BOROUGH OF CALDWELL NEW JERSEY6BAC054F... · 6/5/2018 · BOROUGH OF CALDWELL NEW JERSEY COUNCIL...

BOROUGHOFCALDWELLNEWJERSEY

COUNCILBUSINESS MEETING June 5, 2018

CaldwellCouncil Chambers1ProvostSquare

Caldwell,NewJersey070067:00pm

Council Chambers 1 Provost Square Caldwell, NJ June 5, 2018 / 7:00PM

Page 1 of 4

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 APPROVAL OF MINUTES

May 1, 2018 PRESENTATION Paul M. Carelli

2018 Administrator Report - “Financial Review”

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 INTRODUCTION OF ORDINANCE

ORDINANCE #1353-18: BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS IN AND BY THE BOROUGH OF CALDWELL, IN THE COUNTY OF ESSEX, NEW JERSEY, APPROPRIATING $2,400,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $2,280,000 BONDS OR NOTES OF THE BOROUGH TO FINANCE PART OF THE COST THEREOF. PUBLIC HEARING AND ADOPTION OF ORDINANCES ORDINANCE #1351-18: CALENDAR YEAR 2018 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.14) ORDINANCE #1352-18: AN ORDINANCE TO AMEND CHAPTER 41 OF THE CODE OF THE BOROUGH OF CALDWELL, THE CHAPTER TITLED “POLICE DEPARTMENT” TO ADD SECTION 41-44 TITLED “RANDOM DRUG TESTING OF POLICE OFFICERS” OPEN PUBLIC COMMENTS ON RESOLUTIONS

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


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MAYOR Ann Dassing

BOROUGH COUNCIL



Henderson Cole


AGENDA


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.

6-110

AUTHORIZING A PROFESSIONAL SERVICE AGREEMENT WITH BECKMEYER ENGINEERING FOR PROVIDING DESIGN AND CONSTRUCTION OBSERVATION SERVICES FOR THE WAKEFIELD PLACE AND WARD PLACE ROAD IMPROVEMENTS FOR A FEE NOT TO EXCEED $20,275.00 FOR THE DESIGN PHASE AND $18,900 FOR THE CONSTRUCTION PHASE

6-111

AUTHORIZING THE ISSUING OF LICENSE FOR RAFFLE. APPLICANT AND APPLICATION HAVE BEEN APPROVED BY THE CLERK’S OFFICE – Sisters of Saint Dominic – Off Premise/ Calendar Raffle – July 3, 2018, July 10th, July 17th, July 24th, July 31st, August 7th, August 14th, August 21st, August 28th, September 4th, September 11th, September 18th, September 25, 2018 – 2:00PM

6-112 RESOLUTION AMENDING THE LICENSE FOR RAFFLE. APPLICANT AND APPLICATION HAVE BEEN APPROVED BY THE CLERK’S OFFICE – Parent Faculty Association of Mt. St. Dominic Academy – Off Premise/ 50/50 Raffle – June 4, 2018 – 7:00PM – 11:00PM

6-113 PROCLAMATION DECLARING THE FIRST SATURDAY IN JUNE TO BE NATIONAL GUN VIOLENCE AWARENESS DAY IN THE BOROUGH OF CALDWELL

6-114 AUTHORIZING PAYMENT OF BILLS AND THE ISSUANCE OF CHECKS FOR THE PERIOD THROUGH MAY 15, 2018 FOR 2018/2017 BILLS IN THE TOTAL AMOUNT OF $1,134,500.40

6-115

RESOLUTION APPOINTING PAUL M. CARELLI AS THE BOROUGH ADMINISTRATOR FOR THE BOROUGH OF CALDWELL FOR A FOUR YEAR TERM COMMENCING APRIL 28, 2018 AND EXPIRING APRIL 27, 2022 OR UNTIL A SUCCESSOR IS APPOINTED AND SWORN IN ACCORDANCE WITH BOROUGH CODE CHAPTER 31, ARTICLE II, SECTION 8

6-116 PROCLAMATION DECLARING MAY 15 AS” PEACE OFFICERS MEMORIAL DAY”& DECLARING MAY 13 - MAY 19 AS “NATIONAL POLICE WEEK”IN THE BOROUGH OF CALDWELL

6-117 RESOLUTION REQUESTING PERMISSION FOR THE DEDICATION BY RIDER FOR DEVELOPER’S ESCROW FUND - REQUIRED BY N.J.S.A 40:55D-53.1

6-118

AUTHORIZING THE 2018 EQUIVALENT CONNECTION CHARGE OF $365.55 PER EQUIVALENT CONNECTION, BASED ON THE NUMBER OF EQUIVALENT CONNECTIONS AND THE APPLICATION OF THE SEWER USER AGREEMENTS BETWEEN THE BOROUGH OF CALDWELL AND THE SEWER USER MUNICIPALITIES OF WEST CALDWELL, NORTH CALDWELL, ESSEX FELLS, FAIRFIELD AND ROSELAND

6-119 AUTHORIZING THE ISSUING OF LICENSE FOR RAFFLE. APPLICANT AND APPLICATION HAVE BEEN APPROVED BY THE CLERK’S OFFICE – Caldwell College Alumni Association/Off Premise/Merchandise Raffle, September 17, 2018 – 7:00PM

6-120 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/50/50 Raffle, September 9, 2018 – 2:00PM


Page 3 of 4

MAYOR Ann Dassing

BOROUGH COUNCIL



Henderson Cole


AGENDA


6-121

AUTHORIZING THE ISSUANCE OF A PERMIT FOR CANVASSER/SOLICIT OR IN ACCORDANCE WITH APPLICATION FILED. APPLICANT AND APPLICATION HAS BEEN APPROVED BY THE POLICE DEPARTMENT AND THE BOROUGH CLERK’S OFFICE – Ebamba Eshick, Uwana Esniet, Kyler D. Howell, Chase Howell, Don Lundy and Guadalope Apple from Aptive Environmental, 19 State Route 10E, Unit 24, Succasunna, NJ

6-122 AUTHORIZING THE ISSUANCE OF RENEWAL LIQUOR LICENSES FOR THE PERIOD JULY 1, 2018 THROUGH JUNE 30, 2019. APPLICATIONS AND APPLICANTS HAVE BEEN APPROVED BY APPROPRIATE MUNICIPAL DEPARTMENTS

6-123 AUTHORIZING THE APPOINTMENT OF RENT REVIEW BOARD MEMBER – Joseph Valente

6-124 AUTHORIZING REFUND OF OVERPAYMENT, BLOCK 20, LOT 14, 75 FOREST AVENUE

6-125 AUTHORIZING THE LIEN REDEMPTION OF CERTIFICATE #15-00009, Block 54, Lot 3.38, 87 ROSELAND AVENUE, CALDWELL, NJ 07006

6-126 AUTHORIZING THE REFUND OF A PARKING PERMIT PAYMENT PAYABLE TO MR. BRYAN HARTIGAN

6-127 AUTHORIZING PAYMENT OF BILLS AND THE ISSUANCE OF CHECKS FOR THE PERIOD THROUGH JUNE 5, 2018 FOR 2018/2017 BILLS IN THE TOTAL AMOUNT OF $3,285,161.61

PUBLIC HEARING ON THE 2018 MUNICIPAL BUDGET

Members of the public are invited to comment at this time on the 2017 Municipal Budget

ADOPTION OF THE 2018 MUNICIPAL BUDGET

Heidi Wohlleb – Nisivoccia LLP Budget Document – Sheet 41/42

COUNCIL COMMITTEE REPORTS Borough Council Members

1. Council President Hauser 2. Councilman Rodgers 3. Councilman Lace 4. Councilman Cole

REPORT OF MAYOR Mayor Dassing


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MAYOR Ann Dassing

BOROUGH COUNCIL



Henderson Cole


AGENDA


REPORT OF BOROUGH ADMINISTRATOR Paul M. Carelli REPORT OF BOROUGH ATTORNEY Greg Mascera

1. Discussion – Caldwell University MOU 2. Social Media Policy – draft resolution for review

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 6/1/2018 with all available information as of this date. This agenda has been sent to four official newspapers of the Borough on 6/1/2018 in compliance with P. L. 1975, c 213 Lisa O’Neill, Deputy Clerk

BOROUGH OF CALDWELL COUNCIL BUSINESS/CONFERENCE MEETING

MINUTES – May 1, 2018

Page 1 of 5 The council Business meeting of the Borough Council of the Borough of Caldwell was called to order in the Council Chambers at 7:01PM. PRESENT: Mayor Dassing, Council President Hauser, Councilman O’Donnell, Capozzoli,

Rodgers, Lace and Cole ALSO PRESENT: Deputy Clerk, Lisa O’Neill, Borough Administrator, Paul Carelli & Borough Attorney, Greg Mascera 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 On a motion made by Councilman Lace, seconded by Councilman Rodgers unanimously affirmed, the Council moved into Executive Session at 7:02P.M. Mayor Dassing read the following statement: 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. The Executive Session will be discussion of Litigation update on Marinaro matter and Geary matter. The Executive Session was adjourned and upon a motion by Councilman Lace seconded by Councilman Rodgers the Council Business Conference Meeting was opened to the public and the press at 7:48PM. APPROVAL OF MINUTES: April 3, 2018 Moved by Councilman Lace, seconded by Councilman O’Donnell. No Discussion. On roll call, Council President Hauser, Councilman O’Donnell, Rodgers and Lace voted in the affirmative. Councilman Capozzoli and Cole abstained. Minutes approved 05/01/18. OPEN PUBLIC MEETING 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 O’Donnell, seconded by Councilman Rodgers to open meeting to the Public. Mr. Michael Wilczewski, 40 Roseland Avenue, has a problem with the height issue of the netting which was damaged by the snow storm he car has over $900.00 in damage. Ms. Hilda Moore, 23 Personette Street, wants to know when the stump will be removed in front of her house. She doesn’t want cameras from the park facing her house. Ann Marchioni, Environmental Commission, they are having a native plant expert come to Caldwell University and he has written a book called “Bringing Nature Home” and it’s all about native plants and how to incorporate them in your garden. At the same time they will be giving away a red Oak Tree and some swamp milk weed which will help the pollinator’s which will help the Monarchs. Between last year and this year we have lost 18% of our Monarch Butterflies.



Page 2 of 5 INTRODUCTION OF ORDINANCES ORDINANCE #1351-18: CALENDAR YEAR 2018 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4- 45.14) Moved by Councilman Lace, seconded by Councilman Rodgers. No Discussion. On roll call, all voted in the affirmative. Ordinance Introduced 05/01/18. ORDINANCE # 1352-18: AN ORDINANCE TO AMEND CHAPTER 41 OF THE CODE OF THE BOROUGH OF CALDWELL, THE CHAPTER TITLED “POLICE DEPARTMENT” TO ADD SECTION 41-44 TITLED “RANDOM DRUG TESTING OF POLICE OFFICERS” Moved by Councilman Capozzoli, seconded by Council President Hauser. No Discussion. On roll call, all voted in the affirmative. Ordinance Introduced 05/01/18. PUBLIC HEARING AND ADOPTION OF ORDINANCES Moved by Councilman Rodgers, seconded by Councilman Capozzoli, open meeting to the Public. Mrs. Alessandra Confessore, 21 Knollwood Terrace ORDINANCE #1348-18: AN ORDINANCE AMENDING CHAPTER 250 OF THE CODE OF THE BOROUGH OF CALDWELL, BEING THE CHAPTER TITLED ZONING, BY DESIGNATING A CERTAIN PROPERTY IN THE BOROUGH OF CALDWELL AS AN HISTORIC SITE PURSUANT TO CHAPTER 130 OF THE BOROUGH CODE Moved by Councilman Rodgers, seconded by Council President Hauser. No Discussion. On roll call, all voted in the affirmative. Ordinance Adopted 05/01/18. ORDINANCE #1349-18: AN ORDINANCE AMENDING CHAPTER 130 OF THE BOROUGH OF CALDWELL ENTITLED “HISTORIC PRESERVATION” TO ADD SECTION 130- 13, ENTITLED “HISTORIC SITES AND DISTRICTS” Moved by Councilman Rodgers, seconded by Councilman Capozzoli. No Discussion. On roll call, all voted in the affirmative. Ordinance Adopted 05/01/18. ORDINANCE #1350-18: AN ORDINANCE AMENDING THE ZONING MAP AS IDENTIFIED WITHIN CHAPTER 250, SECTION 5 OF THE CODE OF THE BOROUGH OF CALDWELL ENTITLED “ZONING ORDINANCE OF THE BOROUGH OF CALDWELL” TO DESIGNATE THE PROPERTY AND THE STRUCTURE ON THE PROPERTY IDENTIFIED ON THE CALDWELL TAX MAPS AS BLOCK 70, LOT 1 AND THE PROPERTY AND THE STRUCTURE ON THE PROPERTY IDENTIFIED ON THE CALDWELL TAX MAPS AS BLOCK 56, LOT 10.01 AS HISTORIC SITES IN ACCORDANCE WITH CHAPTER 130 OF THE BOROUGH CODE Moved by Councilman Rodgers, seconded by Councilman Capozzoli. Discussions Ensued. On roll call, all voted in the affirmative. Ordinance Adopted 05/01/18. OPEN PUBLIC COMMENTS ON RESOLUTIONS Moved by Council President Hauser, seconded by Councilman Capozzoli, open meeting to the Public. RESOLUTIONS – CONSENT AGENDA 5-101: RESOLUTION AUTHORIZING THE AWARD OF A NON-FAIR AND OPEN CONTRACT FOR LAWN CUTTING SERVICES FOR THE BOROUGH OF CALDWELL Moved by Councilman Lace, seconded by Councilman Rodgers. Discussions Ensued. On roll call, Council President Hauser, O’Donnell, Lace & Cole voted in the affirmative. Councilman Capozzoli & Rodgers abstained. Resolutions approved 05/01/18. 5-102: AUTHORIZING THE ISSUING OF LICENSE FOR RAFFLE. APPLICANT AND APPLICATION HAVE BEEN APPROVED BY THE CLERK’S OFFICE – Grover Cleveland Park Conservancy – On Premise/ Merchandise Raffle – May 5, 2018 - 7:00PM



Page 3 of 5 5-103: AUTHORIZING THE ISSUING OF LICENSE FOR RAFFLE. APPLICANT AND APPLICATION HAVE BEEN APPROVED BY THE CLERK’S OFFICE – Rotary/Kiwanis Street Fair, Inc. – Off Premise/ Merchandise Raffle – July 3, 2018 – 12:00PM – 5:00PM 5-104: AUTHORIZING THE LIEN REDEMPTION OF CERTIFICATE #17-00002, Block 3, Lot 1.01, 86 ARLINGTON AVENUE, CALDWELL, NJ 07006 5-105: AUTHORIZING THE REFUND OF A CONSTRUCTION DEPARTMENT PERMIT PAYMENT PAYABLE TO MR. KEITH CIMERA 5-106: AUTHORIZING THE FILING OF ASSESSOR'S TAX APPEALS, ANSWERS, COUNTERCLAIMS, APPEALS AND CROSS APPEALS IN TAX MATTERS ON BEHALF OF THE BOROUGH OF CALDWELL Moved by Councilman Lace, seconded by Councilman Rodgers. Discussions Ensued. On roll call, all voted in the affirmative. Resolutions approved 05/01/18. 5-107: AUTHORIZING A PROFESSIONAL SERVICE AGREEMENT WITH MASER CONSULTING P.A TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR A PASSAIC AVENUE GRAVITY SEWER EVALUATION FOR A FEE OF $5,300.00 Moved by Councilman Lace, seconded by Councilman Rodgers. Discussions Ensued. On roll call, Councilman O’Donnell, Capozzoli, Rodgers, Lace & Cole voted in the affirmative. Council President Hauser abstained. Resolutions approved 05/01/18. 5-108: AUTHORIZING PAYMENT OF BILLS AND THE ISSUANCE OF CHECKS FOR THE PERIOD THROUGH MAY 1, 2018 FOR 2018/2017 BILLS IN THE TOTAL AMOUNT OF $1,884,142.12 5-109: AUTHORIZING MATCHING FUNDS FOR THE 2018 PRESERVE NEW JERSEY HISTORIC PRESERVATION FUND HISTORIC SITE TO DEVELOP A COMPREHENSIVE PLAN FOR THE LIBRARY IN THE AMOUNT OF $11,600 Moved by Councilman Lace, seconded by Councilman Rodgers. Discussions Ensued. On roll call, all voted in the affirmative. Resolutions approved 05/01/18. INTRODUCTION OF THE 2018 MUNICIPAL BUDGET

Introduction of the 2018 Municipal Budget – Borough of Caldwell Paul Carelli responded that the Public hearing will be on June 5th. Moved by Councilman Rodgers, seconded by Councilman O’Donnell. Discussions Ensued. On roll call, all voted in the affirmative. Municipal Budget Introduced 05/01/18. COUNCIL COMMITTEE REPORTS: Council President Hauser reported on a shared service meeting he attended with West Caldwell. They discussed several areas and opportunities it appears that we will have an opportunity to purchase our fuel at a much reduced price and they have asked that those members come back with a proposal and hopefully act on at the next Council meeting. They are hoping to get information to West Caldwell and from West Caldwell about Animal Control; salt costs a salt dome to be built which would be Board of Education, Caldwell & West Caldwell together. The street sweeper is continued discussions possibly having West Caldwell sell the street sweeper to Caldwell and looking at a third party. REPORT OF MAYOR: Ann Dassing welcomed Bob Colaizzo back. The Mayor also thanked Bob Silver from Bravaitas Group for helping the Library with their Planning Grant application. Thank you to the Library and all the work that has gone into this grant application. Bob Silver’s Architect, Paul Sinonos, and the construction manager, met with the Library Grant team and helped to determine a plan which will be included in the Planning Grant application. The plan will bring the Library into the 21st century by increasing handicap access possibly adding a rest room and re-designing the existing space for better use for community gatherings and to better accommodate reading and research needs. Mr. Sinonos has provided a drawing of this concept and it will be included in the application. Thank you also to Bev Crifasi and Bob Kaplan who have worked very hard on the Grant application. The Mayor and Council President Hauser held their second meeting with Caldwell University and they discussed the Memorandum of Understanding with Caldwell University and the Caldwell Police



Page 4 of 5 Department which we are ready to turn over to Greg Mascera. They also discussed the agreement for the Kiwanis Oval for the Spring Football practices which Greg will talk about in his report so we can get that down to West Caldwell. The University has a new dining out campus meal plan that was implemented on April 18th and it’s in concert with their gourmet dining the students receive a card and they went to Calandra’s and there were 313 students that dined in his dining room that night. It was a tremendous hit and they are hoping that they will add more restaurants so we will see more young students in the downtown on a regular basis. The Mayor has received a request from Mayor Tempesta to schedule Sewer Board meeting with the towns to discuss the agreements. They would like to know what charges the Borough has with the other towns. REPORT OF ADMINISTRATOR: Paul Carelli reported:

• The sewer agreements letters were sent out and he has received favorable responses from Fairfield and Essex Fells. The agreements are all the same except for Roseland they pay percentage by flow. He has not heard back from North Caldwell and West Caldwell.

• The budget was introduced and the increase is $57.00 per household per year. • He will get into details when he does his financial presentation on June 5th. • He received some preliminary numbers from the Board of Ed today and he calculated what

he is estimating what the school increase will be and for the average household it is about $66.00.

• He is waiting to get some firm numbers on some projects and he should have a price for the roof and the siding and windows for this building by the end of the week.

• He spoke to Glenn Beckmeyer and they have tried a few different scenarios on how to fix the parking deck and it looks like we will have to do it the conventional way of knocking it out and pouring it. The abutment pricing came in above the bid threshold so we need to go out to bid. Glenn will have bid specs for the parking deck and the abutment hopefully for the next meeting.

• The air conditioning and heating unit on the roof at the Community Center broke down and that heats and cools the gymnasium. He will be getting pricing for that.

• He will be sending out seven letters to retirees in regards to dental plan once they are 65 they no longer are eligible for dental. That will save the Borough about $11,000.00 a year.

• The Chief and Paul met with a gentleman about the Drone and five (5) Police Departments would purchase the Drone and it would be about $5,000 for each town. Paul brought in another company and he thought the specs for the five (5) towns was a little over board and his price was for $9800 for our own which would include training for two (2) pilots.

• He will be reaching out to the Community Center committee there are some issues that need to be addressed.

Councilman Lace thanked Paul for updating the website. He went the extra mile to put up five (5) different traffic studies. REPORT OF BOROUGH ATTORNEY: Gregory Mascera reported that the football agreement has been revised as the Council had requested in February. Greg had made numerous requests for those revisions to be made and finally today we received the final version as requested. The Mayor will confirm with Mayor Tempesta that everyone is ready to present to the University. He is working on the landmark litigation moving towards settlement as we had discussed in previous private sessions and hopefully we will get court approval at the end of this month. Councilman Hauser reported that there is an ordinance that we adopted the Non-Life Hazard use and the fee that the University is getting is less than what would be deemed by letter of law and they are looking for a documentation of what that fee would be. Greg responded that he will look into it and confer with Mark and get back to the Council. REPORT OF THE COUNTY LIASION: Patricia Keenan reminded everyone of the upcoming hazardous waste collection on Saturday, May 5th from 8:30AM – 4:00PM as well as the Recycling day for Computers and Electronics on Saturday, May 19th from 9:00AM – 3:00PM. Councilman Cole asked about the road repair on Roseland Avenue when it will be paved. Chief responded that they are in the initial phase now.

OPEN PUBLIC MEETING Max Time: 3min per speaker

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



Page 5 of 5 Moved by Council President Hauser, seconded by Councilman Rodgers to open meeting to the Public. Claudine Pascale, Director Caldwell Library she thanked the Mayor and Council for their support of the application and she would like to thank Bev Crifasi and Bob Kaplan as well, it is a wonderful opportunity if we should receive the Grant to hopefully make some much needed improvements to the Library. Greg advised against going into Executive Session because individuals who will be discussed have not been Rice noticed. Discussions Ensued. Ann Marchioni, Environmental Commission the talk by Doug Tallamy is not only your Environmental Commission’s initiative but its Roseland and West Caldwell Environmental Commissions, Sustainable Verona, Grover Cleveland Park Conservancy, Conserve Wild Life Foundation, NJ Beekeepers Association and Rutgers Environmental Stewards. All these folks are interested in promoting Native plants chemical free Native plants to help the pollinators. Chief Bongiorno reported that Hanford will be paved on Thursday. 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 8:40PM. Prepared by: ___________________ _ ____________ Lisa O’Neill, Deputy Borough Clerk DATE

BOROUGH OF CALDWELL NEW JERSEY

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ORDINANCE# 1353-18

BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS IN AND BY THE BOROUGH OF CALDWELL, IN THE COUNTY OF ESSEX, NEW JERSEY, APPROPRIATING $2,400,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $2,280,000 BONDS OR NOTES OF THE BOROUGH TO FINANCE PART OF THE COST THEREOF

BE IT ORDAINED BY THE BOROUGH COUNCIL OF THE BOROUGH OF CALDWELL, IN THE COUNTY OF ESSEX, NEW JERSEY (not less than two-thirds of all members thereof affirmatively concurring) AS FOLLOWS: Section 1. The several improvements described in Section 3 of this bond ordinance are hereby respectively authorized to be undertaken by the Borough of Caldwell, in the County of Essex, New Jersey (the "Borough") as general improvements. For the several improvements or purposes described in Section 3, there are hereby appropriated the respective sums of money therein stated as the appropriation made for each improvement or purpose, such sums amounting in the aggregate to $2,400,000, and further including the aggregate sum of $120,000 as the several down payments for the improvements or purposes required by the Local Bond Law. The down payments have been made available by virtue of provision for down payment or for capital improvement purposes in one or more previously adopted budgets. Section 2. In order to finance the cost of the several improvements or purposes not covered by application of the several down payments, negotiable bonds are hereby authorized to be issued in the principal amount of $2,280,000 pursuant to the Local Bond Law. In anticipation of the issuance of the bonds, negotiable bond anticipation notes are hereby authorized to be issued pursuant to and within the limitations prescribed by the Local Bond Law. Section 3. The several improvements hereby authorized and the several purposes for which the bonds are to be issued, the estimated cost of each improvement and the appropriation therefor, the estimated maximum amount of bonds or notes to be issued for each improvement and the period of usefulness of each improvement are as follows:

Purpose

Appropriation & Estimated Cost

Estimated Maximum Amount of Bonds & Notes

Period of Usefulness

a) Administration 1) Technology upgrades, including all work and materials necessary therefor and incidental thereto and further including all related costs and expenditures incidental thereto. 2) Various improvements, including, but not limited to, Borough Hall siding and roof replacement, rehabilitation of the parking deck and library upgrades/ miscellaneous building improvements, including all work and materials necessary therefor and incidental thereto and further including all related costs and expenditures incidental thereto. 3) Decorative street light expansion, including all work and materials necessary therefor and incidental thereto.

$75,000 $975,000 $25,000

$71,250 $926,250 $23,750

5 years 10 years 10 years


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b) Public Safety 1) The replacement of vehicles, including, but not limited to, police sport utility vehicles and further including all related costs and expenditures incidental thereto. 2) The acquisition of equipment, including, but not limited to, a stationary license plate reader and radar units for patrol vehicles and further including all related costs and expenditures incidental thereto. 3) The acquisition of equipment, including, but not limited to, a message board and further including all related costs and expenditures incidental thereto. 4) The acquisition of equipment, including, but not limited to, a generator and further including all related costs and expenditures incidental thereto. 5) The acquisition of equipment for the Fire Department, including all related costs and expenditures incidental thereto.

$80,000 $30,000 $20,000 $125,000 $100,000

$76,000 $28,500 $19,000 $118,750 $95,000

5 years 10 years 10 years 15 years 5 years

c) Public Works 1) Road improvements and repairs, including, but not limited to, milling, paving and resurfacing, all as set forth on a list on file in the Office of the Clerk, including all work and materials necessary therefor and incidental thereto. 2) The acquisition of equipment, including, but not limited to, a roll-off container, a salter and a dump truck body and further including all related costs and expenditures incidental thereto. 3) The acquisition of vehicles, including, but not limited to, a truck with a plow and a hook and go body truck and further including all related costs and expenditures incidental thereto. 4) The acquisition of equipment, including, but not limited to, a street sweeper and further including all related costs and expenditures incidental thereto.

$150,000 $120,000 $175,000 $225,000

$142,500 $114,000 $166,250 $213,750

10 years 15 years 5 years 15 years


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d) Community Center Various improvements, including, but not limited to, upgrades to various heating, ventilation and air-conditioning systems and the replacement of a dectron unit, including all work and materials necessary therefor and incidental thereto and further including all related costs and expenditures incidental thereto.

$300,000

$285,000

15 years

Total:

$2,400,000

$2,280,000

The excess of the appropriation made for each of the improvements or purposes aforesaid over the estimated maximum amount of bonds or notes to be issued therefor, as above stated, is the amount of the down payment for each purpose.

Section 4. All bond anticipation notes issued hereunder shall mature at such times as may be determined by the chief financial officer; provided that no bond anticipation note shall mature later than one year from its date, unless such bond anticipation notes are permitted to mature at such later date in accordance with applicable law. The bond anticipation notes shall bear interest at such rate or rates and be in such form as may be determined by the chief financial officer. The chief financial officer shall determine all matters in connection with bond anticipation notes issued pursuant to this bond ordinance, and the chief financial officer's signature upon the bond anticipation notes shall be conclusive evidence as to all such determinations. All bond anticipation notes issued hereunder may be renewed from time to time subject to the provisions of the Local Bond Law or other applicable law. The chief financial officer is hereby authorized to sell part or all of the bond anticipation notes from time to time at public or private sale and to deliver them to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the date of delivery thereof. The chief financial officer is directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the bond anticipation notes pursuant to this bond ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the bond anticipation notes sold, the price obtained and the name of the purchaser. Section 5. The Borough hereby certifies that it has adopted a capital budget or a temporary capital budget, as applicable. The capital or temporary capital budget of the Borough is hereby amended to conform with the provisions of this bond ordinance to the extent of any inconsistency herewith. To the extent that the purposes authorized herein are inconsistent with the adopted capital or temporary capital budget, a revised capital or temporary capital budget has been filed with the Division of Local Government Services. Section 6. The following additional matters are hereby determined, declared, recited and stated: (a) The improvements or purposes described in Section 3 of this bond ordinance are not current expenses. They are all improvements or purposes that the Borough may lawfully undertake as general improvements, and no part of the cost thereof has been or shall be specially assessed on property specially benefitted thereby. (b) The average period of usefulness, computed on the basis of the respective amounts of obligations authorized for each purpose and the reasonable life thereof within the limitations of the Local Bond Law, is 10.70 years. (c) The Supplemental Debt Statement required by the Local Bond Law has been duly prepared and filed in the office of the Clerk, and a complete executed duplicate thereof has been filed in the office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. Such statement shows that the gross debt of the Borough as defined in the Local Bond Law is increased by the authorization of the bonds and notes provided in this bond ordinance by $2,280,000, and the obligations authorized herein will be within all debt limitations prescribed by that Law. (d) An aggregate amount not exceeding $480,000 for items of expense listed in and permitted under N.J.S.A. 40A:2- 20 is included in the estimated cost indicated herein for the purposes or improvements.


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Section 7. The Borough hereby declares the intent of the Borough to issue bonds or bond anticipation notes in the amount authorized in Section 2 of this bond ordinance and to use the proceeds to pay or reimburse expenditures for the costs of the purposes or improvements described in Section 3 of this bond ordinance. This Section 7 is a declaration of intent within the meaning and for purposes of Treasury Regulations. Section 8. Any grant moneys received for the purposes or improvements described in Section 3 hereof shall be applied either to direct payment of the cost of the improvements or to payment of the obligations issued pursuant to this bond ordinance. The amount of obligations authorized but not issued hereunder shall be reduced to the extent that such funds are so used. Section 9. The chief financial officer of the Borough is hereby authorized to prepare and to update from time to time as necessary a financial disclosure document to be distributed in connection with the sale of obligations of the Borough and to execute such disclosure document on behalf of the Borough. The chief financial officer is further authorized to enter into the appropriate undertaking to provide secondary market disclosure on behalf of the Borough pursuant to Rule 15c2-12 of the Securities and Exchange Commission (the “Rule”) for the benefit of holders and beneficial owners of obligations of the Borough and to amend such undertaking from time to time in connection with any change in law, or interpretation thereof, provided such undertaking is and continues to be, in the opinion of a nationally recognized bond counsel, consistent with the requirements of the Rule. In the event that the Borough fails to comply with its undertaking, the Borough shall not be liable for any monetary damages, and the remedy shall be limited to specific performance of the undertaking. Section 10. The full faith and credit of the Borough are hereby pledged to the punctual payment of the principal of and the interest on the obligations authorized by this bond ordinance. The obligations shall be direct, unlimited obligations of the Borough, and the Borough shall be obligated to levy ad valorem taxes upon all the taxable real property within the Borough for the payment of the obligations and the interest thereon without limitation of rate or amount. Section 11. This bond ordinance shall take effect 20 days after the first publication thereof after final adoption, as provided by the Local Bond Law.

DATE OF FIRST READING: June 5, 2018 DATE OF SECOND READING: July 17, 2018 DATE OF PUBLICATION: June 14, 2018 DATE OF ADOPTION: July 17, 2018

RECORD OF COUNCIL VOTE

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

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______________________________ ___________________________________ 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.


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ORDINANCE# 1351-18

CALENDAR YEAR 2018 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.14)

WHEREAS, the Local Government Cap Law, N.J.S. 40A: 4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget up to 2.5% unless authorized by ordinance to increase it to 3.5% over the previous year’s final appropriations, subject to certain exceptions; and,

WHEREAS, N.J.S.A. 40A: 4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and,

WHEREAS, the Borough Council of the Borough of Caldwell in the County of Essex finds it advisable and necessary to increase its CY 2018 budget by up to 3.5% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and,

WHEREAS, the Borough Council hereby determines that a 1% increase in the budget for said year, amounting to $76,261 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and,

WHEREAS, the Borough Council hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years

NOW THEREFORE BE IT ORDAINED, by the Borough Council of the Borough of Caldwell in the County of Essex, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2018 budget year, the final appropriations of the Borough of Caldwell shall, in accordance with this ordinance and N.J.S.A. 40A: 4-45.14, be increased by 3.5%, amounting to $266,914 and that the CY 2018 municipal budget for the Borough of Caldwell be approved and adopted in accordance with this ordinance; and,

BE IT FURTHER ORDAINED, that any that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and,

BE IT FURTHER ORDAINED, that a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within 5 days of introduction; and,

BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within 5 days after such adoption.

DATE OF FIRST READING: May 1, 2018 DATE OF SECOND READING: June 5, 2018

DATE OF PUBLICATION: May 10, 2018 DATE OF ADOPTION: June 5, 2018



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ORDINANCE# 1352-18

AN ORDINANCE TO AMEND CHAPTER 41 OF THE CODE OF THE BOROUGH OF CALDWELL, THE CHAPTER TITLED “POLICE DEPARTMENT” TO ADD SECTION 41-44 TITLED “RANDOM DRUG TESTING OF POLICE OFFICERS”

WHEREAS, on March 20, 2018 the Attorney General of the State of New Jersey issued Directive No. 2018-2 titled “Statewide Mandatory Random Drug Testing” (the “Directive”) to ensure that law enforcement provides the highest level of services to the public, and that all officers have the physical and mental capacity to perform their duties safely and effectively; and WHEREAS, in accordance with the Directive, all law enforcement agencies operating under the authority of the laws of the State of New Jersey are required to implement and comply with the policies, procedures, standards, and practices set forth in the Directive. NOW THEREFORE BE IT ORDAINED by the Council of the Borough of Caldwell in the County of Essex, State of New Jersey as follows: Chapter 41 titled “Police Department”, of Part I titled “Administrative Legislation”, of the Borough of Caldwell General Ordinances is hereby amended to add Section 41-44, titled “Random Testing of Police Officers” as follows:

1. Section 41-44 Random Drug Testing of Police Officers

A. The Chief of Police shall implement and maintain a Random Drug Testing Policy in accordance with Attorney General Law Enforcement Directive No. 2018-2, and any successor directive, and in accordance with legislation and administrative rule, now in effect or effective after the effective date of this Section 41-44 requiring the Police Department to conduct random drug testing on members of the Police Department.

B. Every member of the Police Department is subject to the terms of Attorney General Law Enforcement

Directive No. 2018-2, and any successor directive, and subject to legislation and administrative rule, now in effect or effective after the effective date of this Section 41-44, requiring the Police Department to conduct random drug testing on members of the Police Department.

2. All Ordinances of the Borough of Caldwell that 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.

DATE OF FIRST READING: May 1, 2018 DATE OF SECOND READING: June 5, 2018 DATE OF PUBLICATION: May 10, 2018 DATE OF ADOPTION: June 5, 2018



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Resolution No: 6-110

Date of Adoption: June 5, 2018

TITLE:

AUTHORIZING A PROFESSIONAL SERVICE AGREEMENT WITH BECKMEYER ENGINEERING FOR PROVIDING DESIGN AND CONSTRUCTION OBSERVATION SERVICES FOR THE WAKEFIELD PLACE AND WARD PLACE ROAD IMPROVEMENTS FOR A FEE NOT TO EXCEED $20,275.00 FOR THE DESIGN PHASE AND $18,900 FOR THE CONSTRUCTION PHASE

WHEREAS, the Borough of Caldwell has a need to acquire engineering services as pursuant to the provisions of N.J.S.A. 19:44A-20.5 et seq.; and WHEREAS, the Borough Treasurer has determined and certified in writing that the value of the acquisition will exceed $17,500; and WHEREAS, Beckmeyer Engineering has submitted a proposal dated September 1, 2017 indicating that they will provide design and construction services for the Wakefield Place and Ward Place road improvements for a fee not to exceed $20,275.00 for the design phase and $18,700 for the construction phase; and WHEREAS, Beckmeyer Engineering has completed and submitted a Business Entity Disclosure Certification which certifies that Beckmeyer Engineering has not made any reportable contributions to a political or candidate committee in the Borough of Caldwell in the previous one-year, and that the contract will prohibit Beckmeyer Engineering from making any reportable contributions through the term of the contract; and WHEREAS, the Chief Financial Officer has certified that funds are available pursuant to N.J.A.C. 5:30-5.4 NOW THEREFORE BE IT RESOLVED that the Borough of Caldwell authorizes the Borough Administrator to enter into a contract for the Borough of Caldwell as described herein; and BE IT FUTHER RESOLVED that the Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution; and BE IT FUTHER RESOLVED that the Local Public Contracts Law N.J.S.A. 40A:11-5(1), et seq. requires that the resolution authorizing the award of Contracts for Professional Services without competitive bids must be publicly advertised;

CERTIFICATION OF AVAILABLE FUNDS As required by N.J.S.A. 40A:4-57, N.J.A.C. 5:34-5.1 et seq. and any other applicable requirement, I, Kenneth Sesholtz, Chief Financial Officer of the Borough of Riverdale, have ascertained that there are available sufficient uncommitted funds in the line item specified below to award the contract specified in the above resolution, in the amount specified below. I further certify that I will encumber these finds upon the passage of this resolution.

C-04-12-124-801 _____ Ordinance #1248-12 ___________________ $9,028.25 Line Item Description ̀ Amount

C-04-12-130-900 _____ Ordinance #1309-00 ___________________$30,146.75 Line Item Description ̀ Amount ________________________________________________________________________________ Chris Battaglia, Chief Financial Officer Date


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

__________________ COUNCILMAN Yes No Absent Abstain COUNCILMAN Yes No Absent Abstain

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________________________________ ___________________________________ Lisa O’Neill, Acting Borough Clerk Ann Dassing, Mayor

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

BECKMEYERENGINEERING, P. C.

Borough of Caldwell 1 Provost Square Caldwell New Jersey 07002

Attn: Mr. Paul Carelli, Business Administrator

Re: Proposal 2017 Roadway Program Wakefield Place and Ward Place

Dear Mr. Carelli:

September 1, 2017

Beckmeyer Engineering, P.C. (B.E.) is pleased to present a Proposal encompassing the Design and

Construction Observation Services to the Borough of Caldwell (Borough) for the above Project. We

have listed the various items and disciplines that we will be offering to perform this work for the Borough. We appreciate this oppo1tunity to submit this proposal.

SCOPE: We propose to provide Design and Construction Observation Services for the above

referenced project having a construction duration of sixty (#60) days from the Contractor signing of

the Contract. The project will require milling and paving with additional base repairs where required. The design will also include adding Belgium Block curbs on Hanford Place. It is NOT anticipated that Drainage facilities will be added to any above referenced street, therefore any drainage facility design is outside this scope. Sidewalk and driveway retrofit as appropriate. ADA ramps will be

upgraded to comply with current requirements, which included installation of detectable warning

surfaces at correct slopes. Pavement markings will be installed in accordance with standards set fo1ih in the l\llanua/ on Un{form Traffic Control Devices. Curb pieces and bicycle safe grates will be installed, where and if required, throughout the project 1 imits. This project does not anticipate any design requirements beyond the boundary of the project which includes the R.O.W. (right of ways) of

the above referenced streets or into the County Roads or County Parks. Any design or work required or requested beyond the preceding outline this boundary is outside this scope and not within this

proposal. Ce1tified surveying and topographical work will not be performed, but plans will be generated by use of tax maps and field measurements. Any work beyond the above referenced

Construction duration will not be performed without subsequent Borough approval and if approved

will be billed by our hourly rates to the Borough (below) for this work and for work beyond the scope

(if requested by the Borough). When approved work will be completed to go out to bid in not more

than twelve weeks (unless work outside the above scope is required or requested or delayed by outside agencies.)

117 Herman Street, East Rutherford, New Jersey 07073 (201 J 635-9401 Tel. • (201) 635-9404 Fax

www. beckmeyerenf:}1neer1nq. com

Re: Proposal 2017 Roadway Program Wakefield Place and Ward Place

SCOPE OF SERVICES Beckmeyer Engineering will perform the following scope of services:

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I. Perform a site visit and prepare plans using general information and field measurements. A certified survey and/or topographic mapping is NOT proposed for this project.

2. Prepare roadway construction plans and specifications in accordance with NJ DOT (current)

and the Borough's requirements.

3. Prepare bid documents and advertise the project.

4. Coordinate and attend a pre-construction meeting with appropriate

Borough officials, utility companies and other parties affected by the

construction activities.

5. Provide site observation services during the construction phase.

6. Review contractor invoices and submit to the Borough for approval.

7. Final inspection of the project.

ITEMS NOT INCLUDED IN THIS PROPOSAL The following items are not anticipated to be pati of this project and are therefore not included within this proposal or proposed fee:

I. ROW Location Determination

2. Certified Survey

3. Topographical Survey

4. Drainage Study and/or design

5. Soi I Erosion and Sediment Control Plan Ceriification

6. PermitFees

7. ew Jersey Depatiment ofEnvironmental Protection Perm its

8. Right-of-Way and/or Easement Plans or Descriptions

9. Structural Plans (Including Retaining Walls)

I 0. Material Testing (required by the NJDOT.) If required to pay, the cost would be approximately $4,500.00 which is NOT in this proposal

Re: Proposal 20 17 Roadway Program Wakefield Place and Ward Place

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FEE: The fee for of the above scope will not exceed $20,275 for the design phase and

$18,900 for the Construction Phase, the rates as outlined in the following table. Any work

beyond th is scope wi II not be performed without subsequent Borough approval. Our hourly

rates to the Borough for this work and for work beyond the scope (if requested by the Borough)

are as follows:

HOURLY RATES ( ) range:

CLASSTFICA TTON BILLING RATE(R) HOURS CHARGED(H) RxH

PRINCIPAL I30.00

PROFESSIONAL ENGINEER 120.00

SENIOR ENGINEER 110.00

STAFF ENGINEER 100.00

CADD/OESIGN/ORAFTSMEN 95.00

HEAD FIELD 95.00

FIELD 90.00

TECHNICAL SUPPORT 60.00 - -�

The above rate table is being proposed based prior Borough preference and on the history

between Beckmeyer Engineering and the Borough.

--

REIMBURSABLE EXPENSES: Contracted Services including sub consultants,

subcontractors, printers. messengers and express mailing services shall be billed at cost+ l 0%.

Mail notifications for The Borough and/or other agencies. Reimbursement for Application Fees

and fees for all Agencies or material costs. Also, travel expenses (po11 to port) for trips with a

111 ileage cost of $0.50 per m ile and tolls. Additional meetings outside the Town wi 11 be billed by

time, mileage and tolls. Overnight accommodations and time will be charged if meetings

outside the town extend past 10:00 pm with more than 1-112 hours of travel time back to the

town. Direct expenses as blueprinting, reproduction, messenger, and delivery services (Express

Mail) shall be reimbursable at cost+ I 0%. Blueprints. beyond three submitted to the client, if

done at our office will be invoiced as follows:

I l "x l 7" @ $ 2.50 l 8"x 24"@ $4.50 24"x 36"@ $ 9.00 34"x 48" @ $12.00

Re: Proposal 201 7 Roadway Program Wakefield Place and Ward Place

President

Please sign one copy and return. Borough of Caldwell

Paul Carelli Business Administrator

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

COUNCILMAN Yes No Absent Abstain COUNCILMAN Yes No Absent Abstain

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




TITLE:

AUTHORIZING THE ISSUING OF LICENSE FOR RAFFLE. APPLICANT AND APPLICATION HAVE BEEN APPROVED BY THE CLERK’S OFFICE – Sisters of Saint Dominic – Off Premise/ Calendar Raffle – July 3, 2018, July 10th, July 17th, July 24th, July 31st, August 7th, August 14th, August 21st, August 28th, September 4th, September 11th, September 18th, September 25, 2018 – 2:00PM

BE IT RESOLVED by the Borough Council of the Borough of Caldwell, New Jersey that the following be and is hereby granted a raffle license in accordance with the application filed. Applicant and application has been approved by the Borough Council. RA-1371 Sisters of Saint Dominic Off Premise – Calenddar Raffle

July 3, 2018, July 10th, July 24th, July 31st, August 7th August 14th, August 21st, August 28th, September 4th, September 11th, September 18th, September 25, 2018 – 2:00PM

FURTHER BE IT RESOLVED that the Clerk be and is hereby authorized to sign a statement of Findings and Determination granting said license and the Borough Clerk be and is hereby authorized to sign said license.





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TITLE:

RESOLUTION AMENDING THE LICENSE FOR RAFFLE. APPLICANT AND APPLICATION HAVE BEEN APPROVED BY THE CLERK’S OFFICE – Parent Faculty Association of Mt. St. Dominic Academy – Off Premise/ 50/50 Raffle – June 4, 2018 – 7:00PM – 11:00PM

BE IT RESOLVED by the Borough Council of the Borough of Caldwell, New Jersey that the following be and is hereby granted a raffle license in accordance with the application filed. Applicant and application has been approved by the Borough Council. RA-1366 Parent Faculty Association of Mt. St. Dominic Academy Off Premise – 50/50 Raffle

June 4, 2018 – 7:00PM – 11:00PM






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TITLE:

PROCLAMATION DECLARING THE FIRST SATURDAY IN JUNE TO BE NATIONAL GUN VIOLENCE AWARENESS DAY IN THE BOROUGH OF CALDWELL

WHEREAS, every day, 96 Americans are killed by gun violence and on average there are nearly 13,000 gun homicides every year; and WHEREAS, Americans are 25 times more likely to be killed with guns than people in other developed countries; and WHEREAS, protecting public safety in the communities they serve is local government’s highest responsibility; and WHEREAS, support for the Second Amendment rights of law-abiding citizens goes hand-in hand with keeping guns away from dangerous people; and WHEREAS, local government and law enforcement officers know their communities best, are the most familiar with local criminal activity and how to address it, and are best positioned to understand how to keep their citizens safe; and WHEREAS, the Brady Campaign to Prevent Gun Violence, Mayors Against Illegal Guns, Everytown For Gun Safety, and other national organizations will wear and asks all concerned Americans to wear orange on Saturday, June 2nd, in order to raise awareness about gun violence and honor the lives of victims and survivors; and WHEREAS, Mayor Ann Dassing is a member of the Mayors Against Illegal Guns coalition; and WHEREAS, we renew our commitment to reduce gun violence and pledge to do all we can to keep firearms out of the wrong hands, and encourage responsible gun ownership to help keep our children safe. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Borough of Caldwell declares the first Saturday in June (June 2, 2018) to be National Gun Violence Awareness Day in the Borough of Caldwell. The Mayor and Council encourage all residents to wear orange on that day in order to support their local community’s efforts to prevent the tragic effects of gun violence and to honor and value human lives.





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TITLE:

AUTHORIZING PAYMENT OF BILLS AND THE ISSUANCE OF CHECKS FOR THE PERIOD THROUGH MAY 15, 2018 FOR 2018/2017 BILLS IN THE TOTAL AMOUNT OF $1,134,500.40

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.





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TITLE:

RESOLUTION APPOINTING PAUL M. CARELLI AS THE BOROUGH ADMINISTRATOR FOR THE BOROUGH OF CALDWELL FOR A FOUR YEAR TERM COMMENCING APRIL 28, 2018 AND EXPIRING APRIL 27, 2022 OR UNTIL A SUCCESSOR IS APPOINTED AND SWORN IN ACCORDANCE WITH BOROUGH CODE CHAPTER 31, ARTICLE II, SECTION 8

WHEREAS, Paul M. Carelli has served as the Borough Administrator of the Borough of Caldwell from May

2010 to the present pursuant to an agreement of employment dated May 11, 2010 and thereafter renewed on June 16, 2014; and

WHEREAS, the agreement of employment between the Borough of Caldwell and Paul M. Carelli has

expired pursuant to its terms; and WHEREAS, NJSA 40A:9-136 provides for a Borough to appoint an Administrator; and WHEREAS, the Mayor of the Borough of Caldwell has nominated Paul M. Carelli to be re-appointed as the

Borough Administrator at an annual salary to be determined in the Employment Agreement; and

WHEREAS, funds are available to pay for the employment services contemplated herein; and NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Caldwell, County of Essex, as follows:

1. The Borough Council hereby consents to the Mayor’s appointment of Paul M. Carelli as the Borough Administrator for a term from April 28, 2018 to April 27, 2022.

2. The Borough shall enter into an agreement with Paul M. Carelli which shall be as set forth herein.

3. The Mayor and Borough Clerk are hereby authorized and directed to execute an Employment

Agreement with the named employee, which agreement shall be maintained on file with the Borough Clerk and be available for public inspection.

4. A notice of this action shall be printed in the Caldwell Progress as required by law.





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TITLE:

PROCLAMATION DECLARING MAY 15 AS” PEACE OFFICERS MEMORIAL DAY”& DECLARING MAY 13 - MAY 19 AS “NATIONAL POLICE WEEK”IN THE BOROUGH OF CALDWELL

WHEREAS, in 1962, President John F. Kennedy designated May 15 as “Peace Officers Memorial Day,” and

the week in which May 15 falls as “National Police Week;” and WHEREAS, by a joint resolution approved October 1, 1962, and by Public Law 103-322, as amended (36

U.S.C. 136-137), the President is authorized and requested to designate May 15 of each year as “Peace Officers Memorial Day” and the week in which it falls as “Police Week.”

WHEREAS, on May 11th, President Donald J. Trump proclaimed May 15, 2018, as “Peace Officers Memorial

Day” and May 13 through May 19, 2018, as “National Police Week;” and WHEREAS, the members of the Caldwell Police Department play an essential role in safeguarding the

rights and freedoms of residents within the Borough and keeping the peace; and WHEREAS, it is important that all citizens know and understand the duties, responsibilities, hazards and

sacrifices of their law enforcement agency, and that members of our law enforcement agency recognize their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and

WHEREAS, the men and women of the Caldwell Police Department unceasingly provide a vital public

service. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Caldwell proclaim May 15, 2018, to be recognized as “National Peace Officers Memorial Day” and calls upon all residents and upon all patriotic, civic and educational organizations to observe the week of May 13-19, 2018, as “National Police Week,” observing and commemorating law enforcement officers, past and present, who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service to their communities. The Mayor and Council encourage all residents to express their appreciation to member of the Caldwell Police Department and all law enforcement officers during this nationally recognized week.





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TITLE:

RESOLUTION REQUESTING PERMISSION FOR THE DEDICATION BY RIDER FOR DEVELOPER’S ESCROW FUND - REQUIRED BY N.J.S.A 40:55D-53.1

WHEREAS, permission is required of the Director of the Division of Local Government Services for approval as a dedication by rider of revenues received by a municipality when the revenue is subject to reasonably accurate estimates in advance; and WHEREAS, N.J.S.A 40:55D-53.1 provides for receipt of Developer’s Escrow Fees by the municipality to provide for the operating costs to administer this act; and, WHEREAS, N.J.S.A. 40A:4-39 provides the dedicated revenues anticipated Escrow Fees are hereby anticipated as revenue and are hereby appropriated for the purpose to which said revenue is dedicated by statute or other legal requirement: NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the Borough of Caldwell, County of Essex, New Jersey as follows:

1. The Governing Body does hereby request permission of the Director of the Division of Local Government Services to pay expenditures of Developers Escrow Fund - N.J.S.A 40:55D-53.1

2. The Clerk of the Borough of Caldwell, County of Essex is hereby directed to forward two certified copies of this Resolution to the Director of the Division of Local Government Services.





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TITLE:

AUTHORIZING THE 2018 EQUIVALENT CONNECTION CHARGE OF $365.55 PER EQUIVALENT CONNECTION, BASED ON THE NUMBER OF EQUIVALENT CONNECTIONS AND THE APPLICATION OF THE SEWER USER AGREEMENTS BETWEEN THE BOROUGH OF CALDWELL AND THE SEWER USER MUNICIPALITIES OF WEST CALDWELL, NORTH CALDWELL, ESSEX FELLS, FAIRFIELD AND ROSELAND

BE IT RESOLVED by the Borough Council of the Borough of Caldwell, New Jersey that they do hereby adopt the 2018 equivalent connection charge based on the Sewer User Agreements with West Caldwell, North Caldwell, Essex Fells, Fairfield and Roseland and the calculations performed by the Borough Administrator and Borough Sewer Director. BE IT RESOLVED by the Borough Council of the Borough of Caldwell that the number of equivalent connections per sewer user municipality used for the purposes of the calculations shall be in accordance with the number of connections adjusted through the implementation of the 2014 Caldwell Sewer Utility sewer connection audit and connections reported by each municipality through December 31, 2015 as follows:

Caldwell 3,069.3 West Caldwell 4,506.0 North Caldwell 2,023.6 Essex Fells 787.9 Fairfield 110.0 TOTAL: 10,496.8

BE IT RESOLVED by the Borough Council of the Borough of Caldwell that the percentage of flow used for the purposes of the calculations for the Borough of Roseland shall be in accordance with total 2017 Roseland flow divided by the 2017 Total System flow at the Caldwell Wastewater Treatment plant through December 31, 2017 as follows:

Roseland Flow: 215,486,000 Total System Flow: 1,462,400,000 PERCENTAGE: 14.74%

NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Caldwell, New Jersey that the equivalent connection charge is set at $365.55 per equivalent connection for the sewer user municipalities of Caldwell, West Caldwell, North Caldwell, Essex Fells, and Fairfield and a percentage rate of 14.74% for the user municipality of Roseland and that the Borough Administrator is authorized to forward bills to the sewer user municipalities.





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AUTHORIZING THE ISSUING OF LICENSE FOR RAFFLE. APPLICANT AND APPLICATION HAVE BEEN APPROVED BY THE CLERK’S OFFICE – Caldwell College Alumni Association/Off Premise/Merchandise Raffle, September 17, 2018 – 7:00PM

BE IT RESOLVED by the Borough Council of the Borough of Caldwell, New Jersey that the following be and is hereby granted a raffle license in accordance with the application filed. Applicant and application has been approved by the Borough Council. RA-1372 Caldwell College Off Premise – Merchandise Raffle

September 17, 2018 – 7:00PM






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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/50/50 Raffle, September 9, 2018 – 2:00PM

BE IT RESOLVED by the Borough Council of the Borough of Caldwell, New Jersey that the following be and is hereby granted a raffle license in accordance with the application filed. Applicant and application has been approved by the Borough Council. RA-1373 Saint Aloysius Roman Catholic Church Off Premise – 50/50 Raffle

September 9, 2018 – 2:00PM






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AUTHORIZING THE ISSUANCE OF A PERMIT FOR CANVASSER/SOLICIT OR IN ACCORDANCE WITH APPLICATION FILED. APPLICANT AND APPLICATION HAS BEEN APPROVED BY THE POLICE DEPARTMENT AND THE BOROUGH CLERK’S OFFICE – Ebamba Eshick, Uwana Esniet, Kyler D. Howell, Chase Howell, Don Lundy and Guadalope Apple from Aptive Environmental, 19 State Route 10E, Unit 24, Succasunna, NJ

BE IT RESOLVED by the Borough Council of the Borough of Caldwell, New Jersey that they do hereby approve the application for issuance of a canvasser/solicitor permit to Ebamba Eshick, Uwana Esniet, Kyler D. Howell, Chase Howell, Don Lundy and Guadalope Apple from Aptive Environmental in accordance with the application filed. Applicant and application has been investigated and approved by the Police Department and the Borough Clerk’s office.





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




TITLE:

AUTHORIZING THE ISSUANCE OF RENEWAL LIQUOR LICENSES FOR THE PERIOD JULY 1, 2018 THROUGH JUNE 30, 2019. APPLICATIONS AND APPLICANTS HAVE BEEN APPROVED BY APPROPRIATE MUNICIPAL DEPARTMENTS

BE IT RESOLVED by the Borough Council of the Borough of Caldwell, New Jersey, that the following be and is hereby-granted liquor license renewal for the period July 1, 2018 through June 30, 2019. Applicants and applications have been inspected, investigated and approved by the appropriate Municipal Department

License #0703-31-012-001 License #0703-44-011-003 James Caldwell Post 185 – The American Legion HAJ Supermarkets, Inc.T/A Jack’s Supermarket 303 Bloomfield Avenue, Caldwell, NJ 07006 370 Bloomfield Avenue, Caldwell, NJ 07006 License #0703-32-005-008 License #0703-44-001-004 ACLC Inc. TL Enterprises, Inc. La Taverna II Vecchio Café Calandra’s Bakery Wine Village 234-240 Bloomfield Avenue, Caldwell, NJ 07006 363 Bloomfield Avenue, Caldwell, NJ 07006 License #0703-33-10-002 395 Bloomfield Avenue Cloverleaf Tavern 393-397 Bloomfield Avenue, Caldwell, NJ 07006 License #0703-44-004-005 Chintan Enterprises, Inc. 153 Roseland Avenue, Caldwell, NJ 07006 License #0703-33-002-008 Starz Inc. – Ringside Pub 379 Bloomfield Avenue, Caldwell, NJ 07006 License #0703-44-009-005 Sunrise Shoprite Liquors Inc. 478 Bloomfield Avenue, Caldwell, NJ 07006





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AUTHORIZING THE APPOINTMENT OF RENT REVIEW BOARD MEMBER – Joseph Valente

BE IT RESOLVED by Mayor Ann Dassing hereby appoints the following persons to the Rent Review Board for the terms set forth below. Mayor Dassing has requested the consent of the Council, that they do hereby authorize the appointment of the following Rent Review Board Member:

Joseph Valente Landlord Member Expires December 31, 2020





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AUTHORIZING REFUND OF OVERPAYMENT, BLOCK 20, LOT 14, 75 FOREST AVENUE

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 Mr. Daniel Moreira due to a homeowners bank paying the taxes and the homeowner is a 100% Disabled Veteran. BLOCK & LOT RECIPIENT REFUND AMOUNT B20, Lot 14 Mr. Daniel Moreira $2,741.26 75 Forest Avenue Caldwell, NJ 07006





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AUTHORIZING THE LIEN REDEMPTION OF CERTIFICATE #15-00009, Block 54, Lot 3.38, 87 ROSELAND AVENUE, CALDWELL, NJ 07006

WHEREAS, at the Borough of Caldwell Tax Sale held on December 23, 2015, a lien was sold on Block 54, Lot 3.38 also known as 87 Roseland Avenue, Unit 92 in Caldwell, NJ for delinquent Taxes; and WHEREAS, this lien, known as Tax Sale Certificate 15-00009, was sold to CFT SERVICES, LLC AS CUST. FOR PHOENIX FUNDING, INC; and WHEREAS, the Homeowner has effected redeemed the Certificate 15-00009 in the amount of $13,914.58 with a premium of $5,000.00 to be returned to the lien holder. NOW THEREFORE BE IT RESOLVED that authorization is hereby given to issue a check in the amount of $18,914.58 payable to CFT SERVICES CUST OF PHOENIX FUNDING, INC, for the redemption of Tax Sale Certificate 15-0009 Certificate 15-00009 PRINCIPAL……………………………………. $ 13,859.58 PREMIUM……………………………………… $ 5,000.00 RECORDING FEE……………………………... $ 55.00 TOTAL ………………..…………………………… $ 18,914.58





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________________________________ ___________________________________ Lisa O’Neill, Acting Borough Clerk Ann Dassing, Mayor




TITLE:

AUTHORIZING THE REFUND OF A PARKING PERMIT PAYMENT PAYABLE TO MR. BRYAN HARTIGAN

WHEREAS, it has been determined by the Borough of Caldwell that a customer paid for a permit to park his vehicle in the Firehouse lot and had damage to his vehicle; and NOW THEREFORE BE IT RESOLVED by the Borough Council of the Borough of Caldwell, NJ that the Chief Financial Officer is hereby authorized to refund the following payment; RECIPIENT REFUND AMOUNT Mr. Bryan Hartigan $180.00 4 Provost Square Caldwell, NJ 07006





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AUTHORIZING PAYMENT OF BILLS AND THE ISSUANCE OF CHECKS FOR THE PERIOD THROUGH JUNE 5, 2018 FOR 2018/2017 BILLS IN THE TOTAL AMOUNT OF $3,285,161.61

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.

SECTION 2 - UPON ADOPTION FOR YEAR 2018(Only to be included in the Budget as Finally Adopted)

RESOLUTIONBe It Resolved by the of the Borough ofthat the budget herein before set forth is hereby adopted and shall constitute an appropriation for the purposes stated of the sums therein set forth as appropriations, and authorizationof the amount of:

(a) $ 7,432,838.67 (item 2 below) for municipal purposes and(b) $ (item 3 below) for school purposes in Type I School Districts only (N.J.S.A. 18A:9-2) to be raised by taxation and,(c) $ (item 4 below) to be added to the certificate of amount to be raised by taxation for local school purposes in

Type II School Districts only (N.J.S. 18A:9-3) and certification to the County Board of Taxation of

(d)$ 102,817.59 (Sheet 43) Open Space, Recreation, Farmland and Historic Preservation Trust Fund Levy(e)$ 386,887.81 (Item 5 below) Minimum Library Tax Abstained

RECORDED VOTE(Insert Last Name)

Ayes NaysAbsent

SUMMARY OF REVENUES 1. General Revenues

Surplus Anticipated 08-100 $ 469,837.50

Miscellaneous Revenues Anticipated 13-099 $ 4,774,577.18

Receipts from Delinquent Taxes 15-499 $

2. AMOUNT TO BE RAISED BY TAXATION FOR MUNICIPAL PURPOSES (Item 6(a), Sheet 11} 07-190 $ 7,432,838.67 3. AMOUNT TO BE RAISED BY TAXATIONSCHOOLS IN TYPE SCHOOL DISTRICTS ONLY:

Item 6, Sheet 41 07-195 $

Item 6(b), Sheet 11 (N.J.S. 40A:4-14) 07-191 $

Total Amount to be Raised by Taxation for Schools in Type I School Districts Only $ 4. To Be Added TO THE CERTIFICATE FOR AMOUNT TO BE RAISED BY TAXATION FOR SCHOOLS IN TYPE II SCHOOL DISTRICTS ONLY:

Item 6(b), Sheet 11 (N.J.S. 40A:4-14) 07-191 $5. AMOUNT TO BE RAISED BY TAXATION MINIMUM LIBRARY LEVY 07-192 $ 386,887.81

Total Revenues 13-299 $ 13,064,141.16

Sheet 41

Governing Body Caldwell , County of Essex

{{{{

SOCIAL MEDIA POLICY – BOROUGH OF CALDWELL, NEW JERSEY

PURPOSE

This policy sets forth guidelines for the establishment and use by the Borough of Caldwell ("the Borough") of social media sites (Facebook, YouTube, Twitter, Instagram, etc.) now existing or existing in the future as a means to convey Borough-related information to its residents, employees and visitors. The Borough is obligated to control what is “spoken” on behalf of the Borough on its social media sites.

The purpose of this social media policy is to establish enforceable rules for the use of social media by Borough officials and employees when conducting Borough business. “Social media” refers to Facebook, YouTube, Twitter, Instagram, and any other communication used by the Borough now or in the future that is open to response or comment. Social media policies and procedures are necessary to assure that communications made on behalf of the Borough are properly authorized and in correct form; that communications to the municipality by means of social media which can be viewed by the public are appropriate and pertinent; that communications to the Borough are related to the posted municipal information; and that the originator of the communication is clearly and fully informed that a message received by the Borough through social media is not a substitute for required reporting procedures.

For purposes of this policy, “social media” is understood to be content created by individuals, using accessible, expandable, and upgradable publishing technologies, through and on the Internet. The Borough might utilize more than one social medial site and might create a multiple social media presence by creating and publishing separate “social media” for departments or agencies within the Borough. For purposes of this policy, “comments” include information, articles, pictures and emojis. It also includes other communication medium created by the Borough including but not limited to Nixle, reverse 911 and the Public Education Government Channel.

SCOPE

This social media policy shall apply to the Borough’s governing body, all Borough agencies and departments and all affiliated government or non-government agencies, officials, and commissions (collectively herein the “Borough”) permitted by the Borough to post on Borough social media sites.

GENERAL POLICY

The objective of the use of social media by the Borough is to expand and facilitate the dissemination of information from the Borough to its residents, taxpayers and the general public, and to expand the residents’ taxpayers’ and general public’s ability to comment on that information.

RULES GENERALLY

1. The Borough website at Caldwell-nj.com will remain the Borough’s primary and predominant internet presence. The Borough social media sites will not to be used by the Borough to accept official communications of the Borough. Social media sites should not be used, to report a dangerous condition to the Borough, to request an inspection, or to give notice required by any statute, by ordinance or regulation. Every social media site shall prominently contain notice of this paragraph and shall provide appropriate contact information for official communications.

2. The Borough has the right and will restrict or remove any content that is deemed to be in violation of this Social Media Policy or in violation of any applicable law. All removed content will be retained by the Borough in accordance with Borough retention policy.

3. The Borough reserves the right to deny access to its social media sites for any individual who violates the Borough of Caldwell Social Media Policy at any time and without prior notice.

4. All Borough presence and activity on social media are an integral part of the Borough’s information networks and must comply with all rules and policies governing the Borough’s computers and electronic media, including but not limited to the applicable JIF Municipal Internet Access and Use Guidelines.

5. The Borough shall comply with all applicable federal, state, and county laws, regulations, and policies. This includes adherence to established laws and policies regarding copyright, records retention, Freedom of Information Act (FOIA), Open Public Record Act (OPRA), First Amendment, privacy laws, sunshine laws, and information security policies (if applicable) established by the Municipality.

6. Social media is run by a third party separate from the Borough and social media sites occasionally become inoperable. The Borough reserves the right to disable its social media accounts either temporarily or permanently at any time. There is no guarantee of “uptime.”

RULES GOVERNING THE BOROUGH’S USE OF SOCIAL MEDIA

1. No Borough social media site shall be established without prior approval of the Borough Council.

2. Social media sites shall be administered by the Borough Administrator who shall have the authority to designate a substitute administrator of a site. There may be a different designee for different social media sites. Despite the forgoing, All social media site names, passwords and/or access codes or information or changes to these shallbe filed with the Borough Administrator and updated within two days of any change.

3. Every Borough social media site shall state clearly that the site is maintained by the Borough and is operated in accordance with this Social Media Policy. This Social Media Policy shall be made available to all users by hyperlink.

4. When relevant, a Borough social media site will link to the official Borough website for forms, documents, online services and other information necessary for an individual or entity to conduct business with the Borough.

5. Every social media site administrator will monitor the social media site to which he or she is assigned as administrator to ensure adherence to both this Social Media Policy and the interest and goals of the Borough.

6. These guidelines must be displayed to users or made available by hyperlink.

7. The Borough social media sites and this Social Media Policy are subject to all applicable federal and New Jersey laws and regulations.

8. Employees and Volunteers representing the Borough through social media sites shall conduct themselves at all times as a representative of the Borough and in accordance with all Borough policies.

9. No Borough employee shall create a special relationship between the employee a and a third person (such as “friending” or “favoriting”)

10. The Borough will authorize each social media presence by resolution of the Borough Council.

COMMENT POLICY

The intended purpose behind establishing the Borough social media sites is to disseminate information from the Borough about the Borough to its residents, employees and visitors. As a public entity the Borough must abide by certain standards to serve all its constituents in a civil and unbiased manner.

A comment posted by a member of the public on any Borough social media site is the opinion of the commentator or poster only, and publication of a comment does not imply endorsement of, or agreement by, the Borough, nor do such comments necessarily reflect the opinions or policies of the Borough.

Borough municipal employees, Borough elected official, vendor performing work or providing services to the Borough, or volunteer may post or comment on a Borough social media site..

PROHIBITED CONTENT

Comments containing any of the following inappropriate forms of content shall not be permitted on any Borough social media site.

a. Profane, obscene, violent, or pornographic content or language, or sexually suggestive or explicit content links to such materials. Any image or link containing minors or suspected minors in sexual or provocative situations will be reported to law enforcement;

b. Content that promotes, fosters or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, or national origin, marital status, status with regard to public assistance, physical or mental disability or sexual orientation;

c. Defamatory attacks;

d. Threats to any person or organization;

e. Solicitation of commerce, including but not limited to advertising of any business or product for sale;

f. Conduct in violation of any federal, state or local law;

g. Encouragement of illegal activity;

h. Information that might compromise the safety or security of the public or public systems;

i. Content that violates a legal ownership interest, such as a copyright.

j. Personal information of a person other than the poster;

k. Spamming or repetitive content;

l. Comments from children under 13 years of age;

m. Content that incites violence;

n. Comments containing vulgar, offensive, threatening, or harassing language;

o Personal attacks;

BREACH OF POLICY

1. The Site Administrator will remove postings on Borough social media sites which are deemed to constitute a breach of Policy.

Any social media site created by the Borough remains the property of the Borough, including all the followers and friends generated by the site. If the individual who created the site leaves the employment of the Borough, he or she must relinquish everything related to the site including user names, passwords and/or access codes or information.

TERMS OF USE DISCLOSURE (to be posted on all Borough Social Media Sites)

A. Information Disclaimer

By visiting this site, you understand and agree that the Borough of Caldwell local government site is provided "AS IS". The Borough of Caldwell local government makes every effort to provide accurate and complete information on this website. The information contained herein is not official nor in any way shall it be deemed to constitute legal notice where such legal notice is required by law. The information contained in this site is provided as a service and convenience to people needing information about Borough of Caldwell local government. Portions of the information on this site may be incorrect or not current. Borough of Caldwell local government, its officers, employees or agents shall not be liable for damages or losses of any kind arising out of or in connection with the use or performance of information, including but not limited to, damages or losses caused by reliance upon the accuracy or timeliness of any such information, or damages incurred from the viewing, distributing, or copying of those materials.

B. Linking Policy -- Links To External Sites

The Borough of Caldwell local government site contains links to outside websites. These websites are not owned, operated, controlled or reviewed by the Borough of Caldwell local government. These links are provided solely as a courtesy and convenience to visitors to the site. The Borough of Caldwell local government, its officers or employees, exercise no control over the organizations, views, accuracy, copyright or trademark, compliance or the legality of the material contained in these outside websites. The Borough of Caldwell local government, its officers or employees, do not sponsor, endorse, or approve the information, content, proceeds, materials, opinions or services contained on such outside websites. The visitor proceeds to these outside websites at his/her own risk. The Borough of Caldwell local government specifically disclaims any and all liability from damages, which result from the accessing of a third-party site, which is linked to the Borough of Caldwell local government website or from reliance upon only such information.

C. Endorsement Disclaimer

Reference in this website to any specific commercial products, processes, or services, or the use of any trade firm or corporation name is for the information and convenience of the public, and does not constitute endorsement, recommendation, or favoring by Borough of Caldwell local government or its officers, employees or agents.

D. Copyright and Trademark Limitations

The Borough of Caldwell local government makes no warranty that materials contained herein are free of copyright or trademark claims or other restrictions or limitations on free use or display. Making a copy of such material may be subject to copyright or trademark laws.

E. Use of material from this site

The Borough of Caldwell local government has made the content of these pages available to the public and any one may view, copy or distribute Borough of Caldwell local government information found here without obligation to the Borough of Caldwell local government for non-commercial, personal use only, unless otherwise stated on particular material or information to which a restriction on free use might apply.

The design of this site, original graphics, and original content are all copyrighted by the Borough of Caldwell and may not be re-engineered, distributed, modified, transmitted, re-used, reposted, or duplicated without the express written permission of the Borough of Caldwell in each instance.

F. Unauthorized Modifications

Unauthorized attempts to modify or otherwise alter any information or image stored on any Borough of Caldwell local government website might result in criminal prosecution.

Draft 5-29-18

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