrone. 525 NOVEMBER 9, 2009 – REGULAR MEETING ADJOURNMENT No further business. Councilwoman Makowski moved to adjourn. Seconded by Councilman Kelly. Roll Call: Voice Vote, all Ayes. Time: 8:22 PM SIGNED: /s/ Theresa A. Farbaniec Theresa A. Farbaniec, Municipal Clerk DATE APPROVED: 12/14/09