Of the Governing Body

WORK SESSION OF THE GOVERNING BODY OF THE BOROUGH OF BLOOMINGDALE

September 8, 2015

The Work Session Meeting of the Governing Body of the Borough of Bloomingdale was held on the above date in the Council Chambers of the Municipal Building, 101 Hamburg Turnpike, Bloomingdale, NJ. Mayor Dunleavy called the meeting to order at 7:00 p.m.

SALUTE TO THE AMERICAN FLAG

Mayor Dunleavy led the Salute to the Flag.

ROLL CALL

In Attendance: Mayor: Jonathan Dunleavy

Council Members: Anthony Costa John D’Amato Richard Dellaripa Dawn Hudson Michael Sondermeyer Ray Yazdi

Professionals Municipal Clerk: Jane McCarthy, RMC Present: Borough Attorney: Tracy Schnurr, Esq.

PUBLIC NOTICE STATEMENT

Mayor Dunleavy stated that adequate notice of this meeting was posted in the Bloomingdale Municipal Building and provided to The Suburban Trends; The North Jersey Herald & News; and all other local news media on December 12, 2014.

ADMINISTRATION OF OATH OF OFFICE TO POLICE OFFICER CONRAD JIMENEZ

At this time, Mayor Dunleavy recognized our new Police Officer Conrad Jimenez and his family and welcomed them to the Borough of Bloomingdale. Police Chief Borell was in attendance and also spoke of his appreciation to the Mayor and Council and Public Safety Committee for caring for his Department and making sure we are always at full compliment. He stated that we are sorry to lose Mark Johnson who is retiring and also happy to welcome Conrad into the Bloomingdale Police “family”. 2

At this time, Mayor Dunleavy administered the Oath of Office to Conrad Jimenez and handed him is Bade No. 11.

The presentation was applauded by all those in attendance.

(At this time, the Mayor and Council took a five minute recess)

RECONVENED

Mayor Dunleavy reconvened the meeting at 7:23 p.m.

NON-AGENDA ITEMS

Mayor noted that we have one non-agenda item: Approval of annual town wide garage sale, April 30 and 31, 2016.

EARLY PUBLIC COMMENT

Councilman D’Amato opened the meeting to Early Public Comment; seconded by Councilwoman Hudson and carried on voice vote.

Linda Huntley, 86 Van Dam Avenue, asked about the garage sale approval and mayor noted that it is for next year with a rain date of May 7 and 8.

Ms. Huntley also asked about the Consent Agenda and the Bond Anticipation Note; this is informational item which needs to be stated on the record as to our Bond Sale on October 21.

In regard to the matter of “drones”, Councilman Dellaripa asked for it on the agenda for discussion.

Since there was no one who wished to speak under Early Public Comment, Councilman D’Amato moved that it be closed; seconded by Councilman Yazdi. and carried on voice vote.

REPORTS OF PROFESSIONALS, DEPARTMENT HEADS, COMMITTEES, LIAISON AND MAYOR’S REPORT

Municipal Clerk

Municipal Clerk stated the 911 Candlelight Ceremony will be held on September 11, 2015 at 7 p.m. at Sloan Park; there is no walk this year.

APPROVAL OF CONSENT AGENDA

Councilman Dellaripa moved for the adoption of the following consent agenda: 3

A. Adoption of Executive Session and Regular Meeting minutes August 18, 2015. B. Request from Lake Iosco Company to use Council Chambers on November 21, 2015. C. Letter from Bond Counsel Kraft & Capizzi as to the $750,000 Bond Anticipation Note Sale.

PENDING BUSINESS:

Second and final reading and Public Hearing on Ordinance No. 19-2015: Reappropriation Ordinance

AMENDING REAPPROPRIATION ORDINANCE NO. 14-2015 FINALLY ADOPTED ON JUNE 9, 2015 IN AND BY THE BOROUGH OF BLOOMINGDALE was given second and final reading and consideration for adoption at this time.

Councilman Yazdi moved that the ordinance be read by title; seconded by Councilman Costa and carried on voice vote.

The Municipal Clerk read the ordinance by title.

Councilman Yazdi moved that the meeting be open to a Public Hearing on this ordinance; seconded by Councilman D’Amato and carried on voice vote.

Since there was no one who wished to speak, Councilwoman Hudson moved that it be closed; seconded by Councilman Costa and carried on voice vote.

Councilman Costa moved for the adoption of the ordinance:

ORDINANCE NO. 19-2015 OF THE GOVERNING BODY OF THE BOROUGH OF BLOOMINGDALE

AMENDING REAPPROPRIATION ORDINANCE NO. 14-2015 FINALLY ADOPTED ON JUNE 9, 2015 IN AND BY THE BOROUGH OF BLOOMINGDALE

BE IT ORDAINED BY THE BOROUGH COUNCIL OF THE BOROUGH OF BLOOMINGDALE (not less than two-thirds of all members thereof affirmatively concurring) AS FOLLOWS:

Section One. Reappropriation Ordinance No. 14-2015 finally adopted on June 9, 2015 of the Borough of Bloomingdale, a municipal corporation of the State of New Jersey (the “Borough”) is hereby amended in its entirety to read as follows: 4

“Section 1. Pursuant to N.J.S.A. 40A:2-39, it is hereby determined that $12,901 of the proceeds of obligations originally made available pursuant to Bond Ordinance No. 27-2007 finally adopted on November 27, 2007; $8,433 of the proceeds of obligations originally made available pursuant to Bond Ordinance No. 15-2008 finally adopted on August 26, 2008; $21,650 of the proceeds of obligations originally made available pursuant to Bond Ordinance No. 17-2009 finally adopted on October 27, 2009; and $442,000 of the proceeds of obligations originally made available pursuant to Bond Ordinance No. 1-2014 finally adopted on February 18, 2014 by the Borough of Bloomingdale, a municipal corporation of the State of New Jersey (the “Borough”), are no longer necessary for the their original purposes. $484,984 is hereby reappropriated to provide for the resurfacing/paving improvements to Chestnut Street, Catherine Street, Hillside Drive, Forest Drive, Hemlock Street, Crane Avenue, Captolene Avenue, the Boque Drive/Sandra Lane intersection, Mathews Terrace, Balston Street, High Street, and the Borough Hall parking lot, and for the purchase of a Ford F350 standard cab long bed and spray-in liners, and including all work and materials necessary therefor or incidental thereto.

Section 2. The capital budget of the Borough is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith.

Section 3. This ordinance shall take effect 10 days after the first publication thereof after final adoption.”

Section Two. This amending reappropriation ordinance shall take effect10 days after the first publication thereof after final adoption.

Councilman Dellaripa seconded the motion and it carried as per the following roll call: council Members: Costa; D’Amato; Dellaripa; Hudson; Sondermeyer and Yazdi all YES.

INTRODUCTION OF NEW BUSINESS

Adoption of Resolutions No. 2015-9.1, 9.2 and 9.3: Renewal of Liquor Licenses

Councilman D’Amato offered the following Resolutions and moved for their adoption:

RESOLUTION #2015-9.1 OF THE GOVERNING BODY OF THE BOROUGH OF BLOOMINGDALE

Renewal Of Plenary Retail Consumption License For 2015-2016 (Effective July 1, 2015)

WHEREAS, the Governing Body of the Borough of Bloomingdale has been informed by the Municipal Clerk that the following names, persons and corporations have made application for the renewal of their alcoholic beverage licenses; and

WHEREAS, application for renewal of a Plenary Retail Consumption License for the 2015-2016 5

License year has been processed on the ABC POSSE website and reviewed; and

WHEREAS, said application is accompanied by the necessary fee; and

WHEREAS, the applicant has filed on line with the State of NJ ABC a copy of the application and forwarded to the State Division of Alcoholic Beverage Control, together with the necessary $200.00 fee for said Division; and

WHEREAS, a copy of the Tax Clearance Certificate has been received for the applicant from the State of New Jersey Department of Taxation; and

WHEREAS, no objections have been filed in writing with the Municipal Clerk against the granting of this renewal and no objections being heard hereto;

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Bloomingdale that the Municipal Clerk be and is hereby authorized to renew the alcoholic beverage license of the following place:

PLENARY RETAIL DISTRIBUTION

Timmy Kate Inc. #1601-33-009-003 T/A Stumble Inn 231 Hamburg Turnpike Bloomingdale, NJ 07403

Renewal Of Plenary Retail Consumption License For 2015-2016 (Effective July 1, 2015)

WHEREAS, the Governing Body of the Borough of Bloomingdale has been informed by the Municipal Clerk that the following names, persons and corporations have made application for the renewal of their alcoholic beverage licenses; and

WHEREAS, application for renewal of a Plenary Retail Consumption License for the 2015-2016 License year has been processed on the ABC POSSE website and reviewed; and

WHEREAS, a copy of the Tax Clearance Certificate has been received for the applicant from the State of New Jersey Department of Taxation; and 6

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Bloomingdale that the Municipal Clerk be and is hereby authorized to renew the alcoholic beverage license of the following place:

TRES SOMBREROS LLC #1601-33-002-008 T/A Fajitas 125 Hamburg Hamburg Turnpike Bloomingdale, NJ 07403

Renewal Of Pocket (Inactive) Plenary Retail Consumption License For 2015-2016 (Effective July 1, 2015)

WHEREAS, the Governing Body of the Borough of Bloomingdale has been informed by the Municipal Clerk that the following names, persons and corporations have made application for the renewal of their “inactive” alcoholic beverage licenses; and

WHEREAS, application for renewal of a Plenary Retail Consumption License for the 2015-2016 License year has been processed on the ABC POSSE website and reviewed; and

WHEREAS, a copy of the Tax Clearance Certificate has been received for the applicant from the State of New Jersey Department of Taxation; and

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Bloomingdale that the Municipal Clerk be and is hereby authorized to renew the “inactive” alcoholic beverage license of the following place: 7

NLS MANAGEMENT LLC #1601-33-008-012 T/A n/a 133 & 135 Main Street Bloomingdale, NJ 07403

Councilwoman Hudson seconded the motion and it carried as per the following roll call: Council members: D’Amato; Dellaripa; Hudson; Sondermeyer; Yazdi and Costa all YES.

Introduction of Ordinance No. 20-2015: Creating the position of Recreation Director and defining the duties thereof

AN ORDINANCE OF THE BOROUGH OF BLOOMINGDALE CREATING THE POSITION OF RECREATION DIRECTOR AND DEFINING THE DUTIES THEREOF

Was introduced by title by Councilman Dellaripa who moved that second and final reading and Public Hearing be held on September 22, 2015 at 7 p.m.; seconded by Councilwoman Hudson and carried on voice vote.

Adoption of Resolution No. 2015-9.4: Appointment of Rachel Bodor as Recreation Director

Councilman Sondermeyer offered the following Resolution and moved for its adoption:

Resolution No. 2015-9.4 OF THE GOVERNING BODY OF THE BOROUGH OF BLOOMINGDALE

Personnel Appointment Part-Time Recreation Director

WHEREAS, the position of part-time Recreation Director was vacated due to resignation of Gail Galbraith on September 30, 2015; and

WHEREAS, the Full-time Mayor has deemed it necessary to fill this position; and

WHEREAS, Rachel Bodor has applied for and is qualified to fill said position; and

WHEREAS, the Full-Time Mayor has recommend appointment of Rachel Bodor to the position of part-time Recreation Director; and 8

NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of Bloomingdale that Rachel Bodor be appointed to the position of part-time Recreation Director effective September 15, 2015, at an annual salary of $15,000.

Councilman Dellaripa seconded the motion and it carried as per the following roll call: council Members: Dellaripa; Hudson; Sondermeyer; Yazdi; Costa and D’Amato all YES.

Discussion regarding RC drones

Councilman Dellaripa noted that some of our residents are concerned with drones and there are privacy concerns. There was a bill passed but it was pocket vetoed; air space is federally regulated and the FAA has rules that are imposed; there are no clear guidelines re drones.

This area is so undeveloped until the federal government gives us some rules.

Mayor concurred and noted that we have to balance privacy of our residents and asked that the Borough Attorney give a formal written memo on the topic along with any ordinances.

Adoption of Resolution No. 2015-9.5: Emergency Water/Sewer repairs

Councilman Yazdi offered the following Resolution and moved for its adoption:

Declaring An Emergency For Purposes Of Awarding Contract for Natalie Court pump station; Vreeland Avenue pump station Repairs

WHEREAS, the Governing Body (“Governing Body”) of the Borough of Bloomingdale (“Borough”) finds and declares that an emergency situation has developed at Natalie Court pump station and Vreeland Avenue pump station with as to a need for repairs; and

WHEREAS, the Governing Body further finds and declares that this poses an imminent threat to the public health, safety and welfare of an emergent nature that warrants immediate remedial action; and

WHEREAS, the Governing Body further finds and declares that N.J.S.A. 40A:11-6 authorizes a municipality to negotiate and/or award a contract without public advertisement when an emergency affecting the public health, safety or welfare requires the immediate performance of services; and

WHEREAS, the Governing Body further finds and declares that the Water /Sewer Utility Department has correctly recommended that the aforementioned repairs be remediated through the award to the following which submitted the following cost estimate; 9

 Natalie Court pump station/Phil Barrett $960.00  Vreeland Ave. pump station/Phil Barrett $735.00  Vreeland Ave. pump station/Parkhurst Distribution Co. /2 HP Grinder motor $3,277.00 and;

WHEREAS, the emergency costs to be funded through the 2015 Water Utility budget;

NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of Bloomingdale does hereby declare the existence of a public emergency warranting the completion of the Vreeland Avenue and Natalie Court pump station repairs as soon as possible and does hereby award said project to Phil Barrett and Parkhurst Distribution Co.

Councilman Dellaripa seconded the motion and it carried as per the following roll call: Council Members: Hudson; Sondermeyer; Yazdi; Costa and D’Amato all YES.

Adoption of Resolution No. 2015-9.6: Chapter 159 North Caldwell Board of Education

Councilman Yazdi offered the following Resolution and moved for its adoption:

Authorizing the Insertion into the FY2015 Municipal Budget Pursuant to N.J.S.A. 40A:4-87 (Chapter 159, P.L. 1948) of a Special Item of Revenue in the Form of a State of New Jersey Interlocal Service Agreement with North Caldwell Board of Education for Construction Services

WHEREAS, the Governing Body (“Governing Body”) of the Borough of Bloomingdale (“Borough”) finds and declares that N.J.S.A. 40A:4-87 provides that the Director of the Division of Local Government Services (“Director”), within the State of New Jersey Department of Community Affairs, may approve the insertion of any special item of revenue in the budget of any county or municipality; and

WHEREAS, the Governing Body further finds and declares that N.J.S.A. 40A:4-87 provides that the Director may also approve the insertion of any item of appropriation for an equal amount; and

WHEREAS, the Governing Body further finds and declares that it is in the best interests of the citizens of the Borough to request approval of the insertion into the Borough’s FY2015 Municipal Budget of an item of revenue based upon an Interlocal Agreement secured by the Borough from the State of New Jersey; 10

NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of Bloomingdale does hereby request that the Director of the Division of Local Government Services, within the State of New Jersey Department of Community Affairs, approve the insertion into the Borough’s FY2015 Municipal Budget of an item of revenue in the sum of $1,710.00, which item is now available as revenue in the form of a State of New Jersey Current Fund – Interlocal Services Agreement with North Caldwell Board of Education for Construction Services; and

BE IT FURTHER RESOLVED that a like sum of $1,710.00 be and the same is hereby appropriated under the caption:

Interlocal Municipal Service Agreements North Caldwell Board of Education Construction Services

AND BE IT FURTHER RESOLVED that three (3) certified copies of this Resolution be forwarded to the Office of the Director of Local Government Services, within the State of New Jersey Department of Community Affairs, for this purpose.

Councilman Dellaripa seconded the motion and it carried as per the following roll call: Council Members: Sondermeyer; Yazdi; Costa; D’Amato; Dellaripa and Hudson all YES.

Adoption of Resolutions No. 2015-9.7 and 9.8: Eagle Scouts

Councilwoman Hudson offered the following resolutions and moved for their adoption:

WHEREAS, Connor Klingman has participated in the Boy Scouts of America, a national organization founded in 1910 for the purpose of assisting young boys develop character, citizenship and physical and mental fitness through training in wood, field and handicraft activities and community service; and

WHEREAS, Connor Klingman has graduated within the organization by achieving successive ranks and merit badges through his successful completion of activities intended to foster the purpose of the Boy Scouts of America, and has attained the high rank of Eagle Scout as a result; and

WHEREAS, the Governing Body of the Borough of Bloomingdale finds and declares that Connor Klingman has brought honor to his community, his family and himself through his attainment of the high rank of Eagle Scout and has distinguished himself as an example to others of what it means to be a Scout; 11

NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of Bloomingdale does hereby recognize and congratulate Connor Klingman on his attainment of the high rank of Eagle Scout; does commend to him continued participation in civic and scouting activities as a means of fulfilling his status as an Eagle Scout; and does extend to him best wishes in all of his future endeavors; and

BE IT FURTHER RESOLVED, that the Governing Body of the Borough of Bloomingdale hereby declare September 19, 2015 as “CONNOR KLINGMAN DAY” in the Borough of Bloomingdale.

WHEREAS, Nicholas Vitone has participated in the Boy Scouts of America, a national organization founded in 1910 for the purpose of assisting young boys develop character, citizenship and physical and mental fitness through training in wood, field and handicraft activities and community service; and

WHEREAS, Nicholas Vitone has graduated within the organization by achieving successive ranks and merit badges through his successful completion of activities intended to foster the purpose of the Boy Scouts of America, and has attained the high rank of Eagle Scout as a result; and

WHEREAS, the Governing Body of the Borough of Bloomingdale finds and declares that Nicholas Vitone has brought honor to his community, his family and himself through his attainment of the high rank of Eagle Scout and has distinguished himself as an example to others of what it means to be a Scout;

NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of Bloomingdale does hereby recognize and congratulate Nicholas Vitone on his attainment of the high rank of Eagle Scout; does commend to him continued participation in civic and scouting activities as a means of fulfilling his status as an Eagle Scout; and does extend to him best wishes in all of his future endeavors; and

BE IT FURTHER RESOLVED, that the Governing Body of the Borough of Bloomingdale hereby declare September 19, 2015 as “NICHOLAS VITONE DAY” in the Borough of Bloomingdale.

Councilman Dellaripa seconded the motion and it carried as per the following roll call: Council Members: Yazdi; Costa; D’Amato; Dellaripa; Hudson and Sondermeyer all YES. 12

Motion for Approval of 2016 Town wide Garage Sale

Councilman Yazdi moved that approval be given to host a Town wide Garage Sale on April 30 and 31, 2016 with a rain date of May 7 and 8, 2016; seconded by Councilman Costa and carried on voice vote.

LATE PUBLIC COMMENT

Councilwoman Hudson moved that the meeting be open to Late Public Comment; seconded by Councilman Dellaripa and carried on voice vote.

Linda Huntley, 86 Van Dam Avenue, asked about the emergency for the water and sewer bill on the agenda this evening.

Mayor Dunleavy noted that both pump stations needed new pumps and a grinder for Vreeland Avenue.

Ms. Huntley asked the Council what their feelings are on the quarry.

Councilwoman Hudson stated that she does not take this decision lightly and cannot make her decision until all the information comes in; she is not a yes or a no at this time.

Councilman Dellaripa stated that his stand has not changed at this point; see benefits and would like to see the positive and negatives written out. We hired a company that is going to do just that and he will wait until that time.

Councilman D’Amato stated that right now he is a positive in favor of it.

Ms. Huntley asked why there was no representation at the Riverdale meeting on the quarry when there were so many concerns. She said there were two meetings on this.

It was noted that Council Members Costa and Sondermeyer were there to represent the Mayor and Council.

Ms. Huntley stated that she feels the Council is no doing what she believes is due diligence for the residents in the town.

Mayor stated that the quarry is already here; we have addressed this for two years; have hired an economic development consultant who is in the process of preparing a report.

Mayor and Ms. Huntley discussed the flyer put out last year during election whereby it was indicated that this was a “done deal”; Mayor stated we are exploring the concept presented to the Borough.

Councilwoman Hudson objected to the statement that the Governing Body is not doing their due diligence; she has met with the Engineer and residents and has done her due diligence. She stated 13 that she has family obligations which come first and has received information from Council Members Dellaripa and Sondermeyer as to their attendance at the meetings.

Mayor stated that the Meer family could sell the obligation and could put it on Main Street; the property is already zoned for affordable housing.

Since there was no one else who wished to speak, Councilman Dellaripa moved that it be closed; seconded by Councilman Costa and carried on voice vote.

Authorization for Executive Session

Councilman D’Amato offered the following Resolution and moved for its adoption: Borough of Bloomingdale

Passaic County, New Jersey

~ Resolution No. 2013 –

MOTION FOR EXECUTIVE SESSION

BE IT RESOLVED by the Governing Body of the Borough of Bloomingdlae on the 8thday of September 2015 that:

1. Prior to the conclusion of this Official Meeting , the Governing Body shall meet in Executive Session, from which the public shall be excluded, to discuss matters as permitted pursuant to N.J.S.A. 10:4-12, sub-section (s):

( ) a. ( ) Confidential or excluded matters, by express provision of Federal law or State statute or rule of court.

( ) b. ( ) A matter in which the release of information would impair a right to receive funds from the Government of the United States.

( ) c. ( ) Material the disclosure of which constitutes an unwarranted invasion of x individual privacy.

( ) d. ( ) A collective bargaining agreement including negotiations.

( ) e. ( ) Purchase, lease or acquisition of real property, setting of banking rates or investment of public funds, where it could adversely affect the public interest if disclosed.

( ) f. ( ) Tactics and techniques utilized in protecting the safety and property of the public, if disclosure could impair such protection. Investigation of violations of the law. 14

( x ) g. (1 ) Pending or anticipated litigation or contract negotiations other than in subsection b. (4) herein or matters falling within the attorney-client privilege.

( ) h. ( ) Personnel matters.

( ) i. ( ) Deliberations after a public hearing that may result in penalties.

2. The time when the matter(s) discussed pursuant to Paragraph 1 hereof can be disclosed to the public is as soon as practicable after final resolution of the aforesaid matter(s).and certified as a true copy of an original.

Councilman Costa seconded the motion and it carried on voice vote.

(At this time, the Mayor and Council went into Executive Session)

RECONVEND

Mayor Dunleavy reconvened the meeting at this time and noted that no action was taken during the Executive Session.

ADJOURNMENT

Since there was no further business to be conducted, Councilman D’Amato moved to ADJOURN At 8:17 p.m.; seconded by Councilman Yazdi and carried on voice vote.

Jane McCarthy, RMC Municipal Clerk