November 2, 2011

Hawthorne, NJ

The Regular Meeting of the Municipal Council of the Borough of Hawthorne was held on the above date at 8:19 p.m., in the Council Meeting Room of the Municipal Building, 445 Lafayette Avenue, Hawthorne, New Jersey. Present were Council President Matthews, Council Vice President Bertollo, Councilpersons Bennett, Lane, Mele, Sinning and Wojtecki. Also present were Mayor Goldberg, Director of Revenue and Finance Hewitt, Borough Administrator Maurer,Borough Attorney Pasquale, Borough Engineer Boswell, and Borough Clerk Witkowski.

FLAG SALUTE

Council President Matthews invited all present to join him in the flag salute.

STATEMENT

Adequate notice of this meeting has been provided by the Annual Schedule of regular meetings heretofore adopted and posted on the Public Bulletin Board at the Municipal Building, emailed to the Hawthorne Press, Herald News, Record, The Gazette and all persons who have requested the mailing of such schedule, and a copy of said schedule has remained on file in the office of the Borough Clerk from and since December 15, 2010.

Council President Matthews thanked the Administration for their efforts during and after Saturday’s snow storm as well as the Police and Fire Departments, the Office of the Emergency Management and the volunteer organization, CERT. He also asked Administrator Maurer to follow-up with PSE&G as to their lack of response to our phone calls and the status of restoring power to those affected as well as how these situations will be handled and corrected in the future.

APPROVAL OF MINUTES

Council President Matthews entertained a motion to approve the minutes of the Regular Meeting of October 19, 2011, Bid Minutes of October 27, 2011 for the Purchase of Gasoline; and Bid Minutes of October 28, 2011 for RFP for Road Repairs, moved by Councilman Mele, seconded by Councilman Sinning. On roll call, all said yes.

PUBLIC COMMENT (Agenda Items Only)

Council President Matthews opened the meeting to the public. He stated if anyone desired to be heard, please raise your hand to be recognized, come forward to the microphone state your name and address and sign the sheet for the record. He stipulated this be for agenda items only.

Council President Matthews entertained a motion to close the public portion, moved by Councilman Sinning, seconded by Council Vice President Bertollo. On roll call, all voted yes.

ADOPTION OF ORDINANCES

ORDINANCE No. 2055-11

AN ORDINANCE TO FURTHER AMEND AND SUPPLEMENT CHAPTER 505 OF THE CODE OF THE BOROUGH OF HAWTHORNE VEHICLES AND TRAFFIC SO AS TO DESIGNATE A STOP INTERSECTION AT FOREST AVENUE AND CENTRAL AVENUE AND REVISE ARTICLE X, SCHEDULES, SO AS TO ADD THERETO THE SAID LOCATION

Public Hearing took place at October 19, 2011 meeting.

Motion was moved by Councilman Sinning, seconded by Councilman Wojtecki. Council President Matthews asked if there was any discussion. On roll call, all voted yes.

OLD BUSINESS

Council President Matthews asked if there was any old business to discuss.

Councilman Bennett asked Administrator Maurer if there has been a reply from New Jersey Transit on the catch basin at the train station. Administrator Maurer responded a representative was sent out and took pictures of the area but they have not indicated how and when they will handle the problem.

Councilman Lane asked Administrator Maurer if he had received any feedback from the county in regards to the speed limit on Rea Avenue Extension. Administrator Maurer replied he had not. Councilman Lane also asked Administrator Maurer if he and the Police Department could look intothe parking problems on and around South, Llewellyn, and Tuxedo Avenues near Lafayette Avenue when patrons are visiting businesses there. Administrator Maurer replied yes. Councilman Lane asked the status of the county repairing the road at the curve on Warburton Avenue. Mayor Goldberg indicated the county has forwarded the request to New Jersey Transit. Administrator Maurer indicated he will follow up.

Council Vice President Bertollostated Police Chief Scully forwarded a six-month police report of the calls on Route 208 which includes a tremendous amount of calls on disabled vehicles and accidents. Once data is compiled he will pass along to Administrator Maurer, Public Safety and the Finance Committee to discuss what this is costing us. Mayor Goldberg responded we will request a meeting with the local state police barracks to inquire why we are there more often than they. Council Vice President Bertollo commented the meeting should also include the surrounding communities to boost support.

Councilman Sinningstated construction items have been left on Pasadena Place. Engineer Boswell indicated he would contact the contractor to return and pick them up.

Councilman Wojteckiasked Engineer Boswell how the voting went at the bank stabilization hearing. Engineer Boswell stated Rea and Warburton Avenue bridges and the bank stabilization were approved. Also, the commission will have to approve the color of the selected concrete and we will have to restore the historic railing as close to original as possible with meeting fall protection standards.

Councilman Wojtecki asked the status of correcting the lights at the Nissan dealership which are pointing at Route 208. Councilman Lane interjected there used to be shields on these lights some years ago which are rented lights from PSE&G. Administrator Maurer indicated he would follow up with Nissan. The sink holes on Thomas Road have increased and are moving toward Wagaraw Road. Administrator Maurer indicated that Mr. Thomas has been contacted about this matter and will follow up again. Items are left in the woods from the DVRT Run. Administrator Maurer will forward this information to Lt. Carbone.

Council President Matthews asked if there was any other old business to discuss. None was raised.

NEW BUSINESS

Council President Matthews asked if there was any new business to discuss.

Councilman Wojtecki stated the asphalt repair to the bridge on Wagaraw Road by Bottagra Restaurant has a large hole in the center. Engineer Boswell will this address tomorrow.

Council President Matthews asked if there was any additional new business to discuss. No additional new business was raised.

ADMINISTRATIVE AGENDA PRESENTED BY THE MAYOR

Mayor Goldbergthanked all involved in responding to the storm over the weekend. During the storm, the Police Department responded to over 1,000 calls an hour prompting additional dispatchers and officers having to come in. Although we escaped major damage, power was lost in some areas and many tree limbs are down all over town. Anyone still without power is asked to call the police desk who will notify PSE&G. Cablevision was restored last night with the power. Thank you to Joe Ross and John Lane for cutting and removing the tree that was blocking his car. Congratulations to Ex-Assistant Chief Robert Shannon who retired from the Fire Department after 50 years of service. Congratulations to the Police Department for receiving the Award of Excellence from AAA of North Jersey, they were the only town chosen from Passaic County, and one of eleven awards given among four counties, the Traffic Department and Pedestrian Safety was recognized as well. Happy birthday to Hawthorne resident Ruth L. McDonald who turns 100 on October 25th. Tomorrow First Lady Mary Pat Christie will visit Jefferson Elementary School and the autism program. Yesterday was the ground breakingat 55 Westervelt Place, construction start is within two weeks pending permits. The Flu Clinic is November 9th in the court room from 9:00 a.m. to 1:00 p.m. and is available to Hawthorne residents age 65 and over, pre-registration is required by the Board of Health, information can be found on our website: Veteran’s Day ceremony will take place on 11-11-11 at 11:00 a.m. in front of Borough Hall. A street dedication will also take at 12:30 p.m. at the corner of Tuxedo and Grand Avenues for cousins Russell and Theodore Van Atta who died in the Korean War. The Louis Bay 2nd Library is updating the Patriot Wall of Honor to recognize all servicemen and women from our area who were or are presently stationed overseas in any military capacity; please fill out forms and submit to the library. The computer servicing our bulletin board channel is currently under repair and expected to be back in service soon. Tuesday, November 8th is Election Day and everyone is encouraged to exercise their constitutional right and vote.

Mayor Goldberg called upon Director of Revenue and Finance Hewitt for her report.

Director of Revenue and Finance Hewitt reported on the following:

The tax quarter began yesterday, preliminary numbers show approximately six million dollars brought in thus far. Taxpayer’s deadline is the 10th of November to avoid interest reverting back to the 1st. The tax sale took place on October 25th where all but one item (disputed item) was sold to outside lien holders. The Fire Department clothing allowance was submitted and should be included next payroll. Administrator Maurer and Ms. Hewitt are working on preliminary documents for the budget reports.

This concludedDirector of Revenue and Finance Hewitt’s report.

Mayor Goldberg called upon Attorney Pasquale for his report.

Attorney Pasquale reported on the following:

There has been no movement or progress in the tax courts with over 250 cases on the calendar, Hawthorne remains with twenty-five cases, we are attempting to meet with attorneys to try to settle them directly. The Gialanella lawsuit matter is still pending due to rescheduled depositions. Last week’s Pan Chemical court date was adjourned at the property owners request and rescheduled for the week of November 15th. The complaint against Pan Chemical and One Washington Holdings has been drafted and will be filed by Friday.

This concluded Attorney Pasquale’s report.

Mayor Goldberg called upon Engineer Boswell for his report.

Engineer Boswell reported on the following:

Library Roof –The contractor has started working on the roof improvements. A reduced costof $19,000 (from $32,000) to address the window area/glass block has been provided to the borough. Total contract amount has been reduced from $155,000 to $131,000 inclusive of glass block, if approved.

Royal Avenue Proposal – Survey work has been completed and designof the 36” pipe is proceeding.

Mohawk Avenue (2011 NJDOT Local Aid) – Revised and additional crosswalk signage to be installed shortly.

2011 Road Program – The additional sidewalks have been completed. Pavement texturing for North Watchung Drive is last item to complete.

UST Underground Monitoring – The project closeout remains on hold, pending ordinance.

Christian Health Care Center –The planner provided testimony at the October 24th Special Meeting and is expected to continue at the December 5th Special Meeting.

Goffle Brook Bank Stabilization –Reported earlier in old business.

Highview Terrace and Brockhuizen Lane Blow Outs – Resolution R226-11 addresses quotes from Collonnelli Bros. ($27,200) and Cifelli & Son ($28,000) to address these two (2) areas.

Pool Leaks – The area of the pool experiencing the leak is associated with the deep end of the pool and located near an existing sanitary manhole. Working with Department of Public Works Director Clementi to excavate and resolve.

Drainage Improvements Project – Project needs to be closed out in order to receive reimbursement of $300,000 from the NJDOT, close out documentation is due within 6 months (Jan. 3, 2012) for reimbursement. We are working to resolve issue with Stacey Contracting and finalization of paperwork, they would not want a liquidated damages assessment on their bonding application. Attorney Pasquale interjected there is a good chance we will resolve this matter.

This concluded Engineer Boswell’s report.

Mayor Goldberg called upon Administrator Maurer for his report.

Administrator Maurerreported on the following:

Clean up from the storm continues, crews are out trimming branches, fallen branchesand collecting debris. Clean-up should be completed by the end of next week. Cooperation would be appreciated in assisting by bringing branches and limbs to the curb by Monday. The Congress Mills demolition is progressing slowly as they continue to remove inside items, PSE&G needs to resolve electrical items before permits can be issued. Our electrical inspector is in contact with PSE&G. No bids were received for the purchase of gasoline; we are working to negotiate with private entities as well as Passaic County and the use of their tank at the park garage for an additional cost savings. The 2012 Cab Chassis and Roll-off Hoist will be awarded by the next council meeting.

This concluded Administrator Maurer’s report.

Council President Matthews asked if there were any questions for the Administration.

Council President Matthews asked if there were any other questions for the Administration. Council Vice President Bertollo asked Engineer Boswell the outcome of the crosswalk by Washington Elementary School, North Watchung. Engineer Boswell replied it would look into it and report back.

Councilman Mele asked Engineer Boswell if the pool leak is a small or large one. Councilman Lane asked if it would be repaired with a slip line. Engineer Boswell stated the area is under a lot of concrete and will be determined once they excavate and will not be repaired with a slip line.

Councilman Bennett asked Engineer Boswell when we can expect the specs on the Royal Avenue culvert to send out for bid. Engineer Boswell replied four weeks.

Council President Matthews asked Engineer Boswell what was the alternative to the glass block for the library. Engineer Boswell replied a curtain wall which is a storefront type glass wall with aluminum frame.

Council President Matthews entertained a motion to record the Administrative Agenda, moved by Councilman Wojtecki, seconded by Councilman Sinning. On roll call, all voted yes.

INTRODUCTION OF ORDINANCES

None.

CONSENT AGENDA R 221-11 through R 226-11

R 221-11Resolution, introduced by Councilman Mele

Resolved: To ratify the actions of the Municipal Council of the Borough of Hawthorne payroll dated October 21, 2011.

CURRENT FUND / WT 888889 / $ 248,567.08
WATER OPERATING FUND / WT 888889 / $ 40,396.47
OTHER TRUST II FUND / WT 888889 / $ 5,041.84
TOTAL PAYROLL / $ 294,005.39
CURRENT FUND TO PAYROLL/FICA / WT 888889 / $ 10,235.11
WATER OPERATING FUND TO PAYROLL/FICA / WT888889 / $ 3,910.62
TOTAL FICA / $ 14,145.73

R222-11Resolution, introduced by Councilman Mele

WHEREAS, Tax Sale Certificate #2010-19 was sold on September 28, 2010 in the amount of $1,139.99 on Block 35 Lot 27.01 then assessed to Lyons, Jeremy and said lien was originally purchased by Superior Tax Liens LLC 7 Riveredge Dr., Fairfield, N.J. 07004, and

WHEREAS, said lien was redeemed on Oct. 6, 2011 in the amount of $5,434.30, said lienholder is entitled to a refund including the amount of the lien $1,139.99, penalty of $22.80, interest of $212.10, search, recording fee of $55.00, subsequent taxes of $3,518.48 and interest on subsequent of $485.93 for a total of $5,434.30 and

NOW, THEREFORE, BE IT RESOLVED, that the Collector of Taxes recommends that a check be issued by the Treasurer from the Other Trust II/Trustee Account to Superior Tax Liens LLC in the amount of $5,434.30 to reimburse the lienholder for the lien, penalty, fees, interest, subsequent taxes and interest on subsequents.

R 223-11Resolution, introduced by Councilman Mele

WHEREAS, Tax Sale Certificate #2010-15 was sold on September 28, 2010 in the amount of $6,470.48 on Block 258 Lot 13 then assessed to Estate of Donna Schutte and said lien was originally purchased by Robert DelVecchio Pension Trust, P.O. 196, Hawthorne, NJ 07507, and

WHEREAS, said lien was redeemed on Oct. 11, 2011 in the amount of $21,618.71, said lienholder is entitled to a refund including the amount of the lien $6,470.48, penalty of $258.82 , search and recording fee of $55.00, subsequent taxes of $13,211.70 and interest of $1,632.71 for a total of $21,618.71 and

NOW, THEREFORE, BE IT RESOLVED, that the Collector of Taxes recommends that a check be issued by the Treasurer from the Other Trust II/Trustee Account to Robert DelVecchio Pension Trust in the amount of $21,618.71 to reimburse the lienholder for the lien, penalty, fees, subsequent taxes and interest and a check from the Other Trust I account for $5,000.00 for Premium paid.

R 224-11Resolution, introduced by Councilman Mele

WHEREAS, the Borough of Hawthorne has need of outside services for snow plowing for 2012 and 2013; and

WHEREAS, bids were received on October 13, 2011, and the Administration and Director of Public Works recommend the award of contract to the lowest bidder as follows:

Downes Tree Service

65 Royal Avenue

Hawthorne, New Jersey

Trucks offered as needed:

20122013

3 Large Trucks at $135.00 per hour3 Large Trucks at $140.00 per hour

3 Small Trucks at $100.00 per hour3 Small Trucks at $105.00 per hour

NOW, THEREFORE, BE IT RESOLVED, that the Municipal Council of the Borough of Hawthorne approves the acceptance of the above-cited contractor, and that the Mayor and Municipal Clerk be directed and authorized to enter into and execute a contract between the Borough of Hawthorne and Downes Tree Service in a form approved by the Borough Attorney.

R 225-11Resolution, introduced by Councilman Mele

WHEREAS, the purchase of goods and services by local contracting units is authorized by the Local Public Contracts Law, N.J.S.A. 40A:11-12 and the Borough of Hawthorne wishes to purchase of a 2012 Ford Explorer 4X4 for the Police Department under the State of New Jersey Cooperative Purchasing Program; and

WHEREAS, Winner Ford of Cherry Hill, New Jersey has been awarded New Jersey State Contract No. A78761 for the 2012 Ford Explorer 4X4; and

WHEREAS, the administration recommends the utilization of this contract and the actual cost for the purchase of a 2012 Ford Explorer 4X4 is $24,470.00.

NOW, THEREFORE, BE IT RESOLVED, that the Municipal Council of the Borough of Hawthorne approves the acceptance of the above-cited state contract subject to the certification of availability of funds from the Chief Financial Officer, and that the Mayor and Municipal Clerk be directed and authorized to enter into and execute a contract between the Borough of Hawthorne and Winner Ford of Cherry Hill in a form approved by the Borough Attorney when these conditions have been met.