2/6/2012 - Spotswood Borough

BOROUGH OF SPOTSWOOD
77 Summerhill Road
Spotswood, New Jersey
Regular Meeting
February 6, 2012
The regular meeting of the Borough Council of the Borough of Spotswood was called to order by Council President
Stollen at the Spotswood Municipal Building, 77 Summerhill Road, Spotswood, NJ.
ATTENDANCE
The Clerk called the roll:
Councilman Seely
Councilwoman Drozd
Councilman Poliseno
Councilman LoSacco
Council President Stollen
Present
Present
Present
Present
Present
Also present were Borough Attorney Patrick Diegnan, Bruce Koch, CME,
Administrator Ron Fasanello was absent.
Mayor Barlow and
Business
NOTICE
The notice requirements provided for in the “Open Public Meetings Act” have been satisfied. Notice of this meeting
was properly given in the new schedule of meetings of the Spotswood Borough Council of January 2, 2012.
The new schedule was transmitted to The Home News Tribune and Sentinel. It was filed with the Clerk of the
Borough of Spotswood and posted in Spotswood Municipal Building, 77 Summerhill Road, Spotswood, NJ.
RESOLUTIONS UNDER CONSENT AGENDA
Copies of the resolutions under consent agenda are available for perusal only on the table. Anyone desiring a copy
may contact the Clerk after the meeting.
RES: 2012-24
RESOLUTION
WHEREAS, Big “A”, Spotswood, Boyce’s Towing, Monroe Township, Circle Collision Center, Old
Bridge, Giancola Brothers, Inc., Cranbury Rd., East Brunswick, First Due Towing & Recovery, Inc., Monroe
Township, Fred’s Towing, South River,
Monroe Auto Body, Monroe Township, Mendola’s Towing, Inc.,
Spotswood, Giancola’s Auto Body Repairs, Main St., East Brunswick,
Riporti’s Auto/Used Cars, Old Bridge,
George Logan Towing, Inc., North Brunswick, Tarantino Bros., Monroe have made application for a wrecker’s
license; and
WHEREAS, the vehicles have been inspected by the Spotswood Police Department and approved by the
Chief of Police.
NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Spotswood that
the above wrecker licenses are hereby granted for the year 2011.
DATED: February 6, 2012
CURTIS STOLLEN
Council President
ATTEST:
PATRICIA DeSTEFANO
Municipal Clerk
RES: 2012-25
BOROUGH OF SPOTSWOOD
COUNTY OF MIDDLESEX
RESOLUTION AUTHORIZING
A TAX REFUND
WHEREAS, the Borough of Spotswood received payment from Evans Robinson on December 02, 2011
for 4th Quarter 2011 in the amount of $144.43 for property located at 49 Maiden Lane, Spotswood, NJ otherwise
known as Block 9.4 Lot 7 and assessed to Evans Robinson; and said payment created an overpayment in the amount
of $24.37 on this property; and
WHEREAS, The Tax Collector, Ms. Barbara Petren through the regular course of business has decided to
refund the homeowner Evans Robinson the sum of $24.37 which is in excess of the $189.088 taxes due on this
property for 2011.
NOW THEREFORE BE IT RESOLVED, by the Borough Council of the Borough of Spotswood,
County of Middlesex that the aforementioned overpayment of $24.37 is refunded to Evans Robinson whose mailing
address is 49 Maiden Lane, Spotswood, NJ 08884.
_______________________________
CURTIS STOLLEN
COUNCIL PRESIDENT
DATED: February 6, 2011
ATTEST:
________________________________
PATRICIA DESTEFANO
MUNICIPAL CLERK
AS CHIEF FINANCIAL OFFICER OF THE BOROUGH OF SPOTSWOOD, I HEREBY CERTIFY THAT
FUNDS FOR THIS RESOLUTION ARE AVAILABLE FROM 2010 TAX OVERPAYMENTS.
___________________________
BARBARA PETREN
Chief Financial Officer
RES: 2012-26
RESOLUTION
BE IT RESOLVED by the Borough Council of the Borough of Spotswood, County of Middlesex, State of
New Jersey that the appropriate officials of the Borough of Spotswood are hereby authorized and directed to accept
and sign the 2012 Municipal Alliance Agreement.
BE IT FURTHER RESOLVED, that the Borough of Spotswood does accept the funds in the amount of
$9,099 from the County of Middlesex to the Borough of Spotswood to be used for municipal alliance activities.
DATED: February 6, 2012
____________________
CURTIS STOLLEN
COUNCIL PRESIDENT
ATTEST:
____________________________
PATRICIA DeSTEFANO, RMC
MUNICIPAL CLERK
RES: 2012-27
BOROUGH OF SPOTSWOOD
COUNTY OF MIDDLESEX
APPROPRIATION RESERVE TRANSFERS WITHIN
THE 2011 BUDGET DURING THE FIRST
THREE MONTHS OF THE FOLLOWING YEAR
WHEREAS, N.J.S.A. 40A 4-59 provides for municipalities to transfer within the appropriation reserves
of the preceding budget during the first three months of the fiscal year; and
WHEREAS, it is necessary to transfer the following funds within the 2011 Appropriation Reserve Budget
providing for appropriations to fulfill the obligations chargeable to the 2011 Budget; and
WHEREAS, the transfer is adopted by not less than 2/3 vote of full membership of the governing body of
the Borough of Spotswood.
NOW, THEREFORE, BE IT RESOLVED that the Borough Council of the Borough of Spotswood,
County of Middlesex, State of New Jersey that the Chief Financial Officer is hereby authorized in accordance with
N.J.S.A. 40A:4-59 to make the following appropriation reserve transfers within the 2011 Budget for the Borough of
Spotswood.
BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Chief
Financial
Officer
and
the
Municipal
Auditor
of
the
Borough
of
Spotswood.
CURRENT FUND
FROM:
Police Operations
Salary & Wages
$3,500.00
TOTAL:
$3,500.00
TO:
Department of Law
Office of Director, Legal
$3,500.00
TOTAL:
$3,500.00
________________________
CURT STOLLEN
COUNCIL PRESIDENT
DATED:
February 6, 2012
ATTEST:
_______________________________
PATRICIA DeSTEFANO, RMC
MUNICIPAL CLERK
RES. 2012-28
RESOLUTION
WHEREAS, there exists a need for an attorney to perform legal services for the Borough of Spotswood
regarding the Kaplan at Helmetta, LLC and their application to convert its age-restricted housing project on the
Helmetta Mill properties to a non age-restricted housing project to construct 200 residential units of which will
consist of 90 one (1) bedroom and 110 two (2) bedrooms; and
WHEREAS, resolution 2012-28 amends resolution 2011-100 due to further representation needed for the
aforementioned Helmetta project ongoing; and
WHEREAS, the Chief Financial Officer of the Borough of Spotswood has provided a certification in
writing as to the availability of adequate funds for the awarding of the contract described herein:
NOW, THEREFORE, BE IT HEREBY RESOLVED by the governing body of the Borough of
Spotswood as follows:
That James Kinneally, Esq ., is hereby authorized to perform legal services for the Borough of
Spotswood for the aforesaid application, Kaplan at Helmetta, LLC, for a cost not to exceed $12,000.
This contract is awarded without competitive bidding as a professional service contract under the
provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-5 (1) (1) since this contract is for
services performed by a person authorized by law to practice a recognized profession and it was not
possible to obtain competitive bidding.
A copy of this Resolution shall be published in the official newspaper of the Borough of Spotswood
within ten (10) days of its passage.
Dated: February 6, 2012
___________________________
CURTIS STOLLEN
COUNCIL PRESIDENT
ATTEST:
__________________________
PATRICIA DeSTEFANO, RMC
MUNICIPAL CLERK
AS CHIEF FINANCIAL OFFICER OF THE BOROUGH OF SPOTSWOOD, I CERTIFY
THAT FUNDS FOR THIS RESOLUTION ARE IN LEGAL OE 2012.
______________________________
BARBARA PETREN
CHIEF FINANCIAL OFFICER
Councilman Seely made a motion to adopt the Resolutions on the Consent Agenda, seconded by Councilman
LoSacco.
The Clerk called the roll:
Councilman Seely
Councilwoman Drozd
Councilman Poliseno
Councilman LoSacco
Council President Stollen
RESOLUTION AUTHORIZING
2012-29 – Payment of Bills.
yes
yes
yes
yes
yes and the resolutions under the consent agenda were adopted.
Councilman LoSacco made a motion to accept the resolution authorizing, seconded by Councilman Seely.
The Clerk Called the Roll:
Councilman Seely
Councilwoman Drozd
Councilman Poliseno
Councilman LoSacco
Council President Stollen
yes
yes
Abstain
yes
yes and the resolution authorizing payment of bills 2012-29 was adopted.
PROCLAMATIONS
PROCLAMATION
IN RECOGNITION OF OUTSTANDING SERVICE
WHEREAS, BRIAN KEENAN was hired as a full time police officer for the Borough of Spotswood on
January 19, 1987 and prior to his full time hiring, BRIAN KEENAN served the Borough of Spotswood Police
Department for three years as an auxiliary Police Officer and also as a member of the Spotswood Fire Department;
and
WHEREAS, during BRIAN KEENAN’S twenty-five years of dedicated service to the Borough, BRIAN
KEENAN was promoted to Sergeant on July 15, 2002 and assigned to the Midnight Shift as the patrol supervisor;
and
WHEREAS, BRIAN KEENAN throughout those years has been awarded medals including a Gallantry
Star, Four Lifesaving Awards and Two Meritorious Awards; and
WHEREAS, BRIAN KEENAN is a Life Member of the Spotswood Volunteer Fire Department and a
member of the New Jersey Police Officer Honor Legion; and
WHEREAS, BRIAN KEENAN was recognized by the Middlesex County Board of Chosen Freeholders
for his response and assistance at Ground Zero on September 11, 2001.
NOW, THEREFORE, I, Thomas W. Barlow, Mayor of the Borough of Spotswood, and on behalf of the
Borough Council and all of our residents, take this opportunity to extend our sincere appreciation to BRIAN
KEENAN for the many years of dedicated service he rendered to our fine Borough. Further, we wish him much
health and happiness in his retirement and all of his future endeavors.
DATED: February 6, 2012
THOMAS W. BARLOW
MAYOR
ATTEST:
PATRICIA DESTEFANO, RMC
MUNICIPAL CLERK
PROCLAMATION
IN RECOGNITION OF DEDICATED AND FAITHFUL SERVICE
WHEREAS, CHRISTOPHER BIERMAN was hired as a full time Police Officer for the Borough of
Spotswood on January 19, 1987 and was assigned to Patrolman; and
WHEREAS, CHRISTOPHER BIERMAN was assigned to D.A.R.E. and on June 18, 2001 was promoted
to Sergeant. In 2004, he was assigned to the newly formed Administrative Sergeant position which entailed
Administrative duties, School Resource duties and Community Relation duties; and
WHEREAS, CHRISTOPHER BIERMAN throughout his twenty-five years of service to the Borough of
Spotswood has been awarded medals, one for Meritorious Award and two for Lifesaving; and
WHEREAS, CHRISTOPHER BIERMAN is a Life Member of the Spotswood PTA; and
WHEREAS, CHRISTOPHER BIERMAN, during his community relations duties implemented programs
such as: National Night Out, the D.W.I. Crash, Fatal Vision, the Junior and Senior Police Academies, Guns,
Drugs and Gangs, School Resource Program, and School related Security Programs; and
WHEREAS, CHRISTOPHER BIERMAN was recognized for his hard work and community relation
programs by numerous entities including the Middlesex County Chamber of Commerce, Middlesex County Board
of Chosen Freeholders, MADD, Spotswood Board of Education D.A.R.E. New Jersey and Spotswood School
Officials.
NOW, THEREFORE, I, Thomas W. Barlow, Mayor of the Borough of Spotswood, and on behalf of the
Borough Council and all of our residents, take this opportunity to extend our sincere appreciation to
CHRISTOPHER BIERMAN for the many years of dedicated service he rendered to our fine Borough. Further, we
wish him much health and happiness in his retirement and all of his future endeavors.
NOW, BE IT FURTHER RECOGNIZED, that your dedicated interest and devotion to duty have had a
valuable impact on the efficiency and morale of the Spotswood Police Department, and we wish to extend to you
our sincere appreciation for your outstanding performance of duty.
DATED: February 6, 2012
THOMAS W. BARLOW
MAYOR
ATTEST:
PATRICIA DESTEFANO, RMC
MUNICIPAL CLERK
OPEN TO THE PUBLIC
Councilwoman Drozd made a motion to open the meeting to the public, seconded by Councilman Poliseno.
The Clerk called the roll:
Councilman Seely
Councilwoman Drozd
Councilman Poliseno
Councilman LoSacco
Council President Stollen
yes
yes
yes
yes
yes and the meeting was opened to the public.
There being no questions in open portion a motion was made by Councilman LoSacco to close the open portion,
seconded by Councilwoman Drozd.
The Clerk called the roll which was unanimous, and the open portion was closed.
CLOSED SESSION
The Clerk read the following closed session resolution:
02-06-12
RESOLUTION
WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231 P.L. 1975 permits the exclusion of
the public from a meeting in certain circumstances; and
WHEREAS, this public body is of the opinion that such circumstances presently exist.
NOW, THEREFORE, BE IT RESOLVED by the Borough of Spotswood, County of Middlesex, State of
New Jersey, as follows:
1.
The public shall be excluded from discussion of any action upon the
hereinafter specified subject matters.
2.
The general nature of the subject matter to be discussed is as follows:
Personnel
3.
It is anticipated at this time that the above-stated subject matter shall be
made public
When confidentiality is no longer required.
4.
This resolution shall take effect immediately.
DATED: February 6, 2012
PATRICIA DeSTEFANO
Municipal Clerk
Councilman Seely made a motion to accept the closed session resolution, seconded by Councilman LoSacco.
The Clerk called the roll:
Councilman Seely
Councilwoman Drozd
Councilman Poliseno
Councilman LoSacco
Council President Stollen
yes
yes
yes
yes
yes and the closed session resolution was adopted.
There being no further business in closed session a motion was made to closed the closed and reopen the public
portion of the meeting by Councilwoman Drozd, seconded by Councilman Poliseno.
The Clerk called the roll which was unanimous and the meeting was reopened.
There being no further business before council, Councilman Poliseno made a motion to close the public portion and
adjourn, seconded by Councilwoman Drozd.
The Clerk called the roll:
Councilman Seely
Councilwoman Drozd
Councilman Poliseno
Councilman LoSacco
Council President Stollen
yes
yes
yes
yes
yes and the meeting was adjourned.
DATED: February 6, 2012
PATRICIA DESTEFANO, RMC
Municipal Clerk
ATTEST:
CURTIS STOLLEN
Council President