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Mayor & Council Meeting

Regular Meeting

Metuchen, NJ · January 27, 2025

AgendaMinutes

Minutes

BOROUGH OF METUCHEN COUNCIL MINUTES January 27, 2025 7:30 PM The Regular Meeting of the Borough Council was held in the Council Chambers of Borough Hall on January 13, 2025. The Meeting was called to order at 7:30 p.m. by Mayor Busch. Mayor Busch stated that adequate notice of meeting was published in the Home News Tribune on December 18, 2024, posted in Borough Hall, on file in the Clerk’s Office, and that all requirements of the Open Public Meetings Act had been satisfied. Mayor Busch asked everyone to rise for the Pledge of Allegiance. . Roll Call Mayor Busch asked Ms. Zupan for a roll call. Present were Councilmembers Branch, Giamboi, Hyman, Jethwani, Council President Delia, and Mayor Busch. Councilmember Kandel was absent. Also present were Melissa Perilstein, Borough Administrator, and Deborah Zupan, Borough Clerk. Attorney Anne Marie Rizzuto attended in place of Borough Attorney Denis Murphy. Agenda Session Council President Delia made a motion to open the Agenda Session, second by Councilmember Giamboi, with all in favor, motion carried, 5-0. With no action taken, Council President Delia made a motion to close the Agenda Session, second by Councilmember Giamboi, with all in favor, motion carried, 5-0. Swearing In of Police Officer Mayor Busch performed the ceremonial swearing in of Officer Kevin B. Coleman. Public Comment Mayor Busch opened Public Comment to any members of the public wishing to speak. Mark Flaherty, 44 New York Avenue, commented that it was interesting to see the videos that Mayor Busch had posted from the US Conference of Mayors and noted that Mayor Busch had mentioned discussing ideas for protection from an all Republican federal government and asked what some of those ideas were. Mayor Busch responded that the discussion was focused around what issues the new Federal government has raised for Mayors as community leaders, noting that the Conference of Mayors is a bi-partisan group. He gave some background on the nature and content of these conferences and noted that all Mayors had expressed concern regarding what to expect with the new administration. Seeing no one else wishing to speak, Mayor Busch closed the Public Comment. Borough Council Meeting Minutes Council President Delia made a motion to open the approve the Borough Council Meeting Minutes of December 9, 2024, second by Councilmember Giamboi. Councilmember Giamboi abstained from voting. With all others in favor, motion carried, 4-0. Borough Council Meeting January 27, 2025 Communications Consent Agenda – Items A-D Council President Delia made a motion to open the approve Communications Consent Agenda Items A through D, second by Councilmember Giamboi, with all in favor, motion carried, 5-0. A. Receive and Accept Environmental Commission Meeting Minutes of June 19, 2024 B. Receive and Accept Shade Tree Commission Meeting Minutes of November 12, 2024 C. Receive and Accept Zoning Board Meeting Minutes of September 12, 2024, October 10, 2024, and December 12, 2024 D. Receive and Accept Resignation of Joanne Markano from the CARES Committee Ordinance – Public Hearing Ord. 2025-02 ORDINANCE AMENDING THE CODE OF THE BOROUGH OF METUCHEN AND THE COMPOSITION OF THE ARTS COUNCIL Council President Delia asked that Ordinance 2025-02 be read by title only. Ms. Zupan read Ordinance 2025-02 by title only. Mayor Busch opened the public hearing. Seeing no one wishing to speak, Mayor Busch closed the public hearing. Council President Delia made a motion that Ordinance 2025-02 be passed on second reading and be published according to law, second by Councilmember Giamboi. Mayor Busch asked for a roll call vote. Roll Call: Yeas: Branch, Giamboi, Hyman, Jethwani, Delia Nays: None Ordinance 2025-02 was passed on second reading, 5-0 and will be published according to law. ORDINANCE 2025-02 Borough of Metuchen County of Middlesex State of New Jersey ORDINANCE AMENDING THE CODE OF THE BOROUGH OF METUCHEN AND THE COMPOSITION OF THE ARTS COUNCIL WHEREAS, the Mayor and Council of the Borough of Metuchen have determined that it is in the best interest of the Borough to amend the composition of the Arts Council of the Borough of Metuchen decreasing the overall membership from eighteen (18) members to sixteen (16) members. NOW THEREFOR BE IT ORDAINED by the Council of the Borough of Metuchen that it hereby amends § 10-22 and § 10-23 of Chapter 10, Article 5 of the Code of the Borough of Metuchen to state as follows: Article 5. Arts Council § 10-22. Establishment; composition. There is hereby established an Arts Council which shall be composed of 16 citizens of the Borough who shall serve without compensation, plus that member of the Borough Council serving as liaison from year to year. All 16 citizen members shall serve, on a staggered basis, for a term of three years. Borough Council Meeting January 27, 2025 § 10-23. Appointment; selection of Chairperson; vacancies. All 16 citizen members shall be nominated by the Mayor and confirmed with the advice and consent of the Borough Council. The Borough Council liaison shall be designated every year at the annual reorganization meeting of the Borough by the members of the Borough Council. All members shall serve until their successors are duly appointed and qualified. The members of the Arts Council shall designate one of its citizen members as Chairperson and that individual shall serve until the first day of January next following that election and until his or her successor shall be appointed and qualified. Vacancies occurring other than by the expiration of the term shall be filled in the manner prescribed therein, but only for the balance of the unexpired term. BE IT FURTHER ORDAINED by the Mayor and Council that all prior ordinances, or sections of ordinances, inconsistent with the within ordinance are hereby repealed. BE IT FURTHER ORDAINED by the Mayor and Council that all remaining sections of Chapter 10, Sections 1 through 21 and Sections 24 through 46 not amended herein shall not be affected thereby and shall remain in full force and effect unless amended by further Ordinance. BE IT FURTHER ORDAINED by the Mayor and Council that if any section, subsection, paragraph, sentence, clause or phrase of this Ordinance shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this Ordinance, which shall continue in full force and effect, and to this end, the provisions of this Ordinance are hereby declared to be severable; and BE IT FURTHER ORDAINED by the Mayor and Council that this ordinance shall become effective immediately upon final passage and publication as provided by law. Ordinance – Introduction Ord. 2025-03 ORDINANCE OF THE BOROUGH OF METUCHEN AUTHORIZING EXECUTION OF A RIGHTS-OF-WAY AGREEMENT BETWEEN THE BOROUGH OF METUCHEN AND COMCAST OF NEW JERSEY II, LLC TO PERMIT THE INSTALLATION, USE, AND MAINTENANCE OF CABLE TELEVISION AND TELECOMMUNICATIONS FACILITIES WITHIN PUBLIC RIGHTS- OF-WAY FOR PURPOSES OF PROVIDING CABLE TELEVISION AND TELECOMMUNICATIONS SERVICES Council President Delia asked that Ordinance 2025-03 be read by title only. Ms. Zupan read Ordinance 2025-03 by title only. Council President Delia made a motion that Ordinance 2025-03 be passed on first reading, be published according to law, and a public hearing be set down for Monday, February 10, 2025, second by Councilmember Giamboi. Roll Call: Yeas: Branch, Giamboi, Hyman, Jethwani, Delia Nays: None Ordinance 2025-03 was passed on first reading, 5-0 and will be published according to law. Report of the Borough Administrator Ms. Perilstein reported that the replacement of the Grove Avenue bridge had been delayed from summer 2025 to some time in 2026, and that the project would involve a ten week closure for that portion of Grove Avenue. She informed residents that they should call the non-emergency Police number for after-hours sewer emergencies and reminded them that they must shovel snow from their sidewalks no more than 24 hours after a snowfall has stopped. Finally, Ms. Perilstein noted that there would be an upcoming public meeting for input on how to spend CDGB grant funds. Borough Council Meeting January 27, 2025 Reports of Councilmembers Council President Delia reported that the MDA would be hosting a Lunar new Year celebration downtown that weekend. Councilmember Jethwani reported that the Library was in the process of a three-year strategic plan development and are seeking public input via a community survey, available on the Library website or at the Library. She noted there would be Lunar New Year program at the Library, as well as a Black History month program exploring the Mardi Gras music of New Orleans. Councilmember Jethwani reminded everyone that tickets were on sale for the Friends of the Library’s annual ‘Get Lit’ fundraiser. Finally, she reported that the Historic Preservation Committee had met and welcomed several new members. Councilmember Hyman reported on the recent Parade Commission meeting and noted that the theme of this year’s Memorial Day Parade would be ‘Hometown Heroes.’ She noted that the CARES Committee had successfully launched their ‘Strengthening Families’ program, and that there was still room for more families to register. Councilmember Giamboi reported that the Shade Tree Commission’s Spring planting has been lined up and that they’ve already confirmed 41 tree plantings. She noted that the Environmental Commission had their reorganization meeting, that the Senior Commission meeting was coming up, and reminded residents to donate to the food bank at the First Presbyterian Church. Councilmember branch reported that the Arts Council had once again participated in the ‘Windows of Understanding’ multi-town art project . In honor of Black History Month, the Human Relations Commission High School Liaisons created fifteen profiles of modern prominent individuals that will be posted around downtown during February. Councilmember Branch noted that it was International Holocaust remembrance Day, the anniversary of the liberation of Auschwitz-Birkenau. Finally, he reminded residents that registration for the annual Sweetheart Dance was open. Report of the Mayor Mayor Busch noted that it had been an extraordinary month for accomplishment in the Borough. In addition to the prospect of bringing Comcast to Metuchen, the Borough has formally begun the process of acquiring the gas station property next to the Forum Theater and that this should be resolved in the next few months or so. He encouraged residents to attend the Forum Theater public participation sessions would be held on January 28 and 30 from 6:30 to 8:30 p.m. at Edgar Middle School, featuring the opportunity to talk with and give feedback to Borough officials, officials from the County and State, the Arts Council, the MDA, and Devco (the redeveloper). Mayor Busch related that he was excited about the ‘Metuchen is America’ 125th anniversary initiative, a celebration of Metuchen and its role in America. Mayor Busch expressed his thanks to Chief Flaherty, who also heads the Office of Emergency Management, and the Department of Public Works for their efforts during the recent snowstorm. Mayor Busch also commented that with many changes in the Federal government some residents might be feeling anxious, and that he and Council would do what they could to help people feel supported. New Business Consent Agenda – Resolutions 2025-67 to 2025-85 Council President Delia moved to approve New Business Consent Agenda Resolutions 2025-67 to 2025-85, second by Councilmember Giamboi, with all in favor, motion carried, 5-0. RESOLUTION 2025-67 RESOLUTION TO AMEND THE 2025 TEMPORARY BUDGET WHEREAS, N.J.S.A. 40A:4-19 of the Local Budget Act provides that temporary appropriations shall be made for the purposes and amounts required in the manner and time therein provided. NOW, THEREFORE, BE IT RESOLVED that the following additional temporary emergency appropriations shall be made for the year 2025, effective January 27, 2025: Borough Council Meeting January 27, 2025 JIF OE (100,000.00) PERS OE 626,572.00 PFRS OE 1,353,771.00 Mayor & Council OE 4,000.00 Clerk OE 1,000.00 Public Works Administration OE 2,000.00 Office of Emergency Management S&W 10,000.00 Municipal Court OE 4,000.00 Sewers OE 30,000.00 TOTAL 1,931,343.00 RESOLUTION 2025-68 RESOLUTION AUTHORIZING RESERVE TRANSFERS WHEREAS, there are unexpended balances in various 2024 appropriation reserve accounts not required for the balance of 2024; and WHEREAS, additional sums are required for the operating expenses of other Borough accounts. NOW, THEREFORE, BE IT RESOLVED that the following transfers be approved: APPROPRIATION TRANSFER TRANSFER IN OUT Streets & Roads OE 20,000.00 Public Works Administration S&W 20,000.00 Utilities 16,000.00 Gasoline & Diesel Fuel 16,000.00 TOTALS 36,000.00 36,000.00 RESOLUTION 2025-69 RESOLUTION COMMITTING TO DCA’S FOURTH ROUND AFFORDABLE HOUSING PRESENT NEED AND PROSPECTIVE NEED NUMBERS WHEREAS, on March 20, 2024, Governor Murphy signed into law an Amendment to the Fair Housing Act (N.J.S.A. 52:27D-301 et seq.) (hereinafter “Amended FHA”); and WHEREAS, the Amended FHA requires the Department of Community Affairs (“DCA”) to produce non-binding estimates of fair share obligations on or before October 20, 2024; and WHEREAS, the DCA issued a report on October 18, 2024 (“DCA Report”) wherein it reported its estimate of the obligation for all municipalities based upon its interpretation of the standards in the Amended FHA; and WHEREAS, the DCA Report calculates the Borough of Metuchen’s Round 4 (2025-2035) obligations as follows: a Present Need or Rehabilitation Obligation of 5 and a Prospective Need or New Construction Obligation of 120; and WHEREAS, the Amended FHA provides that the DCA Report is non-binding, thereby inviting municipalities to demonstrate that the Amended FHA would support lower calculations of Round 4 affordable housing obligations; and WHEREAS, the Amended FHA further provides that “[a]ll parties shall be entitled to rely upon regulations on municipal credits, adjustments, and compliance mechanisms adopted by COAH unless those regulations are contradicted by statute, including P.L. 2024, c.2, or binding court decisions” (N.J.S.A. 52:27D-311(m)); and Borough Council Meeting January 27, 2025 WHEREAS, COAH regulations authorize vacant land adjustments as well as durational adjustments; and WHEREAS, based on the foregoing, the Borough of Metuchen accepts the DCA calculations of Metuchen’s fair share obligations and commits to its fair share of 5 units present need and 120 units prospective need subject to any vacant land and/or durational adjustments it may seek as part of the Housing Plan element and Fair Share Plan element it subsequently submits in accordance with the Amended FHA; and WHEREAS, the Borough of Metuchen reserves the right to comply with any additional amendments to the FHA that the Legislature may enact; and WHEREAS, the Borough of Metuchen also reserves the right to adjust its position in the event of any rulings in the Montvale case (MER-L-1778-24) or any other such action that alters the deadlines and/or requirements of the Amended FHA; and WHEREAS, in the event that a third party challenges the calculations provided for in this Resolution, the Borough of Metuchen reserves the right to take such position as it deems appropriate in response thereto, including that its Round 4 Present or Prospective Need Obligations should be lower than described herein; and WHEREAS, in light of the above, the Borough Council of the Borough of Metuchen finds that it is in the best interest of the Borough of Metuchen to declare its commitment to the obligations reported by the DCA on October 18, 2024 subject to the reservations set forth herein; and WHEREAS, in addition to the above, the Acting Administrative Director issued Directive #14-24, dated December 13, 2024, and made the directive available later in the week that followed; and WHEREAS, pursuant to Directive #14-24, a municipality seeking a certification of compliance with the FHA shall file an action in the form of a declaratory judgment complaint in the county in which the municipality is located within 48 hours after adoption of the municipal resolution of fair share obligations, or by February 3, 2025, whichever is sooner”; and WHEREAS, the Borough of Metuchen seeks a certification of compliance with the FHA and, therefore, directs its Affordable Housing Counsel, Renaud Colicchio LLC, to file a declaratory relief action within 48 hours of the adoption of this resolution in Middlesex County. NOW, THEREFORE, BE IT RESOLVED on this 27th day of January 2025 by the Borough Council of the Borough of Metuchen as follows: 1. All of the above Whereas Clauses are incorporated into the operative clauses of this resolution. 2. The Borough of Metuchen hereby commits to the DCA Round 4 Present Need Obligation of 5 units and the Round 4 Prospective Need Obligation of 120 units described in this resolution, subject to all reservations of rights set forth above. 3. The Borough of Metuchen hereby directs its Affordable Housing Counsel, Renaud Colicchio LLC, to file a declaratory judgment complaint in Middlesex County within 48 hours after adoption this resolution, attaching this resolution. 4. The Borough of Metuchen authorizes its Affordable Housing Counsel to attach this resolution as an exhibit to the declaratory judgment action that is filed and to submit and/or file this resolution with the Program or any other such entity as may be determined to be appropriate. 5. This resolution shall take effect immediately, according to law. Borough Council Meeting January 27, 2025 RESOLUTION 2025-70 RESOLUTION APPOINTING MUNICIPAL OFFICE OF EMERGENCY MANAGEMENT COORDINATOR BE IT RESOLVED, by the Borough Council of the Borough of Metuchen that Arthur Flaherty be appointed as a Municipal Office of Emergency Management Coordinator with a term starting January 1, 2025 to expire on December 31, 2027. RESOLUTION 2025-71 RESOLUTION APPOINTING MUNICIPAL OFFICE OF EMERGENCY MANAGEMENT DEPUTY COORDINATORS BE IT RESOLVED, by the Borough Council of the Borough of Metuchen that the individuals named below be appointed as Municipal Office of Emergency Management Deputy Coordinators for the term starting January 1, 2025 and ending December 31, 2027; James Burns Angelo Donato III Keith O’Brien RESOLUTION 2025-72 RESOLUTION AUTHORIZING THE AMENDMENT TO RESOLUTION NO. 2025-38 FOR THE AWARD OF CONTRACT FOR BOROUGH REDEVELOPMENT COUNSEL WHEREAS, by way of Resolution No. 2025-38, the Borough of Metuchen authorized and awarded a contract to the law firm of Hoagland, Longo, Dunst & Doukas, LLP., located at 40 Paterson Street, New Brunswick, NJ 08901 to service as Borough Redevelopment Counsel for the Borough of Metuchen for a cost not to exceed $5,000.00 as a fair and open contract pursuant to N.J.S.A. 19:44A-20.4; and WHEREAS, the Borough of Metuchen has determined that there is a need to amend Resolution No. 2025-38, and the authorization and award of contract to Hoagland, Longo, Dunst & Doukas, LLP to include additional legal services relating to proposed and existing redevelopment projects within the Borough; and WHEREAS, the Chief Financial Officer anticipates that the value of the additional services to be rendered will exceed $5,000; and WHEREAS, the anticipated term of this contract shall remain through the calendar year 2025; and WHEREAS, the maximum amount of the additional services under the contract shall not exceed $50,000.00 and the Chief Financial Officer has certified that there are sufficient funds for such additional services and amendment to the contract and are available and designated from the Middlesex County Arts & History Capital Grant Account Number G-02-41-760-310 for these services. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Metuchen that Resolution No. 2025-38 is hereby amended to include the additional Redevelopment Legal Counsel services relating to proposed and existing redevelopment projects sought by the Borough at an additional cost not to exceed $50,000.00. BE IT FURTHER RESOLVED by the Mayor and Council that it hereby authorizes the amendment to the award of contract to Hoagland, Longo, Dunst & Doukas, LLP for the provision of the additional Redevelopment Legal Counsel services relating to proposed and existing redevelopment projects sought by the Borough at an additional cost not to exceed $50,000.00 for a total contract cost not to exceed $55,000.00; and BE IT FURTHER RESOLVED that the Mayor and Borough Clerk are hereby authorized and directed to execute all documentation required to effectuate the within Resolution including Borough Council Meeting January 27, 2025 but not limited to an amendment to the existing professional services agreement with the firm of Hoagland, Longo, Dunst & Doukas, LLP; and BE IT FURTHER RESOLVED that the existing contract with Hoagland, Longo, Dunst & Doukas, LLP was awarded as a fair and open "Professional Service" in accordance with N.J.S.A. 19:44A-20.4; and BE IT FURTHER RESOLVED by the Mayor and Council that Notice of this action shall be printed once in The Home News Tribune. RESOLUTION 2025-73 RESOLUTION AUTHORIZING THE AMENDMENT TO RESOLUTION NO. 2025-39 FOR THE AWARD OF CONTRACT FOR BOROUGH REDEVELOPMENT COUNSEL WHEREAS, by way of Resolution No. 2025-39, the Borough of Metuchen authorized and awarded a contract to the law firm of Maley Givens, a Professional Corp., located at 1150 Haddon Avenue, Suite 210, Collingswood, NJ 08108 to service as Borough Redevelopment Counsel for the Borough of Metuchen for a cost not to exceed $50,000.00 as a fair and open contract pursuant to N.J.S.A. 19:44A-20.4; and WHEREAS, the Borough of Metuchen has determined that there is a need to amend Resolution No. 2025-39, and the authorization and award of contract to Maley Givens, PC to include additional legal services relating to proposed and existing redevelopment projects within the Borough; and WHEREAS, the Chief Financial Officer anticipates that the value of the additional services to be rendered will exceed $5,000; and WHEREAS, the anticipated term of this contract shall remain through the calendar year 2025; and WHEREAS, the maximum amount of the additional services under the contract shall not exceed $50,000.00 and the Chief Financial Officer has certified that there are sufficient funds for such additional services and amendment to the contract and are available and designated from the NJ Department of Community Affairs Design and Development of Arts District Grant G-02-41- 788-315 for these services. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Metuchen that Resolution No. 2025-39 is hereby amended to include the additional Redevelopment Legal Counsel services relating to proposed and existing redevelopment projects sought by the Borough at an additional cost not to exceed $50,000.00. BE IT FURTHER RESOLVED by the Mayor and Council that it hereby authorizes the amendment to the award of contract to Maley Givens, PC for the provision of the additional Redevelopment Legal Counsel services relating to proposed and existing redevelopment projects sought by the Borough at an additional cost not to exceed $50,000.00 for a total contract cost not to exceed $100,000.00; and BE IT FURTHER RESOLVED that the Mayor and Borough Clerk are hereby authorized and directed to execute all documentation required to effectuate the within Resolution including but not limited to an amendment to the existing professional services agreement with the firm of Maley Givens, PC; and BE IT FURTHER RESOLVED that the existing contract with Maley Givens, PC was awarded as a fair and open "Professional Service" in accordance with N.J.S.A. 19:44A-20.4; and BE IT FURTHER RESOLVED by the Mayor and Council that Notice of this action shall be printed once in The Home News Tribune. Borough Council Meeting January 27, 2025 RESOLUTION 2025-74 RESOLUTION AUTHORIZING MEMORANDUM OF UNDERSTANDING WITH THE RUTGERS UNIVERSITY BEHAVIORAL HEALTH CARE SERVICES WHEREAS, N.J.S.A. 30:4-27.1, et seq., sets forth a policy for public mental health cooperation between police departments and mental health service providers to insure the safe and effective delivery of mental health services responding to certain behavioral crisis calls; and WHEREAS the Mayor and Council of the Borough of Metuchen wish to support the delivery of said services by having the Borough of Metuchen Police Department participate in a pilot program with the Rutgers University Behavioral Health Care Services. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Metuchen, County of Middlesex, State of New Jersey, as follows: L The Mayor and Clerk of the Borough of Metuchen are hereby authorized to enter into a Memorandum. of Understanding with the Rutgers University Behavioral Health Care Services to cooperate in the delivery of behavioral health care services. 2. A copy of the Memorandum of Understanding is on file with the Borough Clerk and may be inspected during regular business hours. RESOLUTION 2025-75 RESOLUTION AUTHORIZING A MEMORANDUM OF UNDERSTANDING WITH THE NEW JERSEY OFFICE OF EMERGENCY MANAGEMENT WHEREAS, The New Jersey Office of Emergency Management (NJOEM), on behalf of the State of New Jersey, is the Grantee receiving funding under the FEMA Public Assistance and/or Hazard Mitigation programs as authorized under the Stafford Act and has the fiduciary responsibility to ensure those funds are spent on eligible Borough of Metuchen facilities and activities, and are properly reimbursed to the Borough of Metuchen; and WHEREAS, under current information provided, FEMA has determined that the Borough of Metuchen is eligible to apply for and/or receive FEMA funding under the Public Assistance and/or Hazard Mitigation programs, subject to approval of a Project Worksheet for Public Assistance or application for a Hazard Mitigation grant; and WHEREAS, the Memorandum of Understanding is part of the application for Disaster Assistance and will become effective and binding upon approval of a Project Worksheet or Hazard Mitigation Grant and signature on behalf of NJOEM. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Metuchen, County of Middlesex, State of New Jersey, as follows: L The Mayor and Clerk of the Borough of Metuchen are hereby authorized to enter into a Memorandum. of Understanding with the New Jersey Office of Emergency Management for the purposes described above. 2. A copy of the Memorandum of Understanding is on file with the Borough Clerk and may be inspected during regular business hours. Borough Council Meeting January 27, 2025 RESOLUTION 2025-76 RESOLUTION AUTHORIZING THE TAX ASSESSOR AND TAX APPEAL ATTORNEY TO FILE COUNTER CLAIMS AND/OR DIRECT CLAIMS AND PEITITIONS OF APPEAL ON CLASS 4 PROPERTIES WHEREAS, it is anticipated that certain taxpayers of the Borough of Metuchen will file tax appeals disputing their assessed valuation for the year 2025; and WHEREAS, The Tax Assessor is of the opinion that certain properties, in some cases, are under assessed and that the assessed value of said properties should be increased and not decreased; and WHEREAS, the law permits a Municipality to counterclaim against the property owner to seek an increase in the assessed value and also to file direct appeals (Petitions and Complaints) with the County Board of Taxation and/or the Tax Court of New Jersey to seek and increase in the assessed value. NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of Metuchen that the Tax Assessor, Richard Duda and the Tax Appeal Attorney of the Borough of Metuchen, Robert Renaud, Esq., are authorized and directed to take whatever steps necessary and appropriate to file counterclaims and/or direct claims and petitions with respect to for (industrial, commercial and multi-family residential properties seeking to raise the assessed value of said properties to the value which the Tax Assessor deems to more properly reflect the value of said property for the tax year 2025. RESOLUTION 2025-77 RESOLUTION TO CANCEL AND REFUND 2024 TAXES AS A RESULT OF COUNTY ADDED TAX APPEAL WHEREAS a successful County Tax Appeal judgment was awarded to the block and lot parcel described below, changing the assessed value for 2024 as follows. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Metuchen, that the Tax Collector be and is hereby authorized to reduce the 2024 tax billing on the following property due to the successful County Tax Appeal including amendments, in the amount of $1,512.71, and refund the resulting overpayment due to the successful County tax appeal in the amount of $1,512.71. Block/Lot/Qual Address Assessment Total Tax Reduction Overpayment Reduction Reduction to 2024 Refunded Levy 120/5 73 Hillside Prorated 9 1,512.71 1,512.71 1,512.71 Ave Decerbo, months David /Debra 21,750.00 RESOLUTION 2025-78 RESOLUTION AUTHORIZING THE AWARD FOR PARTS AND MAINTENANCE AND REPAIR FOR LIGHT/MEDIUM DUTY VEHICLES THROUGH STATE CONTRACT WHEREAS, the authorization to purchase vehicle parts and maintenance and repair of light/medium duty fleet vehicles of the Borough of Metuchen, in the County of Middlesex, State of New Jersey; and WHEREAS, the award authorized these purchases through State Contract T0126–OEM & Non OEM Maintenance & Repair Services for Light/Medium Duty Vehicles, and through State Contract 19-FLEET-00915 OEM Automotive Parts and Accessories for Light Duty Vehicles Class 4 or Lower; and Borough Council Meeting January 27, 2025 WHEREAS, state contract T0126, Vendor Contract 40808 is in effect from March 18, 2016 through March 17, 2024, extended until March 17, 2025 and state contract T2760, Contract 19- FLEET-00915, is in effect from August 5, 2019 through August 4, 2024; extended until August 4, 2025; and WHEREAS, the maximum amount for vehicle parts and maintenance and repair for fleet vehicles for the Borough of Metuchen is awarded in an amount not to exceed $45,100.00 of which $20,100 is certified from the 2024 Adopted Budget and is available and is designated from Account number Streets & Roads-Vehicle Maintenance & Repair, 4-01-26-765-025 and funds are anticipated to be available in the 2025 Temporary Budget and 2025 Adopted Budget as certified by the Chief Financial Officer and that there is sufficient funds for such award and is available and is designated from Account number Streets & Roads-Vehicle Maintenance & Repair, 5-01-26-765-025 in the amount of $25,000.00; and WHEREAS, the authorization to acquire OEM and non-OEM maintenance and repair services for light/medium duty vehicles through state contract T0126 expires on March 17, 2025; and WHEREAS, the authorization to acquire OEM automotive parts and accessories for light duty vehicles Class 4 or lower through state contract T2760 expires on August 4, 2025; and WHEREAS, public bids are not required when the purchase is under a state contract in accordance with 40A:11-12 of the Local Public Contracts Law; and WHEREAS, this procurement is awarded under N.J.S.A. 19:44A20.4 et seq. using a fair and open process to Malouf Ford Lincoln Inc, Inc. for the purchase of vehicle parts and maintenance and repair for fleet vehicles of the Borough of Metuchen. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Metuchen, in the County of Middlesex as follows: The Chief Financial Officer and Borough Administrator are hereby authorized and directed to forward a purchase order to Malouf Ford Lincoln Inc., PO Box 7480, 2210 US Highway 1, North Brunswick, NJ, 08902, in an amount not to exceed $45,100.00. RESOLUTION 2025-79 RESOLUTION AUTHORIZING NJWCPS CONTRACT FOR VARIOUS MANUFACTURER PUMPS AND MOTORS REPAIR AND REPLACEMENT AND INSTALLATION WHEREAS, there exists a need for various pump and motor repair, replacement and installation for the Borough of Metuchen, County of Middlesex, State of New Jersey; and WHEREAS, various manufacturer pumps and motor repair, replacement and installation have been awarded through NJWCPS Contract No. B414-17 Various Manufacturers Pumps and Motors Repair and Replacement and Installation; and WHEREAS, the term of the contract is from August 1, 2024 through July 31, 2025; and WHEREAS, the authorization for purchases under this award expires on July 31, 2025; and WHEREAS, the Chief Financial Officer’s certification of funds is made authorizing the award for various manufacturer pumps and motor repair and replacement and installation in an amount not to exceed $30,000 from the 2025 Temporary Budget and 2025 Adopted Budget appropriation line item Sewers-Equipment Maintenance & Repair 5-01-26-773-026; and WHEREAS, purchase of goods and services is permitted through cooperative purchasing in accordance with 40A:11-11 of the Local Public Contracts Law and N.J.A.C 5:34-1 et seq; and WHEREAS, NJWCPS shall be responsible for complying with the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) and all other provisions of the revised statutes; and Borough Council Meeting January 27, 2025 WHEREAS, this procurement is awarded under N.J.S.A. 19:44A20.4 et seq. using a fair and open process to Pumping Services, Inc. for various manufacturer pumps and motor repair and replacement and installation for the Borough of Metuchen. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Metuchen, in the County of Middlesex as follows: The Chief Financial Officer and Borough Administrator are hereby authorized and directed to approve and forward a purchase order to Pumping Services, Inc., 201 Lincoln Boulevard, New Jersey, 08846, in the amount not to exceed $30,000.00. RESOLUTION 2025-80 RESOLUTION AUTHORIZING AWARD OF A WINDOW CONTRACT FOR VAPOR RECOVERY SYSTEMS ON GASOLINE TANKS: TESTING & REPAIR THROUGH NEW JERSEY STATE CONTRACT AWARD WHEREAS, there exists a need to contract for testing and repairs to the vapor recovery systems on the Borough fuel tanks at the Borough of Metuchen, in the County of Middlesex, State of New Jersey; and WHEREAS, vapor recovery systems testing and repairs services can be purchased through NJ State Contract T2546-Vapor Recovery Systems on Gasoline Tanks: Testing & Repairs, Contract 19-GNSV1-00890, originally awarded on August 1, 2019, extended by change order #7 for the period August 1, 2024 through July 31, 2025; and WHEREAS, vapor recovery systems testing and repairs services quote is under the bid threshold as set by New Jersey Local Public Contracts Law N.J.S.A. 40A:11-1 et seq, but above $17,500.00 and is subject to vendor compliance with N.J.A.C. 10:5-31 et seq and N.J.A.C. 17-27; and WHEREAS, the Chief Financial Officer's Certification of Funds is made authorizing the award for the vapor recovery systems testing and repairs services for the Borough fuel storage tanks in the amount not to exceed $18,426.51 as certified by the Chief Financial Officer and that there are sufficient funds for such award and are available and are designated from Capital Bond Ordinance 2024-11, C-04-55-944-013 for these services. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Metuchen, in the County of Middlesex as follows: The Chief Financial Officer and Borough Administrator are hereby authorized and directed to approve and forward a Purchase Order to ATS Environmental Services, 286 Houses Corner Road, Sparta, NJ 07871. RESOLUTION 2025-81 RESOLUTION AUTHORIZING CHANGE ORDER #1 AND FINAL CONTRACT INCREASE FOR GPC, INC. – PUBLIC WORKS BREAKROOM REPAIRS WHEREAS, by way of Resolution 2024-233, a contract was approved for repairs and upgrades to the Department of Public Works breakroom. by the Mayor and Council and GPC, Inc.; and WHEREAS, on December 10, 2024, GPC, Inc. submitted a memo to the Borough for a Change Order increase to the Borough in the amount of $8,373.75, which was reviewed and approved by the Borough Administrator and Qualified Purchasing Agent ; and WHEREAS, the increase to the Borough for the Change Order #1 and Final is $8,373.75. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Metuchen that the proper officials are hereby authorized to execute the said attached Change Order #1 and Final. Borough Council Meeting January 27, 2025 RESOLUTION 2025-82 RESOLUTION TO GRANT EXEMPTION FOR TOTALLY DISABLED VETERAN AND TO REFUND AND CANCEL 2024 TAXES WHEREAS, the Tax Assessor of the Borough of Metuchen has been provided sufficient proof that the owner of the property known as 12 Roosevelt Court, Block 93, Lot 113, in the Borough of Metuchen is owned by a 100% Permanently & Totally Disabled Veteran, as noted in a letter from the Department of Veterans Affairs dated November 4, 2024; and WHEREAS, the property owner John Dick, being determined to be totally and permanently disabled by the Department of Veteran Affairs applied to the Borough of Metuchen for the tax exemption on November 7, 2024, for Block 184, Lot 31 with supporting documents provided to the Tax Assessor of the Borough of Metuchen; and WHEREAS, the effective date for the 100% Permanently and Totally Disabled Veteran exemption from property taxes will be November 7, 2024. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Metuchen that the Chief Financial Officer/Tax Collector is hereby authorized to refund the homeowner the monies paid for 4th quarter 2024 taxes apportioned from November 7, 2024 to December 31, 2024 in the amount of $870.70 and to cancel 2024 taxes levied in 2024 in the amount of $870.70. RESOLUTION 2025-83 RESOLUTION AUTHORIZING RELEASE OF STREET OPENING BONDS WHEREAS, in accordance with the Borough of Metuchen Ordinance, $500.00 was posted as the required Performance Guarantee by the contractor named below, for work done at the addresses named below; and WHEREAS, the Superintendent of Public Works advises that said work has been completed in a manner satisfactory to his department; and WHEREAS, the Superintendent of Public Works advises the release of the monies previously deposited. NOW, THEREFORE, BE IT RESOLVED by The Borough Council of the Borough of Metuchen that the Chief Financial Officer be and is hereby authorized to release said funds to the contractors listed below: Permit Number Address Contractor 2023-91/ 104 Midland Avenue John Burton Plumbing and Heating PG 23-091 104 Norcross Ave. Unit B Metuchen, NJ 08840 2023-92/ 87 Summit Avenue John Burton Plumbing and Heating PG 23-092 104 Norcross Ave. Unit B Metuchen, NJ 08840 RESOLUTION 2025-84 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO REDEVELOPMENT AGREEMENT WITH METUCHEN III, LLC FOR BLOCK 71, A PORTION OF LOT 37.01 AND LOT 37.02 WHEREAS, the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq., as amended and supplemented (the “Redevelopment Law”), provides a process for municipalities to participate in the redevelopment and improvement of areas in need of rehabilitation or redevelopment; and Borough Council Meeting January 27, 2025 WHEREAS, pursuant to Resolution No. 2015-147, adopted on June 15, 2015, the Mayor and Council of the Borough of Metuchen (the “Borough Council”) designated certain properties within the Borough, including a portion the property identified on the Official Tax Map of the Borough of Metuchen (the “Borough”) as Block 71, Lot 37.01, as a Non-Condemnation Area in Need of Redevelopment in accordance with the Redevelopment Law; and WHEREAS, by way of Ordinance No. 2018-24, adopted on October 15, 2018, the Borough Council adopted the “Oakite Site Redevelopment Plan, Borough of Metuchen, New Jersey, Block 71, Lot 37.01” dated September 2018, (the “Original Redevelopment Plan”), which sets forth, inter alia, the plans for the development, revitalization, rehabilitation, and redevelopment of the Redevelopment Area; and WHEREAS, by way of Resolution 2020-50, adopted on February 3, 2020 (the “Rehabilitation Resolution”), the Borough Council designated the entirety of the Borough (the “Rehabilitation Area”) as an “Area in Need of Rehabilitation” pursuant to the Redevelopment Law; and WHEREAS, by way of Ordinance 2020-15, adopted on September 13, 2021, the Borough Council adopted an amendment to the Original Redevelopment Plan entitled the “Amended Oakite Site Redevelopment Plan”, dated August 18, 2021, (the “Amended Redevelopment Plan”), which supersedes the Original Redevelopment Plan and sets forth plans for the development, revitalization, rehabilitation, and redevelopment of both Block 71, Lot 37.01 and Lot 37.02 (the “Oakite Redevelopment Area”); and WHEREAS, under the Amended Redevelopment Plan, the Oakite Redevelopment Area was divided into five (5) parcels identified as “Parcel A,” “Parcel B,” “Parcel C,” “Parcel D” and “Parcel E”; and WHEREAS, the Redevelopment Law, N.J.S.A. 40A:12A-8(f), authorizes the Borough to arrange or contract with a redeveloper for the planning, construction, or undertaking of any project or redevelopment work in an area designated as an area in need of redevelopment or rehabilitation; and WHEREAS, the Borough Council has executed a Redevelopment Agreement with Metuchen III, LLC, dated November 3, 2021 (the “Redevelopment Agreement”), which calls for, inter alia: (1) the undertaking of preliminary site preparation and remediation work on the Oakite Redevelopment Area; (2) the obtaining of governmental approvals; the financing and completion of remediation; and the development of an extended roadway over Block 71, Lot 37.01, connecting Lots 37.01 and 37.02, referred to in the Amended Redevelopment Plan as the “Mid-Block Connector Roadway”; (3) the construction of a coffee shop with a drive-thru on Parcel C; and (4) the construction of a daycare center on Parcel E; all in accordance with the Amended Redevelopment Plan and as more particularly described in the Redevelopment Agreement; and WHEREAS, the Amended Redevelopment Plan was further amended by way of Ordinance 2023-03, adoted on March 6, 2023, to allow Class 5 Retail Cannabis Use on Parcel A; and WHEREAS, thereafter, Dasco Solutions, LLC received a Resolution of Municipal Support, by way of Resolution No. 2024-87 adopted on February 12, 2024, from the Borough Council for a Class 5 Cannabis Retail Cannabis license to operate a Class-5 retail cannabis establishment within the Borough of Metuchen on the Parcel A; and WHEREAS, by way of Resolution No. 2025-64 adopted on January 1, 2025, the Borough Council amended its Resolution of Municipal Support to reflect the name change from Dasco Solutions, LLC, to Honeystash, LLC; and WHEREAS, the construction and operation of the Class 5 Cannabis Retail facility on Parcel A requires the execution of a Redevelopment Agreement; and WHEREAS, Metuchen III is the owner of Parcel A and has entered into a lease with Dasco Solutions, LLC/Honeystash, LLC, to operate a Class 5 Cannabis Retail factility on Parcel A; and Borough Council Meeting January 27, 2025 WHEREAS, as owner of Parcel A, Metuchen III proposes to undertake certain obligations regarding the redevelopment of Parcel A, “Redeveloper,” and that certain tenant fit-out components of the proposed Class 5 Cannabis Retail factility should be completed by Honeystash, LLC, as a “Sub-Redeveloper;” and WHEREAS, the Borough Council considers it to be in the best interest of the Borough to enter into the First Redevelopment Agreement with Metuchen III as Master Redeveloper to facilitate the Redevelopment of Parcel A. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Metuchen, County of Middlesex, and State of New Jersey: 1. That the Borough Council does hereby authorize the execution of the First Amendment to Redevelopment Agreement between the Borough of Metuchen and Metuchen III, LLC. 2. That the Borough Council does hereby authorize the Mayor and/or Borough Administrator and the Borough Clerk to execute said First Amendment to Redevelopment Agreement on behalf of the Borough of Metuchen, subject to the approval of the Borough Administrator, Borough Auditor, Borough Solicitor, and Borough Redevelopment Counsel. BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately upon adoption. RESOLUTION 2025-85 RESOLUTION AUTHORIZING EXECUTION OF A SUB-REDEVELOPMENT AGREEMENT WITH HONEYSTASH, LLC FOR PARCEL A WITHIN FORMER BLOCK 71, LOT 37.01 WHEREAS, the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq., as amended and supplemented (the “Redevelopment Law”), provides a process for municipalities to participate in the redevelopment and improvement of areas in need of rehabilitation or redevelopment; and WHEREAS, pursuant to Resolution No. 2015-147, adopted on June 15, 2015, the Mayor and Council of the Borough of Metuchen (the “Borough Council”) designated certain properties within the Borough, including a portion the property identified on the Official Tax Map of the Borough of Metuchen (the “Borough”) as Block 71, Lot 37.01, as a Non-Condemnation Area in Need of Redevelopment in accordance with the Redevelopment Law; and WHEREAS, by way of Ordinance No. 2018-24, adopted on October 15, 2018, the Borough Council adopted the “Oakite Site Redevelopment Plan, Borough of Metuchen, New Jersey, Block 71, Lot 37.01” dated September 2018, (the “Original Redevelopment Plan”), which sets forth, inter alia, the plans for the development, revitalization, rehabilitation, and redevelopment of the Redevelopment Area; and WHEREAS, by way of Resolution 2020-50, adopted on February 3, 2020 (the “Rehabilitation Resolution”), the Borough Council designated the entirety of the Borough (the “Rehabilitation Area”) as an “Area in Need of Rehabilitation” pursuant to the Redevelopment Law; and WHEREAS, by way of Ordinance 2020-15, adopted on September 13, 2021, the Borough Council adopted an amendment to the Original Redevelopment Plan entitled the “Amended Oakite Site Redevelopment Plan”, dated August 18, 2021, (the “Amended Redevelopment Plan”), which supersedes the Original Redevelopment Plan and sets forth plans for the development, revitalization, rehabilitation, and redevelopment of both Block 71, Lot 37.01 and Lot 37.02 (the “Oakite Redevelopment Area”); and Borough Council Meeting January 27, 2025 WHEREAS, under the Amended Redevelopment Plan, the Oakite Redevelopment Area was divided into five (5) parcels identified as “Parcel A,” “Parcel B,” “Parcel C,” “Parcel D” and “Parcel E”; and WHEREAS, the Redevelopment Law, N.J.S.A. 40A:12A-8(f), authorizes the Borough to arrange or contract with a redeveloper for the planning, construction, or undertaking of any project or redevelopment work in an area designated as an area in need of redevelopment or rehabilitation; and WHEREAS, the Borough Council has executed a Redevelopment Agreement with Metuchen III, LLC, dated November 3, 2021 (the “Redevelopment Agreement”), which calls for, inter alia: (1) the undertaking of preliminary site preparation and remediation work on the Oakite Redevelopment Area; (2) the obtaining of governmental approvals; the financing and completion of remediation; and the development of an extended roadway over Block 71, Lot 37.01, connecting Lots 37.01 and 37.02, referred to in the Amended Redevelopment Plan as the “Mid-Block Connector Roadway”; (3) the construction of a coffee shop with a drive-thru on Parcel C; and (4) the construction of a daycare center on Parcel E; all in accordance with the Amended Redevelopment Plan and as more particularly described in the Redevelopment Agreement; and WHEREAS, the Amended Redevelopment Plan was further amended by way of Ordinance 2023-03, adoted on March 6, 2023, to allow Class 5 Retail Cannabis Use on Parcel A; and WHEREAS, thereafter, Dasco Solutions, LLC received a Resolution of Municipal Support, by way of Resolution No. 2024-87 adopted on February 12, 2024, from the Borough Council for a Class 5 Cannabis Retail Cannabis license to operate a Class-5 retail cannabis establishment within the Borough of Metuchen on the Parcel A; and WHEREAS, by way of Resolution No. 2025-64 adopted on January 1, 2025, the Borough Council amended its Resolution of Municipal Support to reflect the name change from Dasco Solutions, LLC, to Honeystash, LLC; and WHEREAS, the construction and operation of the Class 5 Cannabis Retail facility on Parcel A requires the execution of a Redevelopment Agreement; and WHEREAS, Metuchen III is the owner of Parcel A and has entered into a lease with Dasco Solutions, LLC/Honeystash, LLC, to operate a Class 5 Cannabis Retail factility on Parcel A; and WHEREAS, as owner of Parcel A, Metuchen III proposes to undertake certain obligations regarding the redevelopment of Parcel A, “Redeveloper,” and that certain tenant fit-out components of the proposed Class 5 Cannabis Retail factility should be completed by Honeystash, LLC, as a “Sub-Redeveloper;” and WHEREAS, the Borough Council considers it to be in the best interest of the Borough to enter into the Sub-Redevelopment Agreement with Honeystash, LLC as Sub-Redeveloper to facilitate the redevelopment of Parcel A. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Metuchen, County of Middlesex, and State of New Jersey: 1. That the Borough Council does hereby authorize the execution of the Sub- Redevelopment Agreement between the Borough of Metuchen and Honeystash, LLC. 2. That the Borough Council does hereby authorize the Mayor and/or Borough Administrator and the Borough Clerk to execute said Sub-Redevelopment Agreement on behalf of the Borough of Metuchen, subject to the approval of the Borough Administrator, Borough Auditor, Borough Solicitor, and Borough Redevelopment Counsel. BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately upon adoption. Borough Council Meeting January 27, 2025 Other New Business Council President Delia made a motion to approve Resolution 2025-86 authorizing payment of the bill list in the amount of $8,238,055.74, second by Councilmember Giamboi, with all in favor, motion carried, 5-0. RESOLUTION 2025-86 RESOLUTION AUTHORIZING THE PAYMENT OF THE BILL LIST BE IT RESOLVED, by the Mayor and Council of the Borough of Metuchen that the proper warrants be drawn, and all bills be paid totaling $8,238,055.74. Adjournment Council President Delia made a motion to adjourn the meeting, second by Councilmember Giamboi, with all in favor, 5-0, the meeting was adjourned at 8:09 p.m. Respectfully Submitted, Deborah Zupan, RMC Borough Clerk

Agenda

*** DRAFT – SUBJECT TO CHANGE *** BOROUGH COUNCIL AGENDA REGULAR MEETING JANUARY 27, 2025 7:30 P.M. Reading Of Sunshine Notice Flag Salute Roll Call Agenda Session Swearing in of Police Officer Public Comment Borough Council Meeting Minutes Approval of Borough Council Meeting Minutes of December 9, 2024 Communications Consent Agenda – Items A-D A. Receive and Accept Environmental Commission Meeting Minutes of June 19, 2024 B. Receive and Accept Shade Tree Commission Meeting Minutes of November 12, 2024 C. Receive and Accept Zoning Board Meeting Minutes of September 12, 2024, October 10, 2024, and December 12, 2024 D. Receive and Accept Resignation of Joanne Markano from the CARES Committee Ordinance – Public Hearing Ord. 2025-02 ORDINANCE AMENDING THE CODE OF THE BOROUGH OF METUCHEN AND THE COMPOSITION OF THE ARTS COUNCIL Regular Meeting 01.27.2025 Ordinance – Introduction Ord. 2025-03 ORDINANCE OF THE BOROUGH OF METUCHEN AUTHORIZING EXECUTION OF A RIGHTS-OF-WAY AGREEMENT BETWEEN THE BOROUGH OF METUCHEN AND COMCAST OF NEW JERSEY II, LLC TO PERMIT THE INSTALLATION, USE, AND MAINTENANCE OF CABLE TELEVISION AND TELECOMMUNICATIONS FACILITIES WITHIN PUBLIC RIGHTS- OF-WAY FOR PURPOSES OF PROVIDING CABLE TELEVISION AND TELECOMMUNICATIONS SERVICES. Report of the Borough Administrator Reports of Council Members Report of the Mayor New Business Consent Agenda – Resolutions 2025-67 to 2025-85 R2025-67 RESOLUTION TO AMEND THE 2025 TEMPORARY BUDGET R2025- 68 RESOLUTION AUTHORIZING RESERVE TRANSFERS R2025-69 RESOLUTION COMMITTING TO DCA’S FOURTH ROUND AFFORDABLE HOUSING PRESENT NEED AND PROSPECTIVE NEED NUMBERS R2025-70 RESOLUTION APPOINTING MUNICIPAL OFFICE OF EMERGENCY MANAGEMENT COORDINATOR R2025-71 RESOLUTION APPOINTING MUNICIPAL OFFICE OF EMERGENCY MANAGEMENT DEPUTY COORDINATORS R2025-72 RESOLUTION AUTHORIZING THE AMENDMENT TO RESOLUTION NO. 2025-38 FOR THE AWARD OF CONTRACT FOR BOROUGH REDEVELOPMENT COUNSEL - HOAGLAND R2025-73 RESOLUTION AUTHORIZING THE AMENDMENT TO RESOLUTION NO. 2025-39 FOR THE AWARD OF CONTRACT FOR BOROUGH REDEVELOPMENT COUNSEL - MALEY Regular Meeting 01.27.2025 R2025-74 RESOLUTION AUTHORIZING MEMORANDUM OF UNDERSTANDING WITH THE RUTGERS UNIVERSITY BEHAVIORAL HEALTH CARE SERVICES R2025-75 RESOLUTION AUTHORIZING A MEMORANDUM OF UNDERSTANDING WITH THE NEW JERSEY OFFICE OF EMERGENCY MANAGEMENT R2025-76 RESOLUTION AUTHORIZING THE TAX ASSESSOR AND TAX APPEAL ATTORNEY TO FILE COUNTER CLAIMS AND/OR DIRECT CLAIMS AND PEITITIONS OF APPEAL ON CLASS 4 PROPERTIES R2025-77 RESOLUTION TO CANCEL AND REFUND 2024 TAXES AS A RESULT OF COUNTY ADDED TAX APPEAL R2025-78 RESOLUTION AUTHORIZING THE AWARD FOR PARTS AND MAINTENANCE AND REPAIR FOR LIGHT/MEDIUM DUTY VEHICLES THROUGH STATE CONTRACT R2025-79 RESOLUTION AUTHORIZING NJWCPS CONTRACT FOR VARIOUS MANUFACTURER PUMPS AND MOTORS REPAIR AND REPLACEMENT AND INSTALLATION R2025-80 RESOLUTION AUTHORIZING AWARD OF A WINDOW CONTRACT FOR VAPOR RECOVERY SYSTEMS ON GASOLINE TANKS: TESTING & REPAIR THROUGH NEW JERSEY STATE CONTRACT AWARD R2025-81 RESOLUTION AUTHORIZING CHANGE ORDER #1 AND FINAL CONTRACT INCREASE FOR GPC, INC. – PUBLIC WORKS BREAKROOM REPAIRS R2025-82 RESOLUTION TO GRANT EXEMPTION FOR TOTALLY DISABLED VETERAN AND TO REFUND AND CANCEL 2024 TAXES R2025-83 RESOLUTION AUTHORIZING RELEASE OF STREET OPENING BONDS R2025-84 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO REDEVELOPMENT AGREEMENT WITH METUCHEN III, LLC FOR BLOCK 71, A PORTION OF LOT 37.01 AND LOT 37.02 Regular Meeting 01.27.2025 R2025-85 RESOLUTION AUTHORIZING EXECUTION OF A SUB- REDEVELOPMENT AGREEMENT WITH HONEYSTASH, LLC FOR PARCEL A WITHIN FORMER BLOCK 71, LOT 37.01 Other New Business R2025-86 RESOLUTION AUTHORIZING PAYMENT OF THE BILL LIST IN THE AMOUNT OF $8,238,055.74 Adjournment The Borough of Metuchen does not discriminate against persons with disabilities. Those individuals requiring auxiliary aids and services were necessary must notify the ADA Coordinator of the Borough of Metuchen at least seventy-two (72) hours in advance of the meeting or scheduled activity. ORDINANCE 2025-02 Borough of Metuchen County of Middlesex State of New Jersey ORDINANCE AMENDING THE CODE OF THE BOROUGH OF METUCHEN AND THE COMPOSITION OF THE ARTS COUNCIL WHEREAS, the Mayor and Council of the Borough of Metuchen have determined that it is in the best interest of the Borough to amend the composition of the Arts Council of the Borough of Metuchen decreasing the overall membership from eighteen (18) members to sixteen (16) members. NOW THEREFOR BE IT ORDAINED by the Council of the Borough of Metuchen that it hereby amends § 10-22 and § 10-23 of Chapter 10, Article 5 of the Code of the Borough of Metuchen to state as follows: Article 5. Arts Council § 10-22. Establishment; composition. There is hereby established an Arts Council which shall be composed of 16 18 citizens of the Borough who shall serve without compensation, plus that member of the Borough Council serving as liaison from year to year. All 16 18 citizen members shall serve, on a staggered basis, for a term of three years. Each of the 13 citizens currently serving as full members of the Arts Council shall continue, without need for reappointment, until the expiration of their respective current terms. With respect to the five citizen members added by this article, two shall be appointed for one year, two shall be appointed for two years and one shall be appointed for a three-year term, all terms to expire at the organizational meeting of the Mayor and Council in January for each respective term. § 10-23. Appointment; selection of Chairperson; vacancies. All 16 18 citizen members shall be nominated by the Mayor and confirmed with the advice and consent of the Borough Council. The Borough Council liaison shall be designated every year at the annual reorganization meeting of the Borough by the members of the Borough Council. All members shall serve until their successors are duly appointed and qualified. The members of the Arts Council shall designate one of its citizen members as Chairperson and that individual shall serve until the first day of January next following that election and until his or her successor shall be appointed and qualified. Vacancies occurring other than by the expiration of the term shall be filled in the manner prescribed therein, but only for the balance of the unexpired term. Ord. 2025-02 BE IT FURTHER ORDAINED by the Mayor and Council that all prior ordinances, or sections of ordinances, inconsistent with the within ordinance are hereby repealed. BE IT FURTHER ORDAINED by the Mayor and Council that all remaining sections of Chapter 10, Sections 1 through 21 and Sections 24 through 46 not amended herein shall not be affected thereby and shall remain in full force and effect unless amended by further Ordinance. BE IT FURTHER ORDAINED by the Mayor and Council that if any section, subsection, paragraph, sentence, clause or phrase of this Ordinance shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this Ordinance, which shall continue in full force and effect, and to this end, the provisions of this Ordinance are hereby declared to be severable; and BE IT FURTHER ORDAINED by the Mayor and Council that this ordinance shall become effective immediately upon final passage and publication as provided by law. ORDINANCE 2025–XX Borough of Metuchen County of Middlesex State of New Jersey ORDINANCE OF THE BOROUGH OF METUCHEN AUTHORIZING EXECUTION OF A RIGHTS-OF-WAY AGREEMENT BETWEEN THE BOROUGH OF METUCHEN AND COMCAST OF NEW JERSEY II, LLC TO PERMIT THE INSTALLATION, USE, AND MAINTENANCE OF CABLE TELEVISION AND TELECOMMUNICATIONS FACILITIES WITHIN PUBLIC RIGHTS-OF-WAY FOR PURPOSES OF PROVIDING CABLE TELEVISION AND TELECOMMUNICATIONS SERVICES. WHEREAS, Comcast of New Jersey II, LLC (hereinafter referred to as “Comcast”) is a cable television company with officers located at 800 Rahway Avenue, Union, New Jersey 07083 that is subject to the jurisdiction of the New Jersey Board of Public Utilities (the “Board”); and WHEREAS, in accordance with and pursuant to the New Jersey Cable Telecommunications Act (N.J.S.A. 48:5A-1 et seq.), Comcast intends to apply to the Board for a system-wide franchise authorizing Comcast to construct, operate, and maintain a cable television system in the Borough of Metuchen (the “Borough”); and WHEREAS, in accordance with N.J.S.A. 48:5A-3(r), this Ordinance evidences that Comcast has proposed to place consumer video, cable, and telecommunications plant in the Borough; and WHEREAS, Comcast has requested the Borough’s approval to occupy public rights-of- way within the Borough for the purpose of constructing, installing, operating, repairing, maintaining, and replacing its cable television system; and WHEREAS, the Borough is authorized to approve the entry into a Rights-of Way Agreement with Comcast pursuant to N.J.S.A. 48:17-10 and N.J.S.A. 48:5A-25.1(b); and WHEREAS, the Mayor and Council of the Borough of Metuchen have determined it is in the best interests of the Borough and its citizens for the Borough to grant non-exclusive consent to Comcast to occupy the public rights-of-way within the Borough for this purpose; and WHEREAS, the Borough’s consent is and shall be conditional upon Comcast’s application and it obtaining the required authorization from the Board to construct, operate, and maintain a cable television system within the Borough; Comcast’s compliance with all existing and future applicable ordinances; and Comcast’s entering into a written agreement with the Borough to indemnify and hold the Borough harmless as to all claims and liability resulting from any injury or damage caused by Comcast which may arise from the construction, installation, operation, repair, maintenance, disconnection, replacement, and removal of its cable television system within certain public rights-of-way and its provision of liability insurance coverage for personal injury and property damage; and WHEREAS, this Ordinance authorizes Comcast to occupy the public rights-of way within the boundaries of the Borough, and Comcast will apply for permits as necessary and obtain the Borough’s approvals to construct, install, operate, repair, maintain or replace its cable television system facilities in the Borough. NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Metuchen, in the County of Middlesex, State of New Jersey, as follows: 1. The Borough of Metuchen hereby grants non-exclusive consent to Comcast of New Jersey II, LLC to occupy the public rights-of-way within the Borough for the purpose of construction, installation, operation, repair, maintenance, and replacement of a cable television system for a period of fifty (50) years from the date that the Board approves Comcast’s application for a system-wide franchise. 2. The Borough’s granted permission is conditioned upon Comcast securing the required authorization from the New Jersey Board of Public Utilities to construct, operate, and maintain a cable television system in the Borough. 3. The Borough’s granted permission is further conditioned upon Comcast entering into a Rights-of-Way Use Agreement with the Borough and providing liability and property damage insurance coverage. 4. The Borough’s granted permission herein is also conditioned upon Comcast, at its sole cost and expense, obtaining any and all permissions required by applicable Federal and State law from the owner(s) of the existing Utility Poles and/or structures. 5. The Mayor and Borough Clerk are hereby authorized to execute and attest to, respectively, any and all documents, including the Right-of-Way Use Agreement in substantially similar form as attached hereto, subject to the review and approval of the Borough Attorney. 6. If any section paragraph, subdivision, clause, sentence, phrase, or provision of this Ordinance is declared unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the remaining portions of this Ordinance. 7. A copy of this Ordinance shall take effect after second reading and publication, as required by law. BE IT FURTHER ORDAINED by the Council of the Borough of Metuchen that it hereby authorizes all Borough Officials and Employees to take all necessary action in order to effectuate the within Ordinance. RESOLUTION 2025-67 Borough of Metuchen County of Middlesex State of New Jersey RESOLUTION TO AMEND THE 2025 TEMPORARY BUDGET WHEREAS, N.J.S.A. 40A:4-19 of the Local Budget Act provides that temporary appropriations shall be made for the purposes and amounts required in the manner and time therein provided. NOW, THEREFORE, BE IT RESOLVED that the following additional temporary emergency appropriations shall be made for the year 2025, effective January 27, 2025: JIF OE (100,000.00) PERS OE 626,572.00 PFRS OE 1,353,771.00 Mayor & Council OE 4,000.00 Clerk OE 1,000.00 Public Works Administration OE 2,000.00 Office of Emergency Management S&W 10,000.00 Municipal Court OE 4,000.00 Sewers OE 30,000.00 TOTAL 1,931,343.00 I hereby certify the foregoing to be a true copy of a resolution adopted by the Borough Council of the Borough of Metuchen, Middlesex County, New Jersey at a regular meeting held on January 27, 2025. _______________________________ Deborah Zupan, RMC, Borough Clerk RESOLUTION 2025-68 Borough of Metuchen County of Middlesex State of New Jersey RESOLUTION AUTHORIZING RESERVE TRANSFERS WHEREAS, there are unexpended balances in various 2024 appropriation reserve accounts not required for the balance of 2024; and WHEREAS, additional sums are required for the operating expenses of other Borough accounts. NOW, THEREFORE, BE IT RESOLVED that the following transfers be approved: APPROPRIATION TRANSFER TRANSFER IN OUT Streets & Roads OE 20,000.00 Public Works Administration S&W 20,000.00 Utilities 16,000.00 Gasoline & Diesel Fuel 16,000.00 TOTALS 36,000.00 36,000.00 I hereby certify the foregoing to be a true copy of a resolution adopted by the Borough Council of the Borough of Metuchen, Middlesex County, New Jersey at a regular meeting held on January 27, 2025. _______________________________ Deborah Zupan, RMC, Borough Clerk RESOLUTION 2025-69 Borough of Metuchen County of Middlesex State of New Jersey RESOLUTION COMMITTING TO DCA’S FOURTH ROUND AFFORDABLE HOUSING PRESENT NEED AND PROSPECTIVE NEED NUMBERS WHEREAS, on March 20, 2024, Governor Murphy signed into law an Amendment to the Fair Housing Act (N.J.S.A. 52:27D-301 et seq.) (hereinafter “Amended FHA”); and WHEREAS, the Amended FHA requires the Department of Community Affairs (“DCA”) to produce non-binding estimates of fair share obligations on or before October 20, 2024; and WHEREAS, the DCA issued a report on October 18, 2024 (“DCA Report”) wherein it reported its estimate of the obligation for all municipalities based upon its interpretation of the standards in the Amended FHA; and WHEREAS, the DCA Report calculates the Borough of Metuchen’s Round 4 (2025-2035) obligations as follows: a Present Need or Rehabilitation Obligation of 5 and a Prospective Need or New Construction Obligation of 120; and WHEREAS, the Amended FHA provides that the DCA Report is non-binding, thereby inviting municipalities to demonstrate that the Amended FHA would support lower calculations of Round 4 affordable housing obligations; and WHEREAS, the Amended FHA further provides that “[a]ll parties shall be entitled to rely upon regulations on municipal credits, adjustments, and compliance mechanisms adopted by COAH unless those regulations are contradicted by statute, including P.L. 2024, c.2, or binding court decisions” (N.J.S.A. 52:27D-311(m)); and WHEREAS, COAH regulations authorize vacant land adjustments as well as durational adjustments; and WHEREAS, based on the foregoing, the Borough of Metuchen accepts the DCA calculations of Metuchen’s fair share obligations and commits to its fair share of 5 units present need and 120 units prospective need subject to any vacant land and/or durational adjustments it may seek as part of the Housing Plan element and Fair Share Plan element it subsequently submits in accordance with the Amended FHA; and WHEREAS, the Borough of Metuchen reserves the right to comply with any additional amendments to the FHA that the Legislature may enact; and R2025-69 WHEREAS, the Borough of Metuchen also reserves the right to adjust its position in the event of any rulings in the Montvale case (MER-L-1778-24) or any other such action that alters the deadlines and/or requirements of the Amended FHA; and WHEREAS, in the event that a third party challenges the calculations provided for in this Resolution, the Borough of Metuchen reserves the right to take such position as it deems appropriate in response thereto, including that its Round 4 Present or Prospective Need Obligations should be lower than described herein; and WHEREAS, in light of the above, the Borough Council of the Borough of Metuchen finds that it is in the best interest of the Borough of Metuchen to declare its commitment to the obligations reported by the DCA on October 18, 2024 subject to the reservations set forth herein; and WHEREAS, in addition to the above, the Acting Administrative Director issued Directive #14-24, dated December 13, 2024, and made the directive available later in the week that followed; and WHEREAS, pursuant to Directive #14-24, a municipality seeking a certification of compliance with the FHA shall file an action in the form of a declaratory judgment complaint in the county in which the municipality is located within 48 hours after adoption of the municipal resolution of fair share obligations, or by February 3, 2025, whichever is sooner”; and WHEREAS, the Borough of Metuchen seeks a certification of compliance with the FHA and, therefore, directs its Affordable Housing Counsel, Renaud Colicchio LLC, to file a declaratory relief action within 48 hours of the adoption of this resolution in Middlesex County. NOW, THEREFORE, BE IT RESOLVED on this 27th day of January 2025 by the Borough Council of the Borough of Metuchen as follows: 1. All of the above Whereas Clauses are incorporated into the operative clauses of this resolution. 2. The Borough of Metuchen hereby commits to the DCA Round 4 Present Need Obligation of 5 units and the Round 4 Prospective Need Obligation of 120 units described in this resolution, subject to all reservations of rights set forth above. 3. The Borough of Metuchen hereby directs its Affordable Housing Counsel, Renaud Colicchio LLC, to file a declaratory judgment complaint in Middlesex County within 48 hours after adoption this resolution, attaching this resolution. 4. The Borough of Metuchen authorizes its Affordable Housing Counsel to attach this resolution as an exhibit to the declaratory judgment action that is filed and to submit and/or file this resolution with the Program or any other such entity as may be determined to be appropriate. 5. This resolution shall take effect immediately, according to law. 2 R2025-69 I hereby certify the foregoing to be a true copy of a resolution adopted by the Borough Council of the Borough of Metuchen, Middlesex County, New Jersey at a regular meeting held on January 27, 2025. _______________________________ Deborah Zupan, RMC, Borough Clerk 3 RESOLUTION 2025-70 RESOLUTION APPOINTING MUNICIPAL OFFICE OF EMERGENCY MANAGEMENT COORDINATOR BE IT RESOLVED, by the Borough Council of the Borough of Metuchen that Arthur Flaherty be appointed as a Municipal Office of Emergency Management Coordinator with a term starting January 1, 2025 to expire on December 31, 2026. I hereby certify the foregoing to be a true copy of a resolution adopted by the Borough Council of the Borough of Metuchen, Middlesex County, New Jersey at a regular meeting held on January 27, 2025. _______________________________ Deborah Zupan, RMC, Borough Clerk RESOLUTION 2025-71 RESOLUTION APPOINTING MUNICIPAL OFFICE OF EMERGENCY MANAGEMENT DEPUTY COORDINATORS BE IT RESOLVED, by the Borough Council of the Borough of Metuchen that the individuals named below be appointed as Municipal Office of Emergency Management Deputy Coordinators for the term starting January 1, 2025 and ending December 31, 2026; James Burns Angelo Donato III Keith O’Brien RESOLUTION 2025-72 Borough of Metuchen County of Middlesex State of New Jersey RESOLUTION AUTHORIZING THE AMENDMENT TO RESOLUTION NO. 2025-38 FOR THE AWARD OF CONTRACT FOR BOROUGH REDEVELOPMENT COUNSEL WHEREAS, by way of Resolution No. 2025-38, the Borough of Metuchen authorized and awarded a contract to the law firm of Hoagland, Longo, Dunst & Doukas, LLP., located at 40 Paterson Street, New Brunswick, NJ 08901 to service as Borough Redevelopment Counsel for the Borough of Metuchen for a cost not to exceed $5,000.00 as a fair and open contract pursuant to N.J.S.A. 19:44A-20.4; and WHEREAS, the Borough of Metuchen has determined that there is a need to amend Resolution No. 2025-38, and the authorization and award of contract to Hoagland, Longo, Dunst & Doukas, LLP to include additional legal services relating to proposed and existing redevelopment projects within the Borough; and WHEREAS, the Chief Financial Officer anticipates that the value of the additional services to be rendered will exceed $5,000; and WHEREAS, the anticipated term of this contract shall remain through the calendar year 2025; and WHEREAS, the maximum amount of the additional services under the contract shall not exceed $50,000.00 and the Chief Financial Officer has certified that there are sufficient funds for such additional services and amendment to the contract and are available and designated from the Middlesex County Arts & History Capital Grant Account Number G-02-41-760-310 for these services. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Metuchen that Resolution No. 2025-38 is hereby amended to include the additional Redevelopment Legal Counsel services relating to proposed and existing redevelopment projects sought by the Borough at an additional cost not to exceed $50,000.00. BE IT FURTHER RESOLVED by the Mayor and Council that it hereby authorizes the amendment to the award of contract to Hoagland, Longo, Dunst & Doukas, LLP for the provision of the additional Redevelopment Legal Counsel services relating to proposed and existing redevelopment projects sought by the Borough at an additional cost not to exceed $50,000.00 for a total contract cost not to exceed $55,000.00; and BE IT FURTHER RESOLVED that the Mayor and Borough Clerk are hereby authorized and directed to execute all documentation required to effectuate the within Resolution including R2025-72 but not limited to an amendment to the existing professional services agreement with the firm of Hoagland, Longo, Dunst & Doukas, LLP; and BE IT FURTHER RESOLVED that the existing contract with Hoagland, Longo, Dunst & Doukas, LLP was awarded as a fair and open "Professional Service" in accordance with N.J.S.A. 19:44A-20.4; and BE IT FURTHER RESOLVED by the Mayor and Council that Notice of this action shall be printed once in The Home News Tribune. I hereby certify the foregoing to be a true copy of a resolution adopted by the Borough Council of the Borough of Metuchen, Middlesex County, New Jersey at a regular meeting held on January 27, 2025. _______________________________ Deborah Zupan, RMC, Borough Clerk RESOLUTION 2025-73 Borough of Metuchen County of Middlesex State of New Jersey RESOLUTION AUTHORIZING THE AMENDMENT TO RESOLUTION NO. 2025-39 FOR THE AWARD OF CONTRACT FOR BOROUGH REDEVELOPMENT COUNSEL WHEREAS, by way of Resolution No. 2025-39, the Borough of Metuchen authorized and awarded a contract to the law firm of Maley Givens, a Professional Corp., located at 1150 Haddon Avenue, Suite 210, Collingswood, NJ 08108 to service as Borough Redevelopment Counsel for the Borough of Metuchen for a cost not to exceed $50,000.00 as a fair and open contract pursuant to N.J.S.A. 19:44A-20.4; and WHEREAS, the Borough of Metuchen has determined that there is a need to amend Resolution No. 2025-39, and the authorization and award of contract to Maley Givens, PC to include additional legal services relating to proposed and existing redevelopment projects within the Borough; and WHEREAS, the Chief Financial Officer anticipates that the value of the additional services to be rendered will exceed $5,000; and WHEREAS, the anticipated term of this contract shall remain through the calendar year 2025; and WHEREAS, the maximum amount of the additional services under the contract shall not exceed $50,000.00 and the Chief Financial Officer has certified that there are sufficient funds for such additional services and amendment to the contract and are available and designated from the NJ Department of Community Affairs Design and Development of Arts District Grant G-02-41- 788-315 for these services. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Metuchen that Resolution No. 2025-39 is hereby amended to include the additional Redevelopment Legal Counsel services relating to proposed and existing redevelopment projects sought by the Borough at an additional cost not to exceed $50,000.00. BE IT FURTHER RESOLVED by the Mayor and Council that it hereby authorizes the amendment to the award of contract to Maley Givens, PC for the provision of the additional Redevelopment Legal Counsel services relating to proposed and existing redevelopment projects sought by the Borough at an additional cost not to exceed $50,000.00 for a total contract cost not to exceed $100,000.00; and BE IT FURTHER RESOLVED that the Mayor and Borough Clerk are hereby authorized and directed to execute all documentation required to effectuate the within Resolution including R2025-73 but not limited to an amendment to the existing professional services agreement with the firm of Maley Givens, PC; and BE IT FURTHER RESOLVED that the existing contract with Maley Givens, PC was awarded as a fair and open "Professional Service" in accordance with N.J.S.A. 19:44A-20.4; and BE IT FURTHER RESOLVED by the Mayor and Council that Notice of this action shall be printed once in The Home News Tribune. I hereby certify the foregoing to be a true copy of a resolution adopted by the Borough Council of the Borough of Metuchen, Middlesex County, New Jersey at a regular meeting held on January 27, 2025. ________________________________ Deborah Zupan, RMC, Borough Clerk RESOLUTION 2025-74 Borough of Metuchen County of Middlesex State of New Jersey RESOLUTION AUTHORIZING MEMORANDUM OF UNDERSTANDING WITH THE RUTGERS UNIVERSITY BEHAVIORAL HEALTH CARE SERVICES WHEREAS, N.J.S.A. 30:4-27.1, et seq., sets forth a policy for public mental health cooperation between police departments and mental health service providers to insure the safe and effective delivery of mental health services responding to certain behavioral crisis calls; and WHEREAS the Mayor and Council of the Borough of Metuchen wish to support the delivery of said services by having the Borough of Metuchen Police Department participate in a pilot program with the Rutgers University Behavioral Health Care Services. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Metuchen, County of Middlesex, State of New Jersey, as follows: L The Mayor and Clerk of the Borough of Metuchen are hereby authorized to enter into a Memorandum. of Understanding with the Rutgers University Behavioral Health Care Services to cooperate in the delivery of behavioral health care services. 2. A copy of the Memorandum of Understanding is on file with the Borough Clerk and may be inspected during regular business hours. I hereby certify the foregoing to be a true copy of a resolution adopted by the Borough Council of the Borough of Metuchen, Middlesex County, New Jersey at a regular meeting held on January 27, 2025. _______________________________ Deborah Zupan, RMC, Borough Clerk RESOLUTION 2025-75 Borough of Metuchen County of Middlesex State of New Jersey RESOLUTION AUTHORIZING A MEMORANDUM OF UNDERSTANDING WITH THE NEW JERSEY OFFICE OF EMERGENCY MANAGEMENT WHEREAS, The New Jersey Office of Emergency Management (NJOEM), on behalf of the State of New Jersey, is the Grantee receiving funding under the FEMA Public Assistance and/or Hazard Mitigation programs as authorized under the Stafford Act and has the fiduciary responsibility to ensure those funds are spent on eligible Borough of Metuchen facilities and activities, and are properly reimbursed to the Borough of Metuchen; and WHEREAS, under current information provided, FEMA has determined that the Borough of Metuchen is eligible to apply for and/or receive FEMA funding under the Public Assistance and/or Hazard Mitigation programs, subject to approval of a Project Worksheet for Public Assistance or application for a Hazard Mitigation grant; and WHEREAS, the Memorandum of Understanding is part of the application for Disaster Assistance and will become effective and binding upon approval of a Project Worksheet or Hazard Mitigation Grant and signature on behalf of NJOEM. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Metuchen, County of Middlesex, State of New Jersey, as follows: L The Mayor and Clerk of the Borough of Metuchen are hereby authorized to enter into a Memorandum. of Understanding with the New Jersey Office of Emergency Management for the purposes described above. 2. A copy of the Memorandum of Understanding is on file with the Borough Clerk and may be inspected during regular business hours. I hereby certify the foregoing to be a true copy of a resolution adopted by the Borough Council of the Borough of Metuchen, Middlesex County, New Jersey at a regular meeting held on January 27, 2025. _______________________________ Deborah Zupan, RMC, Borough Clerk RESOLUTION 2025-76 Borough of Metuchen County of Middlesex State of New Jersey RESOLUTION AUTHORIZING THE TAX ASSESSOR AND TAX APPEAL ATTORNEY TO FILE COUNTER CLAIMS AND/OR DIRECT CLAIMS AND PEITITIONS OF APPEAL ON CLASS 4 PROPERTIES WHEREAS, it is anticipated that certain taxpayers of the Borough of Metuchen will file tax appeals disputing their assessed valuation for the year 2025; and WHEREAS, The Tax Assessor is of the opinion that certain properties, in some cases, are under assessed and that the assessed value of said properties should be increased and not decreased; and WHEREAS, the law permits a Municipality to counterclaim against the property owner to seek an increase in the assessed value and also to file direct appeals (Petitions and Complaints) with the County Board of Taxation and/or the Tax Court of New Jersey to seek and increase in the assessed value. NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of Metuchen that the Tax Assessor, Richard Duda and the Tax Appeal Attorney of the Borough of Metuchen, Robert Renaud, Esq., are authorized and directed to take whatever steps necessary and appropriate to file counterclaims and/or direct claims and petitions with respect to for (industrial, commercial and multi-family residential properties seeking to raise the assessed value of said properties to the value which the Tax Assessor deems to more properly reflect the value of said property for the tax year 2025. RESOLUTION 2025-17 Borough of Metuchen County of Middlesex State of New Jersey RESOLUTION TO CANCEL AND REFUND 2024 TAXES AS A RESULT OF COUNTY ADDED TAX APPEAL WHEREAS a successful County Tax Appeal judgment was awarded to the block and lot parcel described below, changing the assessed value for 2024 as follows. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Metuchen, that the Tax Collector be and is hereby authorized to reduce the 2024 tax billing on the following property due to the successful County Tax Appeal including amendments, in the amount of $1,512.71, and refund the resulting overpayment due to the successful County tax appeal in the amount of $1,512.71. Block/Lot/Qual Address Assessment Total Tax Reduction to Overpayment Reduction Reduction 2024 Levy Refunded 120/5 73 Hillside Ave Prorated 9 months 1,512.71 1,512.71 1,512.71 Decerbo, David 21,750.00 /Debra I hereby certify the foregoing to be a true copy of a resolution adopted by the Borough Council of the Borough of Metuchen, Middlesex County, New Jersey at a regular meeting held on January 27, 2025. _______________________________ Deborah Zupan, RMC, Borough Clerk RESOLUTION 2025-78 Borough of Metuchen County of Middlesex State of New Jersey RESOLUTION AUTHORIZING THE AWARD FOR PARTS AND MAINTENANCE AND REPAIR FOR LIGHT/MEDIUM DUTY VEHICLES THROUGH STATE CONTRACT WHEREAS, the authorization to purchase vehicle parts and maintenance and repair of light/medium duty fleet vehicles of the Borough of Metuchen, in the County of Middlesex, State of New Jersey; and WHEREAS, the award authorized these purchases through State Contract T0126–OEM & Non OEM Maintenance & Repair Services for Light/Medium Duty Vehicles, and through State Contract 19-FLEET-00915 OEM Automotive Parts and Accessories for Light Duty Vehicles Class 4 or Lower; and WHEREAS, state contract T0126, Vendor Contract 40808 is in effect from March 18, 2016 through March 17, 2024, extended until March 17, 2025 and state contract T2760, Contract 19- FLEET-00915, is in effect from August 5, 2019 through August 4, 2024; extended until August 4, 2025; and WHEREAS, the maximum amount for vehicle parts and maintenance and repair for fleet vehicles for the Borough of Metuchen is awarded in an amount not to exceed $45,100.00 of which $20,100 is certified from the 2024 Adopted Budget and is available and is designated from Account number Streets & Roads-Vehicle Maintenance & Repair, 4-01-26-765-025 and funds are anticipated to be available in the 2025 Temporary Budget and 2025 Adopted Budget as certified by the Chief Financial Officer and that there is sufficient funds for such award and is available and is designated from Account number Streets & Roads-Vehicle Maintenance & Repair, 5-01-26-765-025 in the amount of $25,000.00; and WHEREAS, the authorization to acquire OEM and non-OEM maintenance and repair services for light/medium duty vehicles through state contract T0126 expires on March 17, 2025; and WHEREAS, the authorization to acquire OEM automotive parts and accessories for light duty vehicles Class 4 or lower through state contract T2760 expires on August 4, 2025; and WHEREAS, public bids are not required when the purchase is under a state contract in accordance with 40A:11-12 of the Local Public Contracts Law; and WHEREAS, this procurement is awarded under N.J.S.A. 19:44A20.4 et seq. using a fair and open process to Malouf Ford Lincoln Inc, Inc. for the purchase of vehicle parts and maintenance and repair for fleet vehicles of the Borough of Metuchen. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of R2025-78 Metuchen, in the County of Middlesex as follows: The Chief Financial Officer and Borough Administrator are hereby authorized and directed to forward a purchase order to Malouf Ford Lincoln Inc., PO Box 7480, 2210 US Highway 1, North Brunswick, NJ, 08902, in an amount not to exceed $45,100.00. I hereby certify the foregoing to be a true copy of a resolution adopted by the Borough Council of the Borough of Metuchen, Middlesex County, New Jersey at a regular meeting held on January 27, 2025. _______________________________ Deborah Zupan, RMC, Borough Clerk RESOLUTION 2025-79 Borough of Metuchen County of Middlesex State of New Jersey RESOLUTION AUTHORIZING NJWCPS CONTRACT FOR VARIOUS MANUFACTURER PUMPS AND MOTORS REPAIR AND REPLACEMENT AND INSTALLATION WHEREAS, there exists a need for various pump and motor repair, replacement and installation for the Borough of Metuchen, County of Middlesex, State of New Jersey; and WHEREAS, various manufacturer pumps and motor repair, replacement and installation have been awarded through NJWCPS Contract No. B414-17 Various Manufacturers Pumps and Motors Repair and Replacement and Installation; and WHEREAS, the term of the contract is from August 1, 2024 through July 31, 2025; and WHEREAS, the authorization for purchases under this award expires on July 31, 2025; and WHEREAS, the Chief Financial Officer’s certification of funds is made authorizing the award for various manufacturer pumps and motor repair and replacement and installation in an amount not to exceed $30,000 from the 2025 Temporary Budget and 2025 Adopted Budget appropriation line item Sewers- Equipment Maintenance & Repair 5-01-26-773-026; and WHEREAS, purchase of goods and services is permitted through cooperative purchasing in accordance with 40A:11-11 of the Local Public Contracts Law and N.J.A.C 5:34-1 et seq; and WHEREAS, NJWCPS shall be responsible for complying with the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) and all other provisions of the revised statutes; and WHEREAS, this procurement is awarded under N.J.S.A. 19:44A20.4 et seq. using a fair and open process to Pumping Services, Inc. for various manufacturer pumps and motor repair and replacement and installation for the Borough of Metuchen. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Metuchen, in the County of Middlesex as follows: The Chief Financial Officer and Borough Administrator are hereby authorized and directed to approve and forward a purchase order to Pumping Services, Inc., 201 Lincoln Boulevard, New Jersey, 08846, in the amount not to exceed $30,000.00. I hereby certify the foregoing to be a true copy of a resolution adopted by the Borough Council of the Borough of Metuchen, Middlesex County, New Jersey at a regular meeting held on January 27, 2025. _______________________________ Deborah Zupan, RMC, Borough Clerk RESOLUTION 2025-80 Borough of Metuchen County of Middlesex State of New Jersey RESOLUTION AUTHORIZING AWARD OF A WINDOW CONTRACT FOR VAPOR RECOVERY SYSTEMS ON GASOLINE TANKS: TESTING & REPAIR THROUGH NEW JERSEY STATE CONTRACT AWARD WHEREAS, there exists a need to contract for testing and repairs to the vapor recovery systems on the Borough fuel tanks at the Borough of Metuchen, in the County of Middlesex, State of New Jersey; and WHEREAS, vapor recovery systems testing and repairs services can be purchased through NJ State Contract T2546-Vapor Recovery Systems on Gasoline Tanks: Testing & Repairs, Contract 19-GNSV1-00890, originally awarded on August 1, 2019, extended by change order #7 for the period August 1, 2024 through July 31, 2025; and WHEREAS, vapor recovery systems testing and repairs services quote is under the bid threshold as set by New Jersey Local Public Contracts Law N.J.S.A. 40A:11-1 et seq, but above $17,500.00 and is subject to vendor compliance with N.J.A.C. 10:5-31 et seq and N.J.A.C. 17-27; and WHEREAS, the Chief Financial Officer's Certification of Funds is made authorizing the award for the vapor recovery systems testing and repairs services for the Borough fuel storage tanks in the amount not to exceed $18,426.51 as certified by the Chief Financial Officer and that there are sufficient funds for such award and are available and are designated from Capital Bond Ordinance 2024-11, C-04-55-944-013 for these services. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Metuchen, in the County of Middlesex as follows: The Chief Financial Officer and Borough Administrator are hereby authorized and directed to approve and forward a Purchase Order to ATS Environmental Services, 286 Houses Corner Road, Sparta, NJ 07871. I hereby certify the foregoing to be a true copy of a resolution adopted by the Borough Council of the Borough of Metuchen, Middlesex County, New Jersey at a regular meeting held on January 27, 2025. _______________________________ Deborah Zupan, RMC, Borough Clerk RESOLUTION 2025-81 Borough of Metuchen County of Middlesex State of New Jersey RESOLUTION AUTHORIZING CHANGE ORDER #1 AND FINAL CONTRACT INCREASE FOR GPC, INC. – PUBLIC WORKS BREAKROOM REPAIRS WHEREAS, by way of Resolution 2024-233, a contract was approved for repairs and upgrades to the Department of Public Works breakroom. by the Mayor and Council and GPC, Inc.; and WHEREAS, on December 10, 2024, GPC, Inc. submitted a memo to the Borough for a Change Order increase to the Borough in the amount of $8,373.75, which was reviewed and approved by the Borough Administrator and Qualified Purchasing Agent ; and WHEREAS, the increase to the Borough for the Change Order #1 and Final is $8,373.75. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Metuchen that the proper officials are hereby authorized to execute the said attached Change Order #1 and Final. I hereby certify the foregoing to be a true copy of a resolution adopted by the Borough Council of the Borough of Metuchen, Middlesex County, New Jersey at a regular meeting held on January 27, 2025. _______________________________ Deborah Zupan, RMC, Borough Clerk RESOLUTION 2025-82 Borough of Metuchen County of Middlesex State of New Jersey RESOLUTION TO GRANT EXEMPTION FOR TOTALLY DISABLED VETERAN AND TO REFUND AND CANCEL 2024 TAXES WHEREAS, the Tax Assessor of the Borough of Metuchen has been provided sufficient proof that the owner of the property known as 12 Roosevelt Court, Block 93, Lot 113, in the Borough of Metuchen is owned by a 100% Permanently & Totally Disabled Veteran, as noted in a letter from the Department of Veterans Affairs dated November 4, 2024; and WHEREAS, the property owner John Dick, being determined to be totally and permanently disabled by the Department of Veteran Affairs applied to the Borough of Metuchen for the tax exemption on November 7, 2024, for Block 184, Lot 31 with supporting documents provided to the Tax Assessor of the Borough of Metuchen; and WHEREAS, the effective date for the 100% Permanently and Totally Disabled Veteran exemption from property taxes will be November 7, 2024. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Metuchen that the Chief Financial Officer/Tax Collector is hereby authorized to refund the homeowner the monies paid for 4th quarter 2024 taxes apportioned from November 7, 2024 to December 31, 2024 in the amount of $870.70 and to cancel 2024 taxes levied in 2024 in the amount of $870.70. I hereby certify the foregoing to be a true copy of a resolution adopted by the Borough Council of the Borough of Metuchen, Middlesex County, New Jersey at a regular meeting held on January 27, 2025. ________________________________ Deborah Zupan, RMC, Borough Clerk RESOLUTION 2025-83 Borough of Metuchen County of Middlesex State of New Jersey RESOLUTION AUTHORIZING RELEASE OF STREET OPENING BONDS WHEREAS, in accordance with the Borough of Metuchen Ordinance, $500.00 was posted as the required Performance Guarantee by the contractor named below, for work done at the addresses named below; and WHEREAS, the Superintendent of Public Works advises that said work has been completed in a manner satisfactory to his department; and WHEREAS, the Superintendent of Public Works advises the release of the monies previously deposited. NOW, THEREFORE, BE IT RESOLVED by The Borough Council of the Borough of Metuchen that the Chief Financial Officer be and is hereby authorized to release said funds to the contractors listed below: Permit Number Address Contractor 2023-91/ 104 Midland Avenue John Burton Plumbing and Heating PG 23-091 104 Norcross Ave. Unit B Metuchen, NJ 08840 2023-92/ 87 Summit Avenue John Burton Plumbing and Heating PG 23-092 104 Norcross Ave. Unit B Metuchen, NJ 08840 RESOLUTION 2025-84 Borough of Metuchen County of Middlesex State of New Jersey RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO REDEVELOPMENT AGREEMENT WITH METUCHEN III, LLC FOR BLOCK 71, A PORTION OF LOT 37.01 AND LOT 37.02 WHEREAS, the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq., as amended and supplemented (the “Redevelopment Law”), provides a process for municipalities to participate in the redevelopment and improvement of areas in need of rehabilitation or redevelopment; and WHEREAS, pursuant to Resolution No. 2015-147, adopted on June 15, 2015, the Mayor and Council of the Borough of Metuchen (the “Borough Council”) designated certain properties within the Borough, including a portion the property identified on the Official Tax Map of the Borough of Metuchen (the “Borough”) as Block 71, Lot 37.01, as a Non-Condemnation Area in Need of Redevelopment in accordance with the Redevelopment Law; and WHEREAS, by way of Ordinance No. 2018-24, adopted on October 15, 2018, the Borough Council adopted the “Oakite Site Redevelopment Plan, Borough of Metuchen, New Jersey, Block 71, Lot 37.01” dated September 2018, (the “Original Redevelopment Plan”), which sets forth, inter alia, the plans for the development, revitalization, rehabilitation, and redevelopment of the Redevelopment Area; and WHEREAS, by way of Resolution 2020-50, adopted on February 3, 2020 (the “Rehabilitation Resolution”), the Borough Council designated the entirety of the Borough (the “Rehabilitation Area”) as an “Area in Need of Rehabilitation” pursuant to the Redevelopment Law; and WHEREAS, by way of Ordinance 2020-15, adopted on September 13, 2021, the Borough Council adopted an amendment to the Original Redevelopment Plan entitled the “Amended Oakite Site Redevelopment Plan”, dated August 18, 2021, (the “Amended Redevelopment Plan”), which supersedes the Original Redevelopment Plan and sets forth plans for the development, revitalization, rehabilitation, and redevelopment of both Block 71, Lot 37.01 and Lot 37.02 (the “Oakite Redevelopment Area”); and WHEREAS, under the Amended Redevelopment Plan, the Oakite Redevelopment Area was divided into five (5) parcels identified as “Parcel A,” “Parcel B,” “Parcel C,” “Parcel D” and “Parcel E”; and WHEREAS, the Redevelopment Law, N.J.S.A. 40A:12A-8(f), authorizes the Borough to arrange or contract with a redeveloper for the planning, construction, or undertaking of any project or redevelopment work in an area designated as an area in need of redevelopment or rehabilitation; and R2025-84 WHEREAS, the Borough Council has executed a Redevelopment Agreement with Metuchen III, LLC, dated November 3, 2021 (the “Redevelopment Agreement”), which calls for, inter alia: (1) the undertaking of preliminary site preparation and remediation work on the Oakite Redevelopment Area; (2) the obtaining of governmental approvals; the financing and completion of remediation; and the development of an extended roadway over Block 71, Lot 37.01, connecting Lots 37.01 and 37.02, referred to in the Amended Redevelopment Plan as the “Mid-Block Connector Roadway”; (3) the construction of a coffee shop with a drive-thru on Parcel C; and (4) the construction of a daycare center on Parcel E; all in accordance with the Amended Redevelopment Plan and as more particularly described in the Redevelopment Agreement; and WHEREAS, the Amended Redevelopment Plan was further amended by way of Ordinance 2023-03, adoted on March 6, 2023, to allow Class 5 Retail Cannabis Use on Parcel A; and WHEREAS, thereafter, Dasco Solutions, LLC received a Resolution of Municipal Support, by way of Resolution No. 2024-87 adopted on February 12, 2024, from the Borough Council for a Class 5 Cannabis Retail Cannabis license to operate a Class-5 retail cannabis establishment within the Borough of Metuchen on the Parcel A; and WHEREAS, by way of Resolution No. 2025-64 adopted on January 1, 2025, the Borough Council amended its Resolution of Municipal Support to reflect the name change from Dasco Solutions, LLC, to Honeystash, LLC; and WHEREAS, the construction and operation of the Class 5 Cannabis Retail facility on Parcel A requires the execution of a Redevelopment Agreement; and WHEREAS, Metuchen III is the owner of Parcel A and has entered into a lease with Dasco Solutions, LLC/Honeystash, LLC, to operate a Class 5 Cannabis Retail factility on Parcel A; and WHEREAS, as owner of Parcel A, Metuchen III proposes to undertake certain obligations regarding the redevelopment of Parcel A, “Redeveloper,” and that certain tenant fit-out components of the proposed Class 5 Cannabis Retail factility should be completed by Honeystash, LLC, as a “Sub-Redeveloper;” and WHEREAS, the Borough Council considers it to be in the best interest of the Borough to enter into the First Redevelopment Agreement with Metuchen III as Master Redeveloper to facilitate the Redevelopment of Parcel A. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Metuchen, County of Middlesex, and State of New Jersey: 1. That the Borough Council does hereby authorize the execution of the First Amendment to Redevelopment Agreement between the Borough of Metuchen and Metuchen III, LLC. R2025-84 2. That the Borough Council does hereby authorize the Mayor and/or Borough Administrator and the Borough Clerk to execute said First Amendment to Redevelopment Agreement on behalf of the Borough of Metuchen, subject to the approval of the Borough Administrator, Borough Auditor, Borough Solicitor, and Borough Redevelopment Counsel. BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately upon adoption. I hereby certify the foregoing to be a true copy of a resolution adopted by the Borough Council of the Borough of Metuchen, Middlesex County, New Jersey at a regular meeting held on January 27, 2025. _______________________________ Deborah Zupan, RMC, Borough Clerk RESOLUTION 2025-85 Borough of Metuchen County of Middlesex State of New Jersey RESOLUTION AUTHORIZING EXECUTION OF A SUB-REDEVELOPMENT AGREEMENT WITH HONEYSTASH, LLC FOR PARCEL A WITHIN FORMER BLOCK 71, LOT 37.01 WHEREAS, the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq., as amended and supplemented (the “Redevelopment Law”), provides a process for municipalities to participate in the redevelopment and improvement of areas in need of rehabilitation or redevelopment; and WHEREAS, pursuant to Resolution No. 2015-147, adopted on June 15, 2015, the Mayor and Council of the Borough of Metuchen (the “Borough Council”) designated certain properties within the Borough, including a portion the property identified on the Official Tax Map of the Borough of Metuchen (the “Borough”) as Block 71, Lot 37.01, as a Non-Condemnation Area in Need of Redevelopment in accordance with the Redevelopment Law; and WHEREAS, by way of Ordinance No. 2018-24, adopted on October 15, 2018, the Borough Council adopted the “Oakite Site Redevelopment Plan, Borough of Metuchen, New Jersey, Block 71, Lot 37.01” dated September 2018, (the “Original Redevelopment Plan”), which sets forth, inter alia, the plans for the development, revitalization, rehabilitation, and redevelopment of the Redevelopment Area; and WHEREAS, by way of Resolution 2020-50, adopted on February 3, 2020 (the “Rehabilitation Resolution”), the Borough Council designated the entirety of the Borough (the “Rehabilitation Area”) as an “Area in Need of Rehabilitation” pursuant to the Redevelopment Law; and WHEREAS, by way of Ordinance 2020-15, adopted on September 13, 2021, the Borough Council adopted an amendment to the Original Redevelopment Plan entitled the “Amended Oakite Site Redevelopment Plan”, dated August 18, 2021, (the “Amended Redevelopment Plan”), which supersedes the Original Redevelopment Plan and sets forth plans for the development, revitalization, rehabilitation, and redevelopment of both Block 71, Lot 37.01 and Lot 37.02 (the “Oakite Redevelopment Area”); and WHEREAS, under the Amended Redevelopment Plan, the Oakite Redevelopment Area was divided into five (5) parcels identified as “Parcel A,” “Parcel B,” “Parcel C,” “Parcel D” and “Parcel E”; and WHEREAS, the Redevelopment Law, N.J.S.A. 40A:12A-8(f), authorizes the Borough to arrange or contract with a redeveloper for the planning, construction, or undertaking of any project or redevelopment work in an area designated as an area in need of redevelopment or rehabilitation; and R2025-85 WHEREAS, the Borough Council has executed a Redevelopment Agreement with Metuchen III, LLC, dated November 3, 2021 (the “Redevelopment Agreement”), which calls for, inter alia: (1) the undertaking of preliminary site preparation and remediation work on the Oakite Redevelopment Area; (2) the obtaining of governmental approvals; the financing and completion of remediation; and the development of an extended roadway over Block 71, Lot 37.01, connecting Lots 37.01 and 37.02, referred to in the Amended Redevelopment Plan as the “Mid-Block Connector Roadway”; (3) the construction of a coffee shop with a drive-thru on Parcel C; and (4) the construction of a daycare center on Parcel E; all in accordance with the Amended Redevelopment Plan and as more particularly described in the Redevelopment Agreement; and WHEREAS, the Amended Redevelopment Plan was further amended by way of Ordinance 2023-03, adoted on March 6, 2023, to allow Class 5 Retail Cannabis Use on Parcel A; and WHEREAS, thereafter, Dasco Solutions, LLC received a Resolution of Municipal Support, by way of Resolution No. 2024-87 adopted on February 12, 2024, from the Borough Council for a Class 5 Cannabis Retail Cannabis license to operate a Class-5 retail cannabis establishment within the Borough of Metuchen on the Parcel A; and WHEREAS, by way of Resolution No. 2025-64 adopted on January 1, 2025, the Borough Council amended its Resolution of Municipal Support to reflect the name change from Dasco Solutions, LLC, to Honeystash, LLC; and WHEREAS, the construction and operation of the Class 5 Cannabis Retail facility on Parcel A requires the execution of a Redevelopment Agreement; and WHEREAS, Metuchen III is the owner of Parcel A and has entered into a lease with Dasco Solutions, LLC/Honeystash, LLC, to operate a Class 5 Cannabis Retail factility on Parcel A; and WHEREAS, as owner of Parcel A, Metuchen III proposes to undertake certain obligations regarding the redevelopment of Parcel A, “Redeveloper,” and that certain tenant fit-out components of the proposed Class 5 Cannabis Retail factility should be completed by Honeystash, LLC, as a “Sub-Redeveloper;” and WHEREAS, the Borough Council considers it to be in the best interest of the Borough to enter into the Sub-Redevelopment Agreement with Honeystash, LLC as Sub-Redeveloper to facilitate the redevelopment of Parcel A. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Metuchen, County of Middlesex, and State of New Jersey: 1. That the Borough Council does hereby authorize the execution of the Sub- Redevelopment Agreement between the Borough of Metuchen and Honeystash, LLC. R2025-85 2. That the Borough Council does hereby authorize the Mayor and/or Borough Administrator and the Borough Clerk to execute said Sub-Redevelopment Agreement on behalf of the Borough of Metuchen, subject to the approval of the Borough Administrator, Borough Auditor, Borough Solicitor, and Borough Redevelopment Counsel. BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately upon adoption. I hereby certify the foregoing to be a true copy of a resolution adopted by the Borough Council of the Borough of Metuchen, Middlesex County, New Jersey at a regular meeting held on January 27, 2025. ________________________________ Deborah Zupan, RMC, Borough Clerk RESOLUTION 2025-86 Borough of Metuchen County of Middlesex State of New Jersey RESOLUTION AUTHORIZING THE PAYMENT OF THE BILL LIST BE IT RESOLVED, by the Mayor and Council of the Borough of Metuchen that the proper warrants be drawn, and all bills be paid totaling $8,238,055.74. I, Rebecca Cuthbert, Chief Financial Officer of the Borough of Metuchen do hereby certify that funds are available for the payment of bills for the Borough of Metuchen. ______________________________ Rebecca Cuthbert, CFO I hereby certify the foregoing to be a true copy of a resolution adopted by the Borough Council of the Borough of Metuchen, Middlesex County, New Jersey at a regular meeting held on January 27, 2025. ________________________________ Deborah Zupan, RMC, Borough Clerk

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