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
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