JANUARY 11, 2010
AGENDA/ REGULAR MEETING / 1

Agenda and Regular meeting of the Mayor and Borough Council held on Monday, January 11, 2010.

Mayor O’Brien opened the meeting at 6:34 P.M. followed by a short prayer and salute to the flag.

Clerk Farbaniec announced that this Agenda and Regular Meeting of the Mayor and Council being held on January 11, 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: 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

Mayor O’Brien asked the Borough Attorney to explain the format of the meetings going forward, as we are using a new format this year.

Attorney Verrone stated that this is a combined Agenda and Regular meeting; the first half will be dedicated to discussion items, just as they would at any separate agenda meeting. She went through the agenda and gave examples.

Business Admin. Bertrand gave examples on the Resolution process.

Mayor O’Brien stated that as a policy all things that are not routine in nature will be discussed that night but will be held over for the next set of meetingsin order to have public review and participation in the process, unless it is of emergent nature or time sensitive.

Business Admin. gave further examples of items being held for the next round of meetings and how they would be placed on the agenda “score card” or list.

COMMUNICATIONS AND COMMITTEE REPORTS

  • ADMINISTRATION & FINANCE

Item #1)

APPLICATION(S) FOR BINGO/RAFFLE LICENSES

a) Morgan Parlin Panthers Football Club to conduct an Off-Premise 50/50 to be held on

October 13, 2010 (RA: 1628).- a) Approved.

b) Sayreville War Memorial High School Choral Parents Ass’n. to conduct an On-Premise 50/50 to be held on February 12, 2010 (RA:1629). - b) Approved.

c) Sayreville War Memorial High School-Choral Parents Ass’n. to conduct an On-Premise Draw (Tricky Tray) to be held on February 12, 2010 (RA:1630). - c) Approved.

Item #2)

APPLICATION FOR BARBER/BEAUTY SHOP LICENSE

Received an application to locate a Beauty Shop at 989 Route 9 No., to operate 7 chairs.

- Resolution #2010-22 to be placed on the Consent Agenda.

REPORT OF CHAIR.

Water Analysis Report given by Councilman Perrette. Giving a comparison on rental water use and the number of meters as opposed to homeowners. He indicated that the homeowner will be paying for rental water usage in their tax bill along with their own. He stated he did this analysis in order to help the public understand the need for the water rate increase, because if this does not get passed,any increase will appear in the tax rate and everyone will pay if you use it or not.

Mayor O’Brien made another comparison with the amount of renters in Winding Wood - 74% of the people living there would not be affected by any increase on the tax bill.Therefore, they would not be paying their fair share for usage.

Councilman Perrette stated that by not passing an increase in the water rate and by putting on the tax levy cap you are only limited as to how much you could increase that tax each year and if that has to be subsidized by the homeowner there may be other services that are not going to be able to be funded.

Councilman Kelly stated that this was originally set at about 40% and is now around 18%.

CFO Kronowski stated that based upon the final two months of revenue collections in 2009, and cost reductions thus far in 2010,the increase would be 19%. He stated that Co. Perrette, Co. Bella, the Business Admin. along with himself met and are looking at other areas in order to bring down this increase. He said they are hoping to meet again next week.

Business Admin. stated that if they wait to increase the rate until the middle of the year you would have to double the amount because of the time period being compressed.

Councilman Kaiserman stated the increase was supposed to be 20% at the end of last year and another 20% at the beginning of this year for a total of 40%. He questioned how the problem fixed itself to now be 18%?

CFO Kronowski explained that last year the calculations, based upon the rate of revenue and the anticipated appropriation needed in 2010, was calculated to be about a 40% increase. With a better than expected revenue collection in November and December, capped with the fact that we pared down appropriations even further, we are now at a 19% rate increase.

Councilwoman Siarkiewicz stated that in November we were only going to increase it 20% and wait to see how the beginning of the year would go, then consider if we needed the additional 20%.

Business Admin. stated they were still looking into other areas in order to lower the amount of the increase.

Councilman Bella saidhe agrees that the increase should stay with water and not in general revenue. However, he has an issue that one of the first things he would vote on as Councilman would be an increase. He said he spoke with the Borough Engineer for some input, he met with Councilman Perrette, CFO Kronowski and the Business Admin. on Friday to go over the water rate issue. He said he met with Mr. Triolo, the Water and Sewer Director, to get his aspect and to get a sense of the operation in his department. He said he is going to try as the Chairman of the Water & Sewer Committee to look into this, see what the issues are, and try to solve the problems correctly so that this does not happen again. He stated that his department is ran very lean and efficiently and there doesn’t seem to be a lot of areas to cut, but he would still have a hard time voting for a 20% water rate increase.

Councilman Perrette moved the following reports be received and filed:

Municipal Clerk’s Report for months of October, November & December, 2009.

Investment Report for the months of October & November, 2009.

Seconded by Councilman Kelly.

All Ayes.

PLANNING & ZONING – Co. Kaiserman

Councilman Kaiserman moved the following monthly reports be received & filed:

Construction Official’s Report for the months of October, November & December, 2009.

Seconded by Councilwoman Siarkiewicz.

All Ayes.

Councilman Kaiserman asked if the video from the last meeting could be played this week and next week, inasmuch as it did not run last week.

Response by Business Admin. Bertrand that the video from the last meeting aired on Friday and Sunday and could be aired again this week if the council would tell what days they prefer.

Mayor said to pick three time slots and run the video.

Item #3)

JOHN LEONCAVALLO, P.P., CLA.

PLANNING BOARD PLANNER

Suggested that a new zone be created called the Light Industrial/Business Service Overlay Zone along a portion of Bordentown Avenue, as previously discussed.

Councilman Kaiserman asked the Mayor what the disposition was for the Over Lay Zone and what he wanted him to do with it, does he want to see this Ordinance pass or….

Mayor asked the Engineer to explain it to the Council.

Engineer Cornell stated that in the summer of 2008 the owner of Floralscapes (Mr. Marcinczyk) on Bordentown Avenue, in the vicinity of the “S Curves” wrote a letter requesting that portion be rezoned because there are a number of businesses, the Dance Stop, the trucking company, and others,that requested to be taken out of the residential zone and placed in a business zone so they would be permitted uses as opposed to non conforming uses. This issue was referred to the Planning Board and the Planning Board spent about a year going back and forth as to how to address that concern. The recommendation from the planner was to create an overlay zone where residential properties would still be permitted but you would also have business properties in that zone. He said that the Planning Board held a public hearing with the residents and the recommendation from the board was to create this overlay zone.

Mayor asked if there were any questions or objections from the governing body to have an ordinance creating this overlay zone.

None.

Mayor instructed the Borough Attorney to prepare an ordinance for the next meeting.

- Ordinance .

Progress.

PUBLIC SAFETY - Co. Eicher

Councilwoman Eicher asked if this would be the only time she had to speak during this format of the agenda.

Response by Business Admin.

Councilwoman Eicher moved the following monthly reports be received & filed:

County Health Inspector Report for the months of October & November, 2009;

Registrar’s Report for the months of October & November, 2009;

Court Admin. Report for the months of October, November & December, 2009;

Fire Prevention Report for the months of October, November & December, 2009.

Seconded by Councilwoman Siarkiewicz.

All Ayes.

Councilwoman Eicher questioned the status of the study on One Way Streets.

Councilwoman Eicher made a motion to have the Clerk send a letter to Cablevision requesting the residents be reimbursed due to the fact that they are not receiving HGTV and the Food Network for the period of time they are off the air. She said that Ramapo was requesting $4.00 per day.

Mayor directed the Business Admin. or the Attorney to get the appropriate letter from the entire governing body prepared.

Attorney Verrone asked if he wanted a Resolution or a letter. She suggested that if the council would direct her she would prepare a letter requesting Cablevision provide a refund to the users of Cablevision in Sayreville with respect to the two channels that no they are no longer able to receive and if they wanted to use the model figure that Ramapo used she will prepare the letter and the Business Admin. will send that out.

All agreed.

Item #4)

REQUEST FOR COIN TOSS

Received from:

a) Animal Rescue Force, Inc. to solicit funds at the intersection of Washington Road and Ernston Roadon September 25 & 26, with a rain date of October 9 & 10, 2010. (County Approval Received).

– a) Approved.

b) Morgan Hose & Chemical Co. No. 1 to solicit funds in the area of Route 35 & Old Spye Road on

May 12, June 12, July 10, Aug 14, Sept. 4, 2010. (Sent letter to Fire Co. last year advising

they must choose one (1) date. [Need a policy or ordinance.])

- b) Clerk to call Fire Chief and find out if he has any concerns about the one fire co. having six dates.

MELROSE HOSE COMPANY NO. 1

At their November 2, 1009 meeting they accepted Andrew Fedorkaas an associate member. Requesting borough approval.

- Approved.

Progress

  • PUBLIC WORKS – Co. Kelly

Councilman Kelly moved the following monthly reports be received and filed:

Buildings & Grounds Supervisor’s Report for the months of October, November & December, 2009;

Sanitation Supervisor’s Report for the months of October, November & December, 2009s;

Parks Supervisor’s Report for the months of October, November & December, 2009;

Garage Service’s Supervisors Report for the month of October, November & December, 2009;

Road Dept. Supervisor’s Report for the months of October, November & December, 2009;

Recycling Coordinator’s report for the month of November, 2009.

Seconded by Councilwoman Siarkiewicz.

All Ayes.

REPORT OF CHAIR.

Councilman Kelly reported that the Clerk received a letter dated December 21, 2009 from the State Dept. of Transportation advising that the Borough will be receiving a Grant in the amount of $185,000. from the NJ Dept. of Transportation Safe Streets to the transit program on Ernston Road Pedestrian Improvement Project.

Councilman Kelly reported that he went out with Dept. of Public Works Director to inspect various ongoing icing conditions in the borough. He said they are being worked on at this time.

Reported various complaints on the limited hours at Fort Grumpy. He said this was done to get spending under control and that positions are not being replaced through attrition, so we need to use some of those people in other areas.

He announced he is very pleased with the performance of the public works dept. and their performance during the last snow storm.

He then announced that he saw in the newspaper last week that South Amboy Train Station opened and they plan on having 800 – 900 new parking spaces. He expressed his concerns with the bus shuttle.

Progress.

  • WATER & SEWER – Co. Bella

Councilman Bella moved the following monthly reports be received & filed:

Water & Sewer Director’s Report for the months of October, November & December, 2009.

Seconded by Councilman Perrette.

All Ayes.

Progress.

REPORT OF CHAIR.

Mayor asked for a timeline when we should take action on the water rate ordinance.

CFO Kronowski stated that he felt it should be introduced at the next meeting on January 25th and the Public Hearing and Adoption on February 8th.

Councilman Bella stated that he was still waiting for a few reports from the Business Admin. and Wayne.

C.F.O. Kronowski stated that he was assuming they would be having another committee meeting between now and then so they could go over everything.

Mayor asked Councilman Bella if he would have an objection and if he would have an ordinance prepared for introduction at the next meeting.

Discussion.

Councilman Kaiserman stated that he was also waiting for additional information.

Discussion.

  • RECREATION – Co. Siarkiewicz

Councilwoman Siarkiewicz moved the following monthly reports be received & filed:

Recreation Director’s Report for the months of October and November, 2009.

Office on Aging Director’s Report for the months of October and November, 2009.

Seconded by Councilman Kelly.

All Ayes.

Councilwoman Siarkiewicz announced the County of Middlesex has awarded a Grant to Elyse Barone of the Sayreville Municipal Alliance for Family Education in the amount of $36,442.00 to supply substance abuse programs to the families of Sayreville. She thanked her for her diligent hard work on this annual grant.

She then requested the Attorney prepare a Resolution opposing the Budget Bill, requiring municipalities and local authorities to submit a report of lawsuits to which they are party to before their budget is approved.

Mayor suggested a letter. All approved.

Councilwoman than wished Jerry Ust the Recreation Director a speedy recovery from his shoulder surgery.

REPORT OF CHAIR.

  • MAYOR O’BRIEN

Mayor O’Brien made the following appointments:

Borough Council Members of Sayreville Economic & Redevelopment Agency

Councilman Kenneth P. Kelly – Council position

Councilwoman Paula Siarkiewicz – Council position

Motion seconded by Councilman Perrette.

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

EMERGENCY MANAGEMENT COUNCIL & LEPC

Joe Wolski – Environmental – Term to Expire 12/31/10

Councilman Kelly made the motion. Seconded by Councilwoman Siarkiewicz.

Councilman Bella asked if this appointment was being made at the request of Barry Eck.

Mayor stated that it was.

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

  • BUSINESS ADMINISTRATOR'S AGENDA/REPORT

Administration & Finance:

  1. Authorization to execute an Interlocal Agreement for calendar year 2010 with the Middlesex County Public Health Department for the continued provision of Health Department staffing and associated services at a total cost of $148,100.

Councilwoman Siarkiewicz asked how much more this was from last year.

Business Admin. stated that it was up about $3,000.

Councilman Bella questioned the percentage increase and if the borough attempted to negotiate the contract.

CFO and Business Admin. stated that the increase was reasonable.

Mayor asked if there was any objection to listing this item on the Consent Agenda.

No Objections.

Clerk announced these items as consent Agenda Resolution #2010-23

Public Works: none

Recreation: none

Water & Sewer: none

Public Safety: none

Planning & Zoning: none

Personnel:

  1. Department of Water & Sewer – Water Meter Reader/Water Repairer (2)

l. Approval of the change of employment status from Provisional to Permanent appointment as a result of a Civil Service Commission certification effective

January 12, 2009. There is no change in compensation associated with this action.

Discussed in closed session – Approved for Resolutions (2).

  • C.F.O. WAYNE A. KRONOWSKI
  1. Transfer Resolution – Consent Agenda Resolution #2010-24.
  1. Water Rate Increase (discussed earlier).
  • BOROUGH ATTORNEY AGENDA/REPORT
  • BOROUGH ENGINEER AGENDA/REPORT

1) Ernston Road/Bordentown Avenue Intersection Improvements –

Status of Project (Copy of Letter)

2) Jernee Mill Road/Bordentown Avenue Intersection – Condition of Railroad Crossing.

(Copy of Letter). Upgrade should be done this spring.

FOR YOUR INFORMATION

  • ADMIN. & FINANCE

CITY OF RAHWAY

Received copy of Resolution urging the Legislatureto Amend the Open Public Records Act to addressvarious technical and practical issues. - Receive & File.

  • PLANNING & ZONING

SAYREVILLE PLANNING BOARD

Resolution(s) Memorialized on January 6, 2010.

a) Robert Downey, General Contractor, Gump Industries Marsh Ave., Blk. 214, Lots 167, 168.01, 168.02

Minor Subdivision.- Receive & File.

COUNTY OF MIDDLESEX – PLANNING BOARD

Notice of Reorganization Meeting Tuesday, January 12, 2010 at 3:30 P.M., Meeting Center, PlanningBoard Offices, 40 Livingston Ave., New Brunswick. - Post & Receive & File.

  • PUBLIC WORKS
  • PUBLIC SAFETY
  • RECREATION

MINUTESRec. & File

Board of Education -Dec. 1, 2009

Board of Health-November 5, 2009

Commission on Aging-November 20, 2009

Middlesex County Planning Board-November 10, 2009

Rent Leveling Board -December 8, 2009