Salute to the American Flag s3

August 18, 2015

The Regular 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 7:05 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

Absent: Councilman: Ray Yazdi (Excused)

Professionals Municipal Clerk: Jane McCarthy, RMC Present: Borough Attorney: Fred Semrau, 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.

NON AGENDA ITEMS

Mayor Dunleavy noted that we will discuss the following Non-Agenda items later in the meeting:

 Fire Department application  Approval of Executive Session Minutes

PRESENTATION

At this time, Greg Goeliner, resident of Bloomingdale was in attendance to discuss working with the Coalition against the Pilgrim Pipeline and read a statement into the record. It was noted that the Mayor and Council already passed a resolution opposing the pipeline but Mr. Goeliner stated that they are asking municipalities to pass an ordinance which has more “teeth” to it.

Ken Doske of Parsippany, NJ stated the pipeline would have to ask for some kind of variance or permit.

Borough Attorney stated that we have prepared a draft ordinance consistent with their request; if the Governing Body is interested in doing this, he said they should do it sooner or later.

Consensus that an ordinance will be introduced by title and it will be scheduled for second and final reading on October 20, 2015 at 7 p.m. The Planning Board has 35 days to review it. 2

AN ORDINANCE OF THE BOROUGH OF BLOOMINGDALE, IN THE COUNTY OF PASSAIC AND STATE OF NEW JERSEY, AMENDING CHAPTER 92, “ZONING,” ARTICLE V, “REGULATIONS GOVERNING CERTAIN USES,” SECTIONS 92-26, “MISCELLANEOUS USES” OF THE CODE OF THE BOROUGH OF Bloomingdale was introduced by title by Councilman Dellaripa who moved that second and final reading and public hearing be held October 20, 2015 at 7 p.m.

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

EARLY PUBLIC COMMENT

Councilman D’Amato moved that the meeting be open to Early Public Comment; seconded by Councilman Costa and carried on voice vote.

Linda Huntley, 86 Van Dam Avenue, asked if there was going to be a fall cleanup this year.

Mayor Dunleavy stated that we never have a fall cleanup; we have a river cleanup which was scheduled for October 22; the Passaic River Coalition has declined to do it this year, so there will be no river cleanup.

Discussion followed as to donations given out to various groups during the year for cleanup; $1,000 to BBYC who cleanup after the games at DeLazier field and the $500 to Extreme Baseball.

Ms. Huntley spoke in regard to the letter the Mayor sent out with the tax bill and she felt the amount stated as to Avalon Bay payment was stated as $414,000 and should have been $449,633.50; where is the other $35,000. Discussion followed and Ms. Huntley disputed some of the statements made in the letter as to without the Avalon Bay money it was stated taxes would increase $300; she felt this isn’t true as you would have to be under the CAP.

Mayor stated that this is a revenue which helped to stabilize our taxes; discussion followed in regard to debt and Mayor stated that is outlined in the Annual Financial Statement.

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

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

Municipal Clerk

Candlelight Walk – Municipal Clerk stated that there will be a ceremony for the Candlelight Walk; we will finalize it after the Butler Council meets this evening; it will be on the website.

Borough Attorney

Affordable Housing

Borough Attorney stated that we have filed our motions for protection on our Affordable Housing obligation.

Foreclosures

Borough Attorney stated that this should be finished by the fall.

Ehrenburg v. Borough of Bloomingdale

Borough attorney stated that this is still on-going; the only items left is the “conspiracy theory” that the Mayor and former Councilwoman Huntley conspired to terminate Mr. Ehrenburg. 3

Mayor’s Report

Recreation Director

Mayor noted that Gail Galbraith has submitted her resignation but will be here until September 22, 2015 as she is moving to Florida; she will stay on until the end of October to help train someone.

Board of Education

Councilman Dellaripa stated that at the Board of Education meeting, they mentioned that the Borough is assisting them with a grant they are applying for. Mayor stated that it is a program to help fund someone in Finance or various fields in a work-type program.

Leak Study

Mayor stated that the study has been completed and we are analyzing it; we found a total of nine leaks which we are losing 90 mil gals of water per year amounting to $100,000 in lost revenue. We are losing about 120,000 of saleable water. All repairs were done by our staff the same day.

Freeholder Meeting

Mayor stated that we hosted a Freeholders meeting last Tuesday whereby they recognized two local businesses LaNeve Auto and Van Riper Electric. They also presented us with a check for $99,000 for the Walter T. Bergen drainage project. They also have us an historic map of the County along with a posted of the Friendship Park improvements.

DeLazier Field Grandstands

Mayor noted that this is 95% completed and there is a change order on this evening.

Walter T. Bergen Walking Tract

This project was started last Saturday and will be completed by next Friday.

Paving

All other paving has started and Martha B. Day is part of the town wide paving.

Star Lake water lines

The storm water will be done before the winder; lines are being cameraed today. Paving will not be done until the spring.

Sloan Park

Mayor stated that he will have a conference call this Wednesday; largely in hands of the DEP at this point.

Pride Day

Mayor stated that Pride Day is September 26, 2015 from 12-5; interested vendors should contact him.

Council Report

Fire Department

Councilman D’Amato stated that the Annual Kochka run and Cruise night will be held on September 25 and 26. There will be food, music, etc. 4

APPROVAL OF CONSENT AGENDA

Councilwoman Hudson moved that the following Consent Agenda be approved:

A. Adoption of Minutes: Regular Meeting July 21, 2015; Executive Session June 23, 2015 and July 21, 2015

B. Adoption Resolution No. 2015-8.1: Senior Citizen Week

RESOLUTION #2013-8.1 OF THE GOVERNING BODY OF THE BOROUGH OF BLOOMINGDALE

Senior Citizen Week – August 16, 2015 to August 22, 2015

WHEREAS, as Americans are living longer and healthier lives, the senior citizen population continues to grow; and

WHEREAS, Passaic County includes 86,403 citizens ages 60 and;

WHEREAS, the Borough of Bloomingdale Governing Body is committed to valuing all individuals and recognizing their ongoing life achievements; and

WHEREAS, the older adults in Passaic County play an important role by continuing to contribute experience, knowledge, wisdom and accomplishments; and

WHEREAS, the Borough of Bloomingdale Governing Body celebrates the contributions older citizens have made throughout their lives; and

WHEREAS, these special citizens have led us through times of conflict, depression, peace, and have witnessed first-hand the milestones of our country;

NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of Bloomingdale does hereby proclaim August 16, 2015 through August 22, 215 as Passaic County Senior Ci9tizen Appreciation Week; and

BE IT FURTHER RESOLVED that the Governing Body of the Borough of Bloomingdale urges every citizen to take time this week to recognize older adults as powerful and vial citizens who greatly contribute to the community; and

BE IT FURTHER RESOLVED that the Governing body of the Borough of Bloomindale does hereby continue to recognize and celebrate Passaic County Senior Citizen Appreciation Week on an annual basis commencing the third week of August of each subsequent year; and

BE IT FURTHER RESOLVED that the Governing Body of the Borough of Bloomingdale calls upon each municipality to recognize and show appreciation for the value and contributions of the older American population during this time heretofore annually.

C. Approval of Municipal Alliance Coin Toss; September 26; 8 a.m. until 2 p.m. D. Approval of Bock Party; 21 Reeve Avenue; September 6, 2015 – 3-7 p.m. E. Letter from Jack Kraft as to joining the law firm of Waters, McPherson, McNeill, P.C. as of August 17, 2015

Councilman Dellaripa seconded the motion and it carried on voice vote. Absent: Councilman Yazdi

PENDING ITEMS

Adoption of Resolution No. 2015-8.2: Change Order GL Group

Councilman Dellaripa offered the following Resolution and moved for its adoption: 5

RESOLUTION NO. 2015-8.2 OF THE GOVERNING BODY OF THE BOROUGH OF BLOOMINGDALE

WHEREAS, a contract was awarded to GL Group, Inc., 140 Hamburg Turnpike, Bloomingdale, NJ 07403, for the DeLazier Field Bleacher Improvements; and,

WHEREAS, the Borough Engineer has advised Change Order No. 3 has been processed for this contract, which reflects an increase in the contract of $16,700 primarily due to unknown conditions making the new adjusted contract total $123,416.50; and,

WHEREAS, Borough Treasurer has certified the funds from Capital Account #C-04-55-867-35C-100;

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Bloomingdale hereby approve Change Order No. 3 and the Borough Engineer’s recommendation of the increase of $16,700 to the original contract price of $102,916.50 and to the previously approved Change Order No.1 in the amount of $3,800.00, for the adjusted contract total of $123,416.50; and,

BE IT FURTHER RESOLVED that upon approval of Change Order No. 3 authorization be and is hereby given to pay Current Estimate No. GL15-006-CO#3 in the amount of $16,700.

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

Introduction of Ordinance No. 18-2015: Certificate of Continued Occupancy for Commercial, Industrial and Residential Premises

AN ORDINANCE OF THE BOROUGH OF BLOOMINGDALE, IN THE COUNTY OF PASSAIC AND STATE OF NEW JERSEY, AMENDING CHAPTER XI, “BUILDINGS AND HOUSING,” SECTION 11-1.6, “CERTIFICATE OF CONTINUED OCCUPANCY FOR COMMERCIAL, INDUSTRIAL AND RESIDENTIAL PREMISES” OF THE CODE OF THE BOROUGH OF BLOOMINGDALE 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 Councilman Costa and carried as per the following roll call: Council Members: D’Amato; Dellaripa; Hudson; Sondermeyer; and Costa all YES. ABSENT: Councilman Yazdi

Authorization to rebid for Dodge Ram DPW Truck

Councilman Dellaripa moved for authorization to rebid for the Dodge Ram DPW Truck due to fact that no bids were received from the last bid; seconded by Councilman Costa and carried on voice vote with all Council Members present voting YES.

INTRODUCTION OF NEW BUSINESS

Resignation of Recreation Director Gail Galbraith

Councilwoman Hudson moved to accept the resignation of Recreation Commissioner Gail Galbraith with regret; seconded by Councilman Sondermeyer and carried on voice vote. ABSENT: Councilman Yazdi 6

Adoption of Resolution No. 2015-8.3: Payment of Bills

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

RESOLUTION - #2015 –8.3 OF THE GOVERNING BODY OF THE BOROUGH OF BLOOMINGDALE

Authorizing Payment of Municipal Obligations

WHEREAS, the Governing Body (“Governing Body”) of the Borough of Bloomingdale (“Borough”) finds and declares that certain municipal obligations have come due and are now payable; and

NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of Bloomingdale does hereby authorize payment of said municipal obligations, in accordance with the recommendations of the Chief Financial Officer and the Borough Treasurer, from the following accounts and in the following amounts:

WHEREAS, the Governing Body further finds and declares that said obligations have been itemized on the annexed schedules, which are hereby deemed part of this Resolution;

BILLS LIST PREPAID LIST

CURRENT 4,474,054.97 CURRENT 983,886.11 UTILITY 78,529.61 UTILITY 197,816.74 CAPITAL 38,869.38 OPEN SPACE 66,837.68 UTILITY CAPITAL 39,603.82 TRUST ACCOUNT 1,235.00 TRUST 505,333.39 RECYCLING 570.92 DOG 3,484.08 DOG TRUST 000.00 RECREATION 2,334.00 UNEMPLOY 28.28 ROSE FUND 16,136.45 CAPITAL 6,731.55 RECYCLING 700.00 WATER CAPITAL 000.00 UNEMPLOYMENT 000.00 RECREATION 80.00 SEWER ASSESSMENT 00.00 TOTAL 5,159,045.70 TOTAL 1,257,176.28

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

Appointment of Lynn Ferrara as Library Board of Trustee Member

Councilman Sondermeyer moved to appoint Lynne Ferrara as a Library Board of Trustees Member for a five-year unexpired term; term expiring 12/31/15; seconded by Councilman Dellaripa and carried on voice vote with all Council Members present voting YES. ABSENT: Councilman Yazdi

Adoption of Resolution No. 2015-8.4: Auction of vehicles

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

AUTHORIZING SALE BY ONLINE AUCTION OF BOROUGH VEHICLES

WHEREAS, the Borough of Bloomingdale has title to the following vehicles:

 2001 White Dodge Ram 3500 – 48,290 miles VIN# 3B6MF36531M575183 7

 2005 White Ford Expedition – 126,823 miles VIN# 1FMPU165X5LA66407

 2006 White Ford Crown Victoria four door – 129,390 miles VIN# 2FAFP71W76X143416

WHEREAS, the vehicles are of no useful life based upon their condition and the repairs needed and are no longer needed for public use; and

WHEREAS, the Borough wishes to dispose of the vehicles, which is municipal public property; and

WHEREAS, the Borough of Bloomindale desires to list the vehicles for sale at on an online auction hosted by GovDeals.com which sale is going to be conducted pursuant to Local Finance Notice 2008-9; and

WHEREAS, the terms and conditions of the agreement that will be entered into with the vendor are available on the vendor’s website and available in the Borough Clerk’s office.

NOW THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Bloomingdale, in the County of Passaic and State of New Jersey, that the Mayor and Borough Clerk are hereby authorized to sell the above listed vehicles described above in an online auction hosted by GovDeals.com.

Councilman Costa seconded the motion.

Councilman Sondermeyer noted that there is a company that will give us more money if they are not sold at auction; he will forward the information to the Mayor.

The motion carried on voice vote with all Council Members present voting YES. ABSENT: Councilman Yazdi

Authorization to accept the resignation of Mark Johnson and enter into severance agreement

Councilman D’Amato moved to accept the resignation of Mark Jonson along with his severance agreement; seconded by Councilman Sondermeyer and carried as per the following roll call: Council Members: Sondermeyer; Costa; D’Amato; Dellaripa and Hudson all YES. ABSENT: Councilman Yazdi

Adoption of Resolution No. 2015-8.5: Hiring of Conrad Jimenez as Police Officer

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

WHEREAS, the Administration and Governing Body have recognized that it is in the best interests of the Citizenry of the Borough of Bloomingdale to hire a new Police Officer; and

WHEREAS, the Borough has determined that it is in its best interests to hire Conrad Jimenez as a new Police Officer; and

IT IS HEREBY RESOLVED that the Borough hire Conrad Jimenez as a police officer with a starting salary of thirty-eight thousand and six hundred forty-three ($38,643.00) dollars;

BE IT FURTHER RESOLVED that Conrad Jimenez’s first day of employment shall be August 18, 2015.

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

Introduction of Ordinance No. 19-2015: Amending Reappropriation Ordinance 14-2015

AMENDING REAPPROPRIATION ORDINANCE NO. 14-2015 FINALLY ADOPTED ON JUNE 9, 2015 IN AND BY THE BOROUGH OF BLOOMINGDALE was introduced by title by Councilman Dellaripa who moved that second and final reading and Public hearing be held on September 8, 2015 at 7 p.m.; seconded by Councilman Costa and carried as per the following roll call: Council Members: D’Amato; Dellaripa; Hudson; Sondermeyer and Costa all YES. ABSENT: Councilman Yazdi

Adoption of Tax Office Resolutions 2015-8.6 through 2015-8.12:

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

RESOLUTION #2015 -8.6 OF THE GOVERNING BODY OF THE BOROUGH OF BLOOMINGDALE

Authorizing Redemption and Cancellation of Tax Title Lien Certificate #14-00023

WHEREAS, the Governing Body (“Governing Body”) of the Borough of Bloomingdale (“Borough”) finds and declares that, at the Borough Tax Sale held on December 22, 2014 a lien was sold on, 25 Pearl Street, Bloomingdale, for delinquent year 2014 Water/Sewer, and

WHEREAS, the Governing Body further finds and declares that the foregoing property is also known as Block 5055 Lot 9, owned by Michael & Annette Sanders.; and

WHEREAS, the Governing Body further finds and declares that the foregoing lien is known as Tax Title Lien Certificate (TTL) # 14-00023, which was sold to FWDSL & ASSOCIATES LP for a premium of 1,400.00; and

WHEREAS, the Governing Body further finds and declares that ROUNDPOINT MORTGAGE SERVICING CORP has requested redemption of TTL # 14-00023, and

WHEREAS, the Governing Body further finds and declares that ROUNDPOINT MORTGAGE SERVICING CORP has paid all monies due on TTL #14-00023, including supporting affidavits from the lien holder and current taxes, to the Borough of Bloomingdale;

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Bloomingdale that the Borough Treasurer be and is hereby authorized to issue checks in the amount of $1,371.15 for the lien redemption and $1,400.00 for the premium, to be made payable to FWDSL & ASSOCIATES LP, 5 Cold Hill Road South, Suite 11C, Mendham, NJ 07945 for the redemption and cancellation of Tax Title Lien Certificate # 14-00023.

1099 = $ 22.83 RESOLUTION NO. 2015-8.7 OF THE GOVERNING BODY OF THE BOROUGH OF BLOOMINGDALE

Authorizing State Tax Court Refund

WHEREAS, the Governing Body (“Governing Body”) of the Borough of Bloomingdale (“Borough”) finds and declares that on July 10, 2015 the Municipality was notified of a State Tax Court judgment, and 9

WHEREAS, the Governing Body further finds and declares that this judgment is on Block 31.01 Lot 18, known as 6 Second Street, owned by Brian Spellman

WHEREAS, the Governing Body further finds and declares that since this judgment is against the 2013 & 2014 tax assessment for taxes, and that the 2013 ($789.25) & 2014 ($800.53) taxes have already been paid by the owner, and

WHEREAS, per the directives of the STIPULATION OF SETTLEMENT filed with the STATE TAX COURT any refund of monies is to be paid to the plaintiffs’ attorney Spiotti & Esposito, PC

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Bloomingdale that the Borough Treasurer be and is hereby authorized to issue a check in the amount of $1,589.78 payable to Spiotti & Esposito, PC. 271 US Highway 46, Suite F105-106, Fairfield, NJ 07004

WHEREAS, the Governing Body (“Governing Body”) of the Borough of Bloomingdale (“Borough”) finds and declares that, at the Borough Tax Sale held on December 27, 2013, a lien was sold on, 216 Hamburg Turnpike, Bloomingdale, for delinquent year 2013 Tax, and

WHEREAS, the Governing Body further finds and declares that the foregoing property is also known as Block 3013 , Lot 4, owned by Charles & Gerd Scarmazzo; and

WHEREAS, the Governing Body further finds and declares that the foregoing lien which was sold to TOWER AS CUSTODIAN FOR EBURY with a premium of $3,000.00, and

WHEREAS, the Governing Body further finds and declares that WELLS FARGO whom represents the property owner, has requested redemption of TTL #13-00003, and

WHEREAS, the Governing Body further finds and declares that WELLS FARGO has paid all monies, to the Borough of Bloomingdale;

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Bloomingdale that the Borough Treasurer be and is hereby authorized to issue checks in the amount of $23,418.74 for the lien redemption and $3,000.00 for the premium, be made payable to TOWER AS CUSTODIAN FOR EDBURY, PO BOX 37695, BALTIMORE, MD 21297 for the redemption and cancellation of TAs Title Lien Certificate #13-00003

1099 = $2365.96

RESOLUTION #2015 – 8.9 OF THE GOVERNING BODY OF THE BOROUGH OF BLOOMINGDALE

WHEREAS, the Governing Body (“Governing Body”) of the Borough of Bloomingdale (“Borough”) finds and declares that, at the Borough Tax Sale held on December 22, 2014 a lien was sold on, 10 Jeffrey Drive, Bloomingdale, for delinquent year 2014 Tax, and

WHEREAS, the Governing Body further finds and declares that the foregoing property is also known as Block 5073 Lot 6, owned by Diana L Hurley; and 10

WHEREAS, the Governing Body further finds and declares that the foregoing lien is known as Tax Title Lien Certificate (TTL) # 14-00033, which was sold to US BANK CUST BVOO1 TRUST & CRDTRS for a premium of 20,600.00; and

WHEREAS, the Governing Body further finds and declares that Diana L Hurley has requested redemption of TTL # 14-00033, and

WHEREAS, the Governing Body further finds and declares that Diana L Hurley has paid all monies due on TTL #14-00033, including supporting affidavits from the lien holder and current taxes, to the Borough of Bloomingdale;

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Bloomingdale that the Borough Treasurer be and is hereby authorized to issue checks in the amount of $32,964.63 for the lien redemption and $20,600.00 for premium, to be made payable to US BANK CUST BV001 TRUST & CRDTRS, 50 SOUTH 16TH STREET, SUITE 2050, PHILADELPHIA, PA 19102 for the redemption and cancellation of Tax Title Lien Certificate # 14-00033.

1099 = $ 1385.56

WHEREAS, the Governing Body (“Governing Body”) of the Borough of Bloomingdale (“Borough”) finds and declares that on July 10, 2015 the Municipality was notified of a State Tax Court judgment, and

WHEREAS, the Governing Body further finds and declares that this judgment is on Block 60.01(aka 5060) Lot 17, known as 57 Main Street, owned by Pitzalis Realty Management, Inc

WHEREAS, the Governing Body further finds and declares that since this judgment is against the 2013 & 2014 tax assessment for taxes, and that the 2013 ($14,164.15) & 2014 ($29,986.50) taxes have already been paid by the owner, and

WHEREAS, per the directives of the STIPULATION OF SETTLEMENT filed with the STATE TAX COURT any refund of monies is to be paid to the plaintiffs’ attorney McCarter & English, LLP

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Bloomingdale that the Borough Treasurer be and is hereby authorized to issue a check in the amount of $44,150.65 payable to McCarter & English, LLP, Four Gateway Center, 100 Mulberry Street, PO Box 652, Newark, NJ 07102

WHEREAS, the Governing Body (“Governing Body”) of the Borough of Bloomingdale (“Borough”) finds and declares that, at the Borough Tax Sale held on December 27, 2013, a lien was sold on, 216 Hamburg Turnpike, Bloomingdale, for delinquent year 2013 Tax, and

WHEREAS, the Governing Body further finds and declares that the foregoing property is also known as Block 3013 , Lot 4, owned by Charles & Gerd Scarmazzo; and 11

WHEREAS, the Governing Body further finds and declares that the foregoing lien which was sold to TOWER AS CUSTODIAN FOR EBURY with a premium of $3,000.00, and

WHEREAS, the Governing Body further finds and declares that WELLS FARGO whom represents the property owner, has requested redemption of TTL #13-00003, and

WHEREAS, the Governing Body further finds and declares that WELLS FARGO has paid all monies, to the Borough of Bloomingdale;

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Bloomingdale that the Borough Treasurer be and is hereby authorized to issue checks in the amount of $23,418.74 for the lien redemption and $3,000.00 for the premium, be made payable to TOWER AS CUSTODIAN FOR EDBURY, PO BOX 37695, BALTIMORE, MD 21297 for the redemption and cancellation of TAs Title Lien Certificate #13-00003

1099 = $2365.96

WHEREAS, the Governing Body (“Governing Body”) of the Borough of Bloomingdale (“Borough”) finds and declares that on July 10, 2015 the Municipality was notified of a State Tax Court judgment, and

WHEREAS, the Governing Body further finds and declares that this judgment is on Block 69.01 (aka 5069) Lot 4, known as 28 Forest Drive, owned by LCL Mountaintop LLC

WHEREAS, the Governing Body further finds and declares that since this judgment is against the 2014 tax assessment for taxes, and that the 2014 ($11,715.00) taxes have already been paid by the owner, and

WHEREAS, per the directives of the STIPULATION OF SETTLEMENT filed with the STATE TAX COURT any refund of monies is to be paid to the plaintiffs’ attorney Irwin Law Firm, PA

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Bloomingdale that the Borough Treasurer be and is hereby authorized to issue a check in the amount of $11,715.00 payable to The Irwin Law Firm Att Trust, FBO LCL Mountaintop LLC, 80 Main Street, Suite 410, West Orange, NJ 07052

Adoption of Resolution No. 2015-8.13: Approval of Renewal of Liquor License Bloomingdale Fire Department; License

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

Renewal Of Alcoholic Beverage 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, said application is accompanied by the necessary fee; and 12

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

Bloomingdale Fire Department #1601-31-013-001 97 Hamburg Turnpike Bloomingdale, NJ 07403

Councilman Costa seconded the motion.

Councilman Sondermeyer noted an anonymous letter which was received as to activities allowed at the Firemen’s Hall and stated that the Fire Department hall is no Borough property and the Fire Department has all the right to do what they want at the hall; Borough has no input.

The motion carried as per the following roll call: Council Members: Sondermeyer; Costa and Dellaripa all YES. Council Members: D’Amato and Hudson, RECUSED

LATE PUBLIC COMMENT

Councilman Dellaripa moved that the meeting be open to Late Public Comment; seconded by Councilman D’Amato and carried on voice vote with all Council Members present voting YES. ABSENT: Councilman Yazdi

Linda Shortman, 2 West Shore Road, asked why minutes and video for June was not on website; Municipal Clerk stated that June should have been but she will check. Councilwoman Hudson stated that the Regular Meeting for June is on the website. Councilman Dellaripa noted that he puts the videos on Facebook and web but has had some audio problems of late and is working on it.

Mrs. Shortman also asked what is happening at Kings Corner, is it opening to which Mayor replied it is a private entity and he cannot control when they will open.

Mrs. Shortman also discussed the Certificate of Occupancy ordinance and felt it is not being done properly and the inspection is not looking at everything, it is just a quick look at the property. Discussion as to them finding illegal apartments and Mrs. Shortman stated she would like to know how many were found through the CO process.

Linda Huntley, 86 Van Dam Avenue, spoke in regard to the rebidding of the Dodge Ram truck and asked if the bid says a specific truck to which the Mayor stated that the bids say or equivalent. This was recommended by our mechanic.

Dan Hawkins, 6 Pearl Street, stated that when he bought his house in 2006 he knows for a fact that there was no fire extinguisher but nothing was put on report; also felt the $200 charge for residents is exorbitant when you charge $100 for businesses.

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

Councilman Sondermeyer reminded everyone that the hydrant flushing program will begin and schedule will be on web. 13

Authorization for Executive Session

Councilman Dellaripa offered the following Resolution and moved for its adoption: Borough of Bloomingdale

Passaic County, New Jersey

~ Resolution No. 2014 –

MOTION FOR EXECUTIVE SESSION

BE IT RESOLVED by the Governing Body of the Borough of Bloomingdale on the 18th day of August 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): 2. ( ) 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 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.

( x ) g. (2 ) Pending or anticipated litigation or contract negotiations other than in subsection herein or matters falling within the attorney-client privilege.

( x ) h. ( 1 ) Personnel matters.

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

3. 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 Sondermeyer seconded the motion and it carried on voice vote with all Council Members present voting YES. ABSENT: Councilman Yazdi

(The Mayor and Council went into Executive Session at this time)

RECONVENED 14

Mayor Dunleavy reconvened the meeting at 9:13 p.m. and noted that no action was taken during the Executive Session.

ADJOURNMENT

Councilman D’Amato moved to adjourn the meeting at 9:13 p.m.; seconded by Councilman Dellaripa and carried on voice vote with all Council Members present voting YES. ABSENT: Councilman Yazdi (Excused)

Jane McCarthy, RMC Municipal Clerk