14
August 19, 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. Council President Yazdi called the meeting to order at 7:00 p.m.
SALUTE TO THE AMERICAN FLAG
Council President Yazdi led the Salute to the Flag.
ROLL CALL
In Attendance: Council Members: Anthony Costa
John D’Amato
Richard Dellaripa
Dawn Hudson
Michael Sondermeyer
Ray Yazdi
Professionals Municipal Clerk: Jane McCarthy, RMC
Present: Borough Attorney: Fred Semrau, Esq.
Absent: Mayor: Jonathan Dunleavy (Excused)
PUBLIC NOTICE STATEMENT
Council President Yazdi 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, Police Chief Joseph Borell, Captain Ray Muller and Sgt. Mark Johnson were in attendance to accept a presentation by Harry Delgado, Accreditation Program Manager for the NJ State Association of Police.
Mr. Delgado noted that out of 470 eligible Police Department in NJ, 119 have actually achieved accreditation. He noted that we in Bloomingdale have one of the best departments in the state, perhaps United States. He explained the task which was involved in attaining this accreditation which is a three year certificate.
Mr. Delgado noted that as part of the process, comments from residents were solicited and all of them were positive.
At this time, Mr. Delgado presented the certificate to the police chief.
Police Chief Borell spoke in regard to the efforts of his department and in particular Captain Muller and thanked them for their hard work in achieving this certification.
Members of the Governing Body expressed their thanks and congratulations to the Chief and the Department.
EARLY PUBLIC COMMENT
Councilman Costa moved that the meeting be open to Early Public Comment; seconded by Councilman Sondermeyer and carried on voice vote.
Matt Zaccone, 77 Charles Street, asked what the status was on the proposal given last meeting by the digital sign company.
Council President Yazdi noted that the Mayor has received a lot of input from residents and if this was to go ahead, a lot of changes would have to be made and more research done.
Mr. Zaccone stated that he felt as a resident a 6’ x 16’ sign would detract from the small town atmosphere.
Mr. Zaccone also asked the stats of the flood evaluation that was going to be done for residents on Charles Street.
Council President Yazdi stated that a lot of information has to be gathered and it is a slow process but it is proceeding and Mayor will keep us apprised.
Mr. Zaccone asked about the contract for the geese and asked what happens during the migratory time; Council President Yazdi noted that we can have the Mayor contact him and discuss the contract with him.
Since there was no one else who wished to speak during Early Public Comment, Councilman D’Amato 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
Ice-Bucket Challenge
Councilwoman Hudson stated that the Mayor and Council have been challenged for the Ice-Bucket Challenge for ALS awareness by one or our employees and have accepted the challenge; they will meet on Sunday morning at 11 a.m. in front of the Municipal Building and noted that if anyone else would like to join them, they are e welcomed to.
Candlelight Walk
Municipal Clerk noted that the Candlelight Walk will be held on September 11, 2014; lineup at 7 p.m. at Butler Park.
Clean-up Day
Councilwoman Hudson noted that the town cleanup day is this Saturday from 10 a.m. to 12 p.m. at Sloan Park.
Affordable Housing
Borough Attorney Semrau spoke of a settlement years ago with Avalon Bay where they were giving us $100,000 for the affordable housing. If the Borough takes any money, they have to have a spending plan in process and substantive certification. We do not have either.
Borough Attorney stated that he is going to motion the court to pay this order; money would be set aside for rehabilitation work with the consent of Avalon Bay.
Board of Education
Councilman Dellaripa stated that the Board of Education has hired Mario Cardinale as Interim Superintendent and Principal of the Samuel R. Donald School.
APPROVAL OF CONSENT AGENDA
Councilwoman D’Amato moved for the approval of the following Consent Agenda:
A. Approval of Minutes: Regular Meeting June 24, 2014 and July 22, 2014
B. Approval of Block Party App. #3-2014 – 21 Reeve Avenue, September 6, 2014
C. Approval of Coin Toss Request; September 27, 2014 – Municipal Alliance
D. Approval of Jason E. Reynolds as a Member of Bloomingdale Fire Department
E. Adoption of Resolution No. 2014-8.1: Support of Assembly Bill No. 3448;
change in Highlands Preservation Area Boundary
RESOLUTION NO. 2014-8.1
OF THE GOVERNING BODY
OF THE BOROUGH OF BLOOMINGDALE
SUPPORT OF ASSEMBLY BILL NO. 3448
CHANGE IN HIGHLANDS PRESERVATION AREA BOUNDARY
WHEREAS, Assembly Bill No. 3448 has been introduced to the 216th Legislature of the State of New Jersey; and
WHEREAS, Assembly Bill No. 3448 will exclude Lots 111.01 and 112, Block 49.01, as identified on the Borough of Bloomingdale Tax Maps and known as “Spring Brook Acres” (hereinafter “Spring Brook Acres” or the “subject property”) from the Highlands preservation area; and
WHEREAS, the Borough of Bloomingdale recognizes the benefits and goals of the Highlands Water Protection and Planning Act are desirable and beneficial but must be balanced with the need for local governments to properly plan and develop their communities; and
WHEREAS, the subject property has been included in the Borough of Bloomingdale Master Plan for development; and
WHEREAS, the subject property abuts Passaic County Community College; and
WHEREAS, the subject property is located on Union Avenue in the Borough of Bloomingdale and at a location which is serviced by three (3) highway interchanges on I-287 which were authorized and built with Federal funds in part for economic development; and
WHEREAS, certain areas of the Borough of Bloomingdale are in the Highlands and watershed lands and the municipality has been the steward of such lands however not the property in question; and
WHEREAS, the property in question is not part of a watershed, in fact it is contiguous to the Wanaque Town Center; and
WHEREAS, the subject property was included in the Highlands preservation area despite the Borough’s desire for the property not to be included so as to permit it to be developed in accordance with the Bloomingdale Master Plan.
NOW, THEREFORE, BE IT RESOLVED by the Borough Council in the Borough of Bloomingdale as follows:
1. The Borough of Bloomingdale hereby endorses and supports Assembly Bill No.
3448 which will change the Highlands preservation area boundary to exclude the Spring Brook Acres tract (Lots 111.01 and 112, Block 49.01) in the Borough of Bloomingdale for the reasons set forth above.
2. A certified copy of this Resolution be transmitted to the Borough’s elected
Assembly and Senate representatives.
3. A certified copy be provided to the sponsor of Assembly Bill No. 3448,
Assemblywoman Betty Lou DeCroce.
F. Approval of Lake Iosco Company to use Council Chambers for annual meeting on November 15, 2014 at 12 p.m.
G. Letter from Board of Freeholders informing the Borough of grant in the amount of $61,424 for the Walking Track at WTB School Facility
H. Notice to Public of Community Block Grant Program; amendment to 2014 Action Plan for CDBG Program which will provide additional funding to the Borough of Bloomingdale in amount of $40,245 for Ryerson Avenue project
Councilwoman Hudson seconded the motion.
At this time, the Borough Attorney discussed Resolution No. 2014-8.1: which supports Assembly Bill No. 3448 which will exclude the horse farm from the Highlands. The property itself is not part of the watershed and it should not be in the Highlands Act. Assemblywoman DeCroce has introduced this bill and this resolution this evening will support her bill.
The motion carried to approve the Consent Agenda as per the following roll all: Council Members: Costa; D’Amato; Dellaripa; Hudson; Sondermeyer and Yazdi all YES.
PENDING BUSINESS
Adoption of Resolution No. 2014-8.2: Approval of Liquor License for Tres Sombreros
The Municipal Clerk noted that all the paperwork is in order to proceed with the renewal of this license.
Councilman Costa offered the following Resolution and moved for its adoption:
RESOLUTION #2014-8.2
OF THE GOVERNING BODY
OF THE BOROUGH OF BLOOMINGDALE
Renewal of Alcoholic Beverage License for 2014-2015 (Effective July 1, 2014)
WHEREAS, the Governing Body of the Borough of Bloomingdale has been informed by the Municipal Clerk that the following name, 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
WHEREAS, the applicant has filed with the Municipal Clerk a copy of the application for forwarding 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 CONSUMPTION
Tres Sombreros, LLC #1601-33-002-008
125 Hamburg Turnpike
t/a FAJITAS
Councilman D’Amato seconded the motion and it carried as per the following roll call: Council Members: D’Amato; Dellaripa; Hudson; Sondermeyer; Yazdi and Costa all YES.
INTRODUCTION OF NEW BUSINESS
Adoption of Resolution No. 2014-8.3: Payment of Bills
Councilman Dellaripa offered the following Resolution and moved for its adoption:
RESOLUTION - #2014 –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
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 3,170,305.08 CURRENT 569,292.34
UTILITY 17,267.34 UTILITY 48,833.76
CAPITAL 351,323.91 OPEN SPACE 29,985.11
UTILITY CAPITAL 9,312.99 TRUST ACCOUNT 3,820.00
TRUST 40,428.23 RECYCLING 2,868.52
DOG 1,267.64 DOG 884.00
RECREATION 2,130.00 UNEMPLOY 71.73
ROSE FUND 6,579.50 CAPITAL 600.00
RECYCLING 957.00 WATER CAPITAL 0,000.00
UNEMPLOYMENT 000.00 RECREATION 20.50
TOTAL 3,599,571.69 TOTAL 656,375.96
Councilwoman Hudson seconded the motion and it carried as per the following roll call: Council Members: Dellaripa; Hudson; Sondermeyer; Yazdi; Costa and D’Amato all YES.
Introduction of Ordinance No. 14-2014: Amending Speed Limits on Macopin
and Union Avenue
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” was introduced by title by Councilwoman Hudson who moved that second and final reading and public hearing be held on September 9, 2014 at 7 p.m.
Councilman Dellaripa seconded the motion and it carried as per the following roll call: Council members: Hudson; Sondermeyer; Yazdi; costa; D’Amato and Dellaripa all yes.
Adoption of Resolution NO. 2014-8.4: Award of contract to Kulpco Enterprises
Councilman D’Amato offered the following Resolution and moved for its adoption:
RESOLUTION #2014-8.4
OF THE GOVERNING BODY
OF THE BOROUGH OF BLOOMINGDALE
Authorizing the execution of an agreement between the Borough of Bloomingdale and Kulpco Enterprises for repair to Knolls Road and desnagging
WHEREAS, the Borough of Bloomingdale had a need for a repair on Knolls Road and desnagging; and
WHEREAS, such services would not exceed the bid threshold and therefore did not require the solicitation of formal bid proposals, pursuant to N.J.S.A. 40A:11-3; and
WHEREAS, proposals were solicited for the repair of Knolls Road and desnagging for the Borough of Bloomingdale by the Borough Engineer; and
WHEREAS, the Borough Engineer reviewed the received quotes and recommended the award of a contract for the repair of Knolls Road and desnagging; and
WHEREAS, the Treasurer of the Borough of Bloomingdale has certified that sufficient funds are available for this purpose.
NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of Bloomingdale, County of Passaic, State of New Jersey, as follows:
1. The contract for flood mitigation is hereby awarded to Kupco Enterprises, 248 Franklin Avenue, Rockaway, NJ.
2. The Mayor and the Borough Clerk are hereby authorized to execute an agreement with Kulpco Enterprises for the repair of Knolls Road and desnagging of the Borough of Bloomingdale in an amount not to exceed $30,000.
This Resolution shall take effect immediately.
Councilman Costa seconded the motion and it carried as per the following roll call: Council Members: Sondermeyer; Yazdi; Costa; D’Amato; Dellaripa and Hudson all YES.
Adoption of Resolution No. 2014-8.5: Award of contract to GL Group
Councilwoman Hudson offered the following Resolution and moved for its adoption:
RESOLUTION #2014-8.5
OF THE GOVERNING BODY
OF THE BOROUGH OF BLOOMINGDALE
Declaring An Emergency
For Purposes of Awarding Contract for Air Conditioning repairs to Municipal Building
WHEREAS, the Governing Body (“Governing Body”) of the Borough of Bloomingdale (“Borough”) finds and declares an emergency situation has developed at the Municipal Building with air conditioning repairs;
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