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Mayor & Council Meeting

Regular Meeting

Metuchen, NJ · February 10, 2025

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Minutes

BOROUGH OF METUCHEN COUNCIL MINUTES February 10, 2025 7:30 PM The Regular Meeting of the Borough Council was held in the Council Chambers of Borough Hall on February 10, 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 invited Julia and Connor Suchan to lead the Pledge of Allegiance. . Roll Call Mayor Busch asked Ms. Zupan for a roll call. Present were Councilmembers, Giamboi, Hyman, Jethwani, Kandel, Council President Delia, and Mayor Busch. Councilmember Branch was absent. Also present were Melissa Perilstein, Borough Administrator, Deborah Zupan, Borough Clerk., and Denis Murphy, Borough Attorney. 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. Report Metuchen EMS Member Pragya Bhatia gave the following report: I am a Junior at Edison High School. I am 16, I joined Metuchen EMS in September 2024, and I have taken around twenty 911 calls. My older sister, Gauri, is also a member of the squad but she is currently at the University of Pittsburgh. I am here tonight to present the Metuchen EMS Summary report for 2024. We took 370 calls in 2024, that is the most since 2015. In June we had our busiest month in more than 8 years. We had 48 different members participate on calls with an average of 27 participants each month. Also, like 2023, many of these calls were in Edison. After the summer, 2 experienced members left us for Medical School and another experienced member moved to Connecticut. This left us without crew chiefs, but now we have trained 3 members to take on this responsibility and we are back to covering 6 or 7 nights each week. Generally, our recruitment has been going well, we recruited or trained 8 new EMTs last year, which is well above our attrition rate. We have a waiting list of four college students mostly from Rutgers and we are planning to bring on two new adult members who live in Metuchen or Edison and who are not students. Besides 911 calls we also support community events; since our last report, we covered The Holiday Parade. We would like to remind everyone watching or listening that we are a volunteer organization, and we do not charge for our service. If we take a patient to the hospital, it is free. However, we cannot do that without the generous support of Metuchen residents. We are grateful to all the residents that sent us a contribution for our 2024 fund drive. We look forward to your continued support. Borough Council Meeting February 10, 2025 Public Comment Mayor Busch opened Public Comment to any members of the public wishing to speak. Steven Kitsko, 131 Hazelwood Avenue, thanked the Mayor and Council for holding public information sessions regarding the Forum Theater, and for addressing the American Legion in person the previous week regarding the proposed development. Mr. Kitsko stated he was glad to hear that the Borough would not be bonding for this project and that a 501c3 would be formed. Finally, he asked questions about the timeline and process of the project and these questions were addressed by Mayor Busch. Mark Flaherty, 44 New York Avenue, referenced his comments at the previous meeting regarding the Borough’s response to potential actions taken by the current presidential administration and asked what specifically the Mayor and Council’s concerns were. Mayor Busch responded, mentioning several infrastructure projects that are funded by Federal grants which now possibly face defunding due to the current administration’s actions. 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 January 1, 2025, second by Councilmember Giamboi, with all in favor, motion carried, 5-0. Metuchen Downtown Alliance 2025 Budget - Public Hearing Mayor Busch opened the public hearing on the Metuchen Downtown Alliance 2025 Budget. Steven Kitsko, 131 Hazelwood Avenue, asked if the MDA could request a Main Street traffic study through the Borough to help the flow of traffic given proposed development. Mayor Busch responded that, while this was not specifically an MDA budget question, traffic studies were always done in connection with redevelopment. Seeing no one else wishing to speak, Mayor Busch closed the public hearing. Council President Delia made a motion to adopt the 2025 Metuchen Downtown Alliance budget, second by Councilmember Giamboi, with all in favor, motion carried, 5-0. Communications Consent Agenda – Items A-C Council President Delia made a motion to open the approve Communications Consent Agenda Items A through C, second by Councilmember Giamboi, with all in favor, motion carried, 5-0. A. Receive and Accept Environmental Commission Meeting Minutes of September 18, 2024 B. Receive and Accept Historic Preservation Committee Meeting Minutes of February 3, 2025 C. Receive and Accept Resignation of Jay Shroff from the Senior Citizens Commission Ordinance – Public Hearing 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. Borough Council Meeting February 10, 2025 Ms. Zupan read Ordinance 2025-03 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 2025-03 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: Giamboi, Hyman, Jethwani, Kandel, Delia Nays: None Ordinance 2025-03 was passed on second reading, 5-0 and will be published according to law. ORDINANCE 2025–03 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 Borough Council Meeting February 10, 2025 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. Ordinance – Introduction Ord. 2025-04 ORDINANCE AMENDING CHAPTER 37 OF THE CODE OF THE BOROUGH OF METUCHEN, ENTITLED, “POLICE DEPARTMENT” TO AMEND THE COMPOSITION OF THE POLICE DEPARTMENT AND THE PROMOTIONAL AND APPOINTMENT PROCESS Council President Delia asked that Ordinance 2025-04 be read by title only. Ms. Zupan read Ordinance 2025-04 by title only. Council President Delia made a motion that Ordinance 2025-04 be passed on first reading, be published according to law, and a public hearing be set down for Monday, March 3, 2025, second by Councilmember Giamboi. Roll Call: Yeas: Giamboi, Hyman, Jethwani, Kandel, Delia Nays: None Ordinance 2025-04 was passed on first reading, 5-0 and will be published according to law. Borough Council Meeting February 10, 2025 Report of the Borough Administrator Ms. Perilstein reminded residents that it is their responsibility to shovel their sidewalks within twelve hours after a snowstorm ends. Reports of Councilmembers Council President Delia reported that the Traffic and Transportation meeting would take place the coming Thursday. He also noted that the MDA had their annual meeting where they elected new Executive Board members and hosted a speaker from NJEDA regarding free website development for businesses. Councilmember Kandel reported that the Pool Commission would meet the following evening. Councilmember Jethwani reported that the Library has been continuing with their strategic planning effort and reminded residents to respond to the survey on the Library’s website, or to attend the upcoming strategic planning event. She shared information regarding an upcoming program on Black History profiles. Councilmember Jethwani also noted that the next Historic Preservation Committee meeting would be held on February 27. Councilmember Hyman reposted that the Parade Commission was continuing to work on the Memorial Day Parade and encouraged community groups to participate. She also noted that the CARES committee would be holding a special event to recruit participants for the Strengthening Families program, and that the Board of Health would next meet on March 12. Councilmember Giamboi reported that the Shade Tree Commission had met the previous week, that the spring tree planting was tentatively scheduled for March, and that commission members had been checking up on the condition of trees from the Fall planting. She mentioned an upcoming Arbor Day celebration. Councilmember Giamboi noted that the Senior Citizens Commission would be meeting that week and mentioned upcoming Senior Center activities. Finally, she reminded residents to donate to the First Presbyterian Church food bank. Report of the Mayor Mayor Busch thanked the Office of Emergency management, specifically Chief Flaherty, for their accessibility and dedication to preparedness for recent storms. He also recognized the planning and hard work of the Department of Public Works. Mayor Busch reported that Forum Theater information sessions resulted in a good deal of community engagement and valuable input, with around 250 people attending the sessions over two nights. New Business Consent Agenda – Resolutions 2025-87 to 2025-94 Council President Delia moved to approve New Business Consent Agenda Resolutions 2025-87 to 2025-94, second by Councilmember Giamboi, with all in favor, motion carried, 5-0. RESOLUTION 2025-87 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 February 10, 2025: Bond Interest 150,300.00 Group Insurance 200,000.00 Streets & Roads OE 40,000.00 Buildings & Grounds OE 30,000.00 Board of Health OE 200.00 Telephone 20,000.00 Borough Council Meeting February 10, 2025 Municipal Court OE 3,000.00 TOTAL 443,500.00 Pool Bond Interest TOTAL 3,028.00 RESOLUTION 2025-88 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 Landfill/Solid Waste Disposal 58,100.00 Public Works Administration S&W 10,000.00 METV OE 10,000.00 Recycling OE 38,100.00 TOTALS 58,100.00 58,100.00 RESOLUTION 2025-89 RESOLUTION AUTHORIZING THE USE OF COMPETITIVE CONTRACTING PROCESS FOR THE PROCUREMENT OF CONSULTING SERVICES FOR THE BOROUGH OF METUCHEN WHEREAS, the Borough of Metuchen has determined that it is in the best interest of the Borough to procure consulting services for professional grant and advocacy services to the United States Congress, federal agencies, national and statewide governmental organizations to identify Federal grant opportunities and resources; and WHEREAS, the Borough of Metuchen has determined that it is necessary to retain the services of a qualified entity to provide for the professional grant and advocacy services; and WHEREAS, the Local Public Contracts Law, N.J.S.A. 40A:11-4.1 et seq., provides for the utilization of a process called competitive contracting in lieu of public bidding for procurement of specific goods and or services, under the category of consulting services; and WHEREAS, said process allows for competition, the award being based on a methodology which includes an evaluation, ranking and weighing of criteria as well as cost; and WHEREAS, pursuant to N.J.S.A. 40A:11-4.1, the Borough has determined to seek to procure the evaluation and consulting services through the use of competitive contracting through a Request for Proposals and to award a contract for the services based upon price and other factors considered; and WHEREAS, the Borough wishes to initiate the competitive contracting process for procurement of Consulting Services for the Borough of Metuchen; and WHEREAS, N.J.S.A.11-4-3(a) requires that in order to initiate competitive contracting, the governing body shall pass a resolution authorizing the use of competitive contracting each time specialized goods or services enumerated in N.J.S.A. 40A:11-4.1 are desired to be contracted. NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the Borough of Metuchen that it hereby authorizes the Borough Administrator and all other Borough officials and Borough Council Meeting February 10, 2025 employees to initiate competitive contracting process for the procurement of a qualified entity for consulting services for the Borough of Metuchen for professional grant and advocacy services in conformance with N.J.S.A. 40A:11-4.1 et seq. BE IT FURTHER RESOLVED that the Borough Administrator, and other officials and employees are hereby authorized to take all necessary actions in order to effectuate the terms and provisions of this Resolution. RESOLUTION 2025-90 RESOLUTION AUTHORIZING THE AMENDMENT TO RESOLUTION NO. 2025-37 FOR THE AWARD OF CONTRACT FOR BOROUGH REDEVELOPMENT PLANNER WHEREAS, by way of Resolution No. 2025-37, the Borough of Metuchen authorized and awarded a contract to LRK Inc., 50 South B.B. King Blvd., Suite 600, Memphis, TN 38103 to service as Borough Redevelopment Planner for the Borough of Metuchen for a cost not to exceed $30,000.00 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. 2025-37, and the authorization and award of contract to LRK Inc. to include additional planner services relating to proposed and existing redevelopment arts district 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 $30,000.00 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 arts district redevelopment planner services. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Metuchen that Resolution No. 2025-37 is hereby amended to include the additional arts district redevelopment Planner services relating to proposed and existing arts district redevelopment projects sought by the Borough at an additional cost not to exceed $30,000.00. BE IT FURTHER RESOLVED by the Mayor and Council that it hereby authorizes the amendment to the award of contract to LRK Inc., for the provision of the additional arts district redevelopment Planner services relating to proposed and existing arts district redevelopment projects sought by the Borough at an additional cost not to exceed $30,000.00 for a total contract cost not to exceed $45,000.00 for arts district redevelopment planner services, and no amendment to the award for general redevelopment planning services in the amount of $15,000.00; 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 LRK Inc. for redevelopment and arts district redevelopment planning services not to exceed the amended grant total of sixty thousand dollars and no cents $60,000.00; and BE IT FURTHER RESOLVED that the existing contract with LRK Inc. 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 February 10, 2025 RESOLUTION 2025-91 RESOLUTION AUTHORIZING THE AMENDMENT TO RESOLUTION NO. 2025-73 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 had amended Resolution No. 2025-39, and authorized and award of contract to Maley Givens, PC by way of Resolution 2025-73 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 had 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. WHEREAS, the $50,000.00 of additional services under the contract is certified by the Chief Financial Officer and there are sufficient funds for such additional services and amendment to the contract and are available and are designated from the Middlesex County Arts & History Capital Grant Account Number G-02-41-760-310, and not from 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. 2025-73 is hereby amended to change the grant funding source for the additional Redevelopment Legal Counsel services relating to proposed and existing redevelopment arts district 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 arts district 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 February 10, 2025 RESOLUTION 2025-92 RESOLUTION AMENDING RESOLUTION 2025-59 AUTHORIZING STATE CONTRACT PURCHASE FOR ROCK SALT AND TREATED SALT WHEREAS, by way of Resolution No. 2025-59, the Borough of Metuchen authorized and awarded a contract to Morton Salt, Inc., 444 West Lake Street, Suite 3000, Chicago, IL 60606 to purchase treated rock salt for use during inclement weather for the Borough of Metuchen, in the County of Middlesex, State of New Jersey; and WHEREAS, this can be purchased through State Contract # T0213, 20-FLEET-01519, which is in effect until June 30, 2024, extended through June 30, 2025, awarded to Morton Salt, Inc.; and WHEREAS, the Borough of Metuchen has determined that there is a need to amend Resolution No. 2025-59; and WHEREAS, the Chief Financial Officer anticipates that the cost of the additional treated rock salt will be $25,000.00; and WHEREAS, this authorization to purchase rock salt and treated salt expires on June 30, 2025; and WHEREAS, the maximum amount of the purchase of treated rock salt and treated salt for the Borough of Metuchen is $50,000.00, and there are sufficient funds for such additional award in the amount of $25,000.00 as certified by the Chief Financial Officer from the 2025 Temporary Budget and 2025 Adopted Budget, from Current Budget Account, Streets and Roads, Snow Control Materials, 5-01-26-765-176; 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. 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 an amended purchase order to Morton Salt, Inc, 444 West Lake Street Suite 3000, Chicago, IL 60606, in an amount not to excessed fifty thousand dollars and no cents ($50,000.00). RESOLUTION 2025-93 REFUND OF OTHER FEES & PERMITS – ELECTRICAL PERMIT #25-0037 SPARK ELECTRIC LLC WHEREAS, Spark Electric LLC, 420 Allen Street, Linden, NJ 07036, made payment on January 13, 2025, in the amount of $158.00 for an Electrical Permit fee to replace a 100 AMP Meter Pan and Disconnect at 183 Rose Street, Block 153.01/Lot 6, Qualifier C3209 collected as anticipated revenue; and WHEREAS, Spark Electric LLC was overcharged $50.00 for the electrical permit for a disconnect that was not required; and NOW, THEREFORE, BE IT RESOLVED, by the Borough Council of the Borough of Metuchen, that the Chief Financial Officer is hereby authorized and directed to refund, from anticipated revenue to Spark Electric LLC, 420 Allen Street, Linden, NJ 07036 in the amount of $50.00 for the Electrical Permit fee. Borough Council Meeting February 10, 2025 RESOLUTION 2025-94 RESOLUTION AUTHORIZING RELEASE OF LANDSCAPING/ENGINEERING BOND 11 LINCOLN AVENUE – SOBERS CORREIA PG22-1335 WHEREAS, the Borough Zoning Officer, in an inspection report dated March 14th, 2024, has received confirmation from the former Board Engineer, Robert M. Mannix that the engineering conditions have been satisfied; and WHEREAS, Thomas J. DiMartino, Borough Zoning Officer, has confirmed the compliance of all landscaping conditions and has recommended the full release of the Landscaping and Engineering Performance Guarantee in the amount of a cash bond of $5,425.00, back to the Applicant residing at 11 Lincoln Avenue. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Metuchen that the Borough Clerk is hereby authorized and directed to release said Landscaping and Engineering Performance Bonds of a cash bond in the amount $5,425.00, as recommended and directed by the Borough Zoning Officer, to Sobers Correia, 11 Lincoln Avenue, Metuchen, NJ 08840. BE IT FURTHER RESOLVED that no maintenance bond is required to be posted. Other New Business Council President Delia made a motion to approve Resolution 2025-95, authorizing payment of the bill list in the amount of $1,240,724.47, second by Councilmember Giamboi, with all in favor, motion carried, 5-0. RESOLUTION 2025-95 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 $1,240,724.47. 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 FEBRUARY 10, 2025 7:30 P.M. Reading Of Sunshine Notice Flag Salute Roll Call Agenda Session Report Metuchen EMS Public Comment Borough Council Meeting Minutes Approval of Borough Council Meeting Minutes of January 1, 2025 Public Hearing Metuchen Downtown Alliance 2025 Budget Communications Consent Agenda – Items A-C A. Receive and Accept Environmental Commission Meeting Minutes of September 18, 2024 B. Receive and Accept Historic Preservation Committee Meeting Minutes of February 3, 2025 C. Receive and Accept Resignation of Jay Shroff from the Senior Citizens Commission Regular Meeting 02.10.2025 Ordinance – Public Hearing 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 Ordinance – Introduction Ord. 2025-04 ORDINANCE AMENDING CHAPTER 37 OF THE CODE OF THE BOROUGH OF METUCHEN, ENTITLED, “POLICE DEPARTMENT” TO AMEND THE COMPOSITION OF THE POLICE DEPARTMENT AND THE PROMOTIONAL AND APPOINTMENT PROCESS Report of the Borough Administrator Reports of Council Members Report of the Mayor New Business Consent Agenda – Resolutions 2025-87 to 2025-94 R2025-87 RESOLUTION TO AMEND THE 2025 TEMPORARY BUDGET R2025- 88 RESOLUTION AUTHORIZING RESERVE TRANSFERS R2025-89 RESOLUTION AUTHORIZING THE USE OF COMPETITIVE CONTRACTING PROCESS FOR THE PROCUREMENT OF CONSULTING SERVICES FOR THE BOROUGH OF METUCHEN R2025-90 RESOLUTION AUTHORIZING THE AMENDMENT TO RESOLUTION NO. 2025-37 FOR THE AWARD OF CONTRACT FOR BOROUGH REDEVELOPMENT PLANNER R2025-91 RESOLUTION AUTHORIZING THE AMENDMENT TO RESOLUTION NO. 2025-73 FOR THE AWARD OF CONTRACT FOR BOROUGH REDEVELOPMENT COUNSEL Regular Meeting 02.10.2025 R2025-92 RESOLUTION AMENDING RESOLUTION 2025-59 AUTHORIZING STATE CONTRACT PURCHASE FOR ROCK SALT AND TREATED SALT R2025- 93 REFUND OF OTHER FEES & PERMITS – ELECTRICAL PERMIT #25-0037 SPARK ELECTRIC LLC R2025-94 RESOLUTION AUTHORIZING RELEASE OF LANDSCAPING/ENGINEERING BOND 11 LINCOLN AVENUE – SOBERS CORREIA PG22-1335 Other New Business R2025-95 RESOLUTION AUTHORIZING PAYMENT OF THE BILL LIST IN THE AMOUNT OF $1,240,724.47 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. The ADA Coordinator is Melissa Perilstein, 732-632-8509, mperilstein@metuchen.com. ‭Budget‬‭2025‬ ‭Sid‬‭Contribution‬‭300,000‬ ‭Borough‬‭Contribution‬‭75,000‬ ‭Total‬‭375,000‬ ‭*Surplus‬‭(‬‭approx-35k)‬ ‭Program‬‭Services‬ ‭Education/‬‭Tech‬‭2500.‬ ‭Public‬‭art‬‭5,500‬ ‭Placemaking‬‭5,000‬ ‭Plants‬‭9,000‬ ‭Landscape/weeding‬‭8500‬‭*‬‭Landscaping/weeding‬ ‭StoreFront‬‭Grants‬‭25,000,‬ ‭Innovation‬‭2,000.‬ ‭Street‬‭Improvement‬‭15,000.‬‭cleaning/watering/support‬ ‭Holiday‬‭Decor‬‭5,000‬ ‭Promotions‬ ‭Events‬‭55,000‬ ‭Marketing‬‭15,000‬‭*‬‭includes‬‭prof‬‭services‬ ‭Metuchen‬‭Media*‬‭10,500‬‭*‬‭Boro‬‭Videographer‬ ‭Total‬‭Program‬‭Expenses‬‭158‬‭000.‬ ‭General‬‭Administration‬‭Expenses‬ ‭Salaries‬‭-120,000-135,000‬ ‭Payroll‬‭Taxes‬‭12,000‬ ‭Contract‬‭Services‬‭10.000‬‭?‬ ‭Offices‬‭misc‬‭exp‬‭1,000‬ ‭Rent‬‭11,400‬ ‭Cable/phone‬‭2700.‬ ‭Acct/Audit‬‭15,000‬ ‭Office‬‭supplies‬‭1,000‬ ‭Website‬‭2200‬ ‭Travel/Meetings‬‭5.000‬ ‭Dues/Memberships‬‭1,500.‬ ‭Insurance‬‭3,500‬ ‭Faculty‬‭and‬‭Equipment‬‭1700‬ ‭Replenish‬‭surplus‬‭15,000‬ ‭General‬‭Admin-217,000‬ ‭Total‬‭budget‬‭375,000.‬ ORDINANCE 2025–03 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 Ord. 2025-03 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. ORDINANCE 2025-04 Borough of Metuchen County of Middlesex State of New Jersey ORDINANCE AMENDING CHAPTER 37 OF THE CODE OF THE BOROUGH OF METUCHEN, ENTITLED, “POLICE DEPARTMENT” TO AMEND THE COMPOSITION OF THE POLICE DEPARTMENT AND THE PROMOTIONAL AND APPOINTMENT PROCESS WHEREAS, at the recommendation of the Chief of Police and Borough Administrator, the Mayor and Council have determined that it is in the best interest of the effective operations and management of the Borough of Metuchen Police Department to amend the composition of the Metuchen Police Department to increase the number of Sergeants from six (6) to seven (7) and decreasing the number of full-time patrol officers from twenty-three (23) patrol officers to twenty- two (22) patrol officers and to amend the Promotional and Appointment Process. NOW THEREFORE BE IT ORDAINED by the Council of the Borough of Metuchen, County of Middlesex, that it hereby amends Article 1, “General Provisions” of Chapter 37 “Police Department” of the Code of the Borough of Metuchen, specifically § 37-1, entitled, “Composition; appointment”, to state as follows: CHAPTER 37 POLICE DEPARTMENT ARTICLE 1 General Provisions § 37-1 Composition; appointment. The Police Department of the Borough of Metuchen shall consist of no more than one (1) Chief of Police, one (1) Captain of Operations/Deputy Chief, two (2) Lieutenants, seven (7) Sergeants, and twenty-two (22) patrol officers, and such other employees as the Mayor and Borough Council may from time to time appoint. Patrol officers shall be appointed by the Mayor in consultation with the appropriate authority/Borough Administrator and the Police Chief upon confirmation by the Borough Council. The Police Chief shall be appointed by the Mayor in consultation with the appropriate authority/Borough Administrator upon confirmation by the Borough Council. The Captain of Operations/Deputy Chief, Lieutenants, and Sergeants shall be appointed by the Mayor in consultation with the appropriate authority/Borough Administrator and the Police Chief. BE FURTHER ORDAINED by the Council of the Borough of Metuchen, that it hereby amends Article 4, “Sergeants” of Chapter 37 “Police Department” of the Code of the Borough of Metuchen, specifically § 37-35, entitled “Procedure for promotion from patrol officer to Sergeant” to state as follows: Ord. 2025-04 § 37-35 Procedure for promotion from patrol officer to Sergeant. A. Procedure. (1) The promotional procedure to the position of Sergeant from that of patrol officer within the Department shall be compromised of the following criteria: (a) Seniority and service. (b) Evaluation of the Chief of Police. (c) Evaluation of the Captain of Operations. (d) Evaluation of the Lieutenant/s. (e) Evaluation of the Borough Administrator. (f) A score of at least 65 must be obtained on a written examination approved by the Chief of Police. Any candidates scoring less than a 65 will be eliminated from the remainder of the process. (2) The weight assigned to each of the aforestated criteria for the purposes of ranking the candidate shall be as follows: Promotional Criteria Maximum Points Per Category Seniority and service 20 Chief of Police evaluation 65 Captain of Operations evaluation 45 Lieutenants’ evaluation 20 each evaluation Appropriate Authority/Borough 65 Administrator evaluation Seniority. In accordance with the chart set forth above, the maximum 20 points for seniority and service shall be determined for each candidate by allotting 1 point per year for each of the first 15 years in service and 1/2 point for each year of service between a candidate's 16th through 25th year of service. Additionally, no patrol officer shall be eligible for a promotion to the position of Sergeant until he/she has served with the Borough of Metuchen Police Department as a sworn law enforcement officer for at least five complete years. Fractional years of service shall not be calculated in the numbers of whole years for purposes of the calculation of points and shall be determined as of the date when the position is to be made available. B. Police Chief evaluation. The Chief of Police shall allot to each individual candidate a mathematical score, up to a maximum of 65 points, based upon an evaluation which shall consider past performance, leadership skills, management skills, personal Ord. 2025-04 strengths and weaknesses and other factors reasonably considered by the Chief to be related to the responsibilities of the position of Sergeant. C. Captain of Operations evaluation. The Captain of Operations shall make a similar, but independent, appraisal of the individual candidates based upon the same factors as the Chief of Police, with a maximum point total of 45 points. D. Lieutenants’ evaluation. The Lieutenant/s shall make a similar, but independent, appraisal of the individual candidates based upon the same factors as the Chief of Police and Captain of Operations, with a maximum point total of 20 points for each Lieutenant’s evaluation. E. Appropriate Authority/Borough Administrator evaluation. The Borough Administrator shall assign a point total, up to 65 points, based upon the Administrator's estimate of the personality strengths and weaknesses, leadership and supervisory qualities, ease and skill in interacting with the public, management skills and other qualities reasonably considered as relevant to the responsibilities of the position of Sergeant. F. Selection process. The individuals’ names with the top three scores will be submitted to the Mayor for his/her consideration. If a promotion is made, the Mayor shall promote any one of the top three candidates, regardless of ranking. If there are two Sergeant positions available, the top four candidates’ names will be submitted to the Mayor. For each additional position available, one candidate’s name will be added to the list submitted to the Mayor for consideration. G. Maintenance of ranking list. Once posted, the ranking list shall remain in effect for up to two years, unless the Mayor exercises its discretion to call for a new test because additional candidates would be eligible for consideration to the position of Sergeant or the Mayor exercises its discretion to extend the list beyond two years for a period of time determined by the Mayor. H. Removal from list. The name of any candidate may be removed from the list based on disciplinary action taken by the Department against the candidate after the list has been established. 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; and BE IT FURTHER ORDAINED by the Mayor and Council that all remaining sections of Chapter 37 not amended or referenced herein shall not be affected thereby and shall remain in full force and effect; and 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 Ord. 2025-04 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. Ord. 2025-04 Introduction: Date of Publication: COUNCILMEMBER YES NO NV AB COUNCILMEMBER YES NO NV AB BRANCH HYMAN DELIA KANDEL GIAMBOI JETHWANI MOTION SECOND X – INDICATES VOTE AB- ABSENT NV- NOT VOTING I hereby certify the foregoing to be a true copy of an ordinance introduced by the Borough Council of the Borough of Metuchen, Middlesex County, New Jersey at a regular meeting held on February 10, 2025. ________________________ Deborah Zupan, RMC Borough Clerk Adopted: Date of Publication: COUNCILMEMBER YES NO NV AB COUNCILMEMBER YES NO NV AB BRANCH HYMAN DELIA KANDEL GIAMBOI JETHWANI MOTION SECOND X – INDICATES VOTE AB- ABSENT NV- NOT VOTING I hereby certify the foregoing to be a true copy of an ordinance adopted by the Borough Council of the Borough of Metuchen, Middlesex County, New Jersey at a regular meeting held on ___________________. ________________________ Deborah Zupan, RMC Borough Clerk ATTEST: BOROUGH OF METUCHEN ________________________ By: ______________________ Deborah Zupan, RMC Jonathan M. Busch Borough Clerk Mayor RESOLUTION 2025-87 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 February 10, 2025: Bond Interest 150,300.00 Group Insurance 200,000.00 Streets & Roads OE 40,000.00 Buildings & Grounds OE 30,000.00 Board of Health OE 200.00 Telephone 20,000.00 Municipal Court OE 3,000.00 TOTAL 443,500.00 Pool Bond Interest TOTAL 3,028.00 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 February 10, 2025. Deborah Zupan, RMC, Borough Clerk RESOLUTION 2025-88 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 Landfill/Solid Waste Disposal 58,100.00 Public Works Administration S&W 10,000.00 METV OE 10,000.00 Recycling OE 38,100.00 TOTALS 58,100.00 58,100.00 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 February 10, 2025. ________________________________ Deborah Zupan, RMC, Borough Clerk RESOLUTION 2025-89 Borough of Metuchen County of Middlesex State of New Jersey RESOLUTION AUTHORIZING THE USE OF COMPETITIVE CONTRACTING PROCESS FOR THE PROCUREMENT OF CONSULTING SERVICES FOR THE BOROUGH OF METUCHEN WHEREAS, the Borough of Metuchen has determined that it is in the best interest of the Borough to procure consulting services for professional grant and advocacy services to the United States Congress, federal agencies, national and statewide governmental organizations to identify Federal grant opportunities and resources; and WHEREAS, the Borough of Metuchen has determined that it is necessary to retain the services of a qualified entity to provide for the professional grant and advocacy services; and WHEREAS, the Local Public Contracts Law, N.J.S.A. 40A:11-4.1 et seq., provides for the utilization of a process called competitive contracting in lieu of public bidding for procurement of specific goods and or services, under the category of consulting services; and WHEREAS, said process allows for competition, the award being based on a methodology which includes an evaluation, ranking and weighing of criteria as well as cost; and WHEREAS, pursuant to N.J.S.A. 40A:11-4.1, the Borough has determined to seek to procure the evaluation and consulting services through the use of competitive contracting through a Request for Proposals and to award a contract for the services based upon price and other factors considered; and WHEREAS, the Borough wishes to initiate the competitive contracting process for procurement of Consulting Services for the Borough of Metuchen; and WHEREAS, N.J.S.A.11-4-3(a) requires that in order to initiate competitive contracting, the governing body shall pass a resolution authorizing the use of competitive contracting each time specialized goods or services enumerated in N.J.S.A. 40A:11-4.1 are desired to be contracted. NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the Borough of Metuchen that it hereby authorizes the Borough Administrator and all other Borough officials and employees to initiate competitive contracting process for the procurement of a qualified entity for consulting services for the Borough of Metuchen for professional grant and advocacy services in conformance with N.J.S.A. 40A:11-4.1 et seq. R2025-89 BE IT FURTHER RESOLVED that the Borough Administrator, and other officials and employees are hereby authorized to take all necessary actions in order to effectuate the terms and provisions of this Resolution. 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 February 10, 2025. __________________________________ Deborah Zupan, RMC Borough Clerk RESOLUTION 2025-90 Borough of Metuchen County of Middlesex State of New Jersey RESOLUTION AUTHORIZING THE AMENDMENT TO RESOLUTION NO. 2025-37 FOR THE AWARD OF CONTRACT FOR BOROUGH REDEVELOPMENT PLANNER WHEREAS, by way of Resolution No. 2025-37, the Borough of Metuchen authorized and awarded a contract to LRK Inc., 50 South B.B. King Blvd., Suite 600, Memphis, TN 38103 to service as Borough Redevelopment Planner for the Borough of Metuchen for a cost not to exceed $30,000.00 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. 2025-37, and the authorization and award of contract to LRK Inc. to include additional planner services relating to proposed and existing redevelopment arts district 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 $30,000.00 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 arts district redevelopment planner services. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Metuchen that Resolution No. 2025-37 is hereby amended to include the additional arts district redevelopment Planner services relating to proposed and existing arts district redevelopment projects sought by the Borough at an additional cost not to exceed $30,000.00. BE IT FURTHER RESOLVED by the Mayor and Council that it hereby authorizes the amendment to the award of contract to LRK Inc., for the provision of the additional arts district redevelopment Planner services relating to proposed and existing arts district redevelopment projects sought by the Borough at an additional cost not to exceed $30,000.00 for a total contract cost not to exceed $45,000.00 for arts district redevelopment planner services, and no amendment to the award for general redevelopment planning services in the amount of $15,000.00; 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 LRK Inc. for R2025-90 redevelopment and arts district redevelopment planning services not to exceed the amended grant total of sixty thousand dollars and no cents $60,000.00; and BE IT FURTHER RESOLVED that the existing contract with LRK Inc. 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 February 10, 2025. ________________________________ Deborah Zupan, RMC, Borough Clerk RESOLUTION 2025-91 Borough of Metuchen County of Middlesex State of New Jersey RESOLUTION AUTHORIZING THE AMENDMENT TO RESOLUTION NO. 2025-73 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 had amended Resolution No. 2025-39, and authorized and award of contract to Maley Givens, PC by way of Resolution 2025-73 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 had 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. WHEREAS, the $50,000.00 of additional services under the contract is certified by the Chief Financial Officer and there are sufficient funds for such additional services and amendment to the contract and are available and are designated from the Middlesex County Arts & History Capital Grant Account Number G-02-41-760-310, and not from 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. 2025-73 is hereby amended to change the grant funding source for the additional Redevelopment Legal Counsel services relating to proposed and existing redevelopment arts district 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 R2025-91 Redevelopment Legal Counsel services relating to proposed and existing redevelopment arts district 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. 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 February 10, 2025. ________________________________ Deborah Zupan, RMC, Borough Clerk RESOLUTION 2025-92 Borough of Metuchen County of Middlesex State of New Jersey RESOLUTION AMENDING RESOLUTION 2025-59 AUTHORIZING STATE CONTRACT PURCHASE FOR ROCK SALT AND TREATED SALT WHEREAS, by way of Resolution No. 2025-59, the Borough of Metuchen authorized and awarded a contract to Morton Salt, Inc., 444 West Lake Street, Suite 3000, Chicago, IL 60606 to purchase treated rock salt for use during inclement weather for the Borough of Metuchen, in the County of Middlesex, State of New Jersey; and WHEREAS, this can be purchased through State Contract # T0213, 20-FLEET-01519, which is in effect until June 30, 2024, extended through June 30, 2025, awarded to Morton Salt, Inc.; and WHEREAS, the Borough of Metuchen has determined that there is a need to amend Resolution No. 2025-59; and WHEREAS, the Chief Financial Officer anticipates that the cost of the additional treated rock salt will be $25,000.00; and WHEREAS, this authorization to purchase rock salt and treated salt expires on June 30, 2025; and WHEREAS, the maximum amount of the purchase of treated rock salt and treated salt for the Borough of Metuchen is $50,000.00, and there are sufficient funds for such additional award in the amount of $25,000.00 as certified by the Chief Financial Officer from the 2025 Temporary Budget and 2025 Adopted Budget, from Current Budget Account, Streets and Roads, Snow Control Materials, 5-01-26-765-176; 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. 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 an amended purchase order to Morton Salt, Inc, 444 West Lake Street Suite 3000, Chicago, IL 60606, in an amount not to excessed fifty thousand dollars and no cents ($50,000.00). 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 February 10, 2025. ________________________________ Deborah Zupan, RMC, Borough Clerk RESOLUTION 2025-93 Borough of Metuchen County of Middlesex State of New Jersey REFUND OF OTHER FEES & PERMITS – ELECTRICAL PERMIT #25-0037 SPARK ELECTRIC LLC WHEREAS, Spark Electric LLC, 420 Allen Street, Linden, NJ 07036, made payment on January 13, 2025, in the amount of $158.00 for an Electrical Permit fee to replace a 100 AMP Meter Pan and Disconnect at 183 Rose Street, Block 153.01/Lot 6, Qualifier C3209 collected as anticipated revenue; and WHEREAS, Spark Electric LLC was overcharged $50.00 for the electrical permit for a disconnect that was not required; and NOW, THEREFORE, BE IT RESOLVED, by the Borough Council of the Borough of Metuchen, that the Chief Financial Officer is hereby authorized and directed to refund, from anticipated revenue to Spark Electric LLC, 420 Allen Street, Linden, NJ 07036 in the amount of $50.00 for the Electrical Permit fee. 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 February 10, 2025. ________________________________ Deborah Zupan, RMC, Borough Clerk RESOLUTION 2025-94 Borough of Metuchen County of Middlesex State of New Jersey RESOLUTION AUTHORIZING RELEASE OF LANDSCAPING/ENGINEERING BOND 11 LINCOLN AVENUE – SOBERS CORREIA PG22-1335 WHEREAS, the Borough Zoning Officer, in an inspection report dated March 14th, 2024, has received confirmation from the former Board Engineer, Robert M. Mannix that the engineering conditions have been satisfied; and WHEREAS, Thomas J. DiMartino, Borough Zoning Officer, has confirmed the compliance of all landscaping conditions and has recommended the full release of the Landscaping and Engineering Performance Guarantee in the amount of a cash bond of $5,425.00, back to the Applicant residing at 11 Lincoln Avenue. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Metuchen that the Borough Clerk is hereby authorized and directed to release said Landscaping and Engineering Performance Bonds of a cash bond in the amount $5,425.00, as recommended and directed by the Borough Zoning Officer, to Sobers Correia, 11 Lincoln Avenue, Metuchen, NJ 08840. BE IT FURTHER RESOLVED that no maintenance bond is required to be posted. 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 February 10, 2025. ________________________________ Deborah Zupan, RMC, Borough Clerk RESOLUTION 2025-95 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 $1,240,724.47. 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 February 10, 2025. ________________________________ Deborah Zupan, RMC, Borough Clerk

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