Salute to the American Flag

August 20, 2013

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

SALUTE TO THE AMERICAN FLAG

The flag salute was led by Mayor Dunleavy

ROLL CALL

In Attendance: Mayor Jonathan Dunleavy

Council Members: John D’Amato

Richard Dellaripa

Linda Shortman

Michael Sondermeyer

Ray Yazdi

Absent: Councilman: Mark Conklin

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.

EARLY PUBLIC COMMENT

Councilman D’Amato moved t hat the meeting be opened to Early Public Comment; seconded by Councilman Yazdi and carried on voice vote.

Linda Huntley, 86 Van Dam Avenue, noted that the Adopted copies of the budget are not on the website; they are the introduced ones.

Municipal Clerk will check into it.

Ms. Huntley also went over various items on the bills list and Mayor answered questions when he could and said it might be a good idea to check ahead with Finance for any questions before the meeting.

Ms. Huntley also questioned why construction fees for Avalon Bay were not put in budget initially.

Jack Miller, Reeve Avenue, spoke in regard to flood mitigation and asked if we have missed any deadlines for permit processing, etc.

Mayor Dunleavy stated that 100% of the delays are DEP related; it took the Engineer four months to get a meeting in regard to the hydrological study. We are up to 15 general permits for this project.

Mayor and Engineer met with the DEP recently and they are confident that we will get the final approval within 90 days. We submitted a request for a waiver for non-river activities and should have an answer within a week for that. This is a C1 waterway unlike Pompton, thus the wait for permits, etc.

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

REPORTS OF COMMITTEES

Downtown Revitalization

Councilwoman Shortman stated she would like to see the businesses get involved in the revitalization of downtown; like to get Chamber of Commerce involved but our local one is comprised of a lot of Kinnelon businesses and not Bloomingdale

Environmental Commission

At the next meeting they will explore our downtown revitalization to enhance it.

Riverwalk Presentation

There will be a presentation on the Riverwalk proposals by Burgis Associates at the September 24, 2013 meeting. Councilwoman Shortman will visit the local businesses and people affected to let them know.

Project will be in phases and we can look for open space money to fund it, etc.

River Clean-up

River cleanup is Saturday, August 24, 2013 at 10 a.m.

Candlelight Walk

We will be hosting the 9-11 Candlelight Walk and will be lining up in Butler and proceeding to Sloan Park whereby we will dedicate a portion of the steel from towers in memory of those who lost their lives.

DPW Generator

Mayor stated that we finally will be installing the generator at the DPW next week.

APPROVAL OF CONSENT AGENDA

Councilman Dellaripa moved for the approval of the following Consent agenda:

A. Approval of Minutes: Executive Session; June 11 and May 28, 2013

B. Application for Block Party September 15, 2013; 21 Reeve Avenue

C. Notice of Bob Kochka 5K Run September 28th; 11 a.m.

D. Resolution from Passaic County Freeholders declaring August 24, 2013

As Senior Citizen Week

(1) Adoption of Resolution #2013-8.1 by Borough of Bloomingdale

RESOLUTION #2013-8.1

OF THE GOVERNING BODY

OF THE BOROUGH OF BLOOMINGDALE

Senior Citizen Week – August 18 to August 24

WHEREAS, the Borough of Bloomingdale is a community that includes many older adults aged 60 and older; and

WHEREAS, the older adults in Bloomingdale, New Jersey, are the roots from which our community grows, who bestow gifts of wisdom and insight up younger generations, and strengthen the bonds between neighbors to create a better place to live; and

WHEREAS, our society can be enhanced by older adults aging peacefully in their communities; and

WHEREAS, the adults in Bloomingdale, New Jersey, should be commended for their role in creating and bolstering the fiber of our community and nation; and

WHEREAS, our community can provide that recognition and respect by enriching the quality of life for older Americans by:

· Increasing their opportunities to remain in their communities as active and engaged citizens

· Providing services, technologies, and support systems that allow seniors to foster and maintain connections within the community

· Emphasizing the value of elders by publicly recognizing their contribution to the diversity, strength and unity of our community

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Bloomingdale, in the State of New Jersey, that the week of August 18 to August 24 be designated Senior Citizen Week and urge every citizen to take time this month to honor our older adults and the processionals, family members and volunteers who care for them. Our recognition of older Americans and their involvement in our lives can help us achieve stronger and more meaningful connections with each other and enrich our community‘s quality of life.

E. Copy of Abstract of Ratable from Passaic County Board of Taxation;

On File in the Municipal Clerk’s Office

F. Approval of Candlelight Walk Ceremony and request to close road from the County

Councilman D’Amato seconded the motion.

Councilwoman Shortman asked about the status of the sale of property to Mr. Volpe Mayor stated that nothing is happening on it; the property was listed on the Green Acres ROSI list and we are working to have it removed..

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

Passaic County Ratio

Mayor stated that it was nice to see we are no longer have the highest tax rate in the County; out of 16 municipalities we are right in the middle.

PENDING BUSINESS

Adoption of Resolution No. 2013-8.2: Approving Right-of-Way Use to Cross River Fiber

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

RESOLUTION NO. 2013-8.2

OF THE GOVERNING BODY

OF THE BOROUGH OF BLOOMINGDALE

RESOLUTION APPROVING RIGHT-OF-WAY USE TO CROSS RIVER FIBER

WHEREAS, Cross River Fiber NJ, Inc. ("Cross River Fiber"), seeks to place its telecommunication facilities aerially on existing utility poles or in an underground conduit in the Public Rights-of-Way within the Borough of Bloomingdale for the purpose of owning, constructing, installing, operating repairing and maintaining a telecommunications system; and

WHEREAS, Cross River Fiber was approved by the New Jersey Board of Public Utilities

to provide local exchange and interexchange telecommunications services throughout the State;

and

WHEREAS, N.J:S.A. 48:3-19 requires Cross River Fiber to obtain the consent of the Borough of Bloomingdale for the joint use of any existing utility poles; and

WHEREAS, N.J.S.A. 54:30-124(a) provides that a municipality may not impose any fees, taxes, levies or assessments in the nature of a local franchise, right of way, or gross receipts fee, tax, levy or assessment against telecommunications companies but that a municipality may .

impose reasonable fees for actual services made by any municipal, regional or county

governmental agency; and

WHEREAS, it is the in the best interests of the Borough of Bloomingdale and its citizens to grant consent to Cross River Fiber; and

WHEREAS, the consent granted is for the non-exclusive use of the Public Rights-of-Ways for the purpose of owning, constructing1 installing, operating repairing and maintaining a

telecommunications system subject to the terms and conditions of the attached Use Agreement

with Cross River Fiber.

NOW THEREFORE BE IT RESOLVED, by the Mayor and Borough Council of the Borough of Bloomingdale, County of Passaic and State of New Jersey, that the Borough is hereby authorized to grant Cross River Fiber a non-exclusive use of the Public Rights-of-Ways for the purpose of owning, constructing, installing, operating repairing and maintaining a telecommunications system; and

BE IT FURTHER RESOLVED, that the Mayor and Borough Administrator are hereby authorized to execute any and all documents necessary to effectuate this Resolution.

Councilman Secondermeyer seconded the motion.

Discussion followed in regard to this and it was noted we do not have a choice in this; we were able to protect the Borough a little more; it is a federal statute that we are mandated to let them come in. We are giving then non-exclusive rights.

The motion carried as per the following roll call: Council Members: D’Amato, RECUSED; Dellaripa, RECUSED; Shortman, YES; Sondermeyer, YES and Yazdi, YES. ABSENT: Councilman Conklin

Discussion in regard to bills list of July 23, 2013

Councilwoman discussed the bond for the Walter T. Bergen lights; felt the expense should be paid out of the ROSE fund and not the general fund.

Councilwoman Shortman moved to take the $2,000 for the lights out of the ROSE fund.

Discussion followend and it was noted that when the bond is repaid, it will be paid out of the ROSE fund.

Councilwoman Shortman withdrew her motion and noted she will discuss this with the Borough attorney and Treasurer.

Update on Rafkind Road and Walter T. Bergen restrooms

Mayor stated that we ran into some utility issues on Rafkind which caused some delays; found other drainage issues; we should be awarding this on September 24 and build out by November.

Walter. T. Bergen restrooms

Mayor stated that we are going out to bid within the next week and award September 24.

Paving on County Roads

In response to Councilman Sondermeyer’ if there is any chance of the County doing any drainage on glenwild before they pave; Mayor stated he has contact them and they are aware. They didn’t start until two weeks before school opens. We should be done with glenwild and Macopin and Union.

Mayor stated he was not happy with the fact that the county is paving some of Hamburg Turnpike to Crane and stopping; then Oakwood to Clubhouse and then Anna Rose to the border of Bloomingdale. Mayor has given the school the paving schedules.

ORDINANCES

Second and final reading and public hearing of Ordinance No. 26-2013: Fees Charged to obtain Livestock Permits

AN ORDINANCE OF THE BOROUGH OF BLOOMINGDALE, IN THE COUNTY OF PASSAIC AND STATE OF NEW JERSEY, the code of the borough of bloomingdale BY amending Chapter II, “Administration,” Article VIII, “Policies and Procedures,” Section 2-80, “Fees Charged for Municipal Services,” to add fees charged by the borough to obtain a livestock permit was given second and final reading and consideration for adoption at this time.

The Municipal Clerk read the public notice statement.

Councilman Yazdi moved t hat the ordinance be read by title; seconded by Councilman Dellaripa and carried on voice vote.

The Municipal Clerk read the ordinance by title:

ORDINANCE No. 26-2013

OF THE GOVERNING BODY

OF THE BOROUGH OF BLOOMINGALE

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 II, “Administration,” Article VIII, “Policies and Procedures,” Section 2-80, “Fees Charged for Municipal Services,” of the Code of the Borough of Bloomingdale is hereby amended to read as follows:

2-80 Fees Charged for Municipal Services.

Editor's Note: For Fees for Recreational Programs see subsection 2-64.11 of this chapter.

The Borough Clerk shall charge the following fees for providing the following services:

a. Copies of documents available to the public pursuant to the Open Public Records Act, N.J.S.A. 1A-1 et seq. are to be charged at the following rates: (1) $0.05 per page for letter sized pages and smaller; (2) $0.07 per page for legal sized pages and larger; (3) electronic records are to be provided free of charge via e-mail and fax; (4) $2.70 for recording manufacturer’s recommended compact disk or $.60 for standard quality compact disc; and (5) the actual cost to provide records in another medium (i.e. computer disc, CD-ROM, DVD.)

b. Black and White Street and/or Zoning Map $5.00

c. Color Street and/or Zoning Map $25.00

d. Zoning Ordinance Package $10.00

e. Site Plan Ordinance Package $10.00

f. Master Plan $50.00

g. Assessment Search $10.00

h. Tax Search $10.00

i. Municipal Lien Search $10.00 for each property

$2.00 for each continuation year (maximum of $8.00)

j. Search for Delinquent Properties $10.00

k. Search for Miscellaneous Tax Information $5.00

l. List of Property Owners within 200 feet $10.00 or $.25 per name (whichever is

greater)

m. Duplicate Tax Sale Certificate $100.00

n. Duplicate Tax Bill $5.00 for first duplicate copy

$25.00 for duplicate copy thereafter

o. Mailing of Notice of Tax Sale $25.00

p. Off-Duty Traffic Control Activities by Police Officers $60.00/hr.

Plus Administration Fee $15.00/hr.

q. Photocopy of Tax Map $.75

r. Returned Check Fee $20.00

s. Tire Pickup and Disposal $5.00 per tire

t. Leaf Bags 3 for $1.00

u. Garage Sales $10.00

v. Permit to purchase a handgun $2.00

w. Permit to carry a handgun $5.00

x. Firearm Identification Card $5.00

y. Summer Junior Police Academy $25.00 to $50.00

z. Clothing Bins $10.00

aa. Online payment fees $10 or up to 5% of costs, whichever is greater

bb. Delivery of Topsoil/Mulch $50.00. Limit of 2 deliveries per resident annum.

cc. Overnight Parking Permit $120.00 per annum.

dd. Livestock Permit Fee $30 per annum

The foregoing fees are in addition to fees for permits, information requests and services that may be charged by the Zoning Board of Adjustment, Planning Board, Construction Department and Recreation Commission and which have been codified in the Revised General Ordinances of the Borough of Bloomingdale. (New; Ord. No. 17-2002 § I; Ord. No. 04-2005 § V; Ord. No. 13-2010 §§ 1, 2; Ord. No. 13-2011; Ord. No. 4-2012; Ord. No. 8-2012)