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Mayor & Council Meeting

Regular Meeting

Metuchen, NJ · August 25, 2025

AgendaMinutes

Minutes

BOROUGH OF METUCHEN COUNCIL MINUTES August 25, 2025 7:30 PM The Regular Meeting of the Borough Council was held in the Council Chambers of Borough Hall on August 25, 2025. The Meeting was called to order at 7:31 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 Boy Scouts Will Oakes and Luke Alvarez to lead everyone for the Pledge of Allegiance. Roll Call Mayor Busch asked the Clerk for a roll call. Present were Councilmembers Branch, Giamboi, Hyman, Jethwani, Kandel, Council President Delia, and Mayor Busch. Also present were Borough Administrator Melissa Perilstein, Borough Clerk Deborah Zupan, and 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, 6-0. Council President Delia asked that Resolution 2025-218 be pulled from the New Business Consent Agenda and moved to Other New Business to be voted on separately. With no further action taken, Council President Delia made a motion to close the Agenda Session, second by Councilmember Giamboi, with all in favor, motion carried, 6-0. Public Comment Mayor Busch opened Public Comment to any members of the public wishing to speak. Brian Owens, 235 High Street, commented that he had been at the last two Council meetings to voice concerns about homes being built adjacent to his property and was following up with a list of questions. Fred Kimler, 292 High Street, commented that he had recently seen David Copperfield perform in Las Vegas and suggested that, given David Copperfield’s celebrity and pride in being from Metuchen, the Borough should consider honoring him with a plaque or statue. Mr. Kimler also noted that he lived across from Momentum Solar and that there were issues with garbage and drainage from the property. Dan Libertz, 586 Main Street, commented that he and many residents were concerned for their neighbors who are immigrants, especially given the recent raids in Edison. Mr. Libertz shared some steps other municipalities have taken to protect their residents. Seeing no one else wishing to speak, Mayor Busch closed the Public Comment. Proclamation Mayor Busch read the following proclamation in honor of International Overdose Awareness Day and presented it to members of the CARES Committee. WHEREAS, three years ago, Metuchen joined the international community that recognizes the month of August as a time to remember those lost to overdose, acknowledge the grief of families and friends, and highlight the importance of overdose prevention and treatment; and Borough Council Meeting August 25, 2025 WHEREAS, according to the CDC, approximately 178,000 people die from alcohol-related causes each year in the United States; and WHEREAS, nationally there were 80,391 overdose deaths during the 12-month period from January 2024 through December 2024, which represents a decrease of almost 27% from the 110,037 deaths in 2023, and which also represents the lowest number of deaths since pre-pandemic years; and WHEREAS, we recognize that these staggering numbers represent individual lives— mothers, fathers, sons and daughters, brothers and sisters, neighbors, and dear friends—all who are lost; and WHEREAS, we commit to come together as a community and to talk without judgment, openly and compassionately, about substance use disorders, in an effort to break the stigma surrounding overdose and addiction; and WHEREAS, we encourage individuals, organizations, and government agencies to raise awareness, promote evidence-based prevention strategies, support harm reduction initiatives, and expand access to treatment and recovery services; and WHEREAS, Metuchen takes up the call of the 2025 International Overdose Awareness movement: “We are one family, driven by hope!” NOW THEREFORE I, JONATHAN M. BUSCH, MAYOR OF METUCHEN, hereby proclaim August 28, 2025, as the Fourth Annual International Overdose Awareness Day in the Borough of Metuchen. Borough Council Meeting Minutes Council President Delia made a motion to approve the Borough Council Meeting Minutes of July 28, 2025, second by Councilmember Giamboi. Councilmember Giamboi abstained from voting. With all others in favor, motion carried, 5-0. Communications Consent Agenda – Items A-B Council President Delia made a motion to open the approve Communications Consent Agenda Items A and B, second by Councilmember Giamboi, with all in favor, motion carried, 6-0. A. Receive and Approve Block Party-Street Closing for Clarendon Court, October 11, 2025 B. Receive and Approve Block Party-Street Closing for Clinton Place on October 4, 2025 Ordinance – Public Hearing Ord. 2025-14 ORDINANCE OF THE BOROUGH OF METUCHEN, COUNTY OF MIDDLESEX AND STATE OF NEW JERSEY AMENDING THE CODE OF THE BOROUGH OF METUCHEN, CHAPTER 110 ENTITLED “LAND DEVELOPMENT”, ARTICLE 21 ENTITLED “AFFORDABLE HOUSING”, SECTION 95.7 ENTITLED “NEW CONSTRUCTION”, ITEM E ENTITLED “MULTIFAMILY ZONES” Council President Delia asked that Ordinance 2025-14 be read by title only. Ms. Zupan read Ordinance 2025-14 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 2025-14 be passed on second reading and be published according to law, second by Councilmember Giamboi. Mayor Busch asked for a roll call vote. Borough Council Meeting August 25, 2025 Roll Call: Yeas: Branch, Giamboi, Hyman, Jethwani, Kandel, Delia Nays: None Ordinance 2025-14 was passed on second reading, 6-0 and will be published according to law. ORDINANCE 2025-14 Borough of Metuchen County of Middlesex State of New Jersey ORDINANCE OF THE BOROUGH OF METUCHEN, COUNTY OF MIDDLESEX AND STATE OF NEW JERSEY AMENDING THE CODE OF THE BOROUGH OF METUCHEN, CHAPTER 110 ENTITLED “LAND DEVELOPMENT”, ARTICLE 21 ENTITLED “AFFORDABLE HOUSING”, SECTION 95.7 ENTITLED “NEW CONSTRUCTION”, ITEM E ENTITLED “MULTIFAMILY ZONES” WHEREAS, the State of New Jersey has a longstanding and well-established commitment to maximizing the opportunities for the development of housing affordable for very low-, low-, and moderate-income households; and WHEREAS, the provision of “safe, decent and attractive housing that [lower-income households] can afford serves the community’s interest in achieving an integrated, just and free society and promotes the general welfare of all citizens.” De Simone v. Greater Englewood Hous. Corp., 56 N.J. 428, 441 (1970); and WHEREAS, in the Mount Laurel decisions, the New Jersey Supreme Court held that the State’s Constitution makes it “plain beyond dispute that proper provision for adequate housing of all categories of people is certainly an absolute essential in promotion of the general welfare required in all local land use regulation.” S. Burlington Cty. NAACP v. Mount Laurel, 67 N.J. 151, 179 (1975) (Mount Laurel I); and WHEREAS, the Court thus found that “each . . . municipality [must] affirmatively . . . plan and provide, by its land use regulations, the reasonable opportunity for an appropriate variety and choice of housing, including, of course, low and moderate cost housing, to meet the needs, desires and resources of all categories of people who may desire to live within its boundaries.” Ibid; and WHEREAS, the New Jersey Legislature itself affirmed this commitment when it enacted the Fair Housing Act of 1985, which established that it is in the State’s interest “to maximize the number of low and moderate units by creating new affordable housing and by rehabilitating existing, but substandard, housing in the State.” N.J.S.A. 52:27D-302; and WHEREAS, accordingly, the New Jersey Supreme Court has determined that “[a]ffordable housing is a goal that is no longer merely implicit in the notion of the general welfare. It has been expressly recognized as a governmental end and codified under the FHA.” Holmdel Builders Ass’n v. Holmdel, 121 N.J. 550, 567 (1990); and WHEREAS, since then, New Jersey’s courts have consistently recognized that “[t]he public policy of this State has long been that persons with low and moderate incomes are entitled to affordable housing,” and furthermore that those policies do not end when a municipality has satisfied its minimum obligation under the FHA because “‘[t]here cannot be the slightest doubt that shelter, along with food, are the most basic human needs.’” Homes of Hope, Inc. v. Eastampton Tp. Land Use Planning Bd., 409 N.J. Super. 330, 337 (App. Div. 2009) (quoting Mount Laurel I, 67 N.J. at 178); and WHEREAS, the Borough of Metuchen has a fair share obligation consisting of a prior round obligation of 99 units, a third round need of 349 units, and a fourth round obligation of 120; and WHEREAS, the Borough of Metuchen has an established a Mandatory Set-Aside requirement for all sites that benefits from a rezoning, variance or redevelopment plan approved by the Borough in multi-family residential development of five (5) dwelling units or more produces affordable housing; and Borough Council Meeting August 25, 2025 NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Council of the Borough of Metuchen, Middlesex County, New Jersey, that the Land Development Regulations set forth in Chapter 110 entitled “Land Development”, Article 21 entitled “Affordable Housing”, Section 95.7 entitled “New Construction”, Item E entitled “Mandatory Set-Asides”, is hereby amended, modified and supplemented as follows: Section 1. Section 110-95.7.E shall be amended and replaced in its entirety, as follows: E. Mandatory Set-Asides All applications for development and all new development proposing and/or containing five or more dwelling units shall comply with the following: (1) A minimum of 20 percent of the total number of dwelling units in a development shall be set-aside as affordable units with half being affordable to low-income households and 13 percent shall be affordable to very low-income households. If the calculation of the total number of such affordable units yields a fractional unit of less than 0.5 percent then either a payment in lieu shall be provided prior to issuance of the first Certificate of Occupancy for the development, or one additional unit shall be constructed. If the calculation of the total number of such affordable units yields a fractional unit of 0.5 or greater, it shall count as one additional unit. (2) For any payment in lieu of a fraction of an affordable unit, the payment for the fraction of the affordable unit shall be calculated on a unit cost of $220,702, which is based upon the subsidy required/payment in lieu amount originally set forth for COAH Region 3 in N.J.A.C. 5:97-6.4(c), adjusted by the Urban Consumer Price Index (CPI-U) as of June 2025, and which amount shall be automatically adjusted annually by the CPI-U, unless the developer can demonstrate to the reasonable satisfaction of the Borough of Metuchen that the payment amount should be a different amount based upon the following considerations: (a) The actual cost to the Borough of constructing and/or subsidizing an affordable unit within the Borough after considering estimated land values and development costs associated with compliance techniques included in the municipality’s Fair Share Plan and Spending Plan; (b) The costs of construction shall include development hard costs, related soft costs, developer’s fees pursuant to the cost containment provisions of N.J.A.C. 5:43-2.4(a)1 through 6, and land costs based on the first quartile of land values for comparable housing types within the municipality. (3) All payments in lieu of constructing fractions of affordable units shall be placed in the Borough's affordable housing trust fund, subject to the regulations and restrictions pertaining to same. Section II. Severability. If any article, section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the remaining portions of this Ordinance and they shall remain in full force and effect and shall be deemed valid and effective. Inconsistencies. In the event of any inconsistencies between the provisions of this Ordinance and any prior ordinance of the municipality, the provisions hereof shall be determined to govern and those inconsistent provisions shall be repealed to the extent of such inconsistency. Referral to Planning Board. A copy of this Ordinance shall be referred to the Planning Board following its introduction for review pursuant to N.J.S.A. 40A:55D-26A. Effective Date and Scope. This Ordinance shall immediately take effect upon its passage and publication, and as otherwise provided for by law. The provisions of this Ordinance shall Borough Council Meeting August 25, 2025 be applicable within the entire municipality upon final adoption and shall become a part of the Code once completed and adopted. Ordinances – Introduction Ord. 2025-15 ORDINANCE AMENDING CHAPTER 110 (LAND DEVELOPMENT) CONCERNING NON-CONFORMING SIDE YARD SETBACK EXCEPTIONS FOR SINGLE-FAMILY DWELLINGS WITHIN THE BOROUGH OF METUCHEN Council President Delia asked that Ordinance 2025-15 be read by title only. Ms. Zupan read Ordinance 2025-15 by title only. Council President Delia made a motion that Ordinance 2025-15 be passed on first reading, be published according to law, and a public hearing be set down for Monday, September 8, 2025, second by Councilmember Giamboi. Roll Call: Yeas: Branch, Giamboi, Hyman, Jethwani, Kandel, Delia Nays: None Ordinance 2025-15 was passed on first reading, 6-0 and will be published according to law. Ord. 2025-16 ORDINANCE AMENDING SECTION 169-3(E) OF THE CODE OF THE BOROUGH OF METUCHEN ENTITLED “MEMBERSHIP AND FEES”- OFF DUTY POLICE REGULATIONS AND PAY Council President Delia asked that Ordinance 2025-16 be read by title only. Ms. Zupan read Ordinance 2025-16 by title only. Council President Delia made a motion that Ordinance 2025-16 be passed on first reading, be published according to law, and a public hearing be set down for Monday, September 8, 2025, second by Councilmember Giamboi. Roll Call: Yeas: Branch, Giamboi, Hyman, Jethwani, Kandel, Delia Nays: None Ordinance 2025-16 was passed on first reading, 6-0 and will be published according to law. Ord. 2025-17 ORDINANCE AMENDING THE CODE OF THE BOROUGH OF METUCHEN SPECIFICALLY § 185-26, ENTITLED “TURN PROHIBITIONS” TO INCLUDE SIMPSON PLACE AND HUNT PLACE Council President Delia asked that Ordinance 2025-17 be read by title only. Ms. Zupan read Ordinance 2025-17 by title only. Council President Delia made a motion that Ordinance 2025-17 be passed on first reading, be published according to law, and a public hearing be set down for Monday, September 8, 2025, second by Councilmember Giamboi. Roll Call: Yeas: Branch, Giamboi, Hyman, Jethwani, Kandel, Delia Nays: None Ordinance 2025-17 was passed on first reading, 6-0 and will be published according to law. Borough Council Meeting August 25, 2025 Report of the Borough Administrator No report. Reports of Councilmembers Council President Delia reported that the MDA would be having a sidewalk sale promotion on the upcoming Saturday and that the downtown wrestling event would return on September 13. Councilmember Kandel reported that several members of the public attended the last Pool Commission meeting where increasing pool revenue and membership was discussed. Councilmember Jethwani reported on changes in Library hours and a new Library Gallery exhibit featuring the work of Joseph Castronova. She also reminded residents to sign up for the ‘Hey Metuchen’ notification service. Councilmember Hyman reported that Metuchen CARES and community partners would be holding a candlelight vigil that week in memory of all who have died from substance use disorders. She also shared that the Parade Commission was planning the Winter Festival Parade, as well as the tree lighting and menorah lighting. Councilmember Giamboi reported that the Shade Tree Commission would be meeting soon and that the Fall tree planting was coming together. She encouraged residents to check the daily schedule for various Senior Center activities and noted that the Environmental Commission’s Green Fair was a big success. Finally, Counclmember Giamboi reminded residents to donate to the FPC Food Pantry and noted that the Metuchen TV station on Optimum had changed from 15 to 1500. Councilmember Branch reported that the Human Relations Commission community conversation on youth mental health went extremely well. He remarked that the Commission was now planning for the Martin Luther King Day of Service as well as collaborating with the Arts Council on two upcoming events. Finally, he noted that the Arts Council events Porchfest and Jazz Festival were coming up soon. Report of the Mayor Mayor Busch remarked that Metuchen had a great summer thanks in part to the two concerts and that he hoped to continue the concert series next year. He thanked Borough staff, volunteers, and the MDA their hard work in making these events possible. Mayor Busch also reported that he had met with the Commissioner of Transportation regarding the Route 287 exchange and the need for a a 287 north ramp that would help alleviate truck traffic in town. He noted that the cost of such a project was high and much of the funding would come from the Federal government. Finally, Mayor Busch said there would be announcements about Borough projects, including the Forum Theater, coming soon. New Business Consent Agenda – Resolutions 2025-213 to 2025-217 and 2025-219 to 2025-224 Council President Delia moved to approve New Business Consent Agenda Resolutions 2025-213 to 2025-217 and 2025-219 to 2025-224, second by Councilmember Giamboi, with all in favor, motion carried, 6-0. RESOLUTION 2025-213 RESOLUTION AUTHORIZING A JOINT RECREATIONAL FACILITIES AGREEMENT BETWEEN THE METUCHEN BOARD OF EDUCATION AND THE BOROUGH OF METUCHEN, COUNTY OF MIDDLESEX, STATE OF NEW JERSEY WHEREAS, pursuant to N.J.S.A. 40:12-9, a municipality and a school are permitted to jointly “improve, operate and maintain on existing property, any playgrounds, completely inclusive playgrounds, playfields, gymnasiums, public baths, swimming pools or indoor recreation centers;” and Borough Council Meeting August 25, 2025 WHEREAS, N.J.S.A. 40:12-9 further authorizes a municipality to appropriate money for this purpose and to pay to the school money so appropriated; and WHEREAS, the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. (the “Local Redevelopment and Housing Law”), as amended and supplemented provides a process for municipalities to participate in the redevelopment and improvement of areas in need of redevelopment; and WHEREAS, by way of Resolution No. 2020-50, adopted February 3, 2020, the Borough’s governing body (the “Borough Council”) formally declared the entirety of the Borough as an “Area in Need of Rehabilitation” (the “Rehabilitation Area”) in accordance with the Local Redevelopment and Housing Law; and WHEREAS, by way of Ordinance No. 2020-10, adopted May 11, 2020, the Borough Council adopted a redevelopment plan entitled “Redevelopment Plan for the Rehabilitation Area in the Borough of Metuchen March 2020,” as amended or supplemented, which sets forth, inter alia, the plans for the planning, development, redevelopment, and rehabilitation of the Rehabilitation Area in accordance with the Local Redevelopment and Housing Law; and WHEREAS, pursuant to the Local Redevelopment and Housing Law, via Resolution No. 2015-226 adopted on September 8, 2015, the Borough Council designated Block 37, Lots 5.03, 5.05, 5.12, 5.22, 6, 7.01, 7.02, 13, 14, 15.01, 16.02, 16.03, 17.01 & 17.02; Block 42, Lots 1-7; and, Block 66, Lots 1-3 as a “Non-Condemnation Redevelopment Area” (the “Redevelopment Area”); and WHEREAS, by way of Ordinance No. 2021-19, adopted on September 13, 2021, the Borough Council adopted in accordance with the Local Redevelopment and Housing Law a more specific redevelopment plan for the Redevelopment Area, entitled, “Gulton Tract Redevelopment Plan,” prepared by LRK, Inc.; and WHEREAS, by way of Ordinance No. 2022-04, adopted on March 28, 2022, the Borough Council adopted the “Amended Gulton Tract Redevelopment Plan,” prepared by LRK, Inc., dated March 11, 2022, which superseded all previously adopted redevelopment plans for the Redevelopment Area (as amended, the “Redevelopment Plan”); and WHEREAS, pursuant to the Local Redevelopment and Housing Law and Resolution 2022- 128, adopted May 23rd, 2022, the Borough and 212 Durham Urban Renewal, LLC entered into a Redevelopment Agreement (the “Redevelopment Agreement”), designating 212 Durham Urban Renewal, LLC (the “Redeveloper") as redeveloper of a portion of the Redevelopment Area as specified in the Redevelopment Agreement, and setting forth the terms and conditions to which such portion is to be redeveloped; and WHEREAS, pursuant to the Redevelopment Agreement, the Redeveloper proposes to undertake a project consisting of two components, a Residential Project consisting of five (5) story single structure with up to two hundred and seventy-two (272) residential units, fifteen percent (15%) of which shall consist of affordable housing units and associated amenities and Open Space Improvements, a portion of which shall be financed with governmental bonds (collectively, the “Project”); and WHEREAS, by way of Ordinance No. 2022-09, adopted May 23, 2022, the Borough entered into a Financial Agreement for a Long-Term Tax Exemption with the Redeveloper (the “Financial Agreement” or “PILOT Agreement”) in order to memorialize the terms and conditions by which the Redeveloper will pay an Annual Service Charge in lieu of real property taxes on the Project Improvements and Land; and WHEREAS, N.J.S.A. 40A:12A-22(m) authorizes a municipality to enter into contracts with a public agency to have the public agency provide and maintain parks, recreation centers, schools and other facilities adjacent to or in connection with a redevelopment area, and N.J.S.A. 40A:12A-22(o) authorizes a municipality to enter into all contracts necessary and incidental to the performance of duties authorized in the Local Redevelopment and Housing Law; and WHEREAS, N.J.S.A. 40A:12A-39(b) authorizes any public body (which includes a school district) to cause recreational facilities to be furnished adjacent to or in connection with a redevelopment project and N.J.S.A. 40A:12A-39(e) authorizes any public body (which includes a Borough Council Meeting August 25, 2025 school district) to enter into an agreement “which may extend over any period, notwithstanding any provision or rule of law to the contrary,” with a redevelopment entity; and WHEREAS, the Borough and BOE desire to jointly improve, operate and maintain certain recreational facilities within the Borough of Metuchen, including Edgar, Charles and Myrtle fields owned by the Borough (“Borough Recreation Facilities”), and Campbell School Field, the artificial Metuchen High School field, the gymnasiums and classrooms owned by the BOE (“BOE Recreation Facilities”); and WHEREAS, it is acknowledged that BOE will incur additional expense to accommodate the increased needs related to the Redevelopment Area and the Borough proposes to share a percentage of the PILOT revenue received pursuant to the Financial Agreement for the Project to defray the additional costs to the BOE in the manner set forth herein; and WHEREAS, the Borough and the BOE wish to enter into an agreement to set forth their respective rights and obligations with regard to the joint improvement, operation and maintenance of said recreational facilities, both for the benefit of the residents of the Borough and the public, and in connection with the redevelopment of the Redevelopment Area, in a manner that does not interfere with the educational uses of the BOE facilities. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Metuchen as follows: 1. The foregoing recitals are incorporated herein by reference as if fully set forth at length. 2. That the Joint Recreation Agreement Between the Borough of Metuchen and the Metuchen Board of Education be approved and that the Mayor and/or Borough Administrator and the Borough Clerk are hereby authorized to execute the Agreement, upon the review and approval of its final form by the Borough Administrator, Borough Solicitor and Borough Redevelopment Counsel, which such final form will be on file with the Borough Clerk. BE IT FURTHER RESOLVED that this Resolution shall take effect immediately. RESOLUTION 2025-214 RESOLUTION AUTHORIZING SOMERSET COUNTY COOPERATIVE PRICING FOR A WINDOW CONTRACT FOR ORIGINAL EQUIPMENT MANUFACTURED PARTS TO REPLACE THE ARM OF AN AUTOMATED GARBAGE TRUCK – SANITATION EQUIPMENT CORPORATION WHEREAS, there exists a need for the replacement of an automated garbage truck arm for the Borough of Metuchen, in the County of Middlesex, State of New Jersey; and WHEREAS, this can be purchased through the Somerset County Cooperative original equipment manufactured parts and repairs, and non-OEM parts when used in repair of equipment for heavy duty vehicles over 14,500 GVW , Open-ended Contract #CC-0129- 23, Cooperative Pricing Bid #2-SOCCP, Second Year of a Two-Year Contract pursuant to the provisions of NJSA 40A:11-11 (5), specific to LaBrie and Leach Trucks; and WHEREAS, this award authorization includes purchase of over the counter parts for heavy duty Public Works fleet vehicles- only LaBrie and Leach truck parts; and WHEREAS, Sanitation Equipment Corporation is a secondary vendor for parts and repairs for hydraulic cylinders, hydraulic hoses, and pumps; and WHEREAS, said contract is the second year of a two-year contract for original equipment manufactured parts and repairs, for heavy duty vehicles over 14,500 GVW , Open-ended Contract #CC- 0129-23, Co-operative Pricing Bid #2-SOCCP which was approved on November 26, 2024 by the Somerset County Board of County Commissioners is effective from November 26, 2024, to November 25, 2025; and WHEREAS the amount for the returfing 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 Borough Council Meeting August 25, 2025 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, the authorization to purchase under this award is for the completion of the installation of the replacement automated garbage truck arm; and WHEREAS, the maximum amount of the purchase and installation of original equipment manufactured parts for the arm of an automated garbage truck, for a Public Works heavy duty fleet vehicle over 14,500 GVW for the Borough of Metuchen is forty nine thousand six hundred forty one dollars and forty seven cents ($49,641.47) and that there are sufficient funds for such award as certified from the 2024 Capital Bond Ordinance, C-04-55-944-010 for these services; WHEREAS, the County of Somerset, New Jersey 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. 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 Sanitation Equipment Corporation, 80 Furler Street, Totowa, NJ 07512 in the amount not to exceed forty nine thousand six hundred forty one dollars and forty seven cents ($49,641.47). RESOLUTION 2025-215 RESOLUTION AUTHORIZING MONMOUTH-OCEAN EDUCATIONAL SERVICES COMMISSION COOPERATIVE CONTRACT FOR GENERAL CONSTRUCTION SERVICES – RENOVATION OF BOROUGH HALL BATHROOMS WHEREAS, there exists a need for repairs and upgrades to the men & women’s restrooms on the first floor at the Metuchen Borough Hall in the Borough of Metuchen, County of Middlesex, State of New Jersey; and WHEREAS, general construction services are offered through Monmouth-Ocean Educational Services Commission (Coop #289MOESC) Bid 25-02 General Construction Cooperative Bid 2024-2025, on a time and materials basis; and WHEREAS, the primary contractor for Middlesex & Monmouth, Ocean & Mercer, Burlington & Atlantic Counties for the #289 MOESC Bid 25-02 award is GPC, Inc., general construction services are offered through Monmouth-Ocean Educational Services Commission (Coop #289MOESC) Bid 25-01 on a time and materials basis; and WHEREAS, the term of the contract is from April 24, 2024 to June 30, 2025; extended from July 1, 2025 to April 24, 2027; and WHEREAS, the Chief Financial Officer’s certification of funds is made authorizing the award for the repairs and improvements for men & women’s restrooms on the first floor at the Metuchen Borough Hall in an amount not to exceed one hundred thousand five hundred and six dollars and no cents ($100,506.00) from Community Development Block Grant 2024-2025 Boro Hall Bathroom Renovations T-16-56-880-890 in the amount of $62,054.00 and from Capital Bond Ordinance 2024-11, C-04-55-944-004 in the amount of $38,452.00 ; and WHEREAS the amount to complete the repairs and upgrades to the men & women’s restrooms on the first floor at the Metuchen Borough Hall is above the bid threshold as set by New Jersey Local Public Contracts Law N.J.S.A. 40A:11-1 et seq and is subject to vendor compliance with the New Jersey Prevailing Wage Act (N.J.S.A. 34:11-56.25 et seq.), N.J.A.C. 10:5-31 et seq and N.J.A.C. 17-27; and Borough Council Meeting August 25, 2025 WHEREAS, award of this contract is contingent upon receipt of vendor proof of registration as a NJ in-state public works contractor with New Jersey Department of Labor & Workforce Development Wage and Hour Division and Contract Compliance New Jersey Wage Hub and Employer Access pursuant to P.L. 2022, c.120 (S2357), and proof of filing of New Jersey Labor and Workforce Development Construction EEO Compliance Monitoring Program Form AA-201 Initial Project Workforce Report Construction. WHEREAS, Monmouth-Ocean Educational Services Commission shall be responsible for complying with the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.), New Jersey Prevailing Wage Act (N.J.S.A. 34:11-56.25 et seq.), N.J.A.C. 10:5-31 et seq and N.J.A.C. 17-27 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 GPC, Inc. for renovation of existing Borough Hall bathrooms 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 GPC, Inc., 20 East Willow Street, Millburn, NJ 07041, in an amount not to exceed one hundred thousand five hundred six dollars and no cents ($100,506.00). RESOLUTION 2025-216 RESOLUTION AUTHORIZING THE AWARD OF A WINDOW CONTRACT FOR THE PURCHASE OF FLAT RATE PREVENTAIVE MAINTENANCE AND REPAIR OF FIRE APPARATUS THROUGH SOURCEWELL, FORMALLY KNOWN AS THE NATIONAL JOINT POWERS ALLIANCE (NJPA) A NATIONAL COOPERATIVE PURCHASING PROGRAM PURSUANT TO P.L.2011, C.139 WHEREAS, there is a need for the Borough of Metuchen for the purchase of flat rate Preventative Maintenance, and Repair of Fire Apparatus for the Borough of Metuchen; and WHEREAS the amount for the preventative maintenance and repair 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 WHEREAS, the Borough of Metuchen as a contracting unit, may without advertising for bids, purchase any materials, supplies or equipment entered into on behalf of Sourcewell, formally known as National Joint Powers Alliance Cooperative, 202 12th Street NE, PO Box 219, Staples, MN 56479 pursuant to the provision of P.L. 2011, c. 139 which permits contracting units to use contracts awarded by national or regional cooperative or other states that were competitively bid. The law supplements existing law on the use of such contracts and is intended to provide additional flexibility to local government in the area of procurement; and WHEREAS, the maximum amount awarded for flat rate preventative maintenance of fire apparatus is $9,100.00, and $18,300.00 for parts and labor for repairs of fire apparatus, for a total award of $27,400.00 for the Borough of Metuchen and funds are available in the 2025 Adopted Budget, Appropriation Line Fire Department Vehicle Maintenance & Repair 5-01-26-752-025 as certified by the Chief Financial Officer and that there are sufficient funds for such award, not to exceed a maximum in the amount of twenty seven thousand four hundred dollars and no cents ($27,400.00): and WHEREAS, the Sourcewell Bid #113021-OKC was awarded to Oshkosh Corporation for Firefighting Apparatus, with Pierce Manufacturing as a subsidiary company. Fire & Safety LTD is a named dealer of Pierce Manufacturing. Preventative Maintenance and Repair is authorized under Bid #113021-OKC to the distributors of Pierce Manufacturing, effective April 5, 2022, and expires on February 10. 2026; and WHEREAS, the authorization for preventative maintenance and repairs of fire apparatus of this contract award expires on December 31, 2025. Borough Council Meeting August 25, 2025 NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Metuchen, in the County of Middlesex as follows: The Chief Financial Officer and the Borough Administrator are hereby authorized and directed to approve and forward a purchase order to Fire & Safety Services, LTD, 200 Ryan Street, South Plainfield, NJ 07080. RESOLUTION 2025-217 RESOLUTION AUTHORIZING AWARD OF A WINDOW CONTRACT FOR DETECTIVE BUREAU INTERVIEW ROOM EQUIPMENT, PERIPHERALS AND INSTALLATION WHEREAS, there exists a need for detective bureau interview room equipment, peripherals and installation at the Metuchen Police Department Detective Bureau in the Borough of Metuchen, in the County of Middlesex, State of New Jersey; and WHEREAS, the Borough of Metuchen has solicited quotes for the interview room equipment, peripherals and installation using a fair and open process, with four vendor solicitations issued and four written compliant quotes returned; and WHEREAS, the amount for the detective bureau interview room equipment, peripherals and installation 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 WHEREAS, Mack Camera submitted the lowest, compliant quote for the Police Department interview room equipment. peripherals and installation; and WHEREAS, the Chief Financial Officer’s certification of funds is made authorizing the award for the detective bureau interview room equipment, peripherals and installation for the Metuchen Police Department in an amount not to exceed nineteen thousand one hundred and eleven dollars and no cents ($19,111.00) Capital Bond Ordinance 2025-12, C-04-55-945-003; and WHEREAS, this procurement is awarded under N.J.S.A. 19:44A20.4 et seq. using a fair and open process to Mack Camera who submitted the lowest, compliant quote for interview room equipment, peripherals and installation for the Borough of Metuchen; and 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 Mack Camera, 200 Morris Avenue, Springfield, NJ 07081 in an amount not to exceed nineteen thousand one hundred and eleven dollars and no cents ($19,111.00). RESOLUTION 2025-219 RESOLUTION AUTHORIZING STATE CONTRACT FOR PURCHASE AND INSTALLATION OF EMERGENCY LIGHTING AND EQUIPMENT FOR POLICE UTILITY VEHICLE WHEREAS, there exists a need for emergency lighting and equipment to outfit one 2025 Ford Utility Interceptor Vehicle in the Borough of Metuchen, County of Middlesex, State of New Jersey; and. WHEREAS, this can be purchased through State Contract # T-0106 Law Enforcement Firearms, Equipment and Supplies, originally awarded for term of May 15, 2019 to May14, 2023, with the 3rd one year extension from May 15, 2025 to May 14, 2026; and WHEREAS the following contract awards have been made under T-0106 , Law Enforcement Firearms, Equipment and Supplies 17-FLEET-00761 to Whelen Engineer, 17-FLEET-00719 to Havis, Inc. and 17-Fleet-00768 to Pro Gard, with Emergency Accessories & Installations named in each three listed awards as a contract vendor distributor ; and WHEREAS, the total award to Emergency Accessories & Installations for various emergency lighting and equipment and installation into a new 2025 Ford Utility Interceptor Vehicle is twenty one Borough Council Meeting August 25, 2025 thousand five hundred twenty eight dollars and forty cent ($21,528.40) for a maximum amount not to exceed twenty one thousand five hundred twenty eight dollars and forty cents ($21,528.40); and WHEREAS, the Chief Financial Officer's Certification of Funds is made authorizing the award for acquisition and installation of emergency lighting and equipment to outfit one 2025 Ford Utility Interceptor Vehicle from Capital Bond Ordinance 2025-12, C-04-55-945-003, not to exceed a grand total of twenty one thousand five hundred twenty eight dollars and forty cents ($21,528.40); 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. WHEREAS, the State of New Jersey Division of Purchase and Property 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 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 Emergency Accessories & Installations, 250 Haddonfield-Berlin Road, Cherry Hill, NJ 08034 in an amount not to exceed twenty one thousand five hundred twenty eight dollars and forty cents ($21,528.40.) RESOLUTION 2025-220 RESOLUTION AUTHORIZING THE REFUND OF RECREATION TRUST PROGRAM FEES WHEREAS, fees for attendance at various Borough of Metuchen Recreation Commission events and camps were collected in 2025; and WHEREAS, the Girl’s Basketball Clinic: 5th-8th Grades program was cancelled; and WHEREAS, the fees collected are requested by the Director of Recreation/Senior Services to be refunded, as detailed in the below schedule. NOW, THEREFORE, BE IT RESOLVED that the Chief Finance Officer be authorized to process refunds in the amount of $1,050.00 as described, from the Recreation Trust account. Parent: Participant: Amount Refunded: Beth Perez Nathalie $150.00 Michelle Drapkin-Clarke Natasha $150.00 Jennifer Blevins Madelyn $150.00 Bhupesh Vohra Sia $150.00 Ira Nayak Ira $150.00 April Compertore Molly $150.00 Latoya Perez Raylin $150.00 RESOLUTION 2025-221 RESOLUTION AUTHORIZING THE REFUND OF 2025 POOL PARTY FEE WHEREAS, the Director of Recreation/Senior Services has requested a refund of the 2025 pool party booking deposit for a June 26, 2025 pool party due to unavailability of the pool facility on that day: Maya Bohra 200 Columbia Avenue, Metuchen $75.00 Borough Council Meeting August 25, 2025 WHEREAS, the Pool Commission approved the pool party booking fee refund as noted in the July 8, 2025 Pool Meeting minutes. NOW, THEREFORE, BE IT RESOLVED that the Chief Finance Officer be authorized to process a refund as described in the amount of $75.00, from the Pool Utility Fund. RESOLUTION 2025-222 RESOLUTION TO REFUND ESCROW BALANCE - 17-1164 E WHEREAS, the Planning Board Office has requested that the following escrow account be closed, and the balance be refunded to the depositor; and WHEREAS, the Planning Board Office has contacted the Board Planner, Engineer, and Attorney for authorization to release the funds and determine the project is closed; and WHEREAS, the Planning Board Office has provided a list to the Chief Finance Officer with a sign-off from the Board Professionals, that the following escrow project is complete and can be closed, and that no further billing from the professionals for this project will be paid. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Metuchen for the Chief Financial Officer/Tax Collector is instructed to refund, in the amount indicated, the following escrow balance to the depositor, as the project has been determined to be closed: ESCROW AMOUNT DEPOSITOR ACCOUNT 17-1164 E $664.33 Pagoda Homes, LLC RESOLUTION 2025-223 RESOLUTION TO REFUND ESCROW BALANCE - 22-1337 I WHEREAS, the Planning Board Office has requested that the following escrow accounts be closed, and the balance be refunded to the depositor; and WHEREAS, the Planning Board Office has contacted the Board Engineer for authorization to release the funds and determine if the projects are closed; and WHEREAS, the Planning Board Office has provided a list to the Chief Finance Officer with a sign-off from the Board Professional, that the following escrow projects are complete and can be closed, and that no further billing from the professional for these projects will be paid. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Metuchen for the Chief Financial Officer/Tax Collector is instructed to refund, in the amount indicated, the following escrow balances to the depositor, as the project has been determined to be closed: ESCROW DEPOSITOR AMOUNT ACCOUNT 22-1337 I $452.12 Robert Sorg RESOLUTION 2025-224 RESOLUTION TO REFUND ESCROW BALANCE - 24-1397 E WHEREAS, the Planning Board Office has requested that the following escrow account be closed, and the balance be refunded to the depositor; and Borough Council Meeting August 25, 2025 WHEREAS, the Planning Board Office has contacted the Board Planner, Engineer, and Attorney for authorization to release the funds and determine the project is closed; and WHEREAS, the Planning Board Office has provided a list to the Chief Finance Officer with a sign-off from the Board Professionals, that the following escrow project is complete and can be closed, and that no further billing from the professionals for this project will be paid; and WHEREAS, the payment for release for project 24-1397 E will include interest* in addition to the amount shown in the chart below. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Metuchen for the Chief Financial Officer/Tax Collector is instructed to refund, in the amount indicated, the following escrow balance to the depositor, as the project has been determined to be closed: ESCROW DEPOSITOR AMOUNT ACCOUNT 24-1397 E $3371.96 EM Motor Cars Metuchen, LLC 24-1397 E* $315.33 EM Motor Cars Metuchen, LLC Other New Business Council President Delia made a motion to approve Resolution 2025-218, second by Councilmember Giamboi. Council President Delia abstained from voting. With all others in favor, motion carried, 5-0. RESOLUTION 2025-218 RESOLUTION AUTHORIZING STATE CONTRACT PURCHASE FOR POLICE VEHICLE WHEREAS, there exists a need for one (1) vehicle for the Police Department in the Borough of Metuchen, in the County of Middlesex, State of New Jersey; and WHEREAS, this can be purchased through State Contract # T-2776, 20-FLEET-01189 Police Pursuit Special Service Vehicles; Gasoline, Hybrid and Plug-In Hybrid Engines, originally awarded on June 18, 2020 through June 17, 2022, with the 4th contract extension from June 18, 2025 until June 17, 2026; and WHEREAS, the awarded amount of the State Contract purchase for one (1) 2025 Ford Police Utility Interceptor Base Vehicle, is $42,493.00; and WHEREAS, additional vehicle add-ons that are not covered by State Contract in the amount of $990.00 are included in the authorization cost of the 2025 Ford Utility Interceptor Vehicle for a maximum amount not to exceed forty three thousand four hundred eighty three dollars and no cents ($43,483.00); and WHEREAS, the Chief Financial Officer's Certification of Funds is made authorizing the award for one (1) 2025 Ford Police Utility Interceptor Vehicle from Capital Ordinance 2025-12 , C-04-55-945- 003, not to exceed a grand total of forty three thousand four hundred eighty three dollars and no cents ($43,483.00); 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. WHEREAS, the State of New Jersey Division of Purchase and Property 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 Chas S. Winner Inc. dba Winner Ford. for a Police Pursuit Special Service Vehicle for the Borough of Metuchen. Borough Council Meeting August 25, 2025 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 Winner Ford, 250 Haddonfield-Berlin Road, Cherry Hill, NJ 08034 in the amount not to exceed forty three thousand four hundred eighty three dollars and no cents ($43,483.00). Council President Delia made a motion to approve Resolution 2025-225, authorizing payment of the bill list in the amount of $8,757,188.66, second by Councilmember Giamboi, with all in favor, motion carried, 6-0. RESOLUTION 2025-225 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 $8,757,188.66. Appointment Mayor Busch recommended the appointment of Sabrina Kandel as Youth Member to the CARES Committee for the unexpired term ending December 31, 2025. Council President Delia made a motion to approve the appointment, second by Councilmember Kandel. Councilmember Kandel abstained from voting. With all others in favor, motion carried, 5-0. Adjournment Council President Delia made a motion to adjourn the meeting, second by Councilmember Giamboi, with all in favor, 6-0, the meeting was adjourned at 8:22 p.m. Respectfully Submitted, Deborah Zupan, RMC, Borough Clerk

Agenda

*** DRAFT – SUBJECT TO CHANGE *** BOROUGH COUNCIL AGENDA REGULAR MEETING AUGUST 25, 2025 7:30 P.M. Reading Of Sunshine Notice Flag Salute Roll Call Agenda Session Public Comment Proclamation Overdose Awareness Day Borough Council Meeting Minutes Approval of Borough Council Meeting Minutes of July 28, 2025 Communications Consent Agenda – Items A-B A. Receive and Approve Block Party-Street Closing for Clarendon Court, October 11, 2025 B. Receive and Approve Block Party-Street Closing for Clinton Place on October 4, 2025 Ordinance – Public Hearing Ord. 2025-14 ORDINANCE OF THE BOROUGH OF METUCHEN, COUNTY OF MIDDLESEX AND STATE OF NEW JERSEY AMENDING THE CODE OF THE BOROUGH OF METUCHEN, CHAPTER 110 ENTITLED “LAND DEVELOPMENT”, ARTICLE 21 ENTITLED “AFFORDABLE HOUSING”, SECTION 95.7 ENTITLED “NEW CONSTRUCTION”, ITEM E ENTITLED “MULTIFAMILY ZONES” Ordinance – Introduction Ord. 2025-15 ORDINANCE AMENDING CHAPTER 110 (LAND DEVELOPMENT) CONCERNING NON-CONFORMING SIDE YARD SETBACK EXCEPTIONS FOR SINGLE-FAMILY DWELLINGS WITHIN THE BOROUGH OF METUCHEN Regular Meeting 08.25.2025 Ord. 2025-16 ORDINANCE AMENDING SECTION 169-3(E) OF THE CODE OF THE BOROUGH OF METUCHEN ENTITLED “MEMBERSHIP AND FEES”- OFF DUTY POLICE REGULATIONS AND PAY Ord. 2025-17 ORDINANCE AMENDING THE CODE OF THE BOROUGH OF METUCHEN SPECIFICALLY § 185-26, ENTITLED “TURN PROHIBITIONS” TO INCLUDE SIMPSON PLACE AND HUNT PLACE Report of the Borough Administrator Reports of Council Members Report of the Mayor New Business Consent Agenda – Resolutions 2025-213 to 2025- R2025-213 RESOLUTION AUTHORIZING A JOINT RECREATIONAL FACILITIES AGREEMENT BETWEEN THE METUCHEN BOARD OF EDUCATION AND THE BOROUGH OF METUCHEN, COUNTY OF MIDDLESEX, STATE OF NEW JERSEY R2025-214 RESOLUTION AUTHORIZING SOMERSET COUNTY COOPERATIVE PRICING FOR A WINDOW CONTRACT FOR ORIGINAL EQUIPMENT MANUFACTURED PARTS TO REPLACE THE ARM OF AN AUTOMATED GARBAGE TRUCK – SANITATION EQUIPMENT CORPORATION R2025-215 RESOLUTION AUTHORIZING MONMOUTH-OCEAN EDUCATIONAL SERVICES COMMISSION COOPERATIVE CONTRACT FOR GENERAL CONSTRUCTION SERVICES – RENOVATION OF BOROUGH HALL BATHROOMS R2025-216 RESOLUTION AUTHORIZING THE AWARD OF A WINDOW CONTRACT FOR THE PURCHASE OF FLAT RATE PREVENTAIVE MAINTENANCE AND REPAIR OF FIRE APPARATUS THROUGH SOURCEWELL, FORMALLY KNOWN AS THE NATIONAL JOINT POWERS ALLIANCE (NJPA) A NATIONAL COOPERATIVE PURCHASING PROGRAM PURSUANT TO P.L.2011, C.139 R2025-217 RESOLUTION AUTHORIZING AWARD OF A WINDOW CONTRACT FOR DETECTIVE BUREAU INTERVIEW ROOM EQUIPMENT, PERIPHERALS AND INSTALLATION R2025-218 RESOLUTION AUTHORIZING STATE CONTRACT PURCHASE FOR POLICE VEHICLE Regular Meeting 08.25.2025 R2025-219 RESOLUTION AUTHORIZING STATE CONTRACT FOR PURCHASE AND INSTALLATION OF EMERGENCY LIGHTING AND EQUIPMENT FOR POLICE UTILITY VEHICLE R2025-220 RESOLUTION AUTHORIZING THE REFUND OF RECREATION TRUST PROGRAM FEES R2025-221 RESOLUTION AUTHORIZING THE REFUND OF 2025 POOL PARTY FEE R2025-222 RESOLUTION TO REFUND ESCROW BALANCE - 17-1164 E R2025-223 RESOLUTION TO REFUND ESCROW BALANCE – 22-1337 I R2025-224 RESOLUTION TO REFUND ESCROW BALANCE – 24-1397 E Other New Business R2025-225 RESOLUTION AUTHORIZING PAYMENT OF THE BILL LIST IN THE AMOUNT OF $8,757,188.66 Appointment Sabrina Kandel as Youth member to the CARES Committee for the unexpired term ending 12/31/2025 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. ORDINANCE 2025-14 Borough of Metuchen County of Middlesex State of New Jersey ORDINANCE OF THE BOROUGH OF METUCHEN, COUNTY OF MIDDLESEX AND STATE OF NEW JERSEY AMENDING THE CODE OF THE BOROUGH OF METUCHEN, CHAPTER 110 ENTITLED “LAND DEVELOPMENT”, ARTICLE 21 ENTITLED “AFFORDABLE HOUSING”, SECTION 95.7 ENTITLED “NEW CONSTRUCTION”, ITEM E ENTITLED “MULTIFAMILY ZONES” WHEREAS, the State of New Jersey has a longstanding and well-established commitment to maximizing the opportunities for the development of housing affordable for very low-, low-, and moderate-income households; and WHEREAS, the provision of “safe, decent and attractive housing that [lower-income households] can afford serves the community’s interest in achieving an integrated, just and free society and promotes the general welfare of all citizens.” De Simone v. Greater Englewood Hous. Corp., 56 N.J. 428, 441 (1970); and WHEREAS, in the Mount Laurel decisions, the New Jersey Supreme Court held that the State’s Constitution makes it “plain beyond dispute that proper provision for adequate housing of all categories of people is certainly an absolute essential in promotion of the general welfare required in all local land use regulation.” S. Burlington Cty. NAACP v. Mount Laurel, 67 N.J. 151, 179 (1975) (Mount Laurel I); and WHEREAS, the Court thus found that “each . . . municipality [must] affirmatively . . . plan and provide, by its land use regulations, the reasonable opportunity for an appropriate variety and choice of housing, including, of course, low and moderate cost housing, to meet the needs, desires and resources of all categories of people who may desire to live within its boundaries.” Ibid; and WHEREAS, the New Jersey Legislature itself affirmed this commitment when it enacted the Fair Housing Act of 1985, which established that it is in the State’s interest “to maximize the number of low and moderate units by creating new affordable housing and by rehabilitating existing, but substandard, housing in the State.” N.J.S.A. 52:27D-302; and WHEREAS, accordingly, the New Jersey Supreme Court has determined that “[a]ffordable housing is a goal that is no longer merely implicit in the notion of the general welfare. It has been expressly recognized as a governmental end and codified under the FHA.” Holmdel Builders Ass’n v. Holmdel, 121 N.J. 550, 567 (1990); and WHEREAS, since then, New Jersey’s courts have consistently recognized that “[t]he public policy of this State has long been that persons with low and moderate incomes are entitled Ord. 2025-14 to affordable housing,” and furthermore that those policies do not end when a municipality has satisfied its minimum obligation under the FHA because “‘[t]here cannot be the slightest doubt that shelter, along with food, are the most basic human needs.’” Homes of Hope, Inc. v. Eastampton Tp. Land Use Planning Bd., 409 N.J. Super. 330, 337 (App. Div. 2009) (quoting Mount Laurel I, 67 N.J. at 178); and WHEREAS, the Borough of Metuchen has a fair share obligation consisting of a prior round obligation of 99 units, a third round need of 349 units, and a fourth round obligation of 120; and WHEREAS, the Borough of Metuchen has an established a Mandatory Set-Aside requirement for all sites that benefits from a rezoning, variance or redevelopment plan approved by the Borough in multi-family residential development of five (5) dwelling units or more produces affordable housing; and NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Council of the Borough of Metuchen, Middlesex County, New Jersey, that the Land Development Regulations set forth in Chapter 110 entitled “Land Development”, Article 21 entitled “Affordable Housing”, Section 95.7 entitled “New Construction”, Item E entitled “Mandatory Set-Asides”, is hereby amended, modified and supplemented as follows: Section 1. Section 110-95.7.E shall be amended and replaced in its entirety, as follows: E. Mandatory Set-Asides All applications for development and all new development proposing and/or containing five or more dwelling units shall comply with the following: (1) A minimum of 20 percent of the total number of dwelling units in a development shall be set-aside as affordable units with half being affordable to low-income households and 13 percent shall be affordable to very low-income households. If the calculation of the total number of such affordable units yields a fractional unit of less than 0.5 percent then either a payment in lieu shall be provided prior to issuance of the first Certificate of Occupancy for the development, or one additional unit shall be constructed. If the calculation of the total number of such affordable units yields a fractional unit of 0.5 or greater, it shall count as one additional unit. (2) For any payment in lieu of a fraction of an affordable unit, the payment for the fraction of the affordable unit shall be calculated on a unit cost of $220,702, which is based upon the subsidy required/payment in lieu amount originally set forth for COAH Region 3 in N.J.A.C. 5:97-6.4(c), adjusted by the Urban Consumer Price Index (CPI-U) as of June 2025, and which amount shall be automatically adjusted annually by the CPI-U, unless the developer can demonstrate to the reasonable satisfaction of the Borough of Metuchen that the payment amount should be a different amount based upon the following considerations: 2 Ord. 2025-14 (a) The actual cost to the Borough of constructing and/or subsidizing an affordable unit within the Borough after considering estimated land values and development costs associated with compliance techniques included in the municipality’s Fair Share Plan and Spending Plan; (b) The costs of construction shall include development hard costs, related soft costs, developer’s fees pursuant to the cost containment provisions of N.J.A.C. 5:43-2.4(a)1 through 6, and land costs based on the first quartile of land values for comparable housing types within the municipality. (3) All payments in lieu of constructing fractions of affordable units shall be placed in the Borough's affordable housing trust fund, subject to the regulations and restrictions pertaining to same. Section II. Severability. If any article, section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the remaining portions of this Ordinance and they shall remain in full force and effect and shall be deemed valid and effective. Inconsistencies. In the event of any inconsistencies between the provisions of this Ordinance and any prior ordinance of the municipality, the provisions hereof shall be determined to govern and those inconsistent provisions shall be repealed to the extent of such inconsistency. Referral to Planning Board. A copy of this Ordinance shall be referred to the Planning Board following its introduction for review pursuant to N.J.S.A. 40A:55D-26A. Effective Date and Scope. This Ordinance shall immediately take effect upon its passage and publication, and as otherwise provided for by law. The provisions of this Ordinance shall be applicable within the entire municipality upon final adoption and shall become a part of the Code once completed and adopted. 3 ORDINANCE 2025-15 Borough of Metuchen County of Middlesex State of New Jersey ORDINANCE AMENDING CHAPTER 110 (LAND DEVELOPMENT) CONCERNING NON-CONFORMING SIDE YARD SETBACK EXCEPTIONS FOR SINGLE-FAMILY DWELLINGS WITHIN THE BOROUGH OF METUCHEN BE IT ORDAINED by the Borough Council of the Borough of Metuchen as follows (additions are indicated by underlining; deletions are indicated by strikethroughs): SECTION 1. Section 110-108 (Nonconforming yard setbacks) in Article 23 (Supplementary Regulations) in Part III (Zoning) in Chapter 110 (Land Development) of the Code of the Borough of Metuchen is hereby amended to read as follows: § 110-108 Nonconforming yard setbacks. The requirements of Article 16 of this chapter pertaining to setbacks for yards shall apply to any building located on a lot with an existing nonconforming setback, except that if such building is used as a permitted single-family dwelling, such may be altered or enlarged, provided that either of the following conditions are complied with: A. The alteration or enlargement shall not affect, extend or increase the existing nonconforming setback and meets all other applicable requirements of this article. B. The alteration or enlargement involves the extension of an existing exterior side building wall with a nonconforming side yard setback equaling a minimum of 50% of the individual side yard and a minimum of 75% of the combined side yard setback requirements for the district in which it is located. In addition, such alteration or enlargement shall only involve an extension at the first- or second-story level of the existing building. In no instance shall this provision permit a decrease in the existing nonconforming side yard setback resulting in a greater nonconformity after such alteration or enlargement is constructed. This provision for exception shall not be applicable to corner lots, two-level additions or third- story additions. SECTION 2. Repealer. Any section, paragraph, subsection, clause, or provision of the Borough Code or prior Ordinances inconsistent with the provisions of this Ordinance is hereby repealed to the extent of such inconsistency. SECTION 3. Severability. If any section, paragraph, subsection, clause or provision of this Ordinance shall be adjudged by a court of competent jurisdiction to be invalid, such adjudication shall apply only to the section, paragraph, subsection, clause or provision so adjudicated, and the remainder of the Ordinance shall be deemed valid and effective. 1 SECTION 4. Effective Date. This Ordinance shall take effect upon its passage and publication and filing with the County of Middlesex County Planning Board, and as provided for by law. Introduction: ______________, 2025 Date of Publication: ______________, 2025 COUNCILMEMBER YES NO NV AB COUNCILMEMBER YES NO NV AB BRANCH HYMAN DELIA JETHWANI GIAMBOI KANDEL 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 ______________, 2025. ________________________ Deborah Zupan Borough Clerk Adopted: ______________, 2025 Date of Publication: ______________, 2025 COUNCILMEMBER YES NO NV AB COUNCILMEMBER YES NO NV AB BRANCH HYMAN DELIA JETHWANI GIAMBOI KANDEL 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 ______________, 2025. ________________________ Deborah Zupan Borough Clerk ATTEST: BOROUGH OF METUCHEN ________________________ By: ______________________ Deborah Zupan Jonathan M. Busch Borough Clerk Mayor 2 ORDINANCE 2025- Borough of Metuchen County of Middlesex State of New Jersey ORDINANCE AMENDING SECTION 169-3(E) OF THE CODE OF THE BOROUGH OF METUCHEN ENTITLED “MEMBERSHIP AND FEES” - OFF DUTY POLICE REGULATIONS AND PAY WHEREAS, the Chief of Police has reviewed the Off-Duty Police Work, specifically Part III of Chapter 37 of the Code of the Borough of Metuchen (§37-101 through §37-105) and has recommended that the off-duty police regulations be updated and amended; and WHEREAS, Council of the Borough of Metuchen have determined that it is in the best interest of the Borough to amend and update and amend the police off-duty regulations pursuant to the recommendation of the Chief of Police. NOW THEREFORE BE IT ORDAINED by the Council of the Borough of Metuchen that Part III of Chapter 37 of the Code of the Borough of Metuchen (§37-101 through §37-105) is hereby amended to state the following: Part III Off-Duty Police Work ARTICLE 7 Regulations § 37-101. Requirements. Prior to any Borough police officer being employed by another governmental unit, commercial enterprise or other third party for traffic control, security or other police-related functions, the following procedures apply: A. All requests for such employment of off-duty police officers shall be directed to and handled by the Chief of Police, his designated officer or through a third party designated by the Chief of Police. B. The Chief of Police or his designated officer shall satisfy himself that the request is appropriate and reasonable. C. The Chief of Police or his designated officer shall be made aware that the employing entity has the intention of performing work that will last in excess of two (2) workdays. When this occurs a preconstruction meeting may be required prior to the commencement of work, if so determined by the Chief of Police or his designated officer. D. The Borough of Metuchen shall require all outside agencies or entities intending to perform work within the Borough of Metuchen, which requires traffic control or work site security, to consult with the Chief of Police or his designee on plans, and where appropriate, hire at least one Metuchen Police Officer if that agency or entity has the intention of hiring an outside law enforcement officer to perform said work. CE. The Chief of Police or his designated officer must approve all requests for employment of off-duty municipal police officers covered under this policy. DF. The Chief of Police or his designated officer shall approve each individual officer's request to be assigned for off-duty employment and satisfy himself that the assignment would not jeopardize the proper and efficient operations of the department. EG. The Borough of Metuchen may enter into a contract with a third-party consultant to assist in the administrative functions for the provision of off-duty police work within the Borough of Metuchen. Said contract shall be approved by the Mayor and Council of the Borough of Metuchen in coordination with the Chief of Police. § 37-102. Rate of compensation for officers assigned. Any officer assigned to outside employment will be compensated at the following rate schedule: A. Traffic duty or outdoor work: (1) Between the hours of 6:00 a.m. and 6:00 p.m. (weekdays): $785 per hour (four-hour minimum). (2) Between the hours of 6:00 p.m. and 6:00 a.m. or Saturday and Sunday (all day): $895 per hour (four-hour minimum). (3) Security or indoor work: $565 per hour (three-hour minimum). B. Minimum hours of compensation: (1) The minimum compensation will be for four hours at the applicable hourly rate. (2) If the assignment is more than four hours but less than eight hours, the officer will be compensated for eight hours. (3) If the Borough or the designated third-party consultant is notified less than 16 hours before the contract is to begin, an emergency rate of $10 per hour will be added to the normal rate. (4) Prior notice of cancellation of assignment within 1 1/2 hours prior to the scheduled start of the assignment requires compensation of four hours. (5) The Borough, or the third-party consultant, if applicable, shall be paid directly from the individual, corporation or entity requesting the services, and from such funds will compensate the officers for the time expended. C. In addition to the compensation of the officers provided above, persons or entities seeking off-duty police services shall pay the Borough of Metuchen or the third- party consultant the sum of $2012 - per hour for each vehicle required for off-duty use. D. In addition to the aforementioned fees to be collected by the Borough of Metuchen or third party consultant for the payment of said off-duty police officers, there shall be an administrative fee of 18% of the invoiced amounts. Said fees shall be used to offset all of the administrative costs associated with the assignment of Borough police officers by the Borough of Metuchen and third-party consultant, if applicable. § 37-103. Billing. A. The officer employed off duty shall record such employment time on a designated form established by the Chief of Police or his designated officer to verify his/her attendance. B. The party seeking off-duty police services shall forward a deposit to the Borough of Metuchen or designated third party consultant if applicable, by check or money order payable in the amount equal to the costs expressed in the police services agreement as required below, payable to the Borough of Metuchen or designated third-party consultant, prior to any officer being scheduled. § 37-104. Agreement. The requesting agency or entity shall receive a copy of this Part III and shall execute an agreement with the Borough of Metuchen, or third-party consultant if applicable, prior to the assignment of any off-duty officer to the agency or entity. § 37-105. General policy. A. Any police officer employed off duty shall be bound to follow all rules, regulations, procedures, orders, directives or their equivalent of the Police Department. This includes, but is not limited to, the use of deadly force, pursuits, reporting of injuries, reporting of property damages, proper conduct, etc. B. It is the intention of this Part III to set forth the requirements for all parties involved in the hiring of off-duty municipal police officers. The Borough of Metuchen views such work as a necessary and logical extension of the law enforcement officer's job and is, therefore, deemed in the public's best interest. At all times the officer shall be subject to the same rules of conduct and performance as if performing his regular duty assignment. C. This Part III is not applicable to outside employment in fields unrelated to police work, such as landscaping, electrical, radio repair, umpiring, consulting, etc., where the employee's law enforcement skills will not be required. However, police officers remain held to the high standard of good conduct and duty bound to the rules and regulations, where appropriate, while off duty. D. It is the intention of the Borough to provide, or arrange for the provision of, insurance coverage, including workers' compensation coverage, to officers accepting off- duty employment under this policy to the full extent permissible under the relevant statutes and ordinances consistent with the applicable policies of insurance which are in force. The Borough reserves the right to seek indemnification from any third party tortfeasor or reimbursement from the officer for the sums he or she receives from a third party tortfeasor in accordance with applicable law. E. The Chief of Police or his designee shall have the authority to order any member of the Police Department engaged in employment authorized by this Part III to respond to emergency situations requiring a response by the Metuchen Police Department. The Chief or his designee shall be authorized to terminate any employment authorized by this Part III whenever such employment creates an unacceptable risk to the health, safety and welfare of the officer or the citizenry. In the event that the employment authorized by this Part III is interrupted by emergency or terminated because it has created an unacceptable risk, then the private person or entity shall not be required to pay during the period of interruption or termination. F. Nothing contained herein shall be construed as affecting or changing the provision of any mutual aid agreements between the Borough and any other municipality. BE IT FURTHER ORDAINED by the Mayor and Council that all remaining sections of Chapter 37 not amended 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 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; and BE IT FURTHER ORDAINED by the Mayor and Council that it hereby authorizes the Borough Administrator, Chief Financial Officer, Chief of Police and all other Borough employees to take all action necessary in order to implement the within Ordinance. ORDINANCE 2025- Borough of Metuchen County of Middlesex State of New Jersey ORDINANCE AMENDING THE CODE OF THE BOROUGH OF METUCHEN SPECIFICALLY § 185-26, ENTITLED “TURN PROHIBITIONS” TO INCLUDE SIMPSON PLACE AND HUNT PLACE WHEREAS, the Chief of Police and the Borough Engineer have recommended that the Borough restrict vehicles from making left turns from Simpson Place onto Amboy Avenue and from Hunt Place onto Bounty Street during certain hours and days; and WHEREAS, the Mayor and Council have determined based upon the recommendations of the Chief of Police and Borough Engineer to amend § 185-26, entitled “Turn Prohibitions”. NOW THEREFORE BE IT ORDAINED by the Mayor and Council of the Borough of Metuchen that § 185-26, entitled “Turn Prohibitions” is hereby amended to state as follows: § 185-26 Turn Prohibitions. No person shall make a turn at any location listed and only in the manner described: Intersection Direction Turn Movement Prohibited Prohibited Bridge Street and Connor Avenue North Left 7:00 a.m. to 9:00 a.m. 3:00 p.m. to 6:00 p.m. (Monday to Friday) Central Avenue (C.R. 669) and South Left All School Street New Durham Road (C.R. 501) and East Right 7:00 a.m. to 9:00 a.m. Renninger Road 3:00 p.m. to 6:00 p.m. (Monday to Friday) Simpson Place and Amboy Avenue South Left 8:00 a.m. to 9:30 a.m. (C.R. 501) 2:30 p.m. to 3:30 p.m. (Monday to Friday) Hunt Place and Bounty Street West Left 8:00 a.m. to 9:30 a.m. 2:30 p.m. to 3:30 p.m. (Monday to Friday) BE IT FURTHER ORDAINED by the Mayor and Council that all remaining sections of Code of the Borough of Metuchen not specifically amended herein shall not be affected by the within amendments and shall remain in full force and effect. BE IT FURTHER ORDAINED that should any section, paragraph, sentence, clause, or phase of this ordinance be declared unconstitutional or invalid for any reason, the remaining portion of this ordinance shall not be affected thereby and shall remain in full force and effect, and to that end the provisions of this ordinance are hereby declared to be severable; and BE IT FURTHER ORDAINED that all ordinances or parts of ordinances inconsistent with this amending ordinance are hereby repealed to the extent of their inconsistencies only; and BE IT FURTHER ORDAINED that this ordinance shall be in full force and take effect after final passage and publication, as required by law. BE IT FURTHER ORDAINED by the Mayor and Borough Council of the Borough of Metuchen that all Borough officials shall take all necessary actions to in order to effectuate the within Ordinance. RESOLUTION 2025-213 Borough of Metuchen County of Middlesex State of New Jersey RESOLUTION AUTHORIZING A JOINT RECREATIONAL FACILITIES AGREEMENT BETWEEN THE METUCHEN BOARD OF EDUCATION AND THE BOROUGH OF METUCHEN, COUNTY OF MIDDLESEX, STATE OF NEW JERSEY WHEREAS, pursuant to N.J.S.A. 40:12-9, a municipality and a school are permitted to jointly “improve, operate and maintain on existing property, any playgrounds, completely inclusive playgrounds, playfields, gymnasiums, public baths, swimming pools or indoor recreation centers;” and WHEREAS, N.J.S.A. 40:12-9 further authorizes a municipality to appropriate money for this purpose and to pay to the school money so appropriated; and WHEREAS, the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. (the “Local Redevelopment and Housing Law”), as amended and supplemented provides a process for municipalities to participate in the redevelopment and improvement of areas in need of redevelopment; and WHEREAS, by way of Resolution No. 2020-50, adopted February 3, 2020, the Borough’s governing body (the “Borough Council”) formally declared the entirety of the Borough as an “Area in Need of Rehabilitation” (the “Rehabilitation Area”) in accordance with the Local Redevelopment and Housing Law; and WHEREAS, by way of Ordinance No. 2020-10, adopted May 11, 2020, the Borough Council adopted a redevelopment plan entitled “Redevelopment Plan for the Rehabilitation Area in the Borough of Metuchen March 2020,” as amended or supplemented, which sets forth, inter alia, the plans for the planning, development, redevelopment, and rehabilitation of the Rehabilitation Area in accordance with the Local Redevelopment and Housing Law; and WHEREAS, pursuant to the Local Redevelopment and Housing Law, via Resolution No. 2015-226 adopted on September 8, 2015, the Borough Council designated Block 37, Lots 5.03, 5.05, 5.12, 5.22, 6, 7.01, 7.02, 13, 14, 15.01, 16.02, 16.03, 17.01 & 17.02; Block 42, Lots 1-7; and, Block 66, Lots 1-3 as a “Non-Condemnation Redevelopment Area” (the “Redevelopment Area”); and WHEREAS, by way of Ordinance No. 2021-19, adopted on September 13, 2021, the Borough Council adopted in accordance with the Local Redevelopment and Housing Law a more specific redevelopment plan for the Redevelopment Area, entitled, “Gulton Tract Redevelopment Plan,” prepared by LRK, Inc.; and R2025-213 WHEREAS, by way of Ordinance No. 2022-04, adopted on March 28, 2022, the Borough Council adopted the “Amended Gulton Tract Redevelopment Plan,” prepared by LRK, Inc., dated March 11, 2022, which superseded all previously adopted redevelopment plans for the Redevelopment Area (as amended, the “Redevelopment Plan”); and WHEREAS, pursuant to the Local Redevelopment and Housing Law and Resolution 2022-128, adopted May 23rd, 2022, the Borough and 212 Durham Urban Renewal, LLC entered into a Redevelopment Agreement (the “Redevelopment Agreement”), designating 212 Durham Urban Renewal, LLC (the “Redeveloper") as redeveloper of a portion of the Redevelopment Area as specified in the Redevelopment Agreement, and setting forth the terms and conditions to which such portion is to be redeveloped; and WHEREAS, pursuant to the Redevelopment Agreement, the Redeveloper proposes to undertake a project consisting of two components, a Residential Project consisting of five (5) story single structure with up to two hundred and seventy-two (272) residential units, fifteen percent (15%) of which shall consist of affordable housing units and associated amenities and Open Space Improvements, a portion of which shall be financed with governmental bonds (collectively, the “Project”); and WHEREAS, by way of Ordinance No. 2022-09, adopted May 23, 2022, the Borough entered into a Financial Agreement for a Long-Term Tax Exemption with the Redeveloper (the “Financial Agreement” or “PILOT Agreement”) in order to memorialize the terms and conditions by which the Redeveloper will pay an Annual Service Charge in lieu of real property taxes on the Project Improvements and Land; and WHEREAS, N.J.S.A. 40A:12A-22(m) authorizes a municipality to enter into contracts with a public agency to have the public agency provide and maintain parks, recreation centers, schools and other facilities adjacent to or in connection with a redevelopment area, and N.J.S.A. 40A:12A-22(o) authorizes a municipality to enter into all contracts necessary and incidental to the performance of duties authorized in the Local Redevelopment and Housing Law; and WHEREAS, N.J.S.A. 40A:12A-39(b) authorizes any public body (which includes a school district) to cause recreational facilities to be furnished adjacent to or in connection with a redevelopment project and N.J.S.A. 40A:12A-39(e) authorizes any public body (which includes a school district) to enter into an agreement “which may extend over any period, notwithstanding any provision or rule of law to the contrary,” with a redevelopment entity; and WHEREAS, the Borough and BOE desire to jointly improve, operate and maintain certain recreational facilities within the Borough of Metuchen, including Edgar, Charles and Myrtle fields owned by the Borough (“Borough Recreation Facilities”), and Campbell School Field, the artificial Metuchen High School field, the gymnasiums and classrooms owned by the BOE (“BOE Recreation Facilities”); and R2025-213 WHEREAS, it is acknowledged that BOE will incur additional expense to accommodate the increased needs related to the Redevelopment Area and the Borough proposes to share a percentage of the PILOT revenue received pursuant to the Financial Agreement for the Project to defray the additional costs to the BOE in the manner set forth herein; and WHEREAS, the Borough and the BOE wish to enter into an agreement to set forth their respective rights and obligations with regard to the joint improvement, operation and maintenance of said recreational facilities, both for the benefit of the residents of the Borough and the public, and in connection with the redevelopment of the Redevelopment Area, in a manner that does not interfere with the educational uses of the BOE facilities. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Metuchen as follows: 1. The foregoing recitals are incorporated herein by reference as if fully set forth at length. 2. That the Joint Recreation Agreement Between the Borough of Metuchen and the Metuchen Board of Education be approved and that the Mayor and/or Borough Administrator and the Borough Clerk are hereby authorized to execute the Agreement, upon the review and approval of its final form by the Borough Administrator, Borough Solicitor and Borough Redevelopment Counsel, which such final form will be on file with the Borough Clerk. BE IT FURTHER RESOLVED that this Resolution shall take effect immediately. ATTEST: BOROUGH OF METUCHEN _______________________________ ____________________________ Deborah Zupan Jonathan M. Busch Borough Clerk Mayor RESOLUTION 2025-214 Borough of Metuchen County of Middlesex State of New Jersey RESOLUTION AUTHORIZING SOMERSET COUNTY COOPERATIVE PRICING FOR A WINDOW CONTRACT FOR ORIGINAL EQUIPMENT MANUFACTURED PARTS TO REPLACE THE ARM OF AN AUTOMATED GARBAGE TRUCK – SANITATION EQUIPMENT CORPORATION WHEREAS, there exists a need for the replacement of an automated garbage truck arm for the Borough of Metuchen, in the County of Middlesex, State of New Jersey; and WHEREAS, this can be purchased through the Somerset County Cooperative original equipment manufactured parts and repairs, and non-OEM parts when used in repair of equipment for heavy duty vehicles over 14,500 GVW , Open-ended Contract #CC-0129-23, Cooperative Pricing Bid #2-SOCCP, Second Year of a Two-Year Contract pursuant to the provisions of NJSA 40A:11-11 (5), specific to LaBrie and Leach Trucks; and WHEREAS, this award authorization includes purchase of over the counter parts for heavy duty Public Works fleet vehicles- only LaBrie and Leach truck parts; and WHEREAS, Sanitation Equipment Corporation is a secondary vendor for parts and repairs for hydraulic cylinders, hydraulic hoses, and pumps; and WHEREAS, said contract is the second year of a two-year contract for original equipment manufactured parts and repairs, for heavy duty vehicles over 14,500 GVW , Open-ended Contract #CC- 0129-23, Co-operative Pricing Bid #2-SOCCP which was approved on November 26, 2024 by the Somerset County Board of County Commissioners is effective from November 26, 2024, to November 25, 2025; and WHEREAS the amount for the returfing 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 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, the authorization to purchase under this award is for the completion of the installation of the replacement automated garbage truck arm; and WHEREAS, the maximum amount of the purchase and installation of original equipment manufactured parts for the arm of an automated garbage truck, for a Public Works heavy duty fleet vehicle over 14,500 GVW for the Borough of Metuchen is forty nine thousand six hundred forty one dollars and forty seven cents ($49,641.47) and that there are sufficient funds for such award as certified from the 2024 Capital Bond Ordinance, C-04-55-944-010 for these services; R2025-214 WHEREAS, the County of Somerset, New Jersey 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. 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 Sanitation Equipment Corporation, 80 Furler Street, Totowa, NJ 07512 in the amount not to exceed forty nine thousand six hundred forty one dollars and forty seven cents ($49,641.47). RESOLUTION 2025 Borough of Metuchen County of Middlesex State of New Jersey RESOLUTION AUTHORIZING MONMOUTH-OCEAN EDUCATIONAL SERVICES COMMISSION COOPERATIVE CONTRACT FOR GENERAL CONSTRUCTION SERVICES – RENOVATION OF BOROUGH HALL BATHROOMS WHEREAS, there exists a need for repairs and upgrades to the men & women’s restrooms on the first floor at the Metuchen Borough Hall in the Borough of Metuchen, County of Middlesex, State of New Jersey; and WHEREAS, general construction services are offered through Monmouth-Ocean Educational Services Commission (Coop #289MOESC) Bid 25-02 General Construction Cooperative Bid 2024-2025, on a time and materials basis; and WHEREAS, the primary contractor for Middlesex & Monmouth, Ocean & Mercer, Burlington & Atlantic Counties for the #289 MOESC Bid 25-02 award is GPC, Inc., general construction services are offered through Monmouth-Ocean Educational Services Commission (Coop #289MOESC) Bid 25-01 on a time and materials basis; and WHEREAS, the term of the contract is from April 24, 2024 to June 30, 2025; extended from July 1, 2025 to April 24, 2027; and WHEREAS, the Chief Financial Officer’s certification of funds is made authorizing the award for the repairs and improvements for men & women’s restrooms on the first floor at the Metuchen Borough Hall in an amount not to exceed one hundred thousand five hundred and six dollars and no cents ($100,506.00) from Community Development Block Grant 2024-2025 Boro Hall Bathroom Renovations T-16-56-880-890 in the amount of $62,054.00 and from Capital Bond Ordinance 2024-11, C-04-55-944-004 in the amount of $38,452.00 ; and WHEREAS the amount to complete the repairs and upgrades to the men & women’s restrooms on the first floor at the Metuchen Borough Hall is above the bid threshold as set by New Jersey Local Public Contracts Law N.J.S.A. 40A:11-1 et seq and is subject to vendor compliance with the New Jersey Prevailing Wage Act (N.J.S.A. 34:11-56.25 et seq.), N.J.A.C. 10:5-31 et seq and N.J.A.C. 17-27; and WHEREAS, award of this contract is contingent upon receipt of vendor proof of registration as a NJ in-state public works contractor with New Jersey Department of Labor & Workforce Development Wage and Hour Division and Contract Compliance New Jersey Wage Hub and Employer Access pursuant to P.L. 2022, c.120 (S2357), and proof of filing of New Jersey Labor and Workforce Development Construction EEO Compliance Monitoring Program Form AA-201 Initial Project Workforce Report Construction. R2025- WHEREAS, Monmouth-Ocean Educational Services Commission shall be responsible for complying with the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.), New Jersey Prevailing Wage Act (N.J.S.A. 34:11-56.25 et seq.), N.J.A.C. 10:5-31 et seq and N.J.A.C. 17- 27 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 GPC, Inc. for renovation of existing Borough Hall bathrooms 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 GPC, Inc., 20 East Willow Street, Millburn, NJ 07041, in an amount not to exceed one hundred thousand five hundred six dollars and no cents ($100,506.00). RESOLUTION 2025-216 Borough of Metuchen County of Middlesex State of New Jersey RESOLUTION AUTHORIZING THE AWARD OF A WINDOW CONTRACT FOR THE PURCHASE OF FLAT RATE PREVENTAIVE MAINTENANCE AND REPAIR OF FIRE APPARATUS THROUGH SOURCEWELL, FORMALLY KNOWN AS THE NATIONAL JOINT POWERS ALLIANCE (NJPA) A NATIONAL COOPERATIVE PURCHASING PROGRAM PURSUANT TO P.L.2011, C.139 WHEREAS, there is a need for the Borough of Metuchen for the purchase of flat rate Preventative Maintenance, and Repair of Fire Apparatus for the Borough of Metuchen; and WHEREAS the amount for the preventative maintenance and repair 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 WHEREAS, the Borough of Metuchen as a contracting unit, may without advertising for bids, purchase any materials, supplies or equipment entered into on behalf of Sourcewell, formally known as National Joint Powers Alliance Cooperative, 202 12th Street NE, PO Box 219, Staples, MN 56479 pursuant to the provision of P.L. 2011, c. 139 which permits contracting units to use contracts awarded by national or regional cooperative or other states that were competitively bid. The law supplements existing law on the use of such contracts and is intended to provide additional flexibility to local government in the area of procurement; and WHEREAS, the maximum amount awarded for flat rate preventative maintenance of fire apparatus is $9,100.00, and $18,300.00 for parts and labor for repairs of fire apparatus, for a total award of $27,400.00 for the Borough of Metuchen and funds are available in the 2025 Adopted Budget, Appropriation Line Fire Department Vehicle Maintenance & Repair 5-01-26-752-025 as certified by the Chief Financial Officer and that there are sufficient funds for such award, not to exceed a maximum in the amount of twenty seven thousand four hundred dollars and no cents ($27,400.00): and WHEREAS, the Sourcewell Bid #113021-OKC was awarded to Oshkosh Corporation for Firefighting Apparatus, with Pierce Manufacturing as a subsidiary company. Fire & Safety LTD is a named dealer of Pierce Manufacturing. Preventative Maintenance and Repair is authorized under Bid #113021- OKC to the distributors of Pierce Manufacturing, effective April 5, 2022, and expires on February 10. 2026; and WHEREAS, the authorization for preventative maintenance and repairs of fire apparatus of this contract award expires on December 31, 2025. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Metuchen, in the County of Middlesex as follows: The Chief Financial Officer and the Borough Administrator are hereby authorized and directed to approve and forward a purchase order to Fire & Safety Services, LTD, 200 Ryan Street, South Plainfield, NJ 07080. RESOLUTION 2025-217 Borough of Metuchen County of Middlesex State of New Jersey RESOLUTION AUTHORIZING AWARD OF A WINDOW CONTRACT FOR DETECTIVE BUREAU INTERVIEW ROOM EQUIPMENT, PERIPHERALS AND INSTALLATION WHEREAS, there exists a need for detective bureau interview room equipment, peripherals and installation at the Metuchen Police Department Detective Bureau in the Borough of Metuchen, in the County of Middlesex, State of New Jersey; and WHEREAS, the Borough of Metuchen has solicited quotes for the interview room equipment, peripherals and installation using a fair and open process, with four vendor solicitations issued and four written compliant quotes returned; and WHEREAS, the amount for the detective bureau interview room equipment, peripherals and installation 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 WHEREAS, Mack Camera submitted the lowest, compliant quote for the Police Department interview room equipment. peripherals and installation; and WHEREAS, the Chief Financial Officer’s certification of funds is made authorizing the award for the detective bureau interview room equipment, peripherals and installation for the Metuchen Police Department in an amount not to exceed nineteen thousand one hundred and eleven dollars and no cents ($19,111.00) Capital Bond Ordinance 2025-12, C-04-55-945-003; and WHEREAS, this procurement is awarded under N.J.S.A. 19:44A20.4 et seq. using a fair and open process to Mack Camera who submitted the lowest, compliant quote for interview room equipment, peripherals and installation for the Borough of Metuchen; and 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 Mack Camera, 200 Morris Avenue, Springfield, NJ 07081 in an amount not to exceed nineteen thousand one hundred and eleven dollars and no cents ($19,111.00). RESOLUTION 2025-218 Borough of Metuchen County of Middlesex State of New Jersey RESOLUTION AUTHORIZING STATE CONTRACT PURCHASE FOR POLICE VEHICLE WHEREAS, there exists a need for one (1) vehicle for the Police Department in the Borough of Metuchen, in the County of Middlesex, State of New Jersey; and WHEREAS, this can be purchased through State Contract # T-2776, 20-FLEET-01189 Police Pursuit Special Service Vehicles; Gasoline, Hybrid and Plug-In Hybrid Engines, originally awarded on June 18, 2020 through June 17, 2022, with the 4th contract extension from June 18, 2025 until June 17, 2026; and WHEREAS, the awarded amount of the State Contract purchase for one (1) 2025 Ford Police Utility Interceptor Base Vehicle, is $42,493.00; and WHEREAS, additional vehicle add-ons that are not covered by State Contract in the amount of $990.00 are included in the authorization cost of the 2025 Ford Utility Interceptor Vehicle for a maximum amount not to exceed forty three thousand four hundred eighty three dollars and no cents ($43,483.00); and WHEREAS, the Chief Financial Officer's Certification of Funds is made authorizing the award for one (1) 2025 Ford Police Utility Interceptor Vehicle from Capital Ordinance 2025-12 , C- 04-55-945-003, not to exceed a grand total of forty three thousand four hundred eighty three dollars and no cents ($43,483.00); 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. WHEREAS, the State of New Jersey Division of Purchase and Property 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 Chas S. Winner Inc. dba Winner Ford. for a Police Pursuit Special Service Vehicle 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 Winner Ford, 250 Haddonfield-Berlin Road, Cherry Hill, NJ 08034 in the amount not to exceed forty three thousand four hundred eighty three dollars and no cents ($43,483.00). RESOLUTION 2025-219 Borough of Metuchen County of Middlesex State of New Jersey RESOLUTION AUTHORIZING STATE CONTRACT FOR PURCHASE AND INSTALLATION OF EMERGENCY LIGHTING AND EQUIPMENT FOR POLICE UTILITY VEHICLE WHEREAS, there exists a need for emergency lighting and equipment to outfit one 2025 Ford Utility Interceptor Vehicle in the Borough of Metuchen, County of Middlesex, State of New Jersey; and. WHEREAS, this can be purchased through State Contract # T-0106 Law Enforcement Firearms, Equipment and Supplies, originally awarded for term of May 15, 2019 to May14, 2023, with the 3rd one year extension from May 15, 2025 to May 14, 2026; and WHEREAS the following contract awards have been made under T-0106 , Law Enforcement Firearms, Equipment and Supplies 17-FLEET-00761 to Whelen Engineer, 17- FLEET-00719 to Havis, Inc. and 17-Fleet-00768 to Pro Gard, with Emergency Accessories & Installations named in each three listed awards as a contract vendor distributor ; and WHEREAS, the total award to Emergency Accessories & Installations for various emergency lighting and equipment and installation into a new 2025 Ford Utility Interceptor Vehicle is twenty one thousand five hundred twenty eight dollars and forty cent ($21,528.40) for a maximum amount not to exceed twenty one thousand five hundred twenty eight dollars and forty cents ($21,528.40); and WHEREAS, the Chief Financial Officer's Certification of Funds is made authorizing the award for acquisition and installation of emergency lighting and equipment to outfit one 2025 Ford Utility Interceptor Vehicle from Capital Bond Ordinance 2025-12, C-04-55-945- 003, not to exceed a grand total of twenty one thousand five hundred twenty eight dollars and forty cents ($21,528.40); 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. WHEREAS, the State of New Jersey Division of Purchase and Property 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 NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Metuchen, in the County of Middlesex as follows: R2025-219 The Chief Financial Officer and Borough Administrator are hereby authorized and directed to approve and forward a Purchase Order to Emergency Accessories & Installations, 250 Haddonfield-Berlin Road, Cherry Hill, NJ 08034 in an amount not to exceed twenty one thousand five hundred twenty eight dollars and forty cents ($21,528.40.) RESOLUTION 2025-220 Borough of Metuchen County of Middlesex State of New Jersey RESOLUTION AUTHORIZING THE REFUND OF RECREATION TRUST PROGRAM FEES WHEREAS, fees for attendance at various Borough of Metuchen Recreation Commission events and camps were collected in 2025; and WHEREAS, the Girl’s Basketball Clinic: 5th-8th Grades program was cancelled; and WHEREAS, the fees collected are requested by the Director of Recreation/Senior Services to be refunded, as detailed in the below schedule. NOW, THEREFORE, BE IT RESOLVED that the Chief Finance Officer be authorized to process refunds in the amount of $1,050.00 as described, from the Recreation Trust account. Parent: Participant: Amount Refunded: Beth Perez Nathalie $150.00 Michelle Drapkin-Clarke Natasha $150.00 Jennifer Blevins Madelyn $150.00 Bhupesh Vohra Sia $150.00 Ira Nayak Ira $150.00 April Compertore Molly $150.00 Latoya Perez Raylin $150.00 RESOLUTION 2025-221 Borough of Metuchen County of Middlesex State of New Jersey RESOLUTION AUTHORIZING THE REFUND OF 2025 POOL PARTY FEE WHEREAS, the Director of Recreation/Senior Services has requested a refund of the 2025 pool party booking deposit for a June 26, 2025 pool party due to unavailability of the pool facility on that day: Maya Bohra 200 Columbia Avenue, Metuchen $75.00 WHEREAS, the Pool Commission approved the pool party booking fee refund as noted in the July 8, 2025 Pool Meeting minutes. NOW, THEREFORE, BE IT RESOLVED that the Chief Finance Officer be authorized to process a refund as described in the amount of $75.00, from the Pool Utility Fund. RESOLUTION 2025-222 Borough of Metuchen County of Middlesex State of New Jersey RESOLUTION TO REFUND ESCROW BALANCE - 17-1164 E WHEREAS, the Planning Board Office has requested that the following escrow account be closed, and the balance be refunded to the depositor; and WHEREAS, the Planning Board Office has contacted the Board Planner, Engineer, and Attorney for authorization to release the funds and determine the project is closed; and WHEREAS, the Planning Board Office has provided a list to the Chief Finance Officer with a sign-off from the Board Professionals, that the following escrow project is complete and can be closed, and that no further billing from the professionals for this project will be paid. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Metuchen for the Chief Financial Officer/Tax Collector is instructed to refund, in the amount indicated, the following escrow balance to the depositor, as the project has been determined to be closed: ESCROW AMOUNT DEPOSITOR ACCOUNT 17-1164 E $664.33 Pagoda Homes, LLC RESOLUTION 2025-223 RESOLUTION TO REFUND ESCROW BALANCE - 22-1337 I WHEREAS, the Planning Board Office has requested that the following escrow accounts be closed, and the balance be refunded to the depositor; and WHEREAS, the Planning Board Office has contacted the Board Engineer for authorization to release the funds and determine if the projects are closed; and WHEREAS, the Planning Board Office has provided a list to the Chief Finance Officer with a sign-off from the Board Professional, that the following escrow projects are complete and can be closed, and that no further billing from the professional for these projects will be paid. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Metuchen for the Chief Financial Officer/Tax Collector is instructed to refund, in the amount indicated, the following escrow balances to the depositor, as the project has been determined to be closed: ESCROW DEPOSITOR AMOUNT ACCOUNT 22-1337 I $452.12 Robert Sorg RESOLUTION 2025-224 Borough of Metuchen County of Middlesex State of New Jersey RESOLUTION TO REFUND ESCROW BALANCE - 24-1397 E WHEREAS, the Planning Board Office has requested that the following escrow account be closed, and the balance be refunded to the depositor; and WHEREAS, the Planning Board Office has contacted the Board Planner, Engineer, and Attorney for authorization to release the funds and determine the project is closed; and WHEREAS, the Planning Board Office has provided a list to the Chief Finance Officer with a sign-off from the Board Professionals, that the following escrow project is complete and can be closed, and that no further billing from the professionals for this project will be paid; and WHEREAS, the payment for release for project 24-1397 E will include interest* in addition to the amount shown in the chart below. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Metuchen for the Chief Financial Officer/Tax Collector is instructed to refund, in the amount indicated, the following escrow balance to the depositor, as the project has been determined to be closed: ESCROW DEPOSITOR AMOUNT ACCOUNT 24-1397 E $3371.96 EM Motor Cars Metuchen, LLC 24-1397 E* $315.33 EM Motor Cars Metuchen, LLC RESOLUTION 2025-225 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 $8,757,188.66. 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

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