Minutes - Borough of South River

REGULAR MEETING
MAYOR AND BOROUGH COUNCIL
MEETING NO. 12
PAGE NO. 1
May 27, 2014
ADEQUATE NOTICE OF THIS MEETING HAS BEEN PROVIDED AS IS REQUIRED BY
CHAPTER 231, PUBLIC LAW 1975 AND BY RESOLUTION 2014-18 WITH THE REQUEST
OF THE HOME NEWS TRIBUNE AND THE SENTINEL NEWSPAPERS TO PUBLISH SAME
AND THIS ANNOUNCEMENT MUST BE ENTERED INTO THE MINUTES OF THIS
MEETING
A Regular Meeting of the Mayor and Council of the Borough of South River, in the County
of Middlesex and the State of New Jersey was held May 27, 2014 and was called to order by Mayor
Krenzel at 8:00 PM in the Council Chamber of the Criminal Justice Building at 61 Main Street in
South River, New Jersey with the following Councilmembers in attendance:
Councilmembers Guindi, Hutchison, Trenga, Roselli
Councilmembers Hausserman and Jones were absent.
Also attending this meeting were Eric Lange, Esq., (for James Nolan Esq., Borough
Attorney), and Frederick Carr, Borough Administrator.
MINUTES
The Minutes of Meeting No. 11 held May 12, 2014 was submitted to the Council for
acceptance and/or amendment.
Councilman Guindi moved that the Minutes be approved as presented. Councilman Roselli
seconded the motion.
ROLL CALL VOTE
YEAS:
Guindi, Hutchison, Trenga, Roselli
NAYS:
None
ABSENT:
Haussermann, Jones
ORDINANCES – SECOND READING & PUBLIC HEARING
Ord. 2014-11
AN ORDINANCE TO AMEND CHAPTER 310 – TAXICABS AND LIMOUSINES
WHEREAS, the governing body has established an ordinance that regulates taxicabs and limousines
operated within the Borough of South River; and
WHEREAS, the governing body would like to amend its existing ordinance pertaining to
enforcement of the taxicab and limousine ordinance;
NOW, THEREFORE BE IT ORDAINED AND ENACTED, by the Mayor and Borough
Council of the Borough of South River, that Chapter 310 be amended as follows:
REGULAR MEETING
MAYOR AND BOROUGH COUNCIL
MEETING NO. 12
PAGE NO. 2
SECTION I.
May 27, 2014
AMENDMENTS:
310-4
This paragraph shall be deleted and replaced with the following: “Any taxicab
which is operated anywhere within this Borough that is not licensed in another jurisdiction must
possess a valid taxicab owner’s license. A taxicab owner's license shall entitle the taxicab therein
described to be operated anywhere within this Borough by a driver duly licensed hereunder, until such
license either expires or is surrendered, suspended or revoked, and shall not be transferable. The
number of taxicab owner’s licenses shall not exceed 25. However, nothing herein shall prevent the
Municipal Council from increasing or decreasing, by resolution, the number of licenses should the
public convenience and necessity so require. The number of taxicab owner’s licenses issued to and held
by any single taxicab company and/or owner shall not exceed 15. No individual, corporation,
partnership or other business entity shall have an ownership interest or share in more than one taxicab
business.”
310-38 This paragraph shall be deleted and replaced with the following: “This article shall be
enforced by the Police Department of the Borough of South River. Violations of this article that occur
upon private property may be enforced by either the Police Department of the Borough of South River
or the Code Enforcement Officer of the Borough of South River.”
SECTION II. The various parts, sections, clauses of this Ordinance are hereby declared to be
severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by
a court of competent jurisdiction, the remainder of the Ordinance shall not be affected thereby.
SECTION III. Any ordinances and parts thereof in conflict with the provisions of this Ordinance are
hereby repealed to the extent of such conflict.
SECTION IV. This Ordinance shall take effect upon final adoption and publication as may be
required by law.
Mayor Krenzel opened the hearing to the public for comments/questions.
No comments were made. Councilman Roselli moved that the public hearing be closed.
Councilman Guindi seconded the motion. So carried.
Mayor Krenzel asked the Councilmembers as to the action to be taken on this Ordinance.
Councilman Roselli moved that the ordinance be approved and the Clerk be authorized to publish
same as is required by law. Councilman Guindi seconded the motion.
ROLL CALL VOTE
YEAS:
Guindi, Hutchison, Trenga, Roselli
NAYS:
None
ABSENT:
Haussermann, Jones
REGULAR MEETING
MAYOR AND BOROUGH COUNCIL
MEETING NO. 12
PAGE NO. 3
May 27, 2014
Ord. 2014-13
BOND ORDINANCE AMENDING BOND ORDINANCE NUMBER 2008-19
FINALLY ADOPTED BY THE BOROUGH COUNCIL OF THE BOROUGH OF
SOUTH RIVER, IN THE COUNTY OF MIDDLESEX, STATE OF NEW JERSEY
ON APRIL 28, 2008, AS AMENDED AND SUPPLEMENTED, TO INCREASE
THE APPROPRIATION THEREIN BY $800,000 AND TO INCREASE THE
AUTHORIZATION OF BONDS OR NOTES THEREIN BY $760,000 TO
FINANCE PART OF THE ADDITIONAL COSTS THEREOF
BE IT ORDAINED AND ENACTED BY THE BOROUGH COUNCIL OF THE BOROUGH OF
SOUTH RIVER, IN THE COUNTY OF MIDDLESEX, STATE OF NEW JERSEY (not less than
two-thirds of all members thereof affirmatively concurring), AS FOLLOWS:
SECTION 1.
The bond ordinance of the Borough of South River, in the County of
Middlesex, State of New Jersey (the "Borough") heretofore finally adopted by the Borough Council on
April 28, 2008, numbered 2008-19 and entitled, “BOND ORDINANCE PROVIDING FOR THE
PLANNING, SITE ACQUISITION, AND CONSTRUCTION OF MUNICIPAL FACILITIES, AND
APPROPRIATING $4,500,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF
$4,275,000 BONDS AND NOTES TO FINANCE A PORTION OF THE COSTS THEREOF, AND
CANCELING THE UNFUNDED DEBT AUTHORIZED IN BOND ORDINANCE NO. 2003-22
ADOPTED ON JULY 21, 2003, AS AMENDED BY BOND ORDINANCE NO. 2006-11
ADOPTED ON MAY 15, 2006, AS AMENDED BY BOND ORDINANCE 2007-13 ADOPTED ON
JUNE 11, 2007, IN THE AMOUNT OF $4,926,000 AUTHORIZED IN AND BY THE BOROUGH
OF SOUTH RIVER, IN THE COUNTY OF MIDDLESEX, NEW JERSEY,” as amended and
supplemented by Bond Ordinance Number 2011-20 finally adopted on June 13, 2011, Bond Ordinance
Number 2013-14 finally adopted on August 26, 2013 and Bond Ordinance Number 2014-8 finally
adopted on March 24, 2014 (collectively the “Original Ordinance”), is hereby amended and
supplemented to the extent and with the effect as follows:
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May 27, 2014
SECTION 2. For the improvement or purpose described in Section 5 of the Original
Ordinance there is hereby appropriated the additional sum of $800,000, said sum to be inclusive of
$40,000 as the amount of an additional down payment required by the Local Bond Law, N.J.S.A.
40A:2-1 et seq. (the “Local Bond Law”), now available therefor by virtue of a provision or provisions
in a previously adopted budget or budgets of the Borough for down payment or for capital
improvement purposes. Therefore, the total appropriation contained in the Original Ordinance, as
amended and supplemented hereby, shall be increased from $4,500,000 and shall equal the aggregate
principal amount of $5,300,000, said sum being inclusive of the total amount of down payment, which
sum shall be increased from $225,000 and shall equal the aggregate principal amount of $265,000.
SECTION 3. (a) In order to finance the additional cost of the improvement or purpose
set forth in Section 5 of the Original Ordinance, as amended and supplemented hereby, not covered by
the additional down payment, additional negotiable bonds or notes of the Borough in the amount of
$760,000 are hereby authorized to be issued by the Borough. Therefore, the total authorization of
negotiable bonds or notes to be issued by the Borough for the improvement or purpose stated in
Section 5 of the Original Ordinance, as amended and supplemented hereby, shall be increased from
$4,275,000 and shall equal the aggregate principal amount of $5,035,000.
(b) The estimated maximum amount of bonds or notes to be issued for said purpose is
purpose stated in the Original Ordinance, as amended and supplemented hereby, is equal to
$5,035,000.
(c) The estimated maximum cost of the improvement or purpose contained in the
Original Ordinance, as amended and supplemented hereby, is equal to $5,300,000.
SECTION 4. In the event the United States of America, the State of New Jersey,
and/or the County of Middlesex make a contribution or grant in aid to the Borough (including the
Grant and Loan defined and referred to in the Original Ordinance) for the improvements and purposes
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MAYOR AND BOROUGH COUNCIL
MEETING NO. 12
PAGE NO. 5
May 27, 2014
authorized by the Original Ordinance, as amended and supplemented, and the same shall be received
by the Borough prior to the issuance of the bonds or notes authorized in Section 4 of the Original
Ordinance, as amended and supplemented, then the amount of such bonds or notes to be issued shall be
reduced by the amount so received from the United States of America, the State of New Jersey, and/or
the County of Middlesex. In the event, however, that any amount so contributed or granted by the
United States of America, the State of New Jersey, and/or the County of Middlesex shall be received
by the Borough after the issuance of the bonds or notes authorized in Section 4 of the Original
Ordinance, as amended and supplemented, then such funds shall be applied to the payment of the
bonds or notes so issued and shall be used for no other purpose.
SECTION 5. The Capital Budget of the Borough is hereby amended, as necessary, to
conform with the provisions of this amendatory and supplemental bond ordinance and to the extent of
any inconsistency herewith, a resolution in the form promulgated by the Local Finance Board showing
full detail of the amended Capital Budget and Capital Program as approved by the Director of the
Division of Local Government Services, New Jersey Department of Community Affairs (the “Director
of the Division of Local Government Services”), will be on file in the office of the Clerk and will be
available for public inspection.
SECTION 6. The following additional matters are hereby determined, declared, recited
and stated:
(a) The Supplemental Debt Statement required by the Local Bond Law has been duly
made and filed in the Office of the Clerk of the Borough and a complete executed duplicate thereof has
been filed in the Office of the Director of the Division of Local Government Services, and such
statement shows that the gross debt of the Borough as defined in the Local Bond Law is increased by
the authorization of the bonds and notes provided for in this amendatory and supplemental bond
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MEETING NO. 12
PAGE NO. 6
May 27, 2014
ordinance by $760,000 and the said obligations authorized herein will be within all debt limitations
prescribed by law.
(b) For the improvement or purpose set forth in the Original Ordinance, as amended
and supplemented hereby, the additional sum of $200,000 is hereby included for items of expense
listed in and permitted under N.J.S.A 40A:2-20, making the total amount for such items of expense
$1,365,000, such total amount being included in the estimated cost indicated herein for the
improvement or purpose set forth in the Original Ordinance, as amended and supplemented hereby.
SECTION 7. The Borough covenants to maintain the exclusion from gross income
under section 103(a) of the Code, of the interest on all bonds and notes issued under the Original
Ordinance, as amended and supplemented hereby.
SECTION 8. Except as expressly amended and supplemented hereby, the Original
Ordinance shall remain in full force and effect.
SECTION 10. This bond ordinance shall take effect twenty (20) days after the first
publication thereof after final adoption, as provided by the Local Bond Law.
Mayor Krenzel stated that this ordinance will allow for financing to tear down the Knights
of Columbus and adjacent gas station.
Mayor Krenzel opened the hearing to the public for comments/questions.
No comments were made. Councilman Roselli moved that the public hearing be closed.
Councilman Guindi seconded the motion. So carried.
Mayor Krenzel asked the Councilmembers as to the action to be taken on this Ordinance.
Councilman Roselli moved that the ordinance be approved and the Clerk be authorized to publish
same as is required by law. Councilman Hutchison seconded the motion.
ROLL CALL VOTE
YEAS:
Guindi, Hutchison, Trenga, Roselli
NAYS:
None
ABSENT:
Haussermann, Jones
REGULAR MEETING
MAYOR AND BOROUGH COUNCIL
MEETING NO. 12
PAGE NO. 7
May 27, 2014
Ord. 2014-14
BOND ORDINANCE PROVIDING FOR VARIOUS 2014 ROAD
IMPROVEMENTS, BY AND IN THE BOROUGH OF SOUTH
RIVER, IN THE COUNTY OF MIDDLESEX, STATE OF NEW JERSEY;
APPROPRIATING $700,000 THEREFOR AND AUTHORIZING THE
ISSUANCE OF $665,000 BONDS OR NOTES OF THE BOROUGH TO
FINANCE PART OF THE COST THEREOF
BE IT ORDAINED AND ENACTED BY THE BOROUGH COUNCIL OF THE
BOROUGH OF SOUTH RIVER, IN THE COUNTY OF MIDDLESEX, STATE OF NEW JERSEY
(not less than two-thirds of all the members thereof affirmatively concurring), AS FOLLOWS:
SECTION 1. The improvement described in Section 3 of this bond ordinance is hereby
authorized as a general improvement or purpose to be undertaken by the Borough of South River, in
the County of Middlesex, State of New Jersey (the "Borough"). For the said improvement or purpose
stated in Section 3, there is hereby appropriated the sum of $700,000, said sum being inclusive of
$35,000 as the amount of down payments for said improvements or purposes as required by the Local
Bond Law, N.J.S.A. 40A:2-1 et seq. (the “Local Bond Law”). The down payment is now available by
virtue of a provision or provisions in a previously adopted budget or budgets of the Borough for down
payment or for capital improvement purposes.
SECTION 2. For the financing of said improvement or purpose described in Section 3
hereof, and to meet the part of said $700,000 appropriation not provided for by application hereunder
of said down payment, negotiable bonds of the Borough are hereby authorized to be issued in the
principal amount of $665,000 pursuant to the Local Bond Law. In anticipation of the issuance of said
bonds and to temporarily finance said improvement or purpose, negotiable notes of the Borough in a
principal amount not exceeding $665,000 are hereby authorized to be issued pursuant to and within the
limitations prescribed by said Local Bond Law.
REGULAR MEETING
MAYOR AND BOROUGH COUNCIL
MEETING NO. 12
PAGE NO. 8
SECTION 3.
(a)
May 27, 2014
The improvements hereby authorized and purpose for the
financing of which said obligations are to be issued is for the resurfacing of various roadways,
including but not limited to, Pettit Avenue from Old Bridge Turnpike to Rubin Street, the entire length
of Edgewood Street, Virginia Street from Main Street to George Street, Rose Street from Monush
Street to Prospect Street, Cleveland Avenue from Old Bridge Turnpike to Albourne Street, Essex Street
from Willet Avenue to Johnson Place, Union Avenue from East Street to Center Street, Morningside
Avenue from Montgomery Street to Willet Avenue, Monush Street from Prospect Street to John Street
and any other streets or portions thereof as on file with the Borough Clerk. Such improvements or
purposes are to include milling, paving, striping, ancillary drainage improvements, storm water/sewer
improvements, construction/reconstruction of curbs, sidewalks and ramps, construction of inlets and
concrete headwalls as well as site restoration, and all materials, equipment, accessories and work
necessary therefore or incidental thereto.
(b) The estimated maximum amount of bonds or notes to be issued for said purpose is
$665,000.
(c) The estimated cost of said purpose is $700,000.
SECTION 4. In the event the United States of America, the State of New Jersey and/or
the County of Middlesex make a contribution or grant in aid to the Borough for the improvement and
purpose authorized hereby and the same shall be received by the Borough prior to the issuance of the
bonds or notes authorized in Section 2 hereof, then the amount of such bonds or notes to be issued shall
be reduced by the amount so received from the United States of America, the State of New Jersey
and/or the County of Middlesex. In the event, however, that any amount so contributed or granted by
the United States of America, the State of New Jersey and/or the County of Middlesex shall be
received by the Borough after the issuance of the bonds or notes authorized in Section 2 hereof, then
such funds shall be applied to the payment of the bonds or notes so issued and shall be used for no
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May 27, 2014
other purpose. This Section 4 shall not apply, however, with respect to any contribution or grant in aid
received by the Borough as a result of using funds from this bond ordinance as “matching local funds”
to receive such contribution or grant in aid.
SECTION 5. All bond anticipation notes issued hereunder shall mature at such times
as may be determined by the Chief Financial Officer of the Borough, provided that no note shall
mature later than one (1) year from its date. The notes shall bear interest at such rate or rates and be in
such form as may be determined by the Chief Financial Officer of the Borough. The Chief Financial
Officer of the Borough shall determine all matters in connection with the notes issued pursuant to this
bond ordinance, and the signature of the Chief Financial Officer of the Borough upon the notes shall be
conclusive evidence as to all such determinations. All notes issued hereunder may be renewed from
time to time in accordance with the provisions of N.J.S.A. 40A:2-8.1. The Chief Financial Officer of
the Borough is hereby authorized to sell part or all of the notes from time to time at public or private
sale and to deliver them to the purchaser thereof upon receipt of payment of the purchase price and
accrued interest thereon from their dates to the date of delivery thereof. The Chief Financial Officer of
the Borough is directed to report in writing to the governing body at the meeting next succeeding the
date when any sale or delivery of the notes pursuant to this bond ordinance is made. Such report must
include the principal amount, the description, the interest rate, and the maturity schedule of the notes so
sold, the price obtained and the name of the purchaser.
SECTION 6. The capital budget of the Borough is hereby amended to conform with
the provisions of this bond ordinance and to the extent of any inconsistency herewith, a resolution in
the form promulgated by the Local Finance Board showing full detail of the amended capital budget
and capital programs as approved by the Director of the Division of Local Government Services will
be on file in the office of the Clerk and will be available for public inspection.
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May 27, 2014
SECTION 7. The following additional matters are hereby determined, declared, recited
and stated:
(a) The purpose described in Section 3 of this bond ordinance is not a current expense
and is an improvement which the Borough may lawfully undertake as a general improvement, and no
part of the cost thereof has been or shall be specially assessed on property specially benefited thereby.
(b) The period of usefulness of said purposes within the limitations of said Local Bond
Law, according to the reasonable life thereof computed from the date of the said bonds authorized by
this bond ordinance, is ten (10) years.
(c) The supplemental debt statement required by the Local Bond Law has been duly
made and filed in the Office of the Clerk of the Borough and a complete executed duplicate thereof has
been filed in the Office of the Director of the Division of Local Government Services in the
Department of Community Affairs of the State of New Jersey, and such statement shows that the gross
debt of the Borough as defined in the Local Bond Law is increased by the authorization of the bonds or
notes provided for in this bond ordinance by $665,000, and the said obligations authorized by this bond
ordinance will be within all debt limitations prescribed by said Local Bond Law.
(d) An aggregate amount not exceeding $150,000 for items of expense listed in and
permitted under N.J.S.A. 40A:2-20 is included in the estimated cost indicated herein for the purpose or
improvement herein before described.
SECTION 8. The full faith and credit of the Borough are hereby pledged to the
punctual payment of the principal of and the interest on the obligations authorized by this bond
ordinance. The obligations shall be direct, unlimited obligations of the Borough, and the Borough shall
be obligated to levy ad valorem takes upon all the taxable property within the Borough for the payment
of the obligations and the interest thereon without limitation as to rate or amount.
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PAGE NO. 11
May 27, 2014
SECTION 9. The Borough reasonably expects to reimburse any expenditures toward
the costs of the improvement or purpose described in Section 3 hereof and paid prior to the issuance of
any bonds or notes authorized by this bond ordinance with the proceeds of such bonds or notes. This
Section 9 is intended to be and hereby is a declaration of the Borough's official intent to reimburse any
expenditures toward the costs of the improvement or purpose described in Section 3 hereof to be
incurred and paid prior to the issuance of bonds or notes authorized herein in accordance with Treasury
Regulations §150-2. No reimbursement allocation will employ an "abusive arbitrage device" under
Treasury Regulations §1.148-10 to avoid the arbitrage restrictions or to avoid the restrictions under
Sections 142 through 147, inclusive, of the Internal Revenue Code of 1986, as amended (the “Code”).
The proceeds of any bonds or notes authorized by this bond ordinance used to reimburse the Borough
for costs of the improvement or purpose described in Section 3 hereof, or funds corresponding to such
amounts, will not be used in a manner that results in the creation of "replacement proceeds", including
"sinking funds", "pledged funds" or funds subject to a "negative pledge" (as such terms are defined in
Treasury Regulations §1.148-1), of any bonds or notes authorized by this bond ordinance or another
issue of debt obligations of the Borough, other than amounts deposited into a "bona fide debt service
fund" (as defined in Treasury Regulations §1.148-1).
The bonds or notes authorized herein to
reimburse the Borough for any expenditures toward the costs of the improvement or purpose described
in Section 3 hereof will be issued in an amount not to exceed $665,000. The costs to be reimbursed
with the proceeds of the bonds or notes authorized herein will be "capital expenditures" in accordance
with the meaning of Section 150 of the Code. All reimbursement allocations will occur not later than
18 months after the later of (i) the date the expenditure from a source other than any bonds or notes
authorized by this bond ordinance is paid, or (ii) the date the improvement or purpose described in
Section 3 hereof is "placed in service" (within the meaning of Treasury Regulations §1.150-2) or
abandoned, but in no event more than three years after the expenditure is paid.
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MEETING NO. 12
PAGE NO. 12
May 27, 2014
SECTION 10. The Borough covenants to maintain the exclusion from gross income
under section 103(a) of the Code of the interest on all bonds and notes issued under this bond
ordinance.
SECTION 11. This bond ordinance shall take effect twenty (20) days after the first publication
thereof after final adoption, as provided by
Mayor Krenzel opened the hearing to the public for comments/questions.
No comments were made. Councilman Roselli moved that the public hearing be closed.
Councilman Guindi seconded the motion. So carried.
Mayor Krenzel asked the Councilmembers as to the action to be taken on this Ordinance.
Councilman Roselli moved that the ordinance be approved and the Clerk be authorized to publish
same as is required by law. Councilman Hutchison seconded the motion.
ROLL CALL VOTE
YEAS:
Guindi, Hutchison, Trenga, Roselli
NAYS:
None
ABSENT:
Haussermann, Jones
ORDINANCES – FIRST READING BY TITLE ONLY
Ord. 2014-16
BOND ORDINANCE PROVIDING FOR THE ACQUISITION AND
INSTALLATION OF A STANDBY GENERATOR(S) FOR THE ELECTRIC
UTILITY, BY AND IN THE BOROUGH OF SOUTH RIVER, IN THE COUNTY
OF MIDDLESEX, STATE OF NEW JERSEY; APPROPRIATING $1,500,000
THEREFOR AND AUTHORIZING THE ISSUANCE OF $900,000 BONDS OR
NOTES OF THE BOROUGH TO FINANCE PART OF THE COST THEREOF
Councilman Hutchison moved that the Council pass the said Ordinance on its First Reading
by Title Only and that the Clerk be authorized to publish same as is required by Law with the
Second Reading and Public Hearing to be held on June 9, 2014 at 8:00 p.m. or soon thereafter in the
Council Chambers of the Criminal Justice Building at 61 Main Street in South River, New Jersey.
Councilman Guindi seconded the motion.
Councilman Roselli stated that he would be voting no because Council is heading towards
one generator and he thinks cost would be less with multiple generators.
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MEETING NO. 12
PAGE NO. 13
May 27, 2014
ROLL CALL VOTE
YEAS:
Guindi, Hutchison, Trenga
NAYS:
Roselli
ABSENT:
Haussermann, Jones
Ord. 2014-17
AN ORDINANCE REPEALING ORDINANCE 2008-23 CREATING A HANDICAPPED
PARKING SPACE AT HOLLANDER AVENUE
Councilman Hutchison moved that the Council pass the said Ordinance on its First Reading
by Title Only and that the Clerk be authorized to publish same as is required by Law with the
Second Reading and Public Hearing to be held on June 9, 2014 at 8:00 p.m. or soon thereafter in the
Council Chambers of the Criminal Justice Building at 61 Main Street in South River, New Jersey.
Councilman Roselli seconded the motion.
ROLL CALL VOTE
YEAS:
Guindi, Hutchison, Trenga, Roselli
NAYS:
None
ABSENT:
Haussermann, Jones
PUBLIC COMMENTS (agenda items only)
No comments were made. Councilman Guindi moved that the public hearing be closed.
Councilman Hutchison seconded the motion. So carried.
RESOLUTIONS
RES: 2014-174
MAY 27, 2014
RESOLUTION
WHEREAS, the official utility records of the Borough of South River, New Jersey
show certain refunds which include electric, water and consumer deposits (CD); and
WHEREAS, the Collector of Utility Revenue recommends that the following refunds
should be made to the consumer noted herein below listed; and
NOW, THEREFORE BE IT AND IT IS HEREBY RESOLVED by the Borough Council of
the Borough of South River that the Collector of Utility Revenue is hereby authorized to make the
following refunds and adjustments indicated below and any attached list.
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MEETING NO. 12
PAGE NO. 14
May 27, 2014
ACCOUNT #
PAYABLE TO:
66-999-996-908 WTR CURRENT
CASIMIR BAJSERT
6 LONGVIEW RD
OLD BRIDGE, NJ 08857
$30.06
65-999-912-286 ELEC CURRENT
MYRNA FLORES
1 SPENCER LANE
OLD BRIDGE, NJ 08857
$42.40
65-999-964-096 ELEC CURRENT
JOHN HOWARD
15 STRATFORD DR APT 6
OLD BRIDGE, NJ 08857
$24.61
65-999-855-933 CD
MICHAEL IVEY & JAMES BOYD
216 SUNNYVIEW OVAL
KEASBY, NJ 08832
$39.25
65-999-01-112
ZORIADA MELENDEZ
1314 SOUTHEAST 18 PLACE
OCALA, FL 34471
$128.64
65-999-885-622 ELEC CURRENT
ROBERT MILLER
22 HUDSON CT
LINCOLN PARK, NJ 08823
$44.85
65-999-000-667 CD
F PATRICIO & B & D CASTRO
665 GERARD AVE
LONG BRANCH, NJ 07740
$26.71
65-999-854-437 CD
RUBEN PONCE & ZULEYKA RUIZ
189 MAIN ST
SOUTH RIVER, NJ 08882
$34.40
65-999-001-143 CD
DOLORES TAYLOR
5230 PORTSIDE LANE
RALEIGH, NC 27610
$142.61
65-999-000-793 CD
VERTICAL FITNESS DANCE
56 FERRY ST
SOUTH RIVER, NJ 08882
$304.90
CD
AMOUNT OF CHECK
DATED: MAY 27, 2014
/s/
Thomas Roselli
Councilmember
/s/
Peter Guindi
Councilmember
ROLL CALL VOTE
YEAS:
Guindi, Hutchison, Trenga, Roselli
NAYS:
None
ABSENT:
Haussermann, Jones
REGULAR MEETING
MAYOR AND BOROUGH COUNCIL
MEETING NO. 12
PAGE NO. 15
May 27, 2014
RES: 2014-175
MAY 27, 2014
RESOLUTION
BE IT AND IT IS HEREBY RESOLVED by the Mayor and Council of the Borough of South River,
in the County of Middlesex and the State of New Jersey that CME Associates is authorized to prepare bid
specifications and advertise for bids for demolition and site remediation of the Firehouse Site, Block 264.01,
Lots 6.01 and 12.
DATE: MAY 27, 2014
/s/
Thomas Roselli
Councilmember
/s/
Peter Guindi
Councilmember
ROLL CALL VOTE
YEAS:
Guindi, Hutchison, Trenga, Roselli
NAYS:
None
ABSENT:
Haussermann, Jones
RES: 2014-176
MAY 27, 2014
RESOLUTION
AUTHORIZATION FOR FIREWORKS DISPLAY
BY SOUTH RIVER RECREATION DEPARTMENT
ON JULY 2, 2014 (RAIN DATE JULY 3, 2014)
WHEREAS, the South River Recreation Department of the Borough of South River has requested
permission to make a public display of fireworks at the launch site on the South River Board of Education
property known as Denny Stadium, Block 191, Lots 1, 2, and 3.3 in the Borough of South River, County of
Middlesex on July 2, 2014 (rain date July 3, 2014), the Borough Council makes the following to wit:
Permission is granted, and the Borough Clerk is directed to issue a letter permit on the following
conditions:
1. Garden State Fireworks, Inc., responsible to the applicant, shall be placed in charge
of the display.
2. The applicant and the contractor shall post with the Borough Clerk pursuant to
NJAC 5:70-3.1(a) 31, F-3103.4 a bond or certificate of insurance in the sum of
$5,000,000.00, conditioned for the payment of all damages which may be
caused either to a person or persons, or to property, by reason of such display.
3. The applicant and contractor shall comply with all required regulations and
instructions issued by the Fire Official/Inspector of the Borough of South River
and obtain the necessary permit; and shall solicit the cooperation of the South River
Board of Education, South River Police Department, South River Fire Department,
South River Rescue Squad and South River Office of Emergency Management.
4. The fireworks display shall not commence later than 11:30 p.m.
REGULAR MEETING
MAYOR AND BOROUGH COUNCIL
MEETING NO. 12
PAGE NO. 16
May 27, 2014
BE IT FURTHER RESOLVED that the Borough Clerk is hereby directed to transmit a certified copy
of this resolution to the following:
a.
b.
c.
d.
e.
f.
g.
h.
DATED:
South River Bureau of Fire Prevention
South River Recreation Department
South River Board of Education
South River Police Department
South River Rescue Squad
South River Office of Emergency Management
Garden State Fireworks, Inc.
Bureau of Explosives of the Department of Labor
MAY 27, 2014
/s/
Thomas Roselli
Councilmember
/s/
Peter Guindi
Councilmember
ROLL CALL VOTE
YEAS:
Guindi, Hutchison, Trenga, Roselli
NAYS:
None
ABSENT:
Haussermann, Jones
RES: 2014-177
MAY 27, 2014
RESOLUTION
WHEREAS, Arcari and Iovino Architects, P.C. were authorized on March 25, 2013 and
September 9, 2013 to assist the Borough of South River with repairs to the Human Services
Building, located at 55 Reid Street, Block 90, Lot 8.1 in the Borough of South River; and
WHEREAS, the scope of services has been amended due to additional site/field visits and
reports at a cost of $3,000.00.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Mayor and Council
of the Borough of South River, in the County of Middlesex, State of New Jersey that the amended
fee in the amount of $3,000.00 for additional site/field visits and reports to the Human Services
Building is hereby approved.
BE IT FURTHER RESOLVED that the total cost of the services provided by Arcari and
Iovino Architects, P.C. is $32,700.00.
DATED:
MAY 27, 2014
/s/
Thomas Roselli
Councilmember
/s/
Peter Guindi
Councilmember
REGULAR MEETING
MAYOR AND BOROUGH COUNCIL
MEETING NO. 12
PAGE NO. 17
May 27, 2014
ROLL CALL VOTE
YEAS:
Guindi, Hutchison, Trenga, Roselli
NAYS:
None
ABSENT:
Haussermann, Jones
RES: 2014-178
MAY 27, 2014
RESOLUTION AUTHORIZING THE EXECUTION OF INDEMNIFICATION AND DEFENSE
AGREEMENTS IN CONNECTION WITH THE 2014 POLICE LIEUTENANT
AND POLICE SERGEANT PROMOTIONAL PROCESS
WHEREAS, in accordance with Borough Ordinance 72-24 C(2) the Borough of South River
Chief of Police has requested that Chief Raymond Hayducka of the Township of South Brunswick
and Chief Raymond Geipel of the Borough of Milltown serve, during their off-duty time, on the
panel for oral interviews of candidates for promotion to the ranks of Police Lieutenant and Police
Sergeant in the South River Police Department in connection with the 2014 Sergeant and Lieutenant
Promotional Process; and
WHEREAS, Chief Hayducka and Chief Geipel both have over twenty-five (25) years of
experience in law enforcement in New Jersey and each has attained the rank of Police Chief in their
respective municipal police departments, thereby meeting the requirements of Borough Ordinance
72-24 C(2)(a); and
WHEREAS, to enable Chief Hayducka and Chief Geipel to serve on said panel, without
compensation, they have requested that the Borough execute an Indemnification and Defense
Agreement in order to agree to the Chief of Police’s request; and
WHEREAS, the terms of indemnification and defense agreements are further detailed in the
Indemnification and Defense Agreement between the Borough and Chief Hayducka and the
Borough and Chief Geipel, which are attached hereto and made a part hereof; and
WHEREAS, the Council finds it is in the best interests of the Borough, its residents and its
constituents to enter into the Indemnification and Defense Agreements.
NOW THEREFORE BE IT RESOLVED, by the Borough Council of the Borough of South
River, County of Middlesex, State of New Jersey that the Mayor is hereby authorized to execute the
Indemnification and Defense Agreements so that Chief Hayducka and Chief Geipel will serve on
the panel for oral interviews of candidates for promotion to the ranks of Police Lieutenant and
Police Sergeant in the South River Police Department in connection with the 2014 Sergeant and
Lieutenant Promotional Process.
DATED: MAY 27, 2014
/s/
Thomas Roselli
Councilmember
/s/
Peter Guindi
Councilmember
REGULAR MEETING
MAYOR AND BOROUGH COUNCIL
MEETING NO. 12
PAGE NO. 18
May 27, 2014
ROLL CALL VOTE
YEAS:
Guindi, Hutchison, Trenga, Roselli
NAYS:
None
ABSENT:
Haussermann, Jones
RES: 2014-179
MAY 27, 2014
RESOLUTION
WHEREAS, pursuant to the applicable Statutes of the State of New Jersey, the Local School
District is required to requisition funds for Operating Expense and Debt Service Expense from the
Borough; and
WHEREAS, a requisition dated April 25, 2014 has been received from the Local School District
for the following amount:
CURRENT OPERATING EXPENSE:
$1,111,756.00
RESTORED FUNDS:
DEBT SERVICE EXPENSE:
TOTAL
$1,111,756.00
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Mayor and Borough
Council of the Borough of South River that the Chief Financial Officer is hereby authorized and directed
to draw the above stated amount from the proper accounts and pay to the Custodian of the School Monies
the amount so drawn pursuant to the applicable Statutes of the State of New Jersey by June 6, 2014.
DATED:
MAY 27, 2014
/s/
Thomas Roselli
Councilmember
/s/
Peter Guindi
Councilmember
ROLL CALL VOTE
YEAS:
Guindi, Hutchison, Trenga, Roselli
NAYS:
None
ABSENT:
Haussermann, Jones
REGULAR MEETING
MAYOR AND BOROUGH COUNCIL
MEETING NO. 12
PAGE NO. 19
May 27, 2014
RES: 2014-180
MAY 27, 2014
RESOLUTION
I, John M. Krenzel, with the advice and consent of the Council of the Borough of South
River, do hereby appoint Joseph Casey as a Probationary Member of the Reliable Fire Company,
South River Fire Department of the Borough of South River effective April 4, 2014, 2014.
/s/
John M. Krenzel
Mayor
DATED: MAY 27, 2014
/s/
Thomas Roselli
Councilmember
/s/
Peter Guindi
Councilmember
ROLL CALL VOTE
YEAS:
Guindi, Hutchison, Trenga, Roselli
NAYS:
None
ABSENT:
Haussermann, Jones
RES: 2014-181
MAY 27, 2014
RESOLUTION
I, John M. Krenzel, Mayor, with the advice and consent of the Council of the Borough of
South River, do hereby appoint the following to part-time positions in the Department of Public
Works at a rate of $10.00/per hour effective June 9, 2014:


DATED:
Michael Anthony Zyskowski
Christopher Joseph Ryan
MAY 27, 2014
/s/
/s/
Thomas Roselli
Councilmember
/s/
Peter Guindi
Councilmember
John M. Krenzel
Mayor
REGULAR MEETING
MAYOR AND BOROUGH COUNCIL
MEETING NO. 12
PAGE NO. 20
May 27, 2014
ROLL CALL VOTE
YEAS:
Guindi, Hutchison, Trenga, Roselli
NAYS:
None
ABSENT:
Haussermann, Jones
RES: 2014-182
MAY 27, 2014
RESOLUTION
I, John M. Krenzel, Mayor, with the advice and consent of the Council of the Borough of
South River, do hereby appoint the following to part-time positions as Dog Census workers at a rate
of $10.00/per hour effective June 30, 2014:




DATED:
Paul Flint
Tyler Burgess
Ryan Farrell
Jonathan Rodriguez
MAY 27, 2014
/s/
/s/
Thomas Roselli
Councilmember
/s/
Peter Guindi
Councilmember
John M. Krenzel
Mayor
ROLL CALL VOTE
YEAS:
Guindi, Hutchison, Trenga, Roselli
NAYS:
None
ABSENT:
Haussermann, Jones
RES: 2014-183
MAY 27, 2014
RESOLUTION
I, John M. Krenzel, Mayor, with the advice and consent of the Council of the Borough of
South River, do hereby appoint the following to a part-time position in the Recreation Department
at a rate of $10.00/per hour effective May 19, 2014:

DATED:
Ashley Toropiw
MAY 27, 2014
/s/
John M. Krenzel
Mayor
REGULAR MEETING
MAYOR AND BOROUGH COUNCIL
MEETING NO. 12
PAGE NO. 21
/s/
Thomas Roselli
Councilmember
/s/
Peter Guindi
Councilmember
May 27, 2014
ROLL CALL VOTE
YEAS:
Guindi, Hutchison, Trenga, Roselli
NAYS:
None
ABSENT:
Haussermann, Jones
RES: 2014-184
MAY 27, 2014
RESOLUTION
BE IT AND IT IS HEREBY RESOLVED by the Mayor and Council of the Borough of
South River, in the County of Middlesex and the State of New Jersey that all bills, claims and
statements against the Borough, in the total amount of $306,499.67 and previously paid claims in
the amount of $1,777,629.80, listing attached, have been duly itemized, audited, approved and
signed by the proper officers of the Borough, be and the same are hereby ordered paid.
DATED: MAY 27, 2014
/s/
Thomas Roselli
Councilmember
/s/
Peter Guindi
Councilmember
ROLL CALL VOTE
YEAS:
Guindi, Hutchison, Trenga, Roselli
NAYS:
None
ABSENT:
Haussermann, Jones
Councilman Hutchison abstained on Item 14-01424 on the bill list.
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MEETING NO. 12
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PAGE NO. 32
May 27, 2014
PUBLIC COMMENTS-(agenda items only)
Ed Trygar, Ferry St.
 Gave background on Obert St. parking lot; commented on proposed improvements; asked
Council to consider installing kiosks rather than moving parking meters.
Susan Olsen, Albert St.
 Sandy survivors – outlined various programs for assistance; thanked Pantry One, thanked
Councilmen Guindi and Hutchison for help with survivors.
 Urged residents to vote for Councilman Guindi on 6/3.
Teresa Hutchison, 38 Virginia St.
 Thanked Councilman Guindi for help with mounting banners on Main St. for Memorial Day
Parade; thanked sponsors by name for supporting parade; thanked Police, DPW and
committee members for all their help. Mayor thanked Mrs. Hutchison for heading up the
Committee.
 Budget – asked if Council would consider putting aside some monies for the VFW and
American Legion. Councilman Roselli stated that maybe the Borough could reimburse the
organizations for Veterans Day functions.
Anna Fulop, 18 Maple St.
 Asked if the Police could put up a temporary barricade on Maple St. when heavy rains occur
to avoid water from going into her home; this has been done in the past.
Jim Gurchensky, 27 Northern St.
 Thanked residents for displaying American flag on Memorial Day; thanked Mrs. Hutchison
and Chief Tinitigan for successful event.
Donna Farren, 93 David St.
 Thanked Council for approving fireworks display.
 Thanked all for coming out to the Memorial Day Parade; thanked all veterans.
 Commented on a push poll phone call that was received from the Middlesex County
Democratic Organization; asked that these calls be stopped.
Tony Ciulla, 18 Sussex St.
 Commented on push poll phone call that was received from the Middlesex County
Democratic Organization.
Robert Graziano, 112 Jackson St.
 Expressed concern on cost to install solar panels.
 Questioned borough policy on shut-offs for non-payment of electric bill.
COUNCIL COMMENTS
Councilman Hutchison
 Condolences to the Bongiovi family on passing of Dominick Bongiovi.
REGULAR MEETING
MAYOR AND BOROUGH COUNCIL
MEETING NO. 12
PAGE NO. 33









May 27, 2014
Condolences to Fred Carr and family on the loss of his daughter.
Condolences to Moore Family on passing of Richard Moore, 2013 Memorial Day Parade
Grand Marshal.
ACS Relay for Life – congratulations to all associated with it; great event.
Attended Board of Health and Cultural Arts and Heritage Commission meetings.
Memorial Day Parade – great way to honor all veterans; congratulations to all involved;
Rene Reuse, 2014 Grand Marshal; commended and thanked his wife, Teresa, on doing an
incredible job.
5/31 - Bike Rodeo – SR High School at 9:00 a.m.
6/3 - Primary Election
6/8 – MDS 5K race at Denny Stadium
No yard waste pickup this week due to holiday; can bring to DPW yard.
Councilman Trenga
 Condolences to Bongiovi family on loss of father.
 Condolences to Mr. Carr
 Attended Relay for Life – great event; thanked all for support.
 Unable to attend Library Board of Trustees meeting tonight.
 Not able to pursue federal grants; unlikely Borough would receive funds.
 Memorial Day Parade – fantastic event; kudos to Teresa Hutchison; community came
together to support veterans.
Councilman Guindi
 Commended Teresa Hutchison on Memorial Day Parade
 Condolences to Bongiovi family on loss of father.
 Condolences to Carr family on loss of daughter.
 5/31 – Bike Rodeo – urged parents to keep children away who may not enjoy rodeo.
 Congratulations to Police Officers Hyslop and Gomez on graduating Police Academy.
 Municipal Alliance Art Auction – great event; next event will be in September.
 Commented on call put out by Middlesex County Democratic Organization.
 Urged all to come out and vote.
Councilman Roselli
 Condolences to Bongiovi family on loss of father.
 Condolences to Fred Carr on loss of daughter.
 Condolences to Moore family.
 2013 Residential Sidewalk Program will be coming to end, may still be able to get in; once
it goes out to bid, sign of for the 2014 program.
 Congratulations to Memorial Day Parade Committee; honor veterans.
 6/19 – EDC Car Show – 5:00 p.m. to 9:00 p.m., urged all to come out; rain date 7/17.
 Congratulations to Relay for Life Committee.
 Spitaleri Furniture closing doors – loss for town; best wishes to Mr. Spitaleri with his health.
 6/3 - Primary Day; urged all to vote; did not get a poll call; call was not paid by South River
Democrats; put out by Middlesex County Democratic Organization.
REGULAR MEETING
MAYOR AND BOROUGH COUNCIL
MEETING NO. 12
PAGE NO. 34
May 27, 2014
Mayor Krenzel
 Condolences to all; we are a family, we unite and put aside differences.
 Memorial Day Parade – great event
 5/31 – Bike Rodeo
 6/8 – MDS 5K race at Denny Stadium.
 6/19 – Car Show
 6/3 – Primary Election
 Commented on push poll call put out by Middlesex County Democrats
 Firehouse – must build for future; will be expensive.
Adjournment
Councilman Guindi moved that this meeting be adjourned at 9:30 p.m. Councilman
Hutchison seconded the motion. So carried.
Respectfully submitted on
June 6, 2014.
Patricia O’Connor, RMC
Borough Clerk
Approved at the regular meeting
held on June 9, 2014