Salute to the American Flag s2
Total Page：16
File Type：pdf, Size：1020Kb
November 12, 2013
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 7:01 p.m.
SALUTE TO THE AMERICAN FLAG
Mayor Dunleavy led the Salute to the Flag.
ROLL CALL
In Attendance: Mayor: Jonathan Dunleavy
Council Members: Mark Conklin (Entered 7:06 p.m.) John D’Amato Richard Dellaripa Linda Shortman Michael Sondermeyer Ray Yazdi
Professionals Municipal Clerk: Jane McCarthy, RMC Present: Borough Attorney: Tracy Wang, 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 January 2, 2013.
NON-AGENDA ITEMS
Mayor Dunleavy noted that the following items will be discussed later in the evening:
. Ordinance cancelling $32,000 from the balance of the Star Lake Water Tank Project . Ordinance authorizing $32,000 for purchasing water meter reading guns
EARLY PUBLIC COMMENT
Councilman D’Amato moved to open the meeting to Early Public Comment; seconded by Councilwoman Shortman and carried on voice vote. 2
(Councilwoman Shortman stepped off the dais at this time) Al Miller, 7 Mary Street, spoke in regard the item on the agenda in regard to watermain breaks for Oak Street and Leary Avenue, and asked how many of our employees worked on this break.
Mayor Dunleavy stated that we had four DPW men work over the course of the weekend; Barrett plumbing was called in due to the extent of the breaks.
(Councilman Conklin entered at this time, 7:06 p.m.)
Mayor Dunleavy noted that we applied for a community block grant to do all of Ryerson; and we applied for five roads including Oak Street for the 50% principle loan program. Hope to get that by the end of the year.
Jack Miller, Reeve Avenue, noted that Frank Neuberger was there at the watermain break running a machine. Mayor noted that men were there from Sunday afternoon until Monday afternoon.
Mr. Miller stated that he was out of water for over 20 ours.
Mayor stated that the men were working around the clock which is a safety issue; why didn’t we do something else; Mayor stated that it is the Department Heads call; he will check with Mr. DiGregorio to see what happened during that break as to the specifics who worked when, etc.
Linda Huntley spoke in regard to the transfer this evening transferring $32,000 to legal and asked why that was.
Mayor stated that that is monies we still have to pay former Borough Attorney Mark Semeraro for bills from 2011. Ms. Huntley stated that if you knew this money had to be paid, you should have anticipated that in the budget; it was then done incorrectly as it should have been in the legal budget.
Councilman Yazdi discussed the budget and reasons these bills were not paid last year.
Noted that the bond ordinance for the bleachers for DeLazier Field will be paid out of the ROSE fund; Councilwoman Shortman wanted the ordinance to state that.
In regard to ordinance No. 32-2013, Mayor stated this ordinance changes this area to a residential zone as the other are; all of Van Dam Avenue is a residential zone.
At this time, Linda Huntley spoke in regard to some political mailings where were send out about bonding which was done in 2011 which made it sound like it was inappropriate’ this was for the drainage for Van Dam plus the lights at the Walter T. Bergen School.
Linda Shortman, Kampfe Lake, read a statement in regard to the recent political flyer which was mailed out before the Election by the Democratic committee and noted that it was a blatant lie 3 and malicious attach on her character. She read a statement into the record as to what the flyer implied.
Mrs. Shortman asked the Mayor and Council were they got the information from and noted that this matter had not thing to do with her. She noted that Councilman D’Amato’s address was on it.
At this time, Councilman D’Amato stated that the Council should not speak as this is a matter for the Democratic committee. If they were wrong, he will publically apologize; the information they received seemed pretty clear.
Mrs. Shortman stated that she has lost all respect for him and this was a lie; you should have checked the facts; it was defamatory.
Mayor noted that Borough Attorney Fred Semrau will be here later and we will discuss this when he comes; Councilman D’Amato stated that he will personally write a letter of apology if he finds this was wrong.
Since there was no one who wished to speak under the Public Comment, Councilman D’Amato moved that it be closed; seconded by Councilman Dellaripa and carried on voice vote.
REPORTS OF PROCESSIONALS, DEPARTMENT HEADS, COMMITTEES, LIAISONS AND MAYOR’S REPORT
Municipal Clerk
Municipal Clerk stated that we will be tabling item 11A – Approval of delicensing of Liquor License for NLS Management, LLC until the next meeting.
Public Events
Councilwoman Shortman asked why we were not notified that the “Nightmare on Bailey Avenue” was being canceled; I think we deserved to hear this before reading it in the newspaper.
She also discussed the transfer into the Public Events line item of $6,000.
Mayor Dunleavy stated that Councilman Yazdi’s father is ill in Texas and he did not want to commit to having it and then not be able to do it; Councilwoman Shortman stated that we should still have been told it was being canceled.
Councilwoman Shortman stated that we constantly heard about how much money we paid our former Auditor; noted that he was the one who informed us of the PILOT program and to take $82,000 out of DPW; we do not talk about that. 4
Mayor’s Report
Mayor reported on the following:
In response to Councilwoman Shortman, Mayor noted that the Economic Development Committee will meet once we are ready with the redevelopment on Main Street and union Avenue.
Mayor handed out his report and went over various items which have been copied to the Governing Body.
Some of the highlights were:
There was one objector to the Sloan Park project to the DEP but the item has been addressed and cleared up Avalon Bay is 50% leased and 33% occupied; nine students in the schools, five of which were already enrolled; final building should be completed in February. Sent LOI that we will request $100,000 from DEP for stream desnagging grant Failed sidewalk on glenwild; no need for certification as it is being done by street paving Credit cards in court office by next week All Final paving by Thursday Will bid DeLazier grandstands over the winter Thank you to Municipal Clerk for Veterans Ceremony Meeting with Passaic County Improvement authority – offers financing options Review PILOT billing with Tax office so we are on line for 2014 – final amount to be determined Provided final documentation on Infrastructure DEP principal forgiveness loan; hope to know by end of next year.
Municipal Alliance
Councilman Sondermeyer stated that the Alliance is co-sponsoring a program at the school on Monday evening, 7 p.m., Walter T. Bergen on cyber bullying.
Holiday Tree Lighting
Mayor noted this will be December 8 at the Walter T. Bergen School.
APPROVAL OF CONSENT AGENDA
Councilman Conklin moved for the approval of the following consent agenda:
A. Approval of Executive Session Minutes: July 23; August 20; September 10 and October 8, 2013 5
Councilman Dellaripa seconded the motion and it carried on voice vote with Councilwoman Shortman ABSTAINING.
PENDING BUSINESS
ORDINANCES
Second and final reading and public hearing of Ordinance #32-2013: Redesignation Certain Properties as being within the R10 Zone
AN ORDINANCE OF THE BOROUGH OF BLOOMINGDALE, IN THE COUNTY OF PASSAIC AND STATE OF NEW JERSEY, AMENDING CHAPTER 92, THE ZONING ORDINANCE OF THE BOROUGH OF BLOOMINGDALE, APPENDIX B, “ZONING MAP,” TO RE-DESIGNATE CERTAIN PROPERTIES AS BEING WITHIN THE R10 ZONE 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 Conklin and carried on voice vote.
ORDINANCE 32-2013 OF THE GOVERNING BODY OF THE BOROUGH OF BLOOMINGDALE
AN ORDINANCE OF THE BOROUGH OF BLOOMINGDALE, IN THE COUNTY OF PASSAIC AND STATE OF NEW JERSEY, AMENDING CHAPTER 92, THE ZONING ORDINANCE OF THE BOROUGH OF BLOOMINGDALE, APPENDIX B, “ZONING MAP,” TO RE-DESIGNATE CERTAIN PROPERTIES AS BEING WITHIN THE R10 ZONE
WHEREAS, the entirety of Van Dam Avenue is zoned residential in the Borough of Bloomingdale, except for a portion of Van Dam Avenue which has been zoned as a business zone, although the use of these properties has always been residential; and
WHEREAS, the Borough of Bloomingdale desires to correct this error and rezone these properties as residential to reflect their correct use.
BE IT ORDAINED, by the Mayor and Borough Council of the Borough of Bloomingdale, in the County of Passaic and State of New Jersey, as follows:
SECTION 1. Chapter 92, “Zoning,” Appendix B, “Zoning Map,” of the Code of the Borough of Bloomingdale is hereby amended to include the following lots and blocks within the R10 Zone:
Block 104, Lots 11, 12, 13, 14, 15 (formerly B-1-A, Block 64, Lots 18, 19, 20, 21, 22)
SECTION 2. All ordinances or parts of ordinances of the Borough of Bloomingdale inconsistent herewith are repealed to the extent of such inconsistency. 6
SECTION 3. If any section, subsection, clause or phrase of this ordinance is for any reason held to be unconstitutional or invalid by any court or competent jurisdiction, such decision shall not affect the remaining portion of this ordinance.
SECTION 4. This law shall take effect immediately upon final passage, approval and publication as required by law.
Councilman Yazdi opened the meeting to a Public Hearing on t his ordinance; seconded by Councilman Dellaripa and carried on voice vote.
Since there was no one who wished to speak under the Public Hearing, Councilman D’Amato moved that it be closed; seconded by Councilwoman Shortman and carried on voice vote.
Councilman Yazdi moved for the adoption of t his ordinance; seconded by Councilman Dellaripa and carried as per the following roll call: Council members: Dellaripa; Shortman; Sondermeyer; Yazdi; and D’Amato all YES. Councilman Conklin, ABSTAIN
Second and final reading and public hearing of Ordinance No. 33-2013: Protect ion with Regard to the Borough Hall Oak Street
AN ORDINANCE OF THE BOROUGH OF BLOOMINGDALE, IN THE COUNTY OF PASSAIC AND STATE OF NEW JERSEY, AMENDING CHAPTER 92, “ZONING,” ARTICLE XIV, “SHADE TREES,” SECTION 92-67.3, “EXCEPTIONS,” OF THE CODE OF THE BOROUGH OF BLOOMINGDALE TO PROVIDE PROTECTIONS WITH REGARD TO THE BOROUGH HALL OAK TREE 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 Conklin and carried on voice vote.
ORDINANCE 33-2013 OF THE GOVERNING BODY OF THE BOROUGH OF BLOOMINGDALE
AN ORDINANCE OF THE BOROUGH OF BLOOMINGDALE, IN THE COUNTY OF PASSAIC AND STATE OF NEW JERSEY, AMENDING CHAPTER 92, “ZONING,” ARTICLE XIV, “SHADE TREES,” SECTION 92-67.3, “EXCEPTIONS,” OF THE CODE OF THE BOROUGH OF BLOOMINGDALE TO PROVIDE PROTECTIONS WITH REGARD TO THE BOROUGH HALL OAK TREE
WHEREAS, there is located in front of Borough Hall an Oak Tree (the “Borough Hall Oak Tree”); and
WHEREAS, the Mayor and Borough Council wish to put in certain protections for the Borough Hall Oak Tree.
BE IT ORDAINED, by the Mayor and Borough Council of the Borough of Bloomingdale, in the County of Passaic and State of New Jersey, as follows: 7
SECTION 1. Chapter 92, “Zoning,” Article XIV, “Shade Trees,” Section 92-67.3, “Exceptions,” of the Code of the Borough of Bloomingdale is hereby amended to include paragraph H to read as follows:
§ 92-67.3. Exceptions.
Trees may be removed without filing a tree removal and planting plan herein below under the following conditions: A. Any tree growing in a public right-of-way. B. Any tree growing in the following areas on a lot containing a dwelling:
(1) Within forty (40) feet of the front wall and the rear wall of the dwelling structure. (2) Within twenty (20) feet of either side wall of the dwelling structure.
(3) Within five (5) feet of any paved surface. (4) On or above any existing or proposed utility lines or septic system, provided that requisite permits are obtained. (5) On or above any surfaces which are being prepared for the immediate extension of pavement expansion, of recreation areas, installation of swimming pools, installation of outdoor sheds or garden enhancement; provided, however, that no tree shall be removed until and unless a necessary requisite permit is obtained for the construction activity. C. Likely to endanger life or property. D. Dead or diseased. E. Trees on the premises of nurseries and garden centers. F. Tree farms may remove up to but not more than thirty percent (30%) of trees from their entire tract, provided that a forest management plan, approved by the New Jersey Department of Environmental Protection, Bureau of Forestry or other professional forester has been submitted to the EEO. G. Removal of one (1) tree per residential lot per year.
H. The Oak Tree situated in front of Borough Hall may be removed only upon a determination by an arborist that the tree is diseased or unsafe and an affirmative vote by a majority of the Borough Council that the tree should be removed, except in cases of emergency where public safety necessitates the removal of the Oak Tree.
SECTION 2. All ordinances or parts of ordinances of the Borough of Bloomingdale inconsistent herewith are repealed to the extent of such inconsistency.
SECTION 3. If any section, subsection, clause or phrase of this ordinance is for any reason held to be unconstitutional or invalid by any court or competent jurisdiction, such decision shall not affect the remaining portion of this ordinance. 8
SECTION 4. This law shall take effect immediately upon final passage, approval and publication as required by law.
Councilman Yazdi moved that a Public Hearing be open on this ordinance; seconded by Councilman
Dellaripa and carried on voice vote.
Since there was no one who wished to speak, Councilman Yazdi moved that it be closed; seconded by Councilwoman Shortman and carried on voice vote.
Councilwoman Shortman moved for the adoption of this ordinance; seconded by Councilman Yazdi and carried as per the following roll call: Council Members: D’Amato; Dellaripa; Shortman; Sondermeyer; Yazdi and Conklin all YES.
Councilwoman Shortman stated that she would like to have an arborist check out the tree; Mayor will get pricing to do so.
Introduction of Ordinance No. 34-2013: Recodifying Chapter 92 Zoning, Article XIII, Soil and Soil Removal, as Chapter XXXII and by Recodifying Chapter 92, Zoning, Article XIV, Shade Trees as Chapter XXIII was introduced by title by Councilman Yazdi who moved that second and final reading and public hearing be held on November 26, 2013 at 7:30 p.m.
Councilman Dellaripa seconded the motion and it carried as per the following roll call: Council Members: Dellaripa; Shortman; Sondermeyer; Yazdi; Conklin and D’Amato all Y ES.
This will be sent to the Planning Board for their review and comments.
INTRODUCTION OF NEW BUSIENSS
Approval of Liquor License Transfer and Delicensing of NLS Management LLC – 133 and 135 Main Street
Councilman Dellaripa moved to TABLE this to the November 26, 2013 meeting; seconded by Councilman D’Amato and carried on voice vote.
Authorization to repair failed sidewalk on Glenwild Avenue
Councilman Sondermeyer moved for authorization to repair failed sidewalk on Glenwild Avenue not to exceed $7,000; seconded by Councilman Yazdi and carried on voice vote.
Adoption of Resolution No. 2013-11.1: Transfer Resolution
Councilman Yazdi offered the following resolution and moved for its adoption: 9
RESOLUTION - #2013-11.1 OF THE GOVERNING BODY OF THE BOROUGH OF BLOOMINGDALE
RESOLUTION RE: Authorizing the Transfer of 2013 Appropriations
WHEREAS, Title 40A:4-58 provides that should it become necessary during the last two months of the fiscal year to expend for any of the purposes specified in the budget an amount in excess of any respective sums appropriated therefore and there shall be an excess in any appropriation over and above the amount deemed to be necessary to fulfill the purpose of such appropriation, the Governing Body may by resolution setting forth the facts adopted by not less than 2/3 vote of the full membership thereof, transfer the amount of such excess of those appropriations deemed to be insufficient; and
WHEREAS, the Governing Body further finds and declares that the Treasurer has determined that the following transfers are both necessary and appropriate; and
NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the Borough of Bloomingdale that the Borough Treasurer is hereby authorized to make the following transfers in the FY2013 Budget.
FROM: Current Account Animal Shelter O/E 3-01-27-350-001-011 $ 15,000.00 Tax Assessor S/W 3-01-20-150-001-012 $ 15,000.00 Planning Board O/E 3-01-21-180-001-024 $ 2,000.00 Police O/E 3-01-25-240-001-055 $ 1,300.00 DCRP 3-01-36-477-001-100 $ 3,000.00 GAS 3-01-31-446-001-100 $ 3,000.00 TOTAL $ 39,300.00
TO:
Legal O/E 3-01-20-150-001-028 $ 32,000.00 Police O/E 3-01-25-240-001-085 $ 1,300.00 PUBLIC EVENTS 3-01-30-420-001-100 $ 6,000.00 TOTAL $ 39,300.00
From: Water S/W 3-09-55-501-001-011 $ 50,000.00
To: Water O/E 3-09-55-501-001-233 $ 50,000.00 10
Councilman Dellaripa seconded the motion and it carried as per the following roll call: Council Members: Shortman, NO; Sondermeyer, YES; Yazdi, YES; Conklin, YES; D’Amato, YES and Dellaripa, YES.
Adoption of Resolution No. 2013-11.2: Declaring an Emergency for Water Service Repairs on Reeve, Leary and Oak Street
Councilman D’Amato offered the following Resolution and moved for its adoption:
RESOLUTION No. 2013-11.2 OF THE GOVERNING BODY OF THE BOROUGH OF BLOOMINGDALE
Declaring An Emergency For Purposes Of Awarding Contract for Reeve, Leary and Oak Street Water Service Repairs
WHEREAS, the Governing Body (“Governing Body”) of the Borough of Bloomingdale (“Borough”) finds and declares an emergency situation has developed with a water service repairs on Reeve, Leary and Oak Street; 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 Utility Department, acting in the reasonable belief that an emergency affecting the public health, safety and welfare requires immediate remedial action without public advertisement for services;
WHEREAS, the Governing Body further finds and declares that the Water Utility Department has correctly recommended that the aforementioned water service repairs be remedied through 11 the award to John Barrett Inc., 38 Main Street, Bloomingdale, NJ 07403 who submitted the following cost estimate:
John Barrett, Inc. $ 7,200.00 Water Works $ 1,088.21
And:
WHEREAS, the emergency costs to be funded through the 2014 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 Reeve, Leary and Oak Street Water Service repairs as soon as possible and does hereby award said project to the entities mentioned above.
Councilman Yazdi seconded the motion.
Councilwoman Short man asked why we did not bring in more help to expedite the repair; Mayor stated that we called in Barrett Plumbing along with DPW men and they were there for three consecutive days.
The motion carried as per the following roll call: Council Members: Sondermeyer, YES; Yazdi, YES; Conklin, NOP; D’Amato, YES; Dellaripa, YES and Shortman, NO.
Discussion in regard to PSE&G Service Contract
Mayor stated that he is looking into a PSE&G service contract at a cost of $432 annually; waiting for the final documentation and this will be on a going forward basis for coverage.
Introduction of Ordinance No. 35-2013: Introduction of Bond Ordinance providing for the purchase and installation of bleachers at DeLazier Field
BOND ORDINANCE PROVIDING FOR THE RESTORATION OF CONCRETE GRANDSTANDS AT DELAZIER FIELD IN AND BY THE BOROUGH OF BLOOMINGDALE, NEW JERSEY, APPROPRIATING $200,000 THEREFOR, INCLUDING A GRANT IN THE AMOUNT OF $125,000 EXPECTED TO BE RECEIVED FROM THE PASSAIC COUNTY OPEN SPACE TRUST FUND AND THE LOCAL OPEN SPACE TAX KNOWN AS THE ROSE FUND AND AUTHORIZING THE ISSUANCE OF $71,000 BONDS OR NOTES OF THE BOROUGH TO FINANCE PART OF THE COST THEREOF was introduced by title by Councilman Conklin who moved that second and final reading and public hearing be held on November 26, 2013 at 7:30 p.m.
Councilman Yazdi seconded the motion. 12
Councilwoman Shortman stated that this is with the intention that it will be paid out of the ROSE fund.
Councilman Dellaripa amended the motion to include that wording; seconded by Councilman Conklin and it was carried as per the following roll call: Council Members: Yazdi; Conklin; D’Amato; Dellaripa; Shortman and Sondermeyer all YES.
Introduction of Ordinance No. 36-2013: Appropriating a $72,700 Plan Performance Grant expected from State of NJ Highland Water Protection and Planning Council
ORDINANCE APPROPRIATING A $72,700 PLAN CONFORMANCE GRANT EXPECTED TO BE RECEIVED FROM THE STATE OF NEW JERSEY HIGHLANDS WATER PROTECTION AND PLANNING COUNCIL was introduced by title by Councilman Yazdi who moved that second and final reading and public hearing be held on November 26, 2013 at 7:30 p.m.
Councilman Dellaripa seconded the motion and it carried as per the following roll call: Council Members: Conklin; D’Amato; Dellaripa; Shortman; Sondermeyer and Yazdi all YES.
Adopt ion of Resolution No. 2013-11.3: Ratification of White Collar Contract
Councilman Yazdi offered the following Resolution and moved for its adoption: RESOLUTION #2013-11.3 OF THE GOVERNING BODY OF THE BOROUGH OF BLOOMINGDALE EXECUTING THE AGREEMENT BY AND BETWEEN THE BOROUGH OF BLOOMINGDALE AND COMMUNICATIONS WORKERS OF AMERICA AFLCIO, LOCAL 1032, WHITE COLLAR UNIT, JANUARY 1, 2013 THROUGH DECEMBER 31, 2015
WHEREAS, the White Collar Unit employees of the Borough of Bloomingdale are represented by the Communications Workers of America, AFLCIO, Local 1032; and
WHEREAS, the Borough and the White Collar Unit had in place a Collective Bargaining
Agreement for the period, January 1, 2007 through December 31, 2012; and
WHEREAS, upon expiration of that Agreement, the Borough and the Union entered into negotiations for a new Collective Bargaining Agreement; and 13
WHEREAS, due to the efforts by the representatives of the Borough and the Union, the parties were able to come to an agreement for a new contract with terms agreeable to both parties; and
WHEREAS, the new Collective Bargaining Agreement is for the period, January 1, 2013 through December 31, 2015; and
WHEREAS, the Agreement has been presented to, reviewed and was ratified by the members of the White Collar Unit on November 1, 2013; and
WHEREAS, the Borough desires to execute the Agreement with the Union.
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 and directed to execute the Agreement by and between the
Borough of Bloomingdale and Communications Workers of America, AFLCIO, Local 1032,
White Collar Unit, January 1, 2013 through December 31, 2015.
BE IT FURTHER RESOLVED that a copy of this Resolution shall be posted at the
Borough of Bloomingdale, and a copy thereof delivered to each Borough employee that is a member of the White Collar Unit within five (5) days of this Resolution.
Councilman D’Amato seconded the motion.
Councilwoman Shortman thanked Councilman Dellaripa and Attorney Tracy Wang for their work in negotiating this contract and also the negotiating team.
This is a three year contract expiring in 2015.
The motion carried as per the following roll call: Council Members: D’Amato; Dellaripa; Shortman; Sondermeyer; Yazdi and Conklin all YES.
Adoption of Resolution NO. 2013-11.4: 14
Councilman Yazdi offered the following resolution and moved for its adoption:
BOROUGH OF BLOOMINGDALE
PASSAIC COUNTY, NEW JERSEY
RESOLUTION NO. 2013-11.4
Resolution Re: Authorizing the Cancellation of Utility Capital Ordinances
WHEREAS, there appears open of record unexpended balances on certain ordinance appropriations in the Utility Capital Fund, and
WHEREAS, the capital projects have been completed, and
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Bloomingdale, County of Passaic, New Jersey, that the following ordinance appropriation balances in the Utility Capital Fund be cancelled of record.
Cancelled Ord. to Fund No. Improvement Description Balance 2-2002 Star Lake Water Tank Improvements $32,000.00
Councilman Dellaripa seconded the motion and it carried as per the following roll call: Council Members: Dellaripa; Shortman; Sondermeyer; Yazdi; Conklin and D’Amato all YES.
Introduction of Ordinance No. 37-2013:
ORDINANCE APPROPRIATING $32,000 TO PROVIDE FOR THE PURCHASE OF METERS, NEW METER READER GUNS AND OTHER RELATED EQUIPMENT AND FIRE HYDRANTS IN AND BY THE BOROUGH OF BLOOMINGDALE, NEW JERSEY was introduced by title by Councilman Yazdi who moved that second and final reading and public hearing be held on November 26, 2013 at 7:320 p.m.
Councilman Dellaripa seconded the motion and it carried as per the following roll call: Council Members: Shortman; Sondermeyer; Yazdi; Conklin; D’Amato and Dellaripa all YES.
LATE PUBLIC COMMENT 15
Councilman D’Amato opened the meeting to late public comment; seconded by Councilman Yazdi and carried on voice vote.
Al Miller, 7 Mary street, spoke in regard to Butler reading our meters; Mayor stated we pay them to read by we pay for the equipment. Also spoke in regard to stone curbing and the paving by the construction office and felt we did not need stone curbing.
Mayor noted this was authorized on June 21 in the capital ordinance and part of the $230,000; the stone curbing gives a nice appearance and pride to the Municipal Building.
Jack Miller, reeve Avenue, asked about the DEP permits which we applied for; Mayor stated that we have some of them; we have been working on the project in Sloan Park which took two years; they are all in the hands of the DEP now for approval.
Mr. Miller requested copies of the DEP permits and correspondence for his file.
He also stated that you need to keep a check on the hours put in by the DPW and Water/Sewer employees on overtime in regard to safety condition.
Linda Huntley, 86 Van Dam Avenue, spoke in regard to the transfer resolution that was on the website and was different from this evenings.
Mayor noted that they are put on as a courtesy and changes are made before a meeting.
Tom Prentzel, Kampfe Lake, spoke in regard to the monies expended on the lawsuit brought by DelGuidice against the town and he has caused a split in the Borough over this issue.
Since there was no one else who wished to speak under Public Comment, Councilman Dellaripa moved that it be closed; seconded by Councilman D’Amato and carried on voice vote.
Authorization for Executive Session
Councilman Dellaripa offered the following resolution and moved for its adoption:
Borough of Bloomingdale
Passaic County, New Jersey
~ Resolution No. 2013 – 16
MOTION FOR EXECUTIVE SESSION
BE IT RESOLVED by the Governing Body of the Borough of Bloomingdale on the 12th day of November, 2013 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 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. (4 ) 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 Yazdi seconded the motion and it carried on voice vote.
(At this time, the Mayor and Council went into Executive Session)
RECONVENED 17
Mayor Dunleavy reconvened the meeting at 9:10 p.m. 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 9:10 p.m.; seconded by Councilwoman Shortman and carried on voice vote.
Jane McCarthy, RMC Municipal Clerk