Minutes of the Regular Meeting s8

MINUTES OF THE REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF SADDLE RIVER December 18, 2017

PRESENT: Mayor Kurpis, Council President Jensen, Council Members: Gray, Salazer, Schulstad, Yates, Borough Administrator Giaimis, Municipal Clerk Convertini, Borough Attorney Huntington

ABSENT: Council Member Acaster

PRESIDING: Mayor Kurpis called the meeting to order at 7:00 p.m.; Municipal Clerk Convertini read the following statement:

PUBLIC NOTICE: "Notice of this meeting in compliance with the Open Public Meetings Act, Chapter 231 of the laws of 1975, has been given by posting a notice of the scheduled dates of all regular meetings of the Mayor and Council of the Borough of Saddle River on the bulletin board in the Municipal Building and in the office of the Borough Clerk and by emailing notice thereof to the Herald News and The Record on December 21, 2016." Also on the official Borough website and E-notify.

PLEDGE OF ALLEGIANCE

NOTIFICATION OF FIRE EXITS

AWARDS AND CEREMONIES

WORK SESSION:

MAYOR KURPIS:

Northwest Bergen Mayors Meeting: Mayor Kurpis stated that there was no meeting this month but the Mayors will be meeting at the League of Municipalities Conference this week to address several important matters. Wildlife Management with neighboring municipalities will be addressed.

Application for a Community Based Deer Management Permit: Mayor Kurpis stated that this application was filed with the State and the Borough has been informed that there were several administrative deficiencies in the application which must be addressed.

Repurposing the Marker House: Mayor Kurpis stated that there are many residents that are interested in repurposing the Marker House as an art gallery. Based upon the grant funding criteria, it must be used for passive recreation and Borough Attorney Huntington will determine if the proposed usage is applicable.

Revaluation Update: Mayor Kurpis stated that the home inspections are complete; Borough Administrator Giaimis will address this further in his report.

Recycling Shared Service with Ho-Ho-Kus: Mayor Kurpis stated that he is going to speak with the Mayor of Ho-Ho-Kus to determine the feasibility of a recycling shared service agreement.

Town Wide Garage Sale: Mayor Kurpis stated that some residents have shown interest but the Borough would want to ensure that were enough participants to make the event worthwhile.

MINUTES: MAYOR AND COUNCIL MEETING NOVEMBER 13, 2017 1

Bank of America ATM Machine: Mayor Kurpis stated that this ATM machine is in violation of the lighting restrictions for the Historic District. The bank has been issued several warnings and the Building Department has now been instructed to give them a summons for this violation.

Wildlife Management Enabling Resolution: Mayor Kurpis stated that the Borough Administrator will address this matter in his report.

Sale of Fire Truck #1132: Mayor Kurpis stated that this truck was recently sold at auction and Council President Jensen will address this further in his report.

Lowering Borough Speed Limits: Mayor Kurpis stated that he continues to appeal to the County to lower the speed limit on County roads by five mph in Saddle River. It has been denied twice by the County Administrator, however Mayor Kurpis stated that he will continue to pursue this matter.

Borough Website Redesign: Mayor Kurpis stated that this process has taken far too long to complete and he outlined some of the concerns and obstacles involved in this project. He further stated that the Borough Administrator will address this matter.

ADMINISTRATOR

Marker Property: Administrator Giaimis stated that he has spoken with the State about the “passive recreation” interpretation for the Marker property and he addressed this in detail. A new request would have to be submitted to the State for this usage, once the Mayor and Council make a final decision.

E-Ticketing for Police Department: Administrator Giaimis and Captain Cosgriff attended an Administrators meeting in Ridgewood where an E-ticketing vendor spoke about this service. There would be the opportunity for shared services and this would make the ticketing process more efficient.

Historical Society Grant for Saddle River Museum: Administrator Giaimis stated that this grant application will be submitted by the deadline of November 17, 2017 and will be used for interior improvements to the Saddle River Museum.

Wildlife Management: Administrator Giaimis stated that he will be evaluating several companies that can assist in the wildlife management initiative in Saddle River.

Revaluation Update: Administrator Giaimis stated that the home inspections are almost completed with the exception of homes where the inspector could not gain access. Letters have been sent to these residents in order to schedule appointments for the inspections; letters will then be sent to all residents with their assessments, with the opportunity to appeal if necessary. A final report will be generated by February 18, 2018.

2018 Municipal Budget: Administrator Giaimis stated that he has met with all department heads to go over the budget for 2018. He will keep the Mayor and Council updated with the Municipal aid numbers as they become available.

Borough Website Redesign: Administrator Giaimis outlined the delays and issues with the new website and stated that the new website should be launched by the end of the year.

Mayor Kurpis stated that he has spoken with Landscape Architect Scott Levy regarding the Borough Vegetation Plan, which has been delayed. It is currently moving forward and a formal report should be submitted by year end.

Mayor Kurpis stated that he is looking into retaining a public relations firm and he will evaluate this further.

OPEN TO THE PUBLIC:

Marilyn Goldfischer, 124 West Saddle River asked about the Borough ordinance governing businesses operating on Sundays. Borough Attorney Huntington stated that this is governed by State law. There are references in the Saddle River code and Borough Administrator Giaimis will review these with Ms. Goldfischer at a later date. She also addressed the riding of ATV’s on neighboring properties.

Deborah Hardesty, 15 East Saddle River Rd. stated that the referendum regarding the lethal vs. non- lethal deer management issue held on November 7, 2016 indicated that the residents of Saddle River were in favor of a non-lethal approach. She further stated that she would like the residents better educated on this issue. She asked about gun shoots and snare traps in Saddle River and asked about signage indicating no hunting on private property. Mayor Kurpis suggested that Ms. Hardesty meet with the Borough Administrator in order to get the answers to these questions. She asked if any members of the Mayor and Council had reviewed the Staten Island deer management plan and Attorney Huntington stated that his advice was not to engage in colloquy with the residents in this forum.

Mayor Kurpis suggested that Ms. Hardesty attend an Environmental Commission meeting to further address this matter.

Lisa LoPiccolo, 26 Christopher Place thanked the Mayor and Council for considering the repurposing of the Marker House as an art gallery.

Amy Atkinson, 19 Westerly Road stated that she has attended the Environmental Commission meetings and feels members are uninformed. She further stated that she has also heard gun shots and asked if the police were in the area at a specific time. Administrator Giaimis stated that the Animal Control Officer would have information regarding coyote snares. He further stated that the police department is not out actively searching for coyotes but if one is either injured or threatening a human, the police will intervene.

Council Member Schulstad stated that the members of the public have a right to know many of the questions they are asking. He encouraged them to submit an OPRA request to obtain this information. He further stated that Ms. Hardesty asked some important questions and the Borough has an obligation to answer these questions. He stated that he is frustrated with the lack of transparency and asked if the Non-Lethal Deer Plan is on the website. He further stated that this plan should have been forwarded to the Council prior to this meeting.

Vincent Blehl, 33, East Allendale Road thanked the Mayor and Council for considering the re-purposing of the Marker House and he encouraged the Mayor and Council to consider the proposed renovation plans for the Bishop House.

Ms. Hardesty thanked Council Member Schulstad for responding to her questions and ask that these requests be taken to the next level in order to move forward.

ENGINEERING REPORT:

BOROUGH ATTORNEY:

MUNICIPAL CLERK: Municipal Clerk Joy Convertini stated that the Annual Tree Lighting Celebration will be held on Friday, December 8, 2017 at 6:00 pm in the front of the Municipal Building.

INTRODUCTION OF ORDINANCE(S):

ORDINANCE NO. 17-940-C

AN ORDINANCE OF THE BOROUGH OF SADDLE RIVER, NEW JERSEY PROVIDING FOR PROHIBITION OF THE FEEDING OF WILDLIFE ON LANDS IN THE BOROUGH, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF

Resolution # 202-17 Offered by Council Member Schulstad Seconded by Council Member Yates

Council Member Gray stated that he feels that this ordinance is overly broad and poorly drafted. He explained his concerns in detail at this time. Council Member Schulstad stated that Animal Control Officer, Carol Tyler recommended a more restrictive ordinance. Borough Administrator suggested several minor language changes, including the distinction of “bird” feed be added to this ordinance. Section Five: Violations and Penalties was discussed in detail and a slight amendment was made at this time.

At this time, Council Member Schulstad made a motion to amend the ordinance as discussed. Seconded by Council Member Yates Roll Call Vote: AYES, Unanimous

A motion to move as amended was offered by Council Member Schulstad Seconded by Council Member Gray

Roll Call Vote: AYES, Unanimous

AN ORDINANCE TO AMEND CERTAIN SECTIONS OF THE ZONING CODE OF THE BOROUGH OF SADDLE RIVER

Resolution # 203-17 Offered by Council Member Schulstad Seconded by Council President Jensen

Council President Jensen outlined the changes in both lot coverage and building coverage which will be more advantageous for residents. Corner lots and front facing garage doors are also addressed and this was discussed in detail. Mayor Kurpis stated that this ordinance amendment greatly improves resident’s property values and he commended the Ordinance Review Committee for their diligent work.

AN ORDINANCE TO AMEND CERTAIN PROVISIONS OF CHAPTER 29, CHAPTER 134 AND CHAPTER 219 OF THE BOARD OF HEALTH CODES FOR THE BOROUGH OF SADDLE RIVER

Resolution #204-17 Offered by Council Member Salazer Seconded by Council President Jensen

Council President Jensen stated that the objective with this ordinance amendment was to update fees in order to keep them consistent with neighboring municipalities.

ADOPTION OF ORDINANCE(S):

Ordinance No. 17-939-M

CAPITAL ORDINANCE OF THE BOROUGH OF SADDLE RIVER, IN THE COUNTY OF BERGEN, NEW JERSEY AUTHORIZING THE UNDERTAKING OF STREETSCAPE IMPROVEMENTS ALONG THE EAST ALLENDALE ROAD CORRIDOR (PHASE V) IN, BY AND FOR THE BOROUGH, APPROPRIATING THEREFORE THE SUM OF $205,500 AND PROVIDING THAT SUCH SUM SO APPROPRIATED SHALL BE RAISED FROM A NEW JERSEY DEPARTMENT OF TRANSPORTATION GRANT AND FROM CAPITAL FUND BALANCE.

Resolution # 205-17 Offered by Council Member Salazer Seconded by Council Member Gray

Motion to Open to the Public by Council President Jensen Seconded by Council Member Gray Voice Vote: All AYES

OPEN TO THE PUBLIC: No one wished to be heard.

Motion to Close the Hearing to the Public by Council Member Seconded by Council Member Voice Vote: All AYES

APPROVAL OF BILLS

Resolution #206-17 Offered by Council Member Salazer Seconded by Council Member Gray Roll Call Vote: AYES, Unanimous

RESOLUTIONS

All matters listed hereunder are considered routine in nature and will be enacted in one motion. Any Council Member may request that an item be removed for separate consideration. Considering approval of minutes, a yes vote will indicate a vote in favor of approval of the minutes of each meeting at which the Council Member was present and an abstention with respect to the minutes of meetings at which such Council Member was not present.

Resolution Offered by Council President Jensen Seconded by Council Member Schulstad

A. Approval of Minutes: Regular Meeting: 10/16/17 Executive Session (1) 10/16/17 Executive Session (2) 10/16/17 Work Session Meeting: 10/26/17 B. Resolution(s)

Resolution # 207-17 Transfer Resolution Resolution # 208-17 Valley Hospital Ambulance Agreement

Council Member Schulstad asked about the Transfer Resolution and Borough Administrator Giaimis explained that it pertained to retroactive pay for police officers. Council Member Schulstad asked if the PBA contract has been signed and he was informed that it has not. He further stated that, as this agreement has not yet been signed, the Borough should be acting as if it had. He asked when the agreement will be signed and Borough Administrator Giaimis stated that labor attorney Ray Wiss, is currently working on same.

OPEN TO THE PUBLIC FOR CONSENT AGENDA ITEMS ONLY:

COMMITTEE & COUNCIL MEMBER REPORTS

Board of Health: Council Member Salazer gave the report for October 2017.

Landmarks Committee: Council Member Salazer gave the report for October 2017.

Bishop House Committee: There was no report at this time.

Equestrian Committee: There was no report at this time.

Finance Committee: Council Member Salazer gave the report for October 2017.

Special Events Committee: There was no report at this time.

Public Relations Committee: There was no report at this time.

COAH: Council President Jensen gave the report for October 2017.

Planning Board: Council President Jensen gave the report for November 2017.

Fire Department: Council President Jensen gave the report for October 2017.

Saddle River Museum Committee: Council Member Gray gave the report for October 2017.

Const. & Zoning Enforcement: Council Member Gray gave the report for October 2017.

Public Works: Council Member Gray gave the report for October 2017.

Police Department: Council Member Gray gave the report for October 2017.

Zoning Board: Council Member Gray gave the report for October 2017.

Board of Education: Council Member Gray gave the report for October 2017.

Beautification Committee: Council Member Gray gave the report for October 2017.

EMS: Council Member Gray for September 2017.

Environmental Commission: Council Member Yates gave the report for October 2017.

Recycling & Green Team Committee: There was no report at this time.

Ordinance Review Committee: Council Member Schulstad gave the report for November 2017.

Parks and Recreation: There was no report at this time.

Information & Transparency Committee: Council Member Schulstad gave the report for September 2017.

Mayor Kurpis congratulated Council President Jensen and Council Member Schulstad on their re-election to the council.

OPEN TO THE PUBLIC:

Patty Nazzaro, 3 Westwind Court asked about the fee listed on Ordinance 17-942-C for tennis court usage. This was discussed in detail at this time. She also stated that she is in agreement with Animal Control Officer Carol Tyler regarding a stricter no feeding policy for wildlife.

Council Member Schulstad stated that he would like the no feeding policy and ordinance discussed in the upcoming newsletter, scheduled to be mailed near the end of December.

Marilyn Goldfischer, 124 West Saddle River Road stated that she would like the Borough to investigate potential surfaces for the walking track in Rindlaub Park, as the current path is in disrepair. Mayor Kurpis stated that this is a good idea and he will look at vendors while attending the League of Municipalities Conference. Ms. Goldfischer also stated that there are several dead trees in the park that

MINUTES: MAYOR AND COUNCIL MEETING NOVEMBER 13, 2017 7 must be pruned as they are a public safety hazard.

Kim Nagelhout, Park Ridge stated that Ordinance 17-940-C pertaining to the feeding of wildlife should be stricter, limiting the number of bird feeders to one per resident.

Jan Schwartz, Non-lethal Wildlife Management Committee, stated that he has made some revisions to Ordinance 17-940-C, prohibiting the feeding of wildlife and he offered to forward these revisions to Attorney Huntington for his review.

Marilyn Goldfisher stated that the property the Borough recently purchased has many specimen plantings that should be transplanted to other areas within the Borough.

Gail Atkinson, 19 Westerly Road addressed Ordinance 17-940-C, stating that the majority of residents will not have bird feeders that will comply with the new amended ordinance.

Vincent Blehl stated that his wife is an avid bird lover and his property has been certified by the County Audubon Society as a garden. He encouraged the Mayor and Council to review it closely; development has taken away much of the area for birds to migrate, making it essential that birds are fed all year long.

UNFINISHED BUSINESS:

NEW BUSINESS:

ADJOURNMENT: A motion to adjourn was made and seconded.

Respectfully submitted,

Joy C. Convertini Municipal Clerk