Mayor & Council Meeting

BOROUGH OF METUCHEN COUNCIL MINUTES September 8, 2025 7:30 PM The Regular Meeting of the Borough Council was held in the Council Chambers of Borough Hall on September 8, 2025. The Meeting was called to order at 7:30 p.m. by Mayor Busch. Mayor Busch stated that adequate notice of meeting was published in the Home News Tribune on December 18, 2024, posted in Borough Hall, on file in the Clerk’s Office, and that all requirements of the Open Public Meetings Act had been satisfied. Mayor Busch asked everyone to rise for the Pledge of Allegiance. Roll Call Mayor Busch asked 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 asked that Communications Agenda item C be pulled to be voted on separately, and that Resolution 2025-231 be pulled from the New Business Consent Agenda 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, read some of his comments from previous public comment sessions, including his views on the Master Plan, overdevelopment, and the cannabis retail business in Metuchen. He commented that residents should take the time to watch Council meetings and hold their elected officials accountable. Seeing no one else wishing to speak, Mayor Busch closed the Public Comment. Borough Council Meeting Minutes Council President Delia made a motion to approve the Borough Council Meeting Minutes of August 25, 2025, second by Councilmember Giamboi, with all in favor, motion carried, 6-0. Communications Consent Agenda – Items A and B and Item C Council President Delia made a motion to open the approve Communications Consent Agenda Items A and B, second by Councilmember Giamboi. Councilmember Jethwani abstained from voting. With all others in favor, motion carried, 5-0. A. Receive and Approve Block Party-Street Closing for Home Street on October 4, 2025 B. Receive and Approve Block Party-Street Closing for Salem Court October 4, 2025 Borough Council Meeting September 8, 2025 Council President Delia made a motion to open the approve Communications Consent Agenda Items C, second by Councilmember Giamboi, with all in favor, motion carried, 6-0. C. Receive and Approve Block Party-Street Closing for Summit Avenue on October 11, 2025 Ordinance – Public Hearing 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. 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 2025-15 be passed on second reading and be published according to law, second by Councilmember Giamboi. Mayor Busch asked for a roll call vote. Roll Call: Yeas: Branch, Giamboi, Hyman, Jethwani, Kandel, Delia Nays: None Ordinance 2025-15 was passed on second reading, 6-0 and will be published according to law. 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: 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 Borough Council Meeting September 8, 2025 greater nonconformity after such alteration or enlargement is constructed. This provision for exception shall not be applicable to 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. 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. 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. 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 2025-16 be passed on second reading and be published according to law, second by Councilmember Giamboi. Mayor Busch asked for a roll call vote. Roll Call: Yeas: Branch, Giamboi, Hyman, Jethwani, Kandel, Delia Nays: None Ordinance 2025-16 was passed on second reading, 6-0 and will be published according to law. ORDINANCE 2025-16 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: Borough Council Meeting September 8, 2025 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. E. The Chief of Police or his designated officer must approve all requests for employment of off-duty municipal police officers covered under this policy. F. 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. G. 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): $85 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): $95 per hour (four-hour minimum). (3) Security or indoor work: $65 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. Borough Council Meeting September 8, 2025 (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 $20 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. Borough Council Meeting September 8, 2025 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. 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. 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 2025-17 be passed on second reading and be published according to law, second by Councilmember Giamboi. Mayor Busch asked for a roll call vote. Roll Call: Yeas: Branch, Giamboi, Hyman, Jethwani, Kandel, Delia Nays: None Ordinance 2025-17 was passed on second reading, 6-0 and will be published according to law. Borough Council Meeting September 8, 2025 ORDINANCE 2025-17 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. Report of the Borough Administrator No report. Reports of Councilmembers Borough Council Meeting September 8, 2025 Council President Delia reported that the MDA would be hosting its annual wrestling event that the second Metuchen Pops event would take place later in September. He also noted that the Traffic and Transportation Committee would be meeting that week. Councilmember Kandel reported that the Pool had closed on Labor Day and thanked the staff and Pool Commission for a successful season. He also noted that they were already planning for next year and that any member of the public was welcome to attend the Pool Commission meeting the following evening. Councilmember Jethwani reported that September is Library Card Sign Up Month and mentioned the many resources available to cardholders. She also noted that the Library would be hosting a program on the history of Metuchen and an acrylic painting class inspired by portraits of Frida Kahlo in honor of Hispanic Heritage Month. Councilmember Hyman reported that the CARES-sponsored Overdose Awareness vigil was a successful and meaningful event. She thanked the sponsors and the community for coming out in support. She noted that the Parade Commission would be opening registration for the Winter Festival Parade soon. Councilmember Giamboi reported that the Shade Tree Commission, with the help of additional volunteers, would be holding a tree count of Borough trees. She noted this project would be evaluating the size, type, and health of a sampling of trees. She commented that the Environmental Commission and Senior Citizens Commission both had upcoming meetings. Finally, Councilmember Giamboi noted that the Metuchen Farmers Market was now a SNAP participant and that they were partnering with the FPC Food Pantry to bring fresh produce to its clients. Councilmember Branch reported that the Arts Council events Porchfest and Jazz Festival were coming up soon and that the Human Relations Commission would be co-sponsoring an international dance event in October. He also noted that the Human Relations Commission would be at the Farmers Market on October 4 and would be celebrations Human Rights Day in December. Finally, Councilmember Branch shared information about upcoming Recreation Halloween programs. Report of the Mayor Mayor Busch expressed his appreciation for the School Board and Administration’s hard work in advance of this school year, especially the implementation of full-day kindergarten and its impact across the community. New Business Consent Agenda – Resolutions 2025-226 to 2025-230 and 2025-232 to 2025-237 Council President Delia moved to approve New Business Consent Agenda Resolutions 2025-226 to 2025-230 and 2025-232 to 2025-237, second by Councilmember Giamboi, with all in favor, motion carried, 6-0. RESOLUTION 2025-226 RESOLUTION AMENDING RESOLUTION 2024-72 AWARD OF CONTRACT FOR CONSTRUCTION MANAGER-EMERGENCY SERVICES CENTER WHEREAS, the Borough of Metuchen has a need to amend Resolution 2024-72 previously awarded for Engineering and Construction Management services for the Emergency Services Center and as an amendment to a contract previously awarded, fair and open process pursuant to the provisions of N.J.S.A. 19:44A-20.4; and WHEREAS, Requests for Qualifications were received on November 21, 2023 and reviewed by the Borough Administrator, Chief Financial Officer/QPA, and Borough Clerk; and WHEREAS, the anticipated term of this contract is for the duration of the Emergency Services Center project; and WHEREAS, the original agreement stipulated that the maximum amount of the contract shall not exceed three hundred thirty one thousand dollars and no cents ($ 331,000.00); and Borough Council Meeting September 8, 2025 WHEREAS, the Borough deemed it necessary to dedicate an additional thirty two thousand dollars and no cents ($32,000.00) for additional scope of services; and WHEREAS, the maximum amount of the contract is amended and shall not exceed three hundred sixty three thousand dollars and no cents ($363,000.00) and the Chief Financial Officer has certified that there are sufficient funds for such contract and are available and is designated from the Capital Bond Ordinance 2023-14 Account number C-04-55-942-002 for these services. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Metuchen, in the County of Middlesex, as follows: 1. The Mayor and Borough Clerk are hereby authorized and directed to increase the available funds for construction management services from the firm Colliers Project Leaders USA NE LLC, 135 New Road, Madison, CT 06443. 2. The within authorization and contract award is limited solely for the amendment for additional services in the amount not to thirty two thousand dollars and no cents ($32,000.00). 3. This contract is awarded as a fair and open "Professional Service" in accordance with N.J.S.A. 19:44A-20.5 4. Notice of this action shall be printed once in The Home News Tribune. RESOLUTION 2025-227 RESOLUTION AMENDING THE AWARD OF THE PROFESSIONAL ARCHITECTURAL SERVICES CONTRACT WITH H2M ARCHITECTS AND ENGINEERS FOR THE SCHEMATIC DESIGN PHASE AND AWARDING AND AUTHORIZING THE IMPLEMENTATION OF THE AMENDED DESIGN DEVELOPMENT/CONTRACT DOCUMENTS AND BIDDING/CONSTRUCTION ADMINISTRATION PHASES FOR THE EMERGENCY SERVICES/FIRE STATION PROJECT WHEREAS, the Borough of Metuchen has a need for professional architectural consultant services to assist the Borough with the Emergency Services/Fire Station Project; and WHEREAS, said services are of the nature of a professional service pursuant to N.J.S.A. 40A:11-5(1)(a)(i), and, therefore, a contract for the services may be negotiated and awarded by the Borough without public advertising for bids and bidding therefore; and WHEREAS, said services are of the type contemplated by the New Jersey Local Unit Pay- To-Play Law (NJS.A. 19:44A-20.4, et. seq.), and, therefore, a contract for the services may be awarded pursuant to a "fair and open" or "non-fair and open" process, both of which are defined in the law; and WHEREAS, H2M Architects & Engineers has provided the Borough with conceptual design and feasibility services for the Emergency Services/Fire Station Project to the Borough under the terms of a professional services agreement authorized by way of Resolutions No. 2021-175, 2021- 290, 2023-201 and 2024-258 and is intimately familiar with the Borough's operations and needs; and WHEREAS, H2M Architects & Engineers had submitted a proposal to the Borough, dated June 20, 2022, revised July 5, 2022, and re-revised July 13, 2022, to perform the following professional services in relation to the Emergency Services/Fire Station Project: (1) Schematic Design; (2) Design Development/Construction Documents; and (3) Bidding/Construction Administration services (“Proposal”) which was reviewed and evaluated by Special Project Director, Borough Administrator and Chief Financial Officer; and WHEREAS, in order to proceed with the Emergency Services/Fire Station Project, the Special Project Director, Borough Administrator and Chief Financial Officer recommended and the Mayor and Borough Council deemed it necessary to authorize and proceed with the award of a professional services agreement and authorization for H2M Architects & Engineers to provide Borough Council Meeting September 8, 2025 Schematic Design services, as indicated in its Proposal, at a cost not to exceed one hundred fifty-two thousand one hundred fifty dollars ($152,150.00); and WHEREAS, the Chief Financial Officer's Certification of Funds certified by way of resolution 2022-183 that there were sufficient funds for such contract and authorization contained therein and was available and was designated from Current Fund 2022 Adopted Budget, Administrative and Executive - Professional Services 2-01-20-701-028 in the amount of $52,150.00 and General Capital Fund\ Preliminary Costs-Architectural Schematic Preliminary Design Services for the Emergency Services/Fire Station Project, C-04-55-200-003 in the amount of $100,000 for these services; and WHEREAS, by way of Resolution 2022-183, the Council authorized an award of contract to H2M Architects for the Schematic Design services set forth in its Proposal and the Borough and H2M entered into a professional services agreement; and WHEREAS, due to the increase in the complexity and size of the Emergency Services/Fire Station Project, H2M Architects submitted to the Borough a revised proposal dated July 5, 2023 for the (1) Schematic Design; (2) Design Development/Construction Documents; and (3) Bidding/Construction Administration services (“Proposal”) which was reviewed and evaluated by Borough Administrator and Chief Financial Officer; and WHEREAS, the Borough Council had determined to amend Resolution 2022-183 and the contract award of exceed one hundred fifty-two thousand one hundred fifty dollars ($152,150.00) by an additional amount not to exceed thirteen thousand five hundred dollars ($13,500.00) for the Schematic Design Services and to authorize and award of the Design Development/Contract Documents Phase in an amount not to exceed five hundred four thousand two hundred fifty dollars ($504,250.00), and the Bidding/Construction Administration Phase in an amount not to exceed two hundred forty-two thousand six hundred dollars ($242,600.00) to H2M Architects to be funded from Bond Ordinance 2023-14 C-04-55-943-002; and WHEREAS, the Chief Financial Officer's Certification of Funds certified that adequate funds were available from Bond Ord 2023-14, appropriation C-04-55-943-001 in an amount not to exceed seven hundred sixty thousand three hundred fifty dollars and no cents ($760,350.00) for the within Resolution and the expenditures authorized herein: and WHEREAS, an additional increase was approved by way of Resolution 2024-258 in the amount of twenty six thousand one hundred fifty dollars and no cents ($26,150.00) for additional services required for the project to include landscape plans and renderings to include design, detail and planting schedule with site plan revisions as well as expanded progress meetings with the Borough; and WHEREAS, the Chief Financial Officer's Certification of Funds had certified that adequate funds are available from Bond Ord 2023-14, appropriation C-04-55-943-001 in an amount not to exceed the amended total authorization to H2M for the architectural services contract for the emergency services center of nine hundred thirty eight thousand six hundred fifty dollars and no cents ($938,650.00) for the within Resolution and the expenditures authorized herein. WHEREAS, due to the re-bidding of the project with changes to the project specifications and additional meetings, H2M has submitted to the Borough amending proposals dated June 11, 2025 and August 26, 2025 totaling twenty seven thousand four hundred fifty four dollars and no cents ($27,454.00) for these additional services which were evaluated by the Borough Administrator and Chief Financial Officer; and WHEREAS, the Chief Financial Officer certifies that adequate funds are available from Bond Ordinance 2023-14, appropriation C-04-55-943-002 in an amount not to exceed the amended total authorization to H2M for the architectural services contract for the emergency services center pf nine hundred sixty six thousand one hundred four dollars and no cents ($966,104.00) for the within Resolution and the expenditures authorized herein. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Metuchen as follows: 1. The Borough Council hereby amends the prior award and authorization to H2M Architects & Engineers of 119 Cherry Hill Road, Suite 110, Parsippany, NJ 07054, Borough Council Meeting September 8, 2025 twenty seven thousand four hundred fifty four dollars and no cents ($27,454.00) for additional services required for the project to include re-bidding of the project with changes to the project specifications and additional meetings as well as expanded progress meetings with the Borough. 2. The within authorization and contract award is limited solely for the amendment for additional services in the amount not to exceed twenty seven thousand four hundred fifty four dollars and no cents ($27,454.00). 3. Further authorization of the Mayor and Council by way of Resolution shall be required prior to H2M Architects & Engineers performing any additional services for the Schematic Design, Design Development/Construction Documents and Bidding/Construction Administration professional services contained in its amended proposal for the Emergency Services/Fire Station Project. 4. The Mayor is hereby authorized to execute and the Borough Clerk to attest an agreement and/or an amendment or any other necessary documentation between the Borough of Metuchen and H2M Architects & Engineers of 119 Cherry Hill Road, Suite 110, Parsippany, NJ 07054, reflecting a professional services contract consistent with the revised proposal submitted, and the terms and conditions of the within Resolution, acceptable in form to the Borough Administrator, and Mayor. 5. The foregoing contract is awarded in accordance with the Local Public Contracts Law and as the result of a required disclosure, formerly known as non-fair and open process. 6. A notice of this action shall be printed once in The Home News Tribune. RESOLUTION 2025-228 RESOLUTION AMENDING RESOLUTON 2025-187 AUTHORIZING THE AWARD OF CONTRACT FOR CONSULTANT SERVICES-V-COMM LLC- TELECOMMUNICATIONS ENGINEERING WHEREAS, by way of Resolution 2025-187, the Borough of Metuchen awarded a contract for the consultant services of a Communications Engineer for an assessment with recommendations for upgrade of existing UHF conventional radio system for the Borough’s public safety services to include Police, Fire Department and Emergency Management, using a non-fair and open, now known as required disclosure process pursuant to the provisions of N.J.S.A. 19:44A-20.5; and WHEREAS, the Chief Financial Officer/Qualified Purchasing Agent anticipates that the value of the services rendered will exceed $5,000; and WHEREAS, the anticipated term of this contract is for the completion of the project; and WHEREAS, V-COMM, LLC. has submitted a proposal dated August 25, 2025, for additional scope of services to do an inspection and structural report for the Metuchen Police Department Tower that was not included in the original scope of services for the Borough of Metuchen; and WHEREAS, V-COMM, LLC. has completed and submitted an Ownership Disclosure Certification and Political Contribution Disclosure Form which certifies that V-COMM, LLC. has not made any reportable contributions to a political or candidate committee in the Borough of Metuchen in the previous one year, and that the contract will prohibit V-COMM, LLC from making any reportable contributions through the term of the contract; and WHEREAS, the original awarded maximum amount of the contract was twenty two thousand two hundred dollars and no cents ($22,200.00) and the Chief Financial Officer had certified that there are sufficient funds for such contract and was available and designated from Capital Bond Ordinance 2023-14 Account number C-04-55-943-002 for these services; and Borough Council Meeting September 8, 2025 WHEREAS, the amended maximum amount of the contract is $32,090.00 and the Chief Financial Officer certifies that there are sufficient funds for such contract amendment in the amount of nine thousand eight hundred ninety dollars and no cents ($9,890.00) and is available and designated from Capital Bond Ordinance 2023-14 Account number C-04-55-943-002 for these services for a total maximum award in the amount of thirty two thousand ninety dollars and no cents ($32,090.00). NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Metuchen as follows: 1. The Mayor and Borough Clerk are hereby authorized and directed to amend the existing agreement with the V-COMM LLC, 5 Chestnut Street, Somers Point, NJ 08244. 2. The within authorization and contract award is limited solely for the amendment for additional services in the amount not to exceed nine thousand eight hundred ninety dollars and no cents ($9,890.00). 3. This contract is awarded as a required disclosure (non-fair and open) “Professional Service" in accordance with N.J.S.A. 19:44A-20.5. 4. The Ownership Disclosure Certification and Political Contribution Disclosure Form is on file with resolution 2025-187. 5. Notice of this action shall be printed once in The Home News Tribune. RESOLUTION 2025-229 RESOLUTION AUTHORIZING 1st EXTENSION OF CONTRACT FOR JANITORIAL SERVICES TO DIRTBUSTERS NJ LLC WHEREAS, the Borough of Metuchen issued a competitive contract bid notice for Janitorial services utilizing a fair and open process wherein sealed bids were received on June 18, 2024; and WHEREAS, pursuant to N.J.S.A. 11-4-3(a), by way of Resolution 2021-289, the Borough Council authorized the use of competitive contracting for the procurement of Janitorial Services for the Borough of Metuchen; and WHEREAS, by way of Resolution No. 2024-206, the Borough of Metuchen authorized an award of contract for Janitorial services to Dirtbusters NJ LLC for 2024 and 2025 for a twelve month contract in an amount not to exceed forty two thousand eight hundred sixty four dollars and no cents ($42,864.00); and WHEREAS, the contract between the Borough and Dirtbusters NJ LLC contained a term of one year and the Borough reserved the option to extend the term for two one (1) year periods pursuant to N.J.S.A. 40A:11-15; and WHEREAS, the Borough of Metuchen has determined that the janitorial services of Dirtbusters NJ LLC for the Borough were being performed in an effective and efficient manner and that the Borough wishes to extend the term of contract between the Borough of Metuchen and Dirtbusters NJ LLC for a first extension; and WHEREAS, the maximum amount for Janitorial Services for the Borough of Metuchen for the 2025 portion of this contract award is $ 17,860.00 and that the Chief Financial Officer certifies that there are sufficient funds for such award and is available and is designated from 2025 Adopted Budget Current Fund appropriation Buildings & Grounds-Contractual Services 5- 01-26-772-109 in the amount of $11,365.00, and Library-Building Maintenance 5-01-29-800-024 in the amount of $6,495.00. WHEREAS, the portion of this contract extension for the period of January through July of 2026 is subject to Borough Council’s inclusion of such funds in the 2026 Temporary and Approved Budgets. NOW, THEREFORE, BE IT RESOLVED by the Council of the Borough of Metuchen that it hereby authorizes the first extension of the competitive contract for Janitorial Services to Dirtbusters Borough Council Meeting September 8, 2025 NJ LLC for an amount not to exceed total amount not to exceed forty two thousand eight hundred sixty four dollars and no cents ($ 42,864.00). BE IT FURTHER RESOLVED by the Council of the Borough of Metuchen that the Mayor and Borough Clerk are hereby authorized and directed to execute an agreement or amendment to the existing agreement, if necessary, with Dirtbusters NJ, LLC, 75 Essex Avenue, Metuchen, NJ 08840 consistent with the terms of the within Resolution, the current agreement and the proposal submitted to the Borough; and BE IT FURTHER RESOLVED that the Borough Administrator, and other officials and employees are hereby authorized to take all necessary actions in order to effectuate the terms and provisions of this Resolution and the award and implementation of the contract awarded herein; and BE IT FURTHER RESOLVED, that the within contract was awarded pursuant to a “Fair and Open Process” pursuant to New Jersey Local Unit Pay-To-Play Law (N.J.S.A. 19:44A-20.4, et. seq.). RESOLUTION 2025-230 RESOLUTION AMENDING RESOLUTION 2025-63 AUTHORIZING AWARD OF A SOMERSET COUNTY COOPERATIVE PRICING CONTRACT FOR ORIGINAL EQUIPMENT MANUFACTURED PARTS AND REPAIRS, HEAVY DUTY VEHICLES OVER 14,500 GVW–AIR BRAKE & EQUIPMENT WHEREAS, by way of Resolution 2025-63, authorization for original equipment manufactured parts and repairs, for Public Works heavy duty fleet vehicles over 14,500 GVW was awarded 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 #2-SOCCP 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, Second Year of a Two-Year Contract pursuant to the provisions of NJSA 40A:11-11 (5); and WHEREAS, this award authorization does not include purchase of over the counter parts for heavy duty Public Works fleet vehicles unless it is during a repair with Air Brake & Equipment; 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 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 authorization to purchase under this award expires on November 25, 2025; and WHEREAS, the maximum amount of the purchase original equipment manufactured parts and repairs, for Public Works heavy duty fleet vehicles over 14,500 GVW previously awarded by Resolution 2025-63 for the Borough of Metuchen was in an amount not to exceed thirty thousand dollars and no cents ($30,000.00); and WHEREAS, the additional award for original equipment manufactured parts and repairs, for Public Works heavy duty fleet vehicles over 14,500 GVW is a maximum of six thousand dollars and no cents ($6,000.00) and that there are sufficient funds for such award as certified from the 2025 Adopted Budget, designated from Streets & Roads-Vehicle Maintenance & Repair, 5-01-26-765-025 for these services, for a grand total not to exceed thirty six thousand dollars and no cents ($36,000.00); and 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. WHEREAS, this procurement is awarded under N.J.S.A. 19:44A20.4 et seq. using a fair and open process to Air Brake & Equipment for equipment manufactured parts and repairs, for Public Works heavy duty fleet vehicles over 14,500 GVW 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: Borough Council Meeting September 8, 2025 The Chief Financial Officer and Borough Administrator are hereby authorized and directed to amend and forward a Purchase Order to Air Brake & Equipment, 225 Route 22 West, Hillside, NJ 07205 in an amount not to exceed thirty six thousand dollars and no cents ($36,000.00.) RESOLUTION 2025-231 RESOLUTION AUTHORIZING STATE CONTRACT PURCHASE FOR 2025 FORD F150 4WD SUPER CREW CAB PICKUP WITH 5.5’ BOX WHEREAS, there exists a need for one (1) 2025 Ford F150 4WD Super Crew Cab Pickup with 5.5’ Box for the Fire Department in the Borough of Metuchen, in the County of Middlesex, State of New Jersey; and WHEREAS, this can be purchased through State Contract, 24-FLEET-77712, # T-2099 Vehicles, Trucks, Pickup, Class 1, awarded May 22, 2024 through May 21, 2027; and WHEREAS, the awarded amount of the State Contract purchase for one (1) 2025 Ford F150 4WD Super Crew Cab Pickup with 5.5’ Box is forty five thousand forty dollars and forty cents $45,040.40; and WHEREAS, additional vehicle add-ons that are not covered by State Contract in the amount of $975.00 are included in the authorization cost of the 2025 Ford F150 4WD Super Crew Cab Pickup with 5.5’ Box for a maximum amount not to exceed forty-five thousand forty dollars and forty cents ($45,040.40); and WHEREAS, the Chief Financial Officer's Certification of Funds is made authorizing the award for one (1) 2025 Ford F150 4WD Super Crew Cab Pickup with 5.5’ Box from Capital Bond Ordinance 2025-12, C-04-55-945-010 in the amount of $3,650.40 and from Capital Bond Ordinance 2021-11, C- 04-55-937-007 in the amount of $41,390.00 , for a total authorization of forty-five thousand forty dollars and forty cents ($45,040.40); 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 WHEREAS, this procurement is awarded under N.J.S.A. 19:44A20.4 et seq. using a fair and open process to Ciocca FMFL INC. dba Ciocca Ford Lincoln of Flemington for a 2025 Ford F150 4WD Super Crew Cab Pickup with 5.5’ Box 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 Ciocca Ford Lincoln of Flemington 215 US Highway 202-31 South, Flemington, NJ 08822 in the amount not to exceed forty-five thousand forty dollars and forty cents ($45,040.40). RESOLUTION 2025-232 RESOLUTION AUTHORIZING A STATE CONTRACT AWARD FOR TURNOUT GEAR WHEREAS, there exists a need for the purchase of turnout gear for the Fire Department of the Borough of Metuchen, in the County of Middlesex, State of New Jersey; and WHEREAS, this can be purchased through State Contract # T0790 Firefighter Protective Clothing and Equipment Contract17-FLEET-00833 awarded to Innotex Corp. and 17-FLEET-00810 to Morning Pride Manufacturing LLC dba Honeywell First Responder Products; and Borough Council Meeting September 8, 2025 WHEREAS, Skylands Area Fire & Equipment Training LLC is named as a contract vendor distributor for state contract 17-FLEET-00833 and 17- FLEET-00810 awards; and WHEREAS said contract T0790 was initially awarded on June 15, 2019 to July 14, 2022 with annual extensions, with contract amendment #7 authorizing the 4th contract extension from June 15, 2025 to June 14, 2026; and WHEREAS, the amount of the contract award is twenty nine thousand five hundred ninety two dollars and thirty six cents ($29,592.36), of which two thousand nine hundred dollars and no cents ($2,900.00) is not included in the state contract award; and WHEREAS, the Chief Financial Officer's Certification of Funds is made authorizing the award for purchase of turnout gear in the amount of $29,592.36 from Capital Bond Ordinance 2025-12, C-04- 55-945-010; 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 Skylands Fire Equipment & Training LLC dba SAFE-T for turnout gear 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 Skylands Fire Equipment & Training LLC dba SAFE-T, 23 Hamburg Turnpike, Unit A, Riverdale, NJ 07457 in an amount not to exceed twenty nine thousand five hundred ninety two dollars and thirty six cents ($29,592.36). RESOLUTION 2025-233 RESOLUTION AUTHORIZING COOPERATIVE 88-NJWWCPS NORTH JERSEY WASTEWATER COOPERATIVE PRICING SYSTEM CONTRACT FOR VARIOUS MANUFACTURER PUMPS AND MOTORS REPAIR AND REPLACEMENT AND INSTALLATION WHEREAS, there exists a need for various pump and motor repair, replacement and installation for the Borough of Metuchen, County of Middlesex, State of New Jersey; and WHEREAS, various manufacturer pumps and motor repair, replacement and installation have been awarded through NJWCPS Contract No. B454-8 Various Manufacturers Pumps and Motors Repair and Replacement and Installation; and WHEREAS, the term of the contract is from August 1, 2025 through July 31, 2026; and WHEREAS, the authorization for purchases under this award expires on December 31, 2025; and WHEREAS, authorizations for purchases awarded by way of Resolution 2025-79 are hereby rescinded as Contract B414-17 through NJWCPS, due to the contract expiration; and WHEREAS, the Chief Financial Officer’s certification of funds is made authorizing the award for various manufacturer pumps and motor repair and replacement and installation in an amount not to exceed twenty thousand dollars and no cents ($20,000.00) from the 2025 Adopted Budget appropriation line-item Sewers-Equipment Maintenance & Repair 5-01-26-773-026; and WHEREAS, purchase of goods and services is permitted through cooperative purchasing in accordance with 40A:11-11 of the Local Public Contracts Law and N.J.A.C 5:34-1 et seq; and Borough Council Meeting September 8, 2025 WHEREAS, NJWCPS shall be responsible for complying with the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) and all other provisions of the revised statutes; and WHEREAS, this procurement is awarded under N.J.S.A. 19:44A20.4 et seq. using a fair and open process to Pumping Services, Inc. for various manufacturer pumps and motor repair and replacement and installation for the Borough of Metuchen. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Metuchen, in the County of Middlesex as follows: The Chief Financial Officer and Borough Administrator are hereby authorized and directed to approve and forward a purchase order to Pumping Services, Inc., 201 Lincoln Boulevard, New Jersey, 08846, in the amount not to exceed twenty thousand dollars and no cents ($20,000.00). RESOLUTION 2025-234 RESOLUTION TO REFUND ESCROW BALANCE – 18-1171 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 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 18-1171 I $891.25 Fox & Foxx Development, LLC RESOLUTION 2025-235 RESOLUTION TO REFUND ESCROW BALANCE – 20-1259 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 20-1259 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: Borough Council Meeting September 8, 2025 ESCROW AMOUNT DEPOSITOR ACCOUNT 20-1259 E 791.12 Fox & Foxx Development, LLC 20-1259 E* 8.43 Fox & Foxx Development, LLC RESOLUTION 2025-236 RESOLUTION TO REFUND ESCROW BALANCE - 20-1259 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 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 20-1259 I $1,000.00 Fox and Foxx Development, LLC RESOLUTION 2025-237 RESOLUTION AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING AND APPOINTING CHA PARTNERS, LLC AS CONDITIONAL REDEVELOPER FOR BLOCK 145, LOT 78 WHEREAS, the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq., as amended and supplemented (“Redevelopment Law”), provides a process for municipalities to participate in the redevelopment and improvement of areas in need of rehabilitation or redevelopment; and WHEREAS, pursuant to the Redevelopment Law, via Resolution No. 2020-46, adopted on January 13, 2020, the Mayor and Borough Council of the Borough of Metuchen (“Borough”) designated Block 183.02, Lots 1, 2, 3, 4, portion of 5.01, 5.02, 6, 7, 8, 31 and 32 as a "Condemnation Area in Need of Redevelopment" (“Original Arts District Redevelopment Area”); and WHEREAS, the Borough Council, pursuant to Resolution No. 2020-50, designated the entire Borough of Metuchen, County of Middlesex (the “Rehabilitation Area”), including Block 145, Lots 2, 6, 9, 13.01, 17.01, 18.02, 18.03, 21, 23, 27, 34, 38, 42.01, 42.03, 50.05, 78, 85-94; Block 183.02, Lots 8.01, 9, 10, 11, 12, 13, 14, 15, 16, 17.01 (“Arts District Rehabilitation Area”) as an "Area in Need of Rehabilitation" pursuant to N.J.S.A. 40A:12A-1 et al; and WHEREAS, collectively, in order to rehabilitate the old Forum Theatre, located at 312-316 Main Street (Block 183.02, Lots 1-4, 31 and 32) (“Forum Theater”) and its surrounding area, the Borough adopted a redevelopment plan entitled “Expanded Metuchen Arts District Redevelopment Plan, Block 183.02, Lots 1-4, portion of 5.01, 5.02, 6-8, 31-32; and, Block 145, Lots 2, 6, 9, 13.01, 17.01, 18.02, 18.03, 21, 23, 27, 34, 38, 42.01, 42.03, 50.05, 78, 85-94, Borough of Metuchen, Middlesex County, New Jersey” prepared by LRK, Inc. (the “Original Arts District Redevelopment Plan”) on June 16, 2023 by way of Ordinance 2023-16, and Borough Council Meeting September 8, 2025 WHEREAS, the Borough, pursuant to N.J.S.A. 40A:12A-1, et seq., via Resolution No. #2024-193, adopted on June 24, 2024, by the Borough Council, designated Block 145, Lot 78 as a “Non-Condemnation Redevelopment Area” (collectively, Block 145, Lot 78, with the Original Arts District Redevelopment Area and the Arts District Rehabilitation Area, is known as the “Expanded Arts District Area”); and WHEREAS, on September 23, 2024, the Borough and DEVCO entered into a Memorandum of Understanding, which authorized the parties to engage in additional planning and negotiations regarding the redevelopment of the Expanded Arts District Area and designated DEVCO as the redeveloper of the Forum Theatre (Block 183.02, Lots 1-4, 31 & 32) within the Arts District Area (“DEVCO MOU”); and WHEREAS, the Borough Council determined that additional amendments to the Original Arts District Redevelopment Plan and prepared an amended redevelopment plan entitled “Metuchen Arts District Redevelopment Plan Amended Through April 2025,” prepared by LRK, Inc., dated April 25, 2025 (“Amended Arts District Redevelopment Plan”), adopted on May 12, 2025 by way of Ordinance 2025-10; and WHEREAS, the Amended Arts District Redevelopment Plan envisions the preservation, revitalization, re-purposing and reuse of properties within the Arts District into “an inclusive place of arts, culture and history,” which is anchored around reopening the Forum Theatre for a wide range of events; and WHEREAS, as part of the planning process undertaken pursuant to the DEVCO MOU, DEVCO has recommended the redevelopment of the Halsey Street Lot, Block 145, Lot 78, to help support the overall redevelopment of the Expanded Arts District Area and the reactivation of the Forum Theater, and has recommended the designation of CHA Partners, LLC, as the redeveloper of the Halsey Street Lot; and WHEREAS, the Redevelopment Law, N.J.S.A. 40A:12A-8(f), authorizes the Borough to arrange or contract with redevelopers for the planning, replanning, construction, or undertaking of any project or redevelopment work, or any part thereof, to carry out and effectuate the purposes of the Redevelopment Law and the terms of a redevelopment plan; and WHEREAS, based upon the recommendations of DEVCO, the Borough has begun discussions with CHA Partners, LLC (“Conditional Redeveloper”) regarding redevelopment of the Halsey Street Lot, Block 145, Lot 78 (“Project Site”), and the Borough has determined that it is in the best interests of the Borough to enter into a memorandum of understanding (“MOU”) with Conditional Redeveloper regarding redevelopment and rehabilitation of the Project Site in accordance with the requirements of the Amended Arts District Redevelopment Plan, and any amendments thereto, or any future redevelopment plan, and the recommendations of DEVCO; and WHEREAS, the Borough therefore desires to designate CHA Partners, LLC, as Conditional Redeveloper of the Project Site in order to negotiate exclusively with Conditional Redeveloper for a period of ninety (90) days in an effort to agree upon a Redevelopment Agreement for the rehabilitation and redevelopment of the Project Site; and WHEREAS, the Borough and Conditional Redeveloper desire to memorialize, in writing, their agreement under a Memorandum of Understanding that evidences the Parties’ statement of intent. NOW, THEREFORE, BE IT RESOLVED, that CHA Partners, LLC is hereby designated as Conditional Redeveloper for Block 145, Lot 78 for a period of ninety (90) days and the Mayor and Borough Clerk are hereby authorized to execute a Memorandum of Understanding between the Borough and Redeveloper evidencing the Parties’ agreement to conduct exclusive negotiations toward the formulation of a Redevelopment Agreement for the rehabilitation and redevelopment of the Project Site. BE IT FURTHER RESOLVED that this Resolution shall take effect immediately upon adoption. Borough Council Meeting September 8, 2025 Council President Delia made a motion to approve Resolution 2025-231, second by Councilmember Giamboi. Council President Delia abstained from voting. With all others in favor, motion carried, 5-0. RESOLUTION 2025-231 RESOLUTION AUTHORIZING STATE CONTRACT PURCHASE FOR 2025 FORD F150 4WD SUPER CREW CAB PICKUP WITH 5.5’ BOX WHEREAS, there exists a need for one (1) 2025 Ford F150 4WD Super Crew Cab Pickup with 5.5’ Box for the Fire Department in the Borough of Metuchen, in the County of Middlesex, State of New Jersey; and WHEREAS, this can be purchased through State Contract, 24-FLEET-77712, # T-2099 Vehicles, Trucks, Pickup, Class 1, awarded May 22, 2024 through May 21, 2027; and WHEREAS, the awarded amount of the State Contract purchase for one (1) 2025 Ford F150 4WD Super Crew Cab Pickup with 5.5’ Box is forty five thousand forty dollars and forty cents $45,040.40; and WHEREAS, additional vehicle add-ons that are not covered by State Contract in the amount of $975.00 are included in the authorization cost of the 2025 Ford F150 4WD Super Crew Cab Pickup with 5.5’ Box for a maximum amount not to exceed forty-five thousand forty dollars and forty cents ($45,040.40); and WHEREAS, the Chief Financial Officer's Certification of Funds is made authorizing the award for one (1) 2025 Ford F150 4WD Super Crew Cab Pickup with 5.5’ Box from Capital Bond Ordinance 2025-12, C-04-55-945-010 in the amount of $3,650.40 and from Capital Bond Ordinance 2021-11, C- 04-55-937-007 in the amount of $41,390.00 , for a total authorization of forty-five thousand forty dollars and forty cents ($45,040.40); 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 WHEREAS, this procurement is awarded under N.J.S.A. 19:44A20.4 et seq. using a fair and open process to Ciocca FMFL INC. dba Ciocca Ford Lincoln of Flemington for a 2025 Ford F150 4WD Super Crew Cab Pickup with 5.5’ Box 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 Ciocca Ford Lincoln of Flemington 215 US Highway 202-31 South, Flemington, NJ 08822 in the amount not to exceed forty-five thousand forty dollars and forty cents ($45,040.40). Other New Business Council President Delia made a motion to approve Resolution 2025-238, authorizing payment of the bill list in the amount of $295,336.07, second by Councilmember Giamboi, with all in favor, motion carried, 6-0. RESOLUTION 2025-238 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 $295,336.07. Borough Council Meeting September 8, 2025 Appointment Mayor Busch recommended the appointment of Peter Fairclogh to the Peter J. Barnes Wildlife Preserve Commission an Alternate Member for the term expiring December 31, 2029. Council President Delia made a motion to approve the appointment, second by Councilmember Giamboi, with all in favor, motion carried, 6-0. 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 8:06 p.m. Respectfully Submitted, Deborah Zupan, RMC, Borough Clerk