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July 22, 2014

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 7:00 p.m.

SALUTE TO THE AMERICAN FLAG

Mayor Dunleavy led the Salute to the Flag followed by a moment of silence for fireman Charles Behnke who recently passed away.

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 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 4, 2013.

PRESENTATIONS:

At this time, Marci Kretzmer of CEIS digital signs was in attendance and gave a presentation in regard to a proposal to install digital signs in the Borough at no cost and outlined the parameters of the proposal whereby the Borough would receive one line for their advertising and the other six lines would be sold to advertisers.

She noted that the signs would be Gateway 6’ x 16” wide and would be constructed of a stone wall or something agreeable to the Borough.

The six slots would be sold as advertising to the local merchants; if they cannot sell then, then it goes to the national advertisers.

The signs are camera monitored; they will have amber and silver alerts which will take over the sign for 24 hours.

Borough is responsible for the landscaping around the sign and it is for a twenty-year lease and has to be on commercial or private property.

If it is on private property, they still offer the Borough 7% revenue; the sign changes every 8 seconds.

Extensive traffic studies have been conducted and it has been found that it does not create accidents. It will take from 30-60 days to finish.

They will provide training.

Mayor asked that Governmental Operations Committee review this and talk to the Police Chief about locations, traffic, etc. and report back.

Mayor thanked Ms. Kretzmer and noted we will be in contact with her shortly.

NON-AGENDA ITEMS

None

EARLY PUBLIC COMMENT

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

Linda Huntley, 86 Van Dam Avenue, asked about the Developer’s Agreement for Quik Chek and felt that it should have had hearings by the Planning Board and handed the Borough Attorney information in this regard but wasn’t sure if it was applicable in NJ.

The Borough Attorney stated that this memorializes the conditions of the Planning Board but noted she will review Ms. Huntley’s concerns and report back.

At this time, Mayor Dunleavy reviewed the proposed capital improvement resolutions for Ms. Huntley which are on the agenda this evening.

William Graf, 8 Linden Lane, spoke in regard to the geese problem in the Borough, especially at Bogue Pond and the unsanitary conditions and nuisance. He asked the Mayor and Council to consider a solution to this problem and Mayor noted he has a proposal on the agenda this evening.

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

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

Public Events

River Clean-up

Mayor sated that the River cleanup will be August 23 at 10 a.m.

Sloan Park

Mayor stated that we just received permission for access from the objectors to the site and now we can resubmit our application.

Water Department

Mayor thanked the Water Department for all their recent work with the watermain breaks we have had in the Borough this last week. Also noted that we stated flushing but this did not result in the leaks; they were the result of a communication issue with Verizon and the tanks.

Noted that as of March 2015 we will no longer need the pumping stations when we go with Butler water. Butler is doing testing to see if there are any breaks.

Radios

The Police department radio system is in place which was paid for by an anonymous generous donation and also by the Board of Education. Schools and the Salvation Army now have radio connection to the Police Department.

OEM Grant

Mayor stated that the Office of Emergency Management has received $75,000 grant from FEMA; he and Fire Chief went to Wayne to meet with the State representative but he did not show up; they will meet on Thursday to see what we can apply it to.

APPROVAL OF CONSENT AGENDA

Councilwoman Hudson moved that the following Consent Agenda be approved:

A.  Approval of Minutes: Regular Meeting June 18, 2014; Executive Sessions June 10, 2014 and June 24, 2010

B.  Approval of Block Party Application #2-2014 – 11 Chestnut Street; August 8, 2014

C.  Approval of Road Closure for Candlelight Walk – September 11, 2014

D.  Approval of Brian Hoeft as Junior Firefighter/Bloomingdale Fire Department

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

PENDING BUSINESS

Adoption of Resolution for Liquor License renewal Tres Sombreros

This item will be tabled at this time.

Second and final reading and public hearing of Ordinance No. 13-2014:

Speed Limits in Glenwild Lake

AN ORDINANCE OF THE BOROUGH OF BLOOMINGDALE, IN THE COUNTY OF PASSAIC AND STATE OF NEW JERSEY, AMENDING chapter VII, “traffic,” of the code of the borough of bloomingdale by amending section 7-26, “speed limits” and adding section 7-41, “Glen Wild lake” to provide for title 39 enforcement authority for all roads owned by Glen Wild lake and to reduce the speed limit to 15 miles per hour

was given second and final reading and consideration for adoption at this time.

The Municipal Clerk read the Public Notice Statement.

Councilman D’Amato 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:

ORDINANCE 13-2014

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 VII, “traffic,” of the code of the borough of bloomingdale by amending section 7-26, “speed limits” and adding section 7-41, “Glen Wild lake” to provide for title 39 enforcement authority for all roads owned by Glen Wild lake and to reduce the speed limit to 15 miles per hour

WHEREAS, Glen Wild Lake Association sought Title 39 enforcement for all roads within their community; and

WHEREAS, Glen Wild Lake Association wrote the Chief of Police of the Borough of Bloomingdale, by letter dated October 29, 2013, stating that the Glen Wild Lake Association’s Board of Directors had authorized Title 39 enforcement upon all roads of the Association; and

WHEREAS, the Borough of Bloomingdale Police Department reviewed Glen Wild Lake Association’s request for Title 39 enforcement; and

WHEREAS, the Borough Engineer, along with the Borough Police performed an inspection of the roads at Glen Wild Lake and approved the roads for Title 39 enforcement; and

WHEREAS, the Glen Wild Lake Association further requested that the speed limit be reduced on their roads from 25 miles per hour (mph) to 15 mph; and

WHEREAS, the Glen Wild Lake Association Board memorialized their request for a reduced speed limit, by letter to the Borough’s Full-Time Mayor, dated June 23, 2014; and

WHEREAS, the Chief of Police, upon consultation with the Borough Attorney, recommends such reduction of speed.

NOW THEREFORE, 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 VII, “Traffic,” Part 1, “On-Street Traffic Regulations,” Section 7-26, “Speed Limits,” of the Code of the Borough of Bloomingdale is hereby amended to read as follows:

7-26 SPEED LIMITS.

Speed limits along designated streets shall be as designated below:

Name of Street / Direction / Speed Limit and Location
Glenwild Avenue (also known as County Road 147 and Carmentown Road) / a. Both / Thirty (30) miles per hour from Paterson-Hamburg Turnpike to the center of the southernmost entrance to Glade Road
b. Both / Thirty-five (35) miles per hour from the center of the southernmost entrance to Glade Road to the northerly Bloomingdale Borough line
Glen Wild Lake (all roads) / Both / Fifteen (15) miles per hour for the entire length of all roads.
Mariontown Road (also known as County Road 13 and Macopin Road) / Both / Thirty (30) miles per hour for its entire length
Paterson-Hamburg Turnpike (also known as All County Road 23, County Road 511 Alt. from Union Avenue to easterly Bloomingdale Borough line; and signed as Main Street to the easterly Bloomingdale Borough line) / a. Both / Thirty (30) miles per hour from the westerly Bloomingdale Borough line (Pequannock River) to the center of Glenwild Avenue (also known as County Road 147 and Carmentown Road)
b. Both / Twenty-five (25) miles per hour from the center of Glenwild Avenue (also known as County Road 147 and Carmentown Road) to the center of Union Avenue (also known as County Road 148 and County Road 511)
Paterson-Hamburg Turnpike (Continued) / c. Both / Thirty (30) miles per hour from the center of Union Avenue (also known as County Road 148 and County Road 511) to the easterly Bloomingdale Borough line (Pequannock River)
Union Avenue (also known as County Road 148 and County Road 511) / Both / Thirty (30) miles per hour from Main Street to the northerly Bloomingdale Borough line

section 2. Chapter VII, “Traffic,” Part 3, “Traffic Regulations on Private Property to which the Public is Invited Under N.J.S.A. 39:1 et seq.,”of the Code of the Borough of Bloomingdale is hereby amended to add Section 7-41, “Glen Wild Lake,” which shall read as follows:

Section 7-41 GLEN WILD LAKE.

a. The Bloomingdale Police Department is authorized to enforce Title 39 upon all grounds owned by Glen Wild Lake Association within the Borough of Bloomingdale.

b. The maximum speed limit shall be fifteen (15) miles per hour for all roads in Glen Wild Lake.

c. The provisions of the article shall not relieve any person of the duty to observe any more restrictive provisions set forth in Title 39 of the Revised Statutes.

SECTION 3. All ordinances or parts of ordinances of the Borough of Bloomingdale inconsistent herewith are repealed to the extent of such inconsistency.

SECTION 4. 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 5. This law shall take effect immediately upon final passage, approval and publication as required by law.

Councilwoman Hudson moved that the meeting be open to a Public Hearing on this ordinance; seconded by Councilman Costa and carried on voice vote.

Since there was no one who wished to speak under the Public Hearing, Councilman Costa moved that it be closed; seconded by Councilman Dellaripa and carried on vice vote.

Councilman D’Amato moved for the adoption for this ordinance; seconded by Councilman Yazdi.

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

Michael Southwell, President of Glenwild Lake Association, thank the Mayor and Council for their help in implementing this ordinance and also Mike Boffa of the Police Department for his hard work.

INTRODUCTION OF NEW BUSINESS

Adoption of Resolution No. 2014-7.1: Payment of bills

Councilman Yazdi moved that the following resolution be approved:

RESOLUTION - #2014 –7.1

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

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;

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:

BILLS LIST PREPAID LIST

CURRENT 1,726,299.98 CURRENT 754,715.91

UTILITY 167,423.86 UTILITY 18,679.83

CAPITAL 62,350.00 OPEN SPACE 27,700.45

UTILITY CAPITAL 34,899.57 TRUST ACCOUNT 2,930.00

TRUST 43,608.50 RECYCLING 2,051.56

DOG 2,980.39 DOG 000.00

RECREATION 000.00 UNEMPLOY 91.04

ROSE FUND 10,617.32 CAPITAL 9,059.83

RECYCLING 2,033.40 WATER CAPITAL 0,000.00

UNEMPLOYMENT 198.00 RECREATION 00.00

TOTAL 2,050,411.02 TOTAL 815,288.62

Councilman Dellaripa seconded the motion and it carried as per the following roll call: council Members: D’Amato; YES; Dellaripa, YES; Hudson, YES with exception of P.O. 14000080; Sondermeyer, YES; Yazdi, YES and Costa, YES.

Adoption of PBA contract

No action at this time.

Adoption of Resolution No. 2014-7.2: Execution of a Devlopers Agreement with Quik Chek Corporation

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

RESOLUTION #2014-7.2

OF THE GOVERNING BODY

OF THE BOROUGH OF BLOOMINGDALE

AUTHORIZING THE EXECUTION OF A DEVELOPER’s AGREEMENT between the borough of bloomingdale and QUICK CHEK CORPORATION

WHEREAS, Quick Chek Corporation (the “Developer”) received Minor Subdivision Approval for the development of Block 30.01, Lot 34; Block 30.01 Lot 33; and Block 30.01 Lot 32, located at 132 Hamburg Turnpike; 126 Hamburg Turnpike; and 124 Hamburg Turnpike; and

WHEREAS, the Developer’s Agreement has been drawn by the Borough Attorney and approved by the Borough Engineer; and

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 Clerk are authorized to execute said Agreement upon submission by the Developer of the following items: