BOROUGH OF CALDWELL NEW JERSEY6BAC054F... · 04/12/2018 · Ann Dassing BOROUGH COUNCIL Richard...

BOROUGHOFCALDWELLNEWJERSEY

COUNCILBUSINESS MEETING December 4, 2018

CaldwellCouncil Chambers1ProvostSquare

Caldwell,NewJersey070066:00pm

Council Chambers 1 Provost Square Caldwell, NJ December 4, 2018 / 6:00PM

Page 1 of 3

MAYOR Ann Dassing

BOROUGH COUNCIL

Richard Hauser - President Thomas O’Donnell Pasquale Capozzoli

Francis Rodgers Jonathan Lace

Henderson Cole

Borough of Caldwell Council Business Meeting

AGENDA Phone: (973) 226-6100

Website: www.caldwell-nj.com

CALL TO ORDER Honorable Ann Dassing, Mayor of the Borough of Caldwell Presiding Roll Call Statement of Compliance w/ Open Public Meetings Act Pledge of Allegiance to the Flag EXECUTIVE SESSION Closed Session

BE IT HEREBY RESOLVED in accordance with the provisions of N.J.S.A. 10:12 and 13, the public shall be excluded from the Executive Session of the Governing Body which is being held for the discussion of the following subject matters: 1. Pending or anticipated litigation or contract negotiation; 2. Personnel matters; 3. This Executive Session shall continue for an indefinite period of time and upon termination of the Executive Session, the Governing Body may choose to resume the public portion of the meeting. The discussion, which shall be conducted in closed session, shall be disclosed upon termination of litigation or contractual matter, upon resolution of the personnel matter with consent of said person or persons and as provided by N.J.S.A. 4-12 but in no case later than two (2) years from this date. These minutes shall be available as soon as the matter is resolved or not later than two years hence.

1. Litigation Update

APPROVAL OF MINUTES November 20, 2018 PRESENTATION

1. Sustainable Awards / Environmental Commission 2. Caldwell Wastewater Treatment Plant – Update

OPEN PUBLIC MEETING – ANY TOPIC Max Time: 3min per speaker

Members of the public are invited to comment at this time on ANY issues, whether or not on the agenda

PUBLIC HEARING AND ADOPTION OF ORDINANCES ORDINANCE #1360-18: AN ORDINANCE AMENDING CHAPTER 230 OF THE CODE OF THE BOROUGH OF CALDWELL, BEING THE SECTION TITLED “VEHICLES AND TRAFFIC” BY ADDING SECTION 230-34, “PARKING ON HANFORD PLACE” OPEN PUBLIC COMMENTS ON RESOLUTIONS

Members of the public are invited to comment at this time on any resolution.


Page 2 of 3

MAYOR Ann Dassing

BOROUGH COUNCIL



Henderson Cole


AGENDA Phone: (973) 226-6100


RESOLUTIONS - CONSENT AGENDA

All items listed on the Consent Agenda are considered to be routine and will be acted upon by a single motion. There will be no separate discussion of these items unless members of the Council request specific items to be removed for separate action.

12-217 RESOLUTION AUTHORIZING THE BAGGING OF CALDWELL PARKING METERS FOR THE HOLIDAY SEASON FROM DECEMBER 1, 2018 TO JANUARY 1, 2019

12-218 AUTHORIZING REFUND OF OVERPAYMENT, BLOCK 2, LOT 10.02, 11 Erwin Place, Caldwell, NJ

12-219 AUTHORIZING REFUND OF OVERPAYMENT, BLOCK 36, LOT 15, 27 Central Avenue, Caldwell, NJ

12-220 AUTHORIZING PAYMENT OF BILLS AND THE ISSUANCE OF CHECKS FOR THE PERIOD THROUGH DECEMBER 4, 2018 FOR 2018/2017 BILLS IN THE TOTAL AMOUNT OF $3,344,200.59

12-221 RESOLUTION AUTHORIZING BUDGET TRANSFERS FOR CALENDAR YEAR 2018

12-222 A RESOLUTION IN OPPOSITION TO NEW JERSEY SENATE CONTINUING RESOLUTION 43

COUNCIL COMMITTEE REPORTS Borough Council Members

NEW BUSINESS Borough Council

REPORT OF MAYOR Mayor Dassing REPORT OF BOROUGH ADMINISTRATOR Paul M. Carelli REPORT OF BOROUGH ATTORNEY Greg Mascera


Page 3 of 3

MAYOR Ann Dassing

BOROUGH COUNCIL



Henderson Cole


AGENDA Phone: (973) 226-6100


REPORT OF COUNTY LIAISON Patricia Keenan OPEN PUBLIC MEETING – AGENDA ITEMS ONLY Max Time: 3min per speaker

Members of the public are invited to comment ONLY on items discussed during the meeting.

ADJOURNMENT Additional items may be added to this agenda. Final action may be taken on all matters listed or added to this agenda. This agenda was prepared as of 11/30/2018 with all available information as of this date. This agenda has been sent to four official newspapers of the Borough on 11/30/2018 in compliance with P. L. 1975, c 213 Lisa O’Neill, Deputy Clerk

BOROUGH OF CALDWELL COUNCIL BUSINESS/CONFERENCE MEETING

MINUTES – November 8, 2018

Page 1 of 2 The council Business meeting of the Borough Council of the Borough of Caldwell was called to order in the Council Chambers at 7:00PM. PRESENT: Mayor Dassing, Council President Hauser, Councilman Capozzoli, Rodgers, Cole and

Lace ALSO PRESENT: Deputy Clerk, Lisa O’Neill, Borough Administrator, Paul Carelli & Borough Attorney,

Greg Mascera ABSENT: Councilman O’Donnell Adequate notice of this Council Business/Conference meeting was given on January 1, 2018. Notice was posted on the bulletin board on the first floor of the Borough Hall, One Provost Square, Caldwell, New Jersey. Official newspapers of the Borough were notified of this meeting by mail. Notice was posted and all persons requesting notice were sent same. PLEDGE OF ALLIGENCE APPROVAL OF MINUTES: November 20, 2018 Moved by Councilman Rodgers, seconded by Councilman Lace. No Discussion. On roll call, all voted in the affirmative. Councilman Cole abstained. Minutes approved 11/20/18. OPEN PUBLIC MEETING – ANY TOPIC Max Time: 3min per speaker

Members of the public are invited to comment at this time on ANY issues, whether or not on the agenda Moved by Councilman Capozzoli seconded by Councilman Rodgers to open meeting to the Public. INTRODUCTION OF ORDINANCES

ORDINANCE #1361-18: AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 31 ENTITLED “OFFICERS AND EMPLOYEES” OF THE “REVISED GENERAL ORDINANCES OF THE BOROUGH OF CALDWELL, NEW JERSEY, IN ORDER TO ADD ARTICLE FIVE TITLED “BOROUGH CLERK” TO CODIFY THE DUTIES AND OBLIGATIONS OF THE CLERK AND TO PRESCRIBE APPROPRIATE TERMS AND CONDITIONS ASSOCIATED THEREWITH.” Moved by Councilman Lace, seconded by Council President Hauser. Discussions Ensued. On roll call, all voted in the affirmative. Ordinance Adopted 11/20/18. OPEN PUBLIC COMMENTS ON RESOLUTIONS Moved by Councilman Lace seconded by Councilman Capozzoli to open meeting to the Public. RESOLUTIONS – CONSENT AGENDA 11-212: AUTHORIZING THE ISSUING OF LICENSE FOR RAFFLE. APPLICANT AND APPLICATION HAVE BEEN APPROVED BY THE CLERK’S OFFICE – Saint Aloysius Roman Catholic Church/ Off Premise / Calendar Raffle – January 15, 2019, February 15, March 15, April 15, May 15, June 15, July 15, August 15, September 15, October 15, November 15 & December 15, 2019 – 1:00PM 11-213:AUTHORIZING THE APPOINTMENT OF JOHN IHLING AS A FIREFIGHTER IN THE CALDWELL VOLUNTEER FIRE DEPARTMENT 11-214:AUTHORIZING THE LIEN REDEMPTION OF CERTIFICATE #16-00024, Block 58.01, Lot 1, 126 ROSELAND AVENUE, CALDWELL, NJ 07006 11-215: AUTHORIZING PAYMENT OF BILLS AND THE ISSUANCE OF CHECKS FOR THE PERIOD THROUGH NOVEMBER 8, 2018 FOR 2018/2017 BILLS IN THE TOTAL AMOUNT OF $821,425.52 CONSENT Moved by Councilman Capozzoli, seconded by Council President Hauser. Discussions Ensued. On roll call, all voted affirmative. Resolutions approved 11/08/18. 11-216: AUTHORIZING THE PLANNING BOARD TO CONDUCTAND COMPLETE A REDEVELOPMENT STUDY

BOROUGH OF CALDWELL COUNCIL BUSINESS/CONFERENCE MEETING

MINUTES – November 8, 2018

Page 2 of 2 Moved by Councilman Capozzoli, seconded by Council President Hauser. Discussions Ensued. On roll call, Council President Hauser, Councilman Capozzoli, Cole and Lace voted affirmative. Councilman Rodgers abstained. Resolutions approved 11/20/18. COUNCIL COMMITTEE REPORTS Councilman Lace reported that the Environmental Commission would like to thank the DPW specifically Mario Bifalco, John Hamer and all the volunteers for the leaf bag distribution this past Saturday. The Commission has been working with Land Conservancy on updating the open space plan. At the next Council meeting the Commission will be giving out sustainable awards. REPORT OF MAYOR: Mayor Dassing thanked Maria Burak, all the employees and our new elected officials who were at the senior lunch at the Community Center. Maria really out did herself. There were some of our police officers serving and it is a really nice lunch and afternoon. Tree lighting will be this Saturday at 5PM and Santa will arrive on the fire truck and a tricky tray will follow at the firehouse. The Menorah lighting is on December 4th at 4:15PM on the Green the children from Augudath attend and we sing and light the Menorah. REPORT OF ADMINISTRATOR: Paul Carelli reported that he had received a letter from New Jersey Department of Environmental Protection and it’s a notice of capacity assurance program threshold exceeds. “This is to inform you that the above reference facility, which is the Caldwell Wastewater Treatment Plant, has reached or exceeded 95% of its permitted flow determined by twelve consecutive month threshold flow. We are required to submit a capacity analysis report within 180 days. Paul had a meeting today with the sewer director and they went over this and he believes that a lot of the work that we are doing right now on Passaic Avenue will help that and give us more time to further investigate what’s going on. Because of the rain events that we have he had Paul had a discussion with Phil Livechi and he said he knew we would be receiving this. This was discussed at our meeting about the Fair Share Housing Plan and today Greg drafted a letter we feel is important to send notice to our user Municipalities to inform them of this potential issue and they should keep that in mind as they go through their Fair Share Plans Development going forward. Discussions Ensued. OPEN PUBLIC MEETING – AGENDA ITEMS ONY Max Time: 3min per speaker Members of the public are invited to comment ONLY on items discussed during the meeting. Moved by Councilman Capozzoli, seconded by Council President Hauser to open meeting to the Public. There being no additional business to be conducted a motion to adjourn the meeting was made by Councilman Capozzoli, seconded by Council President Hauser unanimously affirmed by all members present, the meeting was adjourned at 7:28PM. Prepared by: ___________________ _ ____________ Lisa O’Neill, Deputy Borough Clerk DATE

BOROUGH OF CALDWELL NEW JERSEY

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ORDINANCE# 1360-18

AN ORDINANCE AMENDING CHAPTER 230 OF THE CODE OF THE BOROUGH OF CALDWELL, BEING THE SECTION TITLED “VEHICLES AND TRAFFIC” BY ADDING SECTION 230-34, “RESIDENT PARKING ON HANFORD PLACE” BE IT ORDAINED by the Council of the Borough of Caldwell as follows: That Chapter 230, of the Code of the Borough of Caldwell, New Jersey be amended as herein set forth: Add Section 230-34 as follows: 230-34 Resident Parking on Hanford Place Despite anything contained in this Chapter to the contrary, a person who owns property on Hanford Place shall be entitled to obtain a permit to allow that person to park a vehicle on Hanford Place in a metered parking spot without payment of the meter fee provided the person obtains a Permit from the Chief of Police for such parking and displays that Permit in accordance with the terms of this section 230-34.

A. Permits issued pursuant to this section may be obtained only by the owner of the property on Hanford Place, or the owner’s designee. One Permit shall be available to a property owner for each residential unit owned by the property owner on Hanford Place.

B. Permits shall be in the form of placard. The placard shall identify the property address of the

property owner to whom the Permit was issued.

C. The placard shall be in clear display, hung from the rear view mirror. Failure of a Permit holder to display the placard in the manner required herein will disqualify the Permit holder from the parking meter exemption provided in this section.

D. Permits can be transferred from vehicle to vehicle by the person possessing a Permit.

E. Nothing in this section shall be deemed to allow a vehicle to be parked in a manner or for a time that

violates any other section of this Chapter or that violates any other Borough ordinance.

F. Permits shall be valid for up to one full year from the date of issuance.

G. There shall be a fee of $5.00 for each permit issued.

2. All Ordinances of the Borough of Caldwell which are inconsistent with the provisions of this Ordinance are hereby repealed to the extent of such inconsistency. 3. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this Ordinance. 4. This Ordinance shall take effect immediately upon final passage, approval and publication as required by law.


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DATE OF FIRST READING: November 8, 2018 DATE OF SECOND READING: December 4, 2018 DATE OF PUBLICATION: November 17, 2018 DATE OF ADOPTION: December 4, 2018 MOVED: MOVED: SECONDED: SECONDED:

RECORD OF COUNCIL VOTE

Councilman: ________________ presented the following resolution - Seconded by Councilman: __________________ COUNCILMAN Yes No Absent Abstain COUNCILMAN Yes No Absent Abstain

Hauser

Rodgers

O’Donnell

Cole

Capozzoli

Lace

______________________________ ___________________________________ Lisa O’Neill, Deputy Clerk Ann Dassing, Mayor This ordinance, when adopted, must remain in the possession of the Municipal Clerk. Certified copies are available.



Councilman: ________________ presented the following resolution - Seconded by Councilman: __________________

COUNCILMAN Yes No Absent Abstain COUNCILMAN Yes No Absent Abstain

Hauser

Rodgers

O’Donnell

Cole

Capozzoli

Lace

________________________________ ___________________________________ Lisa O’Neill, Deputy Clerk Ann Dassing, Mayor

This resolution, when adopted, must remain in the possession of the Municipal Clerk. Certified copies are available.

Resolution No: 12-217

Date of Adoption: December 4, 2018

TITLE:

RESOLUTION AUTHORIZING THE BAGGING OF CALDWELL PARKING METERS FOR THE HOLIDAY SEASON FROM DECEMBER 1, 2018 TO JANUARY 1, 2019

BE IT RESOLVED that the Borough Council of the Borough of Caldwell hereby authorizes the bagging of Caldwell parking meters for the holiday season from December 1, 2018 to January 1, 2019.





Hauser

Rodgers

O’Donnell

Cole

Capozzoli

Lace





TITLE:

AUTHORIZING REFUND OF OVERPAYMENT, BLOCK 2, LOT 10.02, 11 Erwin Place, Caldwell, NJ

BE IT RESOLVED, by the Borough Council of the Borough of Caldwell, NJ that authorization is hereby given to refund the following tax overpayment to Homeowners due to a homeowner paying on the WIPP Payments twice in error at the Caldwell Website. BLOCK & LOT RECIPIENT REFUND AMOUNT B2, Lot 10.02 Blackfoot Properties $6,528.47 7 Glenwood Avenue, Suite 311C East Orange, NJ 07017





Hauser

Rodgers

O’Donnell

Cole

Capozzoli

Lace





TITLE:

AUTHORIZING REFUND OF OVERPAYMENT, BLOCK 36, LOT 15, 27 Central Avenue, Caldwell, NJ

BE IT RESOLVED, by the Borough Council of the Borough of Caldwell, NJ that authorization is hereby given to refund the following tax overpayment to Corelogic due to the property being sub-divided and Corelogic paying on the parent parcel in error, the bank is requesting the monies be returned to them. BLOCK & LOT RECIPIENT REFUND AMOUNT B36, Lot 15 Corelogic Tax Real Estate $4,594.99 Attn: Refund Dept. 95 Methodist Hill Road, Suite 100 Rochester, NY 14623





Hauser

Rodgers

O’Donnell

Cole

Capozzoli

Lace




Date of Adoption: November 20, 2018

TITLE:

AUTHORIZING PAYMENT OF BILLS AND THE ISSUANCE OF CHECKS FOR THE PERIOD THROUGH DECEMBER 4, 2018 FOR 2018/2017 BILLS IN THE TOTAL AMOUNT OF $3,344,200.59

BE IT RESOLVED by the Borough Council of the Borough of Caldwell, New Jersey that, WHEREAS, certain bills which are contained on the bills list which is annexed hereto and incorporated herein have been submitted to the Borough of Caldwell for payment, and; WHEREAS, pursuant to N.J.S.A. 40A:5:16, it has been certified to the governing body that the goods or services for which said bills were submitted have been received by or rendered to the Borough of Caldwell, and; WHEREAS, the Director of Finance of the Borough of Caldwell has certified to the governing body that there are funds legally appropriated and available in the current operating budget for the payment of said bills and that the said payment will not result in the disbursement of public monies or in the encumbering of same in excess of the 2017 and/or 2018 appropriation for said purpose; NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Caldwell that the, Borough Administrator and Deputy Clerk be and are hereby authorized to sign checks in payment of the bills set forth in the annexed schedule.





Hauser

Rodgers

O’Donnell

Cole

Capozzoli

Lace





TITLE:

RESOLUTION AUTHORIZING BUDGET TRANSFERS FOR CALENDAR YEAR 2018

WHEREAS, certain appropriations were required and provided for during the calendar year 2018 and will require additional sums for expenditures to the end of 2018; and WHEREAS, other appropriations reflect that balances do exist as of the end of the year 2018; and WHEREAS, it is provided per N.J.S.A. 40A:4-58 that municipalities may make transfers from appropriations having excesses to those requiring additional sums. NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the Borough of Caldwell that the list of transfers herein and below be and they are authorized to be made upon records of appropriations in the keeping of the Finance Director as per the amounts listed herein and below, provided this resolution is adopted by not less than 2/3 vote of the full membership of the Governing Body as required by Statute.

ACCOUNT TRANSFER IN TRANSFER OUT PENSION - PERS $ 0.32

FIRE PREVENTION O/E $ 1,000.00 SHADE TREE O/E $ 1,000.00 MUNICIPAL COURT O/E $ 2,000.00 VEHICLE REPAIR / MAINTENANCE $ 3,000.00 FIRE PREVENTION S&W $ 5,000.00 ZONING BOARD OF ADJUSTMENT O/E $ 15,000.00 SOCIAL SECURITY/MEDICARE $ 30,000.00 UNEMPLOYMENT

$ (15,000.00)

LEGAL O/E

$ (14,000.00) MUNICIPAL COURT S&W

$ (12,000.32)

PROSECUTOR

$ (10,000.00) OEM S&W

$ (5,000.00)

OFFICE OF EMERG MANAGEMENT O/E

$ (1,000.00) $ 57,000.32 $ (57,000.32)





Hauser

Rodgers

O’Donnell

Cole

Capozzoli

Lace





TITLE:

A RESOLUTION IN OPPOSITION TO NEW JERSEY SENATE CONTINUING RESOLUTION 43

WHEREAS, the fair and non-partisan apportionment of legislative districts is fundamental to a healthy democracy; and WHEREAS, the process known as “gerrymandering” is detrimental to the welfare of the Republic; and WHEREAS, state legislative districts in New Jersey are currently apportioned by the bi-partisan New Jersey Apportionment Commission composed of an equal number of members appointed by each major political party’s state chair plus a member appointed by the New Jersey Supreme Court; and WHEREAS, the current state legislative district apportionment process employed by the New Jersey Apportionment Commission enjoys bi-partisan support; and WHEREAS, Senate Concurrent Resolution 43 would put forward an amendment to the New Jersey Constitution, the enactment of which would negatively affect the current state legislative district apportionment process in a decidedly partisan fashion by allowing elected legislators to appoint commission members, by using federal election results as the criterion for determining whether a district was “favorable” to either political party, and by requiring only 10 of the 40 legislative districts to be “competitive;” and WHEREAS, Senate Concurrent Resolution 43 was advanced out of committee to the full Assembly under irregular circumstances; and WHEREAS, Senate Concurrent Resolution 43 is opposed by the League of Women Voters of New Jersey, the New Jersey Chapter of the NAACP, the New Jersey Institute for Social Justice, the Brennan Center for Justice, the Commerce and Industry Association of New Jersey, and other concerned public interest groups; NOW BE IT THEREFORE RESOLVED, by the Mayor and Council of the Borough of Caldwell in Essex County, that the Mayor and Council oppose New Jersey Senate Continuing Resolution 43 and call for its rejection by both Houses of the New Jersey Legislature when advanced for full consideration. BE IT FURTHER RESOLVED, that copy of this resolution be forwarded to Governor Phil Murphy, Assemblyman John McKeon, Assemblywoman Mila Jasey, Senator Richard Codey, and the Essex County Board of Chosen Freeholders.

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