Borough of Roselle Park Meeting of June 6, 2019 Attendee...

Borough of Roselle Park Meeting of June 6, 2019

Attendee Name Organization Title Status Arrived

Joseph Petrosky Borough of Roselle Park Councilman P 7:07 PM

William Fahoury Borough of Roselle Park Councilman P 7:07 PM

Michael Connelly Borough of Roselle Park Councilman P 7:07 PM

Jayme Lynn Negron Borough of Roselle Park Councilwoman P 7:07 PM

Joseph DeIorio Borough of Roselle Park Councilman P 7:07 PM

Robert Mathieu Borough of Roselle Park Councilman P 7:07 PM

Joseph Signorello III Borough of Roselle Park Mayor P 7:07 PM

Mayor Signorello called the meeting to order at 7:07 p.m. and said it was being held in

accordance with the Open Public Meetings Act and adequate notice of this meeting has been provided as

required by law.

All contracts awarded by Mayor and Council must comply with the affirmative action

requirements of P.L. 1975, C.172. (NJAC 17:27).

As required by the Fire Prevention Code, he indicated the fire exits and the procedure to be

followed in case of fire.

A statement was read by the Mayor indicating that use of electronic devices by members of the

Governing Body and Borough staff should be limited to Borough business. All communications are

subject to the New Jersey Open Public Records Act.

Borough Clerk Casais asked for a moment of silence for the 75th Anniversary of D-Day; followed

by a short prayer and the Pledge of Allegiance.

Councilman Petrosky moved at 7:09 p.m. to pull Resolutions Nos. 171-19 and 177-19 from the

Consent Agenda; seconded by Councilman Connelly, all members present voting Aye, said motion was

adopted.

Borough Clerk Casais read Resolutions Nos. 171-19 and 177-19 by title.

The following resolutions were offered by Councilman Petrosky; seconded by Councilman

Connelly.

RESOLUTION NO. 171-19

BE IT RESOLVED by the Mayor and Council of the Borough of Roselle Park, County of Union,

State of New Jersey that Vincent Picarelli of 714 Hamilton Place, Roselle Park, New Jersey 07204 be and

is hereby appointed to the position of Probationary Patrolman (7-12 months probation) in the Roselle Park

Police Department, at an annual salary of $57,353.17 effective July 1, 2019 for a twelve (12) month

period ending June 30, 2020.



State of New Jersey that Anthony Mastrocola III of 708 Dorian Road, Westfield, New Jersey 07090 be

and is hereby appointed to the position of Probationary Patrolman (7-12 months probation) in the Roselle

Park Police Department, at an annual salary of $57,353.17 effective July 1, 2019 for a twelve (12) month

period ending June 30, 2020.

Vote Record – Resolutions #171-19 and #177-19

Adopted Adopted as Amended Defeated Tabled Withdrawn

Yes/Aye No/Nay Abstain Absent

Petrosky

Fahoury

Connelly

Negron

DeIorio

Mathieu

Signorello

Patrolmen Picarelli and Mastrocola were administered their oath of service by Mayor Signorello

as their families looked on. The oaths were followed by brief congratulatory and welcoming remarks from

Police Chief McCaffery and Mayor Signorello.

PROCLAMATIONS & PRESENTATIONS

1. Business of the Month: Susie Karlik Dance Sensation

2. Proclamation: Gun Violence Awareness Day 2019

COMMUNICATIONS

Borough Clerk Casais read the listed Communications into the record.

Councilman Petrosky moved the following communications; seconded by Councilman Connelly,

all members present voting Aye, said motion was adopted.

1. A request from the residents of Berwyn Street to hold a Block Party on Saturday, June 22,

2019 from 12:00 p.m. until 10:00 p.m., with a rain date of Saturday, June 29, 2019.

2. A request from the Potter House to host a concert on Saturday, June 22, 2019 from 2:00 p.m.

until 7:00 p.m. in Michael J. Mauri Park (subject to insurance and indemnification

requirements).

3. A request from the Potter House to host a 3-on-3 basketball tournament at the Aldene Park

basketball courts on July 27, 2019 from 12:00 p.m. (noon) until 6:00 p.m. (subject to

insurance and indemnification requirements; and recommendations of the Chief of Police).

APPROVAL OF MINUTES

Councilman Petrosky moved to approve the following minutes, pending any corrections;

seconded by Councilman Connelly, all members present voting Aye, said motion was adopted.

1. Regular Meeting and Closed Session of May 16, 2019

MOTION BILLS & PAYROLLS BE NOT READ AND PASSED FOR PAYMENT

Councilman Petrosky moved that bills and payrolls be not read and passed for payment; seconded

by Councilman Connelly, all members present voting Aye, said motion was adopted.

PUBLIC PORTION

Councilman Petrosky moved at 7:29 p.m. to open the public comment portion of the meeting on

agenda items only; seconded by Councilman Connelly, all members present voting Aye, said motion was

adopted.

Chris Shoemaker, 71B Woodside Gardens

Stated that he was not happy with the proposed amendments to the Code as outlined in

Ordinance No. 2576.

Borough Attorney Kantor provided rationale for the Ordinance as well as information about the

case and state law on the matter as upheld by the New Jersey Supreme Court. He further noted that the

code, if left un-amended, was in conflict with the State Law.

Dave Robertson, 220 West Sumner Avenue

Stated that he liked the intent of Ordinance No. 2574, but expressed his feeling that it was not

strict enough; stated vendors should be treated the same.

There being no one else wishing to speak, Councilman Petrosky moved at 7:32 p.m. to close the

public comment portion of the meeting on agenda items only; seconded by Councilman Connelly, all

members present voting Aye, said motion was adopted.

PASSAGE OF ORDINANCES

SECOND READING AND PUBLIC HEARING

Borough Clerk Casais read the following Ordinance by title:

ORDINANCE NO. 2575

AN ORDINANCE OF THE BOROUGH ROSELLE PARK, IN THE COUNTY OF UNION,

NEW JERSEY APPROVING APPLICATION FOR A LONG TERM TAX EXEMPTION

AND AUTHORIZING THE EXECUTION OF A FINANCIAL AGREEMENT WITH

MERIDIA AT PARK SQUARE URBAN RENEWAL, ROSELLE PARK, LLC

Councilman Petrosky moved to open the public hearing on Ordinance No. 2575; seconded by

Councilman Connelly, all members present voting Aye, said motion was adopted.


Stated that the measure passed on 5-1 vote at the time of introduction.

Stated there was opposition to the PILOT from the Board of Education; but that those

concerns were something to be worked out between the Board of Education and Mayor and

Council at time progressed.

Stated his belief that data provided by Councilman DeIorio was inaccurate; particularly

related to the suggested influx of school age children; stated his belief that the Councilman’s

estimates were far too high.

Stated that he spoke to existing building superintendents to verify his own statements.

Made note about misinformation about COAH unit breakdowns; noted that all units would be

one bedroom with no three bedroom units at all.

Discussed Councilman DeIorio’s comments about parking and disputed the findings; likewise

discussed the assessments and comments made about traffic flows.

Stated that he believed the PILOT should be approved.

Mayor Signorello stated that he agreed with Mr. Robertson’s comments.

There being no one else wishing to speak, Councilman Petrosky moved to close the public

hearing on Ordinance No. 2575; seconded by Councilman Connelly, all members present voting Aye,

said motion was adopted.

Councilman Petrosky moved that Ordinance No. 2575 be adopted on second reading and

advertised as prescribed by law; seconded by Councilman Connelly.

Councilman DeIorio stated that he stood by the data he received by the Board of Education.

Mayor Signorello asked Councilman DeIorio about his points of data comparison; particularly

related to old and newly proposed housing stock.

Councilman DeIorio stated sizes were comparable, but that rents were not compared at all. Stated

he looked at historical discussions and meeting minutes.

Councilman DeIorio made note of his COAH analysis; confirmed with Financial Consultant

Michael Hanley, Redevelopment Attorney Joseph Baumann and Borough Clerk Andrew Casais about

bedroom breakdowns within backdrop of statute.

Mr. Hanley and Mr. Baumann stated that solely one bedroom COAH units were acceptable for

this project as the Borough had no existing obligation to provide additional units at all. They stated in

agreement that if there was an obligation to provide COAH units as part of the project, they would have to

be distributed amongst one, two, and three bedroom configurations as required by State regulation.

Borough Clerk Casais noted that the Borough received a supportive opinion from COAH Counsel

regarding the use of solely one bedroom COAH units.

Councilman Mathieu asked for a high level breakdown of the PILOT.

Mr. Hanley and Mr. Baumann provided a breakdown of items; specifically how vetting is and

was conducted; particularly the “if not for” test with regard to project viability.

Councilman Mathieu clarified that revenues are based on gross revenues.

Councilman DeIorio asked for clarification on possible appeals going into staging in year 20-21.

Mr. Baumann stated that tax appeals were possible.

Councilman DeIorio noted he stood by the school children number gathered; believed existing

data statewide is not reflective of Roselle Park.

Mayor Signorello questioned the analysis of Councilman DeIorio.

Councilwoman Negron stated that she voted yes on the PILOT, but has heard input from six

residents saying to vote “no” on the PILOT; asked what would happen if PILOT not approved.

Mr. Baumann stated that the property could be held by the developer without action.

Councilwoman Negron asked if PILOT could be tabled unit the Land Use Board could consider

Site Plan approval and then considered later.

Mr. Baumann stated there is no legal reason for that not to happen; but that there is a cost to the

developer for obtaining Site Plan approval.

Discussion ensued amongst the Governing Body about the project and the merits of considering

Site Plan review before the final vote on the PILOT.

Councilwoman Negron moved to table Ordinance No. 2575 until the Municipal Land Use Board

approves the Site Plan for the project; seconded by Councilman DeIorio.

Vote Record – Table Ordinance No. 2575 until MLUB Approves Site Plan



Petrosky

Fahoury

Connelly

Negron

DeIorio

Mathieu

Signorello

INTRODUCTION


ORDINANCE NO. 2574

AN ORDINANCE AMENDING CHAPTER II, ARTICLE I, OF THE CODE OF

THE BOROUGH OF ROSELLE PARK INSERTING SECTION 2-7, A RESERVED

SECTION, TO BE ENTITLED “REDEVELOPMENT PAY-TO-PLAY REFORM”

WHEREAS, the Borough of Roselle Park (the “Borough”) and the State of New Jersey have

increasingly been sought out by developers with an interest in redevelopment; and,

WHEREAS, residents across the State of New Jersey have increasingly become skeptical over the

true motives of their elected officials when negotiating and approving redevelopment projects; and,

WHEREAS, local political contributions from developers, their subcontractors and

representatives, applying for or seeking approvals from the Borough, may raise reasonable concerns on

the part of taxpayers as to their trust in the process of local government; and,

WHEREAS, the Borough may seek or be offered financial support through sponsorships and the

like, to support existing or new programs from developers, their subsidiaries, or representatives who may

be seeking approvals from the Borough to which may give the appearance of conflict and impropriety,

and diminish the trust of the taxpayer; and,

WHEREAS, pursuant to N.J.S.A. 40:48-2, municipalities have the right to make, amend, repeal

and enforce such other Ordinances, regulations, rules and by-laws not contrary to the laws of this state or

of the United States, as it may deem necessary and proper for good government; and,

WHEREAS, nothing contained herein shall be interpreted to impair in any way the right of a

developer secured by the First Amendment of the Constitution of the United States of America and

further secured by Article 1, Paragraph 6 of the Constitution of the State of New Jersey to exercise its

right to freedom of speech and its right to speak, write and publish its sentiments on all subjects.

NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of Roselle

Park, County of Union and State of New Jersey that Chapter II, Article I of the Code of the Borough of

Roselle Park be and hereby is amended so as to insert Section 2-7 as follows:

SECTION 1. Section Title

2-7 RESERVED. REDEVELOPMENT PAY-TO-PLAY REFORM.

SECTION 2. Purpose

2-7.1 Policy and Purpose.

The policy of the Borough of Roselle Park shall be to create such a regulation which

states that a developer, as defined by this Ordinance, shall not make certain political

contributions to any Borough of Roselle Park candidate for Mayor or Borough of Roselle

Park Council, Borough of Roselle Park political campaign committee, Union County

Democratic Committee, Union County Republican Committee or to any political action

committee (PAC) which regularly engages in the support of candidates for the Borough of

Roselle Park municipal elections.

SECTION 3. Prohibiting Agreements with Certain Contributors

2-7.2 Prohibition of Entering into or Amending Redevelopment Agreements with

Certain Contributors.

a. Any other provision of law to the contrary notwithstanding, the Borough of

Roselle Park, shall not enter into an agreement, amend an agreement, or otherwise contract

with any redeveloper, for the planning, re-planning, construction or undertaking of any

redevelopment project, including the acquisition or leasing of any public property in

conjunction with the redevelopment of any area within the Borough of Roselle Park

pursuant to the Local Redevelopment and Housing Law, if that redeveloper has made any

contribution of money or pledge of a contribution, including in-kind contributions, during

the applicable time period as specified below, to any Borough of Roselle Park candidate for

Mayor or Borough of Roselle Park Council, Borough of Roselle Park political campaign

committee, Union County Democratic Committee, Union County Republican Committee or

to any political action committee (PAC) which regularly engages in the support of

candidates for the Borough of Roselle Park municipal elections.

b. For purposes of this section, the "applicable time period" shall be defined as

the time period between the date that the property which is the subject of the

redevelopment project has been included in a memorializing Resolution adopted by the

governing body directing the Municipal Land Use Board to conduct a preliminary

investigation to determine if the site is in need of redevelopment pursuant to and in

accordance with the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12-1

et seq., and the date of entering into the redevelopment agreement, or the twelve (12)

months prior to entering into the agreement.

c. All redevelopment agreements or amendments thereto entered into by the

Borough of Roselle Park shall contain a provision prohibiting redevelopers as defined in

paragraph d. from soliciting or making any contribution of money or pledge of a

contribution including in-kind contributions to any Borough of Roselle Park candidate for

Mayor or Borough of Roselle Park Council, Borough of Roselle Park political campaign

committee, Union County Democratic Committee, Union County Republican Committee or

to any political action committee (PAC) which regularly engages in the support of

candidates for the Borough of Roselle Park municipal elections, between the time of first

communication between that redeveloper and the municipality regarding a redevelopment

project and the later of the termination of negotiations or the completion of all matters

specified in the redevelopment agreement.

d. As defined in N.J.S.A. 40A:12A-3, a "redeveloper" means any person, firm,

corporation or public body that shall enter into or propose to enter into a contract with a

municipality or other redevelopment entity for the redevelopment or rehabilitation of an

area in need of redevelopment, or an area in need of rehabilitation, or any part thereof,

under the provisions of this section, or for any construction or other work forming part of a

redevelopment or rehabilitation project. For the purposes of this section the definition of a

redeveloper includes all principals who own ten (10%) percent or more of the equity in the

corporation or business trust, partners and officers in the aggregate employed by the

provider as well as any affiliates or subsidiaries directly controlled by the redeveloper.

Spouses and adult children at home shall also be included.

SECTION 4. Commencement of Enforcement

2-7.3 Contributions Made Prior to the Effective Date.

No contribution of money or any other thing of value, including in-kind

contributions, made by a redeveloper to any Borough of Roselle Park candidate for Mayor

or Borough of Roselle Park Council or Borough of Roselle Park political campaign

committee shall be deemed a violation of this section nor shall an agreement for

redevelopment projects of any kind whatsoever be disqualified thereby if that contribution

or agreement was made by the redeveloper prior to the effective date of this section.

SECTION 5. Noticing and Sworn Statement

2-7.4 Notice Given by Municipality; Sworn Statement of Redeveloper.

a. It shall be the municipality's continuing responsibility to give notice of this

section when the municipality gives notice of redevelopment pursuant to N.J.S.A. 40A:12A-

6 and when the municipality adopts a Resolution directing the Planning Board to prepare a

redevelopment plan and at the time that the municipality adopts the Ordinance to

implement the redevelopment plan.

b. Prior to arranging and entering into the redevelopment agreement with any

redeveloper, the Borough of Roselle Park, shall receive a sworn statement from the

redeveloper that the redeveloper has not made any contribution in violation of subsection 2-

7.1a. above. Furthermore, the redeveloper shall have a continuing duty to report any

violations of this section that may occur while arranging and entering into the

redevelopment agreement and until all specified terms of the agreement have been

completed. The sworn statement required under this section shall be made prior to entry

into the agreement with the municipality and shall be in addition to any other certifications

that may be required by any other provision of law.

SECTION 6. No Circumvention of Law

2-7.5 No Circumvention using Contribution from Consultants.

Any redeveloper who participates in, or facilitates, the circumvention of the

contribution restrictions through consultants or professionals shall be deemed to be in

breach of the provisions of this section.

SECTION 7. Curable Offense

2-7.6 Return of Excess Contributions.

A redeveloper or municipal candidate or officeholder or municipal or county party

committee or PAC referenced in this section may cure a violation of subsection 2-7.2 and

deemed not to be in breach, if, within thirty (30) days after the cited violation, the

redeveloper notifies the Municipal Council in writing and seeks and receives

reimbursement of a contribution from the municipal candidate or municipal party

committee referenced in this section.

SECTION 8. Penalties.

2-7.7 Penalty.

a. It shall be a breach of the terms of the Borough of Roselle Park

redevelopment agreement for a redeveloper to:

1. Make or solicit a contribution in violation of this section;

2. Knowingly conceal or misrepresent a contribution given or received;

3. Make or solicit contributions through intermediaries for the purpose of

concealing or misrepresenting the source of the contribution;

4. Make or solicit any contribution on the condition or with the agreement that

it will be contributed to any Borough of Roselle Park candidate for Mayor

or Borough of Roselle Park Council or Borough of Roselle Park political

campaign committee;

5. Engage or employ a lobbyist or consultant with the intent or understanding

that such lobbyist or consultant would make or solicit any contribution,

which if made or solicited by the redeveloper itself, would subject that entity

to the restrictions of this section;

6. Fund contributions made by third parties, including consultants, attorneys,

family members, and employees;

7. Engage in any exchange of contributions to circumvent the intent of this

section; or,

8. Directly or indirectly, through or by any other person or means, do any act

which would subject that entity to the restrictions of this section.

b. Furthermore, any redeveloper who violates subparagraph 1 through 8 of

paragraph a of this subsection shall be disqualified from eligibility for future Borough of

Roselle Park redevelopment agreements for a period of four (4) calendar years from the

date of the violation.

SECTION 9. Invalidity

If any section or portion of a section of this Code shall be invalid for any reason, such invalidity

shall not affect the validity of the remaining sections or portions of this Ordinance.

SECTION 10. Inconsistent Ordinances Repealed.

All Ordinances or parts of Ordinances, to the extent that they are inconsistent herewith, are

hereby repealed.

SECTION 11. Captions.

Captions contained in this Ordinance have been included only for the purpose of facilitating

reference to the various sections and are not intended and shall not be utilized to construe the intent and

meaning of the text of any section. Likewise, all strike through text should be considered a deletion, and

all bolded text should be considered an addition.

SECTION 12. Effective Date.

This amendment to the Code of the Borough of Roselle Park shall become effective upon

publication and in accordance with law.

Councilman Petrosky moved that Ordinance No. 2574 be adopted on first reading and advertised

as prescribed by law for second reading and public hearing on June 20, 2019; seconded by Councilman

Connelly.

Councilman DeIorio moved to amend Ordinance No. 2574 per certain recommendations of

Redevelopment Counsel; seconded by Councilwoman Negron, all members present voting Aye, said

motion was adopted.

Councilman Petrosky moved that Ordinance No. 2574 as amended be adopted on first reading

and advertised as prescribed by law for second reading and public hearing on June 20, 2019; seconded by

Councilman Connelly.

Vote Record – Ordinance No. 2574 as Amended



Petrosky

Fahoury

Connelly

Negron

DeIorio

Mathieu

Signorello


ORDINANCE NO. 2576

AN ORDINANCE AMENDING CHAPTER III, SECTION 3-16, OF THE CODE

OF THE BOROUGH OF ROSELLE PARK ENTITLED “POLICE REGULATIONS;

REGISTERED SEX OFFENDER PROHIBITION ZONES”

WHEREAS, the Borough of Roselle Park (the “Borough”) has been informed of inconsistencies

between certain portions of Borough Code and prevailing case law within the State of New Jersey (the

“State”); and,

WHEREAS, such case law shall be more particularly defined as G.H. v. Galloway Township as

decided in the Appellate Division of the Superior Court of the State; and,

WHEREAS, such conflicting Borough Code may be more particularly defined as Section 16,

“Registered Sex Offender Prohibition Zones,” of Chapter III, “Police Regulations,” as adopted on

October 19, 2006 through passage of Borough Ordinance No. 2188; and,

WHEREAS, after review by the Borough’s Police Department and legal counsel, it is their joint

recommendation that amendments be made to the existing code that ensure compliance with prevailing

case law.

NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of Roselle

Park, County of Union and State of New Jersey that Chapter III, Section 3-16 of the Code of the Borough

of Roselle Park be and hereby is amended as follows:

SECTION 1. Section Title

3-16 REGISTERED SEX OFFENDER PROHIBITION ZONES.

SECTION 2. Purpose

3-16.1 Findings and Declarations.

The Mayor and Council find and declare that the health, safety and welfare of children

will be enhanced by prohibiting registered sex offenders from residing or loitering within the

Borough of Roselle Park within one thousand five hundred (1,500) feet three hundred (300) feet

of any school, (public, private or parochial) preschool, daycare center, church, park, playground,

recreational area, youth center, group home for disabled, or school bus stop located within the

Borough of Roselle Park or adjacent municipalities.

SECTION 3. Definitions

3-16.2 Definitions.

As used in this section:

Loitering shall mean, whether on foot or in a motor vehicle, a person who wanders or

remains idle in essentially one location, sits, lounges, loafs, walks about aimlessly, or

repeatedly frequents the same location, repeatedly circles in a motor vehicle.

Prohibited Area shall mean the area within one thousand five hundred (1,500) three

hundred (300) feet from the real property upon which any school, (public, private or

parochial) preschool, daycare center, church, park, playground, recreational area, youth

center, group home for disabled, or school bus stop is located, whether within the

Borough or adjacent municipalities.

Prohibited Area Map shall mean a map approved and adopted pursuant to this section

depicting the prohibited area.

Registered Sex Offender shall mean any person over the age of eighteen (18) who is

required to register pursuant to N.J.S.A. 2C:7-1 et seq., the New Jersey Sex Offender

Registration and Notification Statute ("Megan's Law").

School Bus Stop shall mean an area designated by the school district, by any receiving

district, or by any County jointure commission as a school bus stop where children

regularly congregate for the purpose of boarding and debarking from a school bus.

SECTION 4. Mapping

3-16.3 Adoption of Prohibited Area Map.

The prohibited area map prepared by the Borough Engineer and adopted by the Mayor

and Council by a Resolution and as may be amended from time to time by Resolution, depicting

the locations and areas within the Borough or property which comprise of school, (public, private

or parochial) preschool, daycare center, church, park, playground, recreational area, youth center,

group home for disabled, or school bus stop, and all areas within one thousand five hundred

(1,500) three hundred (300) feet from such properties, shall be kept on file with the Borough

Clerk and shall serve as an official finding and record of the prohibited area.

SECTION 5. Loitering Prohibition

3-16.4 Residency and Loitering Prohibited.

A registered sex offender shall not reside or loiter within a prohibited area.

SECTION 6. Exceptions to Loitering Prohibition

3-16.5 Exceptions to “Residency and Loitering Prohibited.”

a. Any person who is registered to serve a sentence at a jail, prison, juvenile facility

or other correctional institution or facility which is located within a prohibited area.

b. Any person who is both a record title owner and an occupant of a residence

within the prohibited area as of the date of the adoption of this section.

SECTION 7. Enforcement

3-16.6 Enforcement.

This section shall be enforced by the Roselle Park Police Department. The Chief of

Police shall cause a copy of this section and the prohibited area map to be provided to each

registered sex offender who has registered under Megan's Law and who is residing within the

Borough.

SECTION 8. Defenses

3-16.7 Defenses.

It shall be no defense to prosecution for a violation of this section that the actor was

unaware that the prohibited conduct occurred within a prohibited area, nor shall it be a defense to

prosecution under this section that no juveniles were present within any prohibited area at the

time of the offense. To the extent that a registered sex offender has not registered under Megan's

Law, it shall not be a defense to prosecution under this section that the registered sex offender

was not provided with a copy of this section or the prohibited area map.

SECTION 9. Use of Map

3-16.8 Use of Prohibited Area Map.

In a prosecution under this section, a true copy of the prohibited area map shall, upon

proper authentication, be admissible and shall constitute prima facie evidence of the location and

boundaries of the prohibited area. Nothing in this section shall be construed to preclude the

prosecution from introducing or relying upon other evidence or testimony to establish any

element of this offense; nor shall this section be construed to preclude the use or admissibility of

any map or diagram other than one which has been approved by the Mayor and Council, provided

that the map or diagram is otherwise admissible pursuant to the applicable rules of evidence.

SECTION 10. Violations and Penalties

3-16.9 Violations and Penalties.

Any person who is convicted of violating any of the provisions of this section shall, upon

conviction of a first offense, be punished by a fine of not less than one hundred ($100.00) dollars

nor more than one thousand two hundred fifty ($1,250.00) dollars and/or by imprisonment or

community service not exceeding ninety (90) days.

Any person who is convicted of violating this section within one (1) year of the date of a

previous violation of this section shall be punished by an additional fine of one thousand two

hundred fifty ($1,250.00) dollars and/or by imprisonment or community service not to exceed six

(6) months.

SECTION 11. Repeal of Section 3-16.10

3-16.10 Current Residencies. Reserved.

Any registered sex offender who currently resides in a prohibited area can be prosecuted

under this section as a result of that residency unless or until he or she relocates to a different

residence within the prohibited area. However, any such registered sex offender who currently

resides in the prohibited area can be prosecuted for a violation under the loitering provision of

this section.

SECTION 12. Repeal of Section 3-16.11

3-16.11 Miscellaneous. Reserved.

a. All ordinances or parts of ordinances inconsistent herewith are hereby repealed to

the extent of such inconsistency.

b. If any portion of this section shall be determined to be invalid, such

determination shall not affect the validity of the remaining portions of the ordinance.

SECTION 13. Invalidity

If any section or portion of a section of this Code shall be invalid for any reason, such invalidity

shall not affect the validity of the remaining sections or portions of this Ordinance.

SECTION 14. Inconsistent Ordinances Repealed.

All Ordinances or parts of Ordinances, to the extent that they are inconsistent herewith, are

hereby repealed.

SECTION 15. Captions.

Captions contained in this Ordinance have been included only for the purpose of facilitating

reference to the various sections and are not intended and shall not be utilized to construe the intent and

meaning of the text of any section. Likewise, all strike through text should be considered a deletion, and

all bolded text should be considered an addition.

SECTION 16. Effective Date.

This amendment to the Code of the Borough of Roselle Park shall become effective upon

publication and in accordance with law.

Discussion ensued amongst the governing body about the controversial nature of the proposed

amendments.

Councilwoman Negron stated that she understood that case law would prevail in this case, but felt

it was not appropriate for her to vote in the affirmative based on being a mother and girl scout leader.

Borough Attorney Kantor reiterated his earlier comments about the Ordinance and stated that by

not amending the Code the Borough was not adequately providing the Police Department with the tools it

needed to correctly and effectively enforce the law related to sex offenders.

Councilwoman Negron inquired as to where the Ordinance came from.

Mayor Signorello deferred to Borough Clerk Casais for an explanation.

Borough Clerk Casais stated that the matter was brought to his and legal counsel’s attention by

the Roselle Park Police Department’s Detective Bureau. He further stated that the matter was brought to

their attention through their investigative network and the Union County Prosecutors office; it was their

recommendation that the Borough amend its code to reflect the provisions of case law.

Councilman DeIorio stated he felt the Borough needed to send a strong message about its stance

on the issue and could therefore not support the Ordinance.

At the recommendation of Borough Attorney Kantor, Councilman Petrosky moved to amend

Ordinance No. 2576 to refine the definition of “Loitering” so as to remove the phrase “repeatedly

frequents the same location;” seconded by Councilman Connelly, all members present voting Aye, said

motion was adopted.

Councilman Petrosky moved that Ordinance No. 2576 as amended be adopted on first reading

and advertised as prescribed by law for second reading and public hearing on June 20, 2019; seconded by

Councilman Connelly.

Vote Record – Ordinance No. 2576 as Amended



Petrosky

Fahoury

Connelly

Negron

DeIorio

Mathieu

Signorello

RESOLUTIONS

Borough Clerk Casais read all Resolutions by title into the record.

The following resolutions listed on Consent Agenda were offered by Councilman Petrosky;

seconded by Councilman Connelly, all members present voting Aye, said motion was adopted.


WHEREAS, Miguel Martinez is currently employed and assigned by the Borough of Roselle

Park as a Per-Diem Police Dispatcher within the Roselle Park Police Department; and,

WHEREAS, it is the recommendation of the Chief of Police to transfer the aforementioned

employee to facilitate efficient departmental operations; and,

WHEREAS, the governing body is in agreement with the recommendation of the Chief of Police.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Roselle

Park, County of Union, State of New Jersey that Miguel Martinez, Per-Diem Police Dispatcher within the

Roselle Park Police Department, be and is hereby transferred to the position of Part-Time Clerical

Employee assigned to the Roselle Park Police Department at a $16.56 hourly rate of pay effective

immediately.


BE IT RESOLVED that the Mayor and Council of the Borough of Roselle Park, County of

Union, State of New Jersey hereby accept the resignation of Jamie O’Connell from the Arts Committee

effective May 20, 2019.



State of New Jersey that the Tax Collector is authorized to direct the Treasurer to issue a check in the

amount of $2,323.00 to be refunded for duplicate payment of 2nd

quarter 2019 taxes on Block 1002, Lot

18 (337 East Lincoln Avenue, Roselle Park, New Jersey 07204) and assessed in the name of Edward De

Jesus & Jennifer Barrios De Jesus; and,

BE IT FURTHER RESOLVED that it be noted that the aforementioned overpayment was created

due to a refinance of the property, the request for refund was made by Pennymac, and the refund shall be

made to the Pennymac Tax Department.


WHEREAS, all Plenary Retail Consumption, Retail Distribution, Limited Distribution and Club

Licenses will expire on June 30, 2019; and,

WHEREAS, the following applicants have complied with the provisions of the Act of the

Legislature entitled, “An Act Concerning Alcoholic Beverages”, being Chapter 436 of the Laws of 1933,

its supplements and amendments, and with the Rules and Regulations issued or to be promulgated by the

State Commissioner of Alcoholic Beverage Control applicable.


Park, County of Union, State of New Jersey that the Borough Clerk be and is hereby authorized to issue

licenses effective July 1, 2019 to expire June 30, 2020, to the following:

PLENARY RETAIL CONSUMPTION LICENSES - $1,500.00

2015-33-010-006 Ocean Castle, Inc., 9 W. Westfield Avenue, Roselle Park, NJ 07204

t/a Vintage Italian Restaurant & Catering

2015-33-015-004 Caracitas Corporation, 157 E. Westfield Avenue, Roselle Park, NJ 07204

t/a Vinhus Restaurant & Lounge

2015-33-004-008 Willow Kacie, LLC, 600 W. Westfield Avenue, Roselle Park, NJ 07204

t/a Sun Tavern

2015-33-009-013 Olde Dowlings LLC, 117 Chestnut Street, Roselle Park, NJ 07204

t/a Dowling Irish Pub & Restaurant

2015-33-005-003 Frenchy’s Bar Grill, Inc., 545 W. Westfield Ave., Roselle Park, NJ 07204

t/a Frenchy’s Bar Grill

PLENARY RETAIL DISTRIBUTION LICENSES - $1,000.00

2015-44-003-003 Gajani Inc., 117 W. Colfax Avenue, Roselle Park, NJ 07204

t/a Roselle Park Liquors and Food

2015-44-013-009 Chestnut Street Spirits, LLC, 137 Chestnut Street, Roselle Park, NJ 07204

t/a Roselle Park Wines & Spirits

CLUB LICENSES - $140.00

2015-31-017-001 American Legion Post 60, Inc., 34 E. Westfield Avenue, Roselle Park, NJ 07204

2015-31-018-001 West End Community Center, 205 W. Clay Avenue, Roselle Park, NJ 07204



Union, State of New Jersey, hereby accept a material donation from Carl A. Hokanson, 318 Hemlock

Street, Roselle Park, New Jersey 07204 in the form of six (6) bronze plaques indicating the branches of

the United Stated armed services for use by the Borough of Roselle Park and placement on the Purple

Heart monument at the Roselle Park Veterans Memorial Library.



Union, State of New Jersey hereby appoint Tim M. Tageav of 9A Colfax Manor, Roselle Park, New

Jersey 07204 as a member of the Roselle Park Fire Department, effective immediately, to be assigned to

the Center Firehouse.


WHEREAS, N.J.S.40A:4-87 provides that the Director of the Division of Local Government

Services may approve the insertion of any special item of revenue in the budget of any county or

municipality when such item shall have been made available by law and the amount was not determined

at the time of the adoption of the budget; and,

WHEREAS, the Director may also approve the insertion of any item of appropriation for equal

amount.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Roselle

Park, County of Union, State of New Jersey hereby requests the Director of the Division of Local

Government Services to approve the insertion of an item of revenue in the 2019 Municipal Budget in the

sum of $23,231.19 which item is now available as a revenue from the Clean Communities Program Grant

pursuant to the provisions of statute; and,

BE IT FURTHER RESOLVED, that the like sum of $23,231.19 is hereby appropriated under the

caption of the Clean Communities Program Grant; and,

BE IT FURTHER RESOLVED, that the Borough Clerk is directed to forward a certified copy of

this Resolution with enclosures to the Chief Financial Officer to submit the Resolution electronically to

the Director of the Division of Local Government Services.


WHEREAS, N.J.S.40A:4-87 provides that the Director of the Division of Local Government

Services may approve the insertion of any special item of revenue in the budget of any county or

municipality when such item shall have been made available by law and the amount was not determined

at the time of the adoption of the budget; and,

WHEREAS, the Director may also approve the insertion of any item of appropriation for equal

amount.


Park, County of Union, State of New Jersey hereby requests the Director of the Division of Local

Government Services to approve the insertion of an item of revenue in the 2019 Municipal Budget in the

sum of $10,000.00 which item is now available as a revenue from a Sustainable Jersey Grant funded by

the PSE&G Foundation pursuant to the provisions of statute; and,

BE IT FURTHER RESOLVED, that the like sum of $10,000.00 is hereby appropriated under the

caption of the Sustainable Jersey Grant; and,

BE IT FURTHER RESOLVED, that the Borough Clerk is directed to forward a certified copy of

this Resolution with enclosures to the Chief Financial Officer to submit the Resolution electronically to

the Director of the Division of Local Government Services.


WHEREAS, Carol Martin resigned from the Borough of Roselle Park effective June 2, 2019;

and,

WHEREAS, Carol Martin is entitled to certain compensation; and,

WHEREAS, it has been agreed by the Mayor and Council of the Borough of Roselle Park and

Carol Martin that the break-down of time-due compensation will be paid as follows:

Amount Daily/Hourly Amount

Description of Days /Hours Rate Due

Vacation Days for 2019 9 days $ 170.48 $ 1,534.32

Holidays for 2019 4 days $170.48 $ 681.92

Personal Days for 2019 0 days $ 170.48 $ 0.00

Comp. Time for 2019 12.96 hours $ 20.8297 $ 269.95

Sick Time for 2019 72.28 hours $ 20.8297 $ 1,505.57

Vacation Days for 2020 6.25 days $ 170.48 $ 1,065.50

BOROUGH OF ROSELLE PARK

TAX COLLECTOR

ANALYSIS OF LIEN REDEMPTIONS

6/6/2019

*

REDEMPTION INTEREST ON SUBSEQUENT INTEREST ON

TOTAL AMOUNT CERTIFICATE PENALTY CERTIFICATE DATE SEARCH RECORDING TAXES SUBSEQUENTS TO 6% INTEREST LEGAL

TSC # BLOCK LOT QUAL. PREMIUM REDEEMED AMOUNT PERCENTAGE 6/6/2019 FEE FEE PAID 6/6/2019 PENALTY FEES

MAS CAPITAL 15-023 509 8 1,000.00$ 1,800.88$ 291.78$ 5.84$ 12.00$ 43.00$ 1,008.43$ 439.83$

-$

-$

-$

TOTAL 1,000.00$ 1,800.88$ 291.78$ 5.84$ -$ 12.00$ 43.00$ 1,008.43$ 439.83$ -$ -$

(15 days prorated for 5 months)

Total Due $ 5,057.26


Park, County of Union, State of New Jersey that the Chief Financial Officer is hereby directed to pay

Carol Martin the entitled compensation at the above schedule.



State of New Jersey that they authorize the Tax Collector to direct the Treasurer to issue one (1) check

totaling $1,800.88 payable to one (1) lien holder on one (1) property; and,

BE IT FURTHER RESOLVED that one (1) check be issued in the total amount of $1,000.00

from the Tax Collector’s Premium Account.




WHEREAS, the following applicants have complied with the provisions of the Act of the

Legislature entitled, “An Act Concerning Alcoholic Beverages”, being Chapter 436 of the Laws of 1933,

its supplements and amendments, and with the Rules and Regulations issued or to be promulgated by the

State Commissioner of Alcoholic Beverage Control applicable, thereto; and,

WHEREAS, it has been established by previous acts of the Mayor and Council of the Borough of

Roselle Park and the Police Department of the Borough of Roselle Park that there were a number of

complaints from the surrounding neighborhood regarding the excessive noise coming from 147 West

Westfield Avenue, Roselle Park, NJ 07204, known to be the place of business and operation for Plenary

Retail Consumption License No. 2015-33-012-005, Gourmet Food Merchant, LLC t/a The Castle (the

current licensee), which, at the time of such aforementioned complaints, was operated by and as Solar Do

Minho II, Inc., and that despite representations to the contrary, those complaints remained unsatisfied and

unheeded; and,

WHEREAS, the licensee at the time of the complaints was put on notice that they must comply

with the Peace and Good Order Ordinance (Chapter III, Section 3-9 of the Code of the Borough of

Roselle Park), and that continued violation would result in the issuance of summonses; and,

WHEREAS, the licensee at the time was further notified that it was a penalty of the regulations

governing Alcoholic Beverage Control for the licensee to serve alcoholic beverages in the unlicensed

garden area of the establishment and, any and all violations would be subject to disciplinary charges being

brought against said licensee; and,

WHEREAS, an incident occurred on January 1, 2011 at the location of Plenary Retail

Consumption License No. 2015-33-012-003, known at the time to be Solar Do Minho II, Inc. Restaurant,

147 West Westfield Avenue, Roselle Park, NJ 07204, which required the assistance of seven municipal

police departments to get the situation under control; and,

WHEREAS, said license was cited in violation of N.J.A.C. 13:2-23.6(a) 3 and charges were

levied against the holder of Plenary Retail Consumption License No. 2015-33-012-003; and,

WHEREAS, a disciplinary hearing was held on April 12, 2011, and, the holder of License No.

2015-33-012-003 plead guilty to the above charges; and,

WHEREAS, the owner of Alcoholic Beverage License No. 2015-33-012-003 hereby agreed by

written agreement to the following terms and special conditions, and these special conditions will be

reviewed on a yearly basis and may be amended or removed; and,

WHEREAS, certain transfers were effectuated in the ensuing time period including actions taken

by the Mayor and Council of the Borough of Roselle Park approving Resolution No. 188-13, the person-

to-person transfer from Solar Do Minho II Inc. to Gourmet Food Merchant LLC t/a The Castle, effective

September 19, 2013 subject to special conditions imposed, outlined below, and incorporated herein.


Park, County of Union, State of New Jersey that the Borough Clerk be and is hereby authorized to renew

Plenary Retail Consumption License No. 2015-33-012-005, Gourmet Food Merchant, LLC, 16 Cornwall

Road, Glen Rock, NJ 07452, t/a The Castle, 147 West Westfield Avenue, Roselle Park, NJ 07204

effective July 1, 2019 to expire June 30, 2020 with the same, following special conditions:

1. Owner will forward copies of all signed contracts for rental/use of any/all rooms seven

days prior to date of use to the Police Chief; and will follow the recommendations of the

Police Chief.

2. Owner will notify the Police Chief of all holiday events seven days prior to event and will

follow the recommendations of the Police Chief.

3. Owner shall not allow any music, exterior to the building, regardless of whether it is

amplified or live.




WHEREAS, the following licensee complied with the provisions of the Act of the Legislature

entitled, “An Act Concerning Alcoholic Beverages”, being Chapter 436 of the Laws of 1933, its

supplements and amendments, and with the Rules and Regulations issued or to be promulgated by the

State Commissioner of Alcoholic Beverage Control applicable, thereto; and,

WHEREAS, the following licensee has received a special ruling from the Director of the Division

of Alcoholic Beverage Control of the State of New Jersey pursuant to N.J.S.A. 33:1-12.39 for the 2019-

2020 and 2020-2021 licensing terms.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Roselle

Park, County of Union, State of New Jersey that the Borough Clerk be and is hereby authorized to renew

the following inactive license effective July 1, 2019 to expire June 30, 2020:

PLENARY RETAIL CONSUMPTION LICENSE - $1,500.00

2015-33-006-014 Café C Roselle Park, LLC

201 South Wood Avenue, Linden, N.J. 07036 (owner’s mailing address)


WHEREAS, the Borough of Roselle Park (the “Borough”) no longer has use for the attached

automobiles; and,

WHEREAS, the governing body of the Borough believes it to be advantageous to dispose of this

now surplus property; and,

WHEREAS, N.J.S.A. 40A:12-13 and 40A:12-13.1 permit the Borough to dispose of surplus

property no longer needed for public use by auction and to authorize such action by Resolution..


Park, County of Union, State of New Jersey that the Borough Clerk be and is hereby authorized to sell the

attached items, as is, at public auction beginning at 10:00 a.m. local prevailing time on Thursday, June 27,

2019. The auction will be advertised in the following media: The Star Ledger and Borough of Roselle

Park website; and,

BE IT FURTHER RESOLVED that said auction shall be conducted by the Borough Clerk or by

any person so designated by him with the following explicit provisions of sale:

1. Said property is being sold “as is”.

2. All prospective purchasers are put on notice to personally inspect the property.

3. At the date, time and place of sale, a purchaser shall deposit the entire purchase price with the

Borough Clerk in cash or certified check made payable to the “Borough of Roselle Park.”

4. If the purchaser fails to take title and possession within ten calendar (10) days of the date of

purchase, the Governing Body of the Borough may declare the contract of sale to be terminated

and may retain all monies paid there under as liquidated damages; likewise, the Borough may re-

sell said property or pursue such other and further legal and equitable remedies as it may have;

furthermore, if the purchaser fails to take title or possession within said ten (10) days, purchaser

will be liable for reasonable storage fees.

5. If the title to this property shall prove to be unmarketable, the liability of the Borough shall be

limited to the repayment of the amount of any sums paid by said purchaser to the Borough

without any further costs, expense, damage, claim against or liability upon the Borough.

6. The Borough of Roselle Park reserves the right to reject bids and shall not be obligated to accept

any bids.

7. All prospective purchasers are put on notice that no employee, agent, officer, body or subordinate

body has any authority to waive, modify or amend any of the conditions of sale.

Year Make Model Identification Number Minimum Bid Location

2003 Hyundai Sonata KMHWF35H73A902051 $200.00 George’s

2006 Nissan Altima 1N4AL11D06N411421 $200.00 George’s

2007 Mitsubishi Galant 4A3AB56F37E037920 $200.00 Sisbarro’s

The following Resolution was offered by Councilman Petrosky; seconded by Councilman

Connelly.


WHEREAS, the Borough of Roselle Park (the “Borough”) entered into a lease agreement (the

“Lease”), annexed hereto as Exhibit A, with Timpat, Inc. (“Timpat”) dated September 19, 2018; and,

WHEREAS, Paragraph “J” of the Lease states that “[t]he Borough … shall have the right to

terminate the within Lease Agreement at any time upon sixty (60) days written notice to the

Landlord….;” and,

WHEREAS, the Borough no longer believes it is receiving any benefit from such Lease;

and,

WHEREAS, the Borough wishes to terminate such Lease pursuant to Paragraph “J” of the Lease.


Park, County of Union, State of New Jersey that the Borough Clerk is hereby authorized to execute a

Notice of Termination and take any and all further steps necessary to terminate the Lease on behalf of the

Borough.

Mayor Signorello stated he supports terminating the lease.

Councilman DeIorio stated he spoke to Mr. Ryan about possible changes to pay schedule and

asked that the Borough Attorney to follow-up with Mr. Ryan’s attorney to see if a possible new

agreement could be reached.

Borough Attorney Kantor stated he had been trying to sync up with Mr. Ryan’s attorney and

would continue to do so in an effort to see if a new agreement was possible.

Vote Record – Resolutions #122-19



Petrosky

Fahoury

Connelly

Negron

DeIorio

Mathieu

Signorello


Connelly.


WHEREAS, the Borough of Roselle Park (the “Borough”) and the Roselle Park Police

Benevolent Association Local 27 (the “PBA;” and, collectively, the “Parties”) have come to come to

mutually agreeable terms on a Sidebar Agreement to the prevailing collective bargaining agreement

between the Parties covering January 1, 2015 through December 31, 2019; and,

WHEREAS, it is the recommendation of the Chief of Police that such agreement be authorized

and executed in furtherance of Police Department operations; and,

WHEREAS, the Mayor and Council of the Borough are in agreeance with the Chief of Police and

wish to authorize the execution of the agreement.


Park, County of Union, State of New Jersey hereby authorize the Mayor and Borough Clerk to execute

Sidebar Agreement No. 1 as described herein and attached hereto as Exhibit A.

EXHIBIT A

SIDEBAR AGREEMENT NO. 1

The Borough of Roselle Park and PBA Local 27 agree as follows:

1. The Borough shall amend the Police Department Table of Organization to

include the position of Corporal as an assignment.

2. The Corporal shall be responsible for the performance of the duties of a Sergeant in

the absence of the Sergeant on his/her shift. A Corporal shall not, however, except in emergent

circumstances, have the authority to implement disciplinary actions.

3. The assignment of Corporal is not intended to circumvent filling vacancies in the

Sergeant’s rank.

4. The Borough agrees to increase a Police Officer’s annual pensionable base pay by

four thousand ($4,000) dollars while that Police Officer is assigned as a Corporal. The increase

shall be paid in the regular payroll cycle of the Borough in equal installments.

5. The Corporal position shall not be a rank but an assignment to be made at the

discretion of the Chief of Police only with such limitations as set forth in this Agreement. As such,

unless an allegation alleges a violation of this Agreement, the actual assignment of a Police Officer to

Corporal shall not be subject to the grievance procedure set forth in Article 4 of the parties’ collective

negotiations agreement. A Police Officer may decline a Corporal assignment without repercussion.

6. The role, function and job description of the position of Corporal shall be at the sole

discretion of the Chief of Police and may be revised or modified from time to time at the Chief’s sole

discretion. However, the Chief of Police shall provide at least thirty (30) calendar days’ written

notice to the PBA of any such revisions or modifications. All such revisions or modifications that

involve mandatory subjects of negotiations shall be negotiated with the PBA prior to implementation

if the PBA requests such negotiations.

7. A Police Officer may be removed from the assignment of Corporal at the discretion of

the Chief of Police. However, except within the first forty-five (45) calendar days of the assignment,

unless the Corporal is removed for a proven disciplinary action for just cause he/she shall maintain the

increase set forth in paragraph 4, above. The issue of a “just cause” removal shall be subject to the

Article 4 of the grievance procedure.

8. Unless specifically approved by the Chief of Police or his/her chosen designee, a

Corporal shall not take a Vacation day, Holiday or Compensatory day off on the same day and

shift as the Sergeant.

a. A Corporal may use a Priority Holiday or Personal Day to be off on the same

day and shift as the Sergeant, as long as the shift is able to be filled by a supervisor on the approved

supervisor list.

9. For the purposes of vacation selection as set forth in Article 15, of the parties’ collective

negotiations agreement, all vacations will continue to be picked by seniority, based on the date of hire.

10. Corporals and Sergeants shall be eligible to swap shifts amongst those officers holding

such rank and/or assignment. Corporals can switch shifts with a Sergeant only when no Sergeant is

working. Two Sergeants shall not work the same shift unless approved by the Chief of Police or

his/her designee.

11. This Agreement modifies the parties’ collective negotiations agreement in all

applicable places. All other terms and conditions set forth in the collective negotiations shall remain

unchanged.

12. Moving forward, Police Officers who are assigned to the positions of Juvenile Officer,

Traffic Officer or Detective, or Detective Sergeant on or after the date of execution of this Agreement

shall receive an additional payment ($3,000.00) dollars added to their pensionable base pay. This rate

of payment shall not apply to or affect the rate of pay received by any Police Officer previously

assigned as Juvenile Officer, Traffic Officer or Detective prior to the date of this Agreement. The

increase shall be paid in the regular payroll cycles of the Borough in equal installments. A Police

Officer may be removed from these assignments at the discretion of the Chief of Police. However,

except within the first forty-five (45) calendar days of the assignment, unless the removal is for proven

disciplinary action for just cause, he/she shall maintain the increase received for the assignment.

13. This Agreement shall not be effective unless ratified by the PBA membership and

approved by the Mayor and Council.

14. This Agreement shall be reviewed by the Chief of Police after twelve (12) months

from the date of execution to determine if the Department shall continue to assign Police Officers

to the position of Corporal. If the Chief of Police discontinues assigning Police Officers to the

position of Corporal, the increase set forth in paragraph 4, above shall be eliminated and those

officers who were assigned as Corporals shall no longer be obligated to perform Corporal duties.

BOROUGH OF ROSELLE PARK: ATTEST/DATE:

JOSEPH SIGNORELLO III, MAYOR ANDREW J. CASAIS, RMC

BOROUGH CLERK

DATE:

ROSELLE PARK PBA LOCAL 27: ATTEST/DATE:

DATE:

Councilman Connelly moved to table Resolution No. 174-19 to after Closed Session; seconded

by Councilman Petrosky; all members present voting Aye, said motion was adopted.

Borough Clerk Casais advised the Governing Body that Resolution No. 179-19 was a sensitive

personnel matter where an employee received a Rice Notice, so that would also be discussed in Closed

Session.


Connelly.


WHEREAS, the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq. (the

“Redevelopment Law”), authorizes municipalities to determine whether certain parcels of land in the

municipality constitute areas in need of redevelopment; and,

WHEREAS, pursuant to N.J.S.A. 40A:12A-6 of the Redevelopment Law, the Council (the

“Borough Council”) of the Borough of Roselle Park, in the County of Union, New Jersey (the

“Borough”) must authorize the Land Use Board of the Borough (the “Land Use Board”) to conduct an

investigation of the area and make recommendations to the Borough Council; and,

WHEREAS, the Borough Council adopted Resolution No. 165-18 on May 17, 2018 authorizing

and directing the Land Use Board to undertake a preliminary investigation to determine if Block 503,

Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 (the “Study Area”) as identified on the municipal tax map of the

Borough met the criteria of a condemnation redevelopment area in accordance with the Redevelopment

Law; and,

WHEREAS, at their Regular Meeting of March 18, 2019, the Land Use Board engaged in a

discussion regarding the “Area in Need of Redevelopment Investigation” report prepared by Neglia

Engineering Associates in connection with the Study Area as presented at the Land Use Board meeting of

December 10, 2018; and,

WHEREAS, after consideration, the Land Use Board recommended that the Borough Council

authorize a new investigation to explore whether the Study Area might benefit from the tools available

under the Redevelopment Law to provide a means to facilitate a comprehensive redevelopment plan for

the Study Area and to address the underutilization, vacancies and deteriorating conditions of the Study

Area and other surrounding properties or impacted properties; and,

WHEREAS, the Borough Council, by Resolution No. 148-19, adopted April 4, 2019 pursuant to

the Redevelopment Law, authorized and directed the Land Use Board to undertake a new preliminary

investigation to determine if the Study Area constituted an area in need of redevelopment according to the

criteria set forth in the Redevelopment Law; and,

WHEREAS, the aforesaid Resolution authorized the Land Use Board to investigate the Study

Area as a Non-Condemnation Redevelopment Area (as defined in N.J.S.A. 40A:12A-6(a) of the

Redevelopment Law), within which the Borough may use all of those powers provided under the

Redevelopment Law for use in a redevelopment area, except the power of eminent domain; and,

WHEREAS, Neglia Engineering Associates conducted a new preliminary investigation of the

Study Area to determine whether the Study Area should be designated an area in need of redevelopment,

and prepared a preliminary investigation report of the above-referenced Study Area in accordance with

the Redevelopment Law, entitled “Area in Need of Redevelopment Study West Lincoln Avenue and

Locust Street Redevelopment Area Borough of Roselle Park Block 503, Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and

10” (the “Study”); and,

WHEREAS, the Study sets forth the basis for the investigation of the Study Area and a map

depicting the Study Area, and concludes that the Study Area qualifies as an area in need of redevelopment

pursuant to the Redevelopment Law, for the reasons set forth in the Study; and,

WHEREAS, the Redevelopment Law requires the Land Use Board to conduct a public hearing

prior to making its determination whether the Study Area should be designated as an area in need of

redevelopment, at which hearing the Land Use Board shall hear all persons who are interested in or would

be affected by a determination that the Study Area is a redevelopment area; and,

WHEREAS, on May 20, 2019 the Land Use Board conducted a public hearing in accordance

with the Redevelopment Law; and,

WHEREAS, the Land Use Board properly noticed a public hearing on the Study which conforms

to the Redevelopment Law; and,

WHEREAS, the Land Use Board, after due consideration of the Study and the comments and

objections from the public made part of the public record and after consulting appropriate municipal

departments and counsel, took action recommending the Borough Council adopt a Resolution designating

the Study Area as an area in need of redevelopment pursuant to the Redevelopment Law, with the

classification as a “Non-Condemnation Redevelopment Area” as referenced in the Redevelopment Law;

and,

WHEREAS, the Borough Council has determined that, based upon the recommendations of the

Land Use Board, the Study Area should be designated an area in need of redevelopment under the

Redevelopment Law, such designation authorizing the Borough and Borough Council to use all those

powers provided by the Redevelopment Law for use in a redevelopment area, except the power of

eminent domain; and,

WHEREAS, the Borough Council has determined to authorize the preparation of a

redevelopment plan for the Study Area.

NOW THEREFORE, BE IT RESOLVED BY THE BOROUGH COUNCIL OF THE

BOROUGH OF ROSELLE PARK, NEW JERSEY AS FOLLOWS:

SECTION 1. The foregoing recitals are incorporated herein as if set forth in full.

SECTION 2. The recommendations and conclusions of the Land Use Board are hereby

accepted by the Borough Council.

SECTION 3. Based upon the findings and recommendations of the Land Use Board, the Study

Area is hereby designated an area in need of redevelopment pursuant to the provisions of Sections 5 and 6

of the Redevelopment Law and classified as a “Non-Condemnation Redevelopment Area” authorizing the

Borough and Borough Council to use all those powers provided by the Redevelopment Law for use in a

redevelopment area, except the power of eminent domain.

SECTION 4. The Borough Clerk is hereby directed to transmit a copy of this Resolution to the

Commissioner of the New Jersey Department of Community Affairs for review pursuant to Section

6(b)(5) of the Redevelopment Law.

SECTION 5. The Borough Clerk is hereby directed to serve, within ten (10) days hereof, a

copy of this Resolution upon (i) all record owners of property located within the Study Area, as reflected

on the tax assessor’s records, and (ii) each person who filed a written objection prior to the hearing held

by the Land Use Board, service to be in the manner provided by Section 6 of the Redevelopment Law.

SECTION 6. Harbor Consultants, Inc. is hereby authorized and directed to prepare a

redevelopment plan for the Study Area and present same to the Land Use Board for review.

SECTION 7. Resolution shall take effect immediately.




Petrosky

Fahoury

Connelly

Negron

DeIorio

Mathieu

Signorello


Connelly.


WHEREAS, on April 4, 2019 the Mayor and Council of the Borough of Roselle Park adopted

Resolution No. 144-19, awarding a Professional Service Contract to McManimon, Scotland & Baumann,

LLC for Redevelopment Legal Counsel Services associated with the Redevelopment Investigation of

Block 503, Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of the municipal tax map; and,

WHEREAS, such services and processes associated with the aforesaid Redevelopment

Investigation have been substantially completed to the satisfaction of the Borough; and,

WHEREAS, upon designation of Block 503, Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of the municipal

tax map as a redevelopment area the Borough of Roselle Park remains in need of continued

Redevelopment Legal Counsel Services in connection with the same.


Park, County of Union, State of New Jersey that a Professional Service Contract be awarded to

McManimon, Scotland & Baumann, LLC of 75 Livingston Avenue, Second Floor, Roseland, New Jersey

07068 for Redevelopment Legal Counsel Services associated with the remaining redevelopment

processes of Block 503, Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of the municipal tax map in an amount not to

exceed fifteen-thousand dollars and zero cents ($15,000.00); and,

BE IT FURTHER RESOLVED that charges incrementally incurred and paid associated with this

contract shall be pursuant to the contract terms authorized in Resolution 35-19.

Councilman DeIorio confirmed that this Resolution as well a Resolution No. 190-19 was simply

moving the Borough to the next step in the redevelopment process.

Borough Clerk Casais confirmed.




Petrosky

Fahoury

Connelly

Negron

DeIorio

Mathieu

Signorello


Connelly.


WHEREAS, the Borough of Roselle Park is in need of Professional Planning Services for the

preparation of a Redevelopment Plan for Block 503, Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of the municipal

tax map; and,

WHEREAS, the Municipal Land Use Board of the Borough of Roselle Park has appointed

Harbor Consultants, Inc. as the Municipal Planner of record for 2019.


Park, County of Union, State of New Jersey that a Professional Service Contract be awarded to Harbor

Consultants, Inc. of 320 North Avenue East, Cranford, New Jersey 07016 for the preparation of a

Redevelopment Plan for Block 503, Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of the municipal tax map in an

amount not to exceed twenty-two thousand dollars and zero cents ($22,000.00); and,

BE IT FURTHER RESOLVED that charges incrementally incurred and paid associated with this

contract shall be pursuant to the contract terms authorized in Roselle Park Municipal Land Use Board

Resolution No. 2019-002.




Petrosky

Fahoury

Connelly

Negron

DeIorio

Mathieu

Signorello

REPORTS OF DEPARTMENTS

Joseph Signorello, Jr. – Fire Chief

Provided an update on live burn activities at the Union County Fire Academy.

Stated that he was conducting fire inspections at the St. Anthony Feast; wished Church of the

Assumption well.

Daniel McCaffery – Police Chief

Stated that the Police Department was conducting enhanced patrols regarding speeding.

Asked residents to look out for students and kids while driving.

Recounted discussions with the Borough Engineer about speed bumps and speed tables; their

uses, and practical deployment within municipalities, including Roselle Park.

Frank Genova – Construction Official

Provided statistics for May 2019; 61 permits and total monthly revenue of $16,264.

REPORTS OF BOROUGH COUNCIL / COMMITTEES

Councilman Mathieu

Noted Sullivan as a topic of conversation.

Provided his rational for tabling the PILOT Ordinance.

Stated he supported the project and defers to the Municipal Land Use Board for Site Plan

approval.

Stated he wants the Municipal Land Use Board to have the necessary tools to make a decision

unhindered by actions of the governing body.

Councilman DeIorio

Reminded all that June 21st would be Make Music Day.

Stated that June 10th was an Arts Committee Meeting.

Noted some discussion that ensued during the Capital Budget meeting that preceded the

Regular Meeting.

Councilman Petrosky

Extended his condolences to the Mazzeo Family.

Noted that the Borough hosted a great Memorial Day event.

Congratulated the two new Police Officers.

Made note of 75th Anniversary of D-Day.

Encouraged residents to attend St. Anthony Feast.

Reminded all that Roselle Park Night with the Somerset Patriots would be on June 8th.

Provided his contact information.

Councilwoman Negron

Noted that on June 21st she would be attending a Community Outreach meeting for the

Community Visioning initiative.

Stated that she attended the Borough’s Memorial Day events, and they were great.

Requested that the Borough recognize 60 students who assisted the Diversity Committee in

creating a banner; stated that it did not have to be at a Council meeting, but could be dropped

off at their schools prior to the end of the school year.

Borough Clerk Casais stated his office would facilitate the recognition.

Councilman Connelly

Thanked all for their attendance and participation in the Borough’s Memorial Day activities.

Asked all to be vigilant while driving, especially with the school year coming to a close.

Encouraged all to attend the Feast as discussed by others.


Councilman Fahoury

Made note of the Borough-Wide Garage Sale on June 8th and June 9

th.

Stated that Roselle Park’s Superhero 2019 would be Mellissa Rhodes for her resilience in the

face of adversity; asked that it be added to the agenda for June 20th.

Made note about Bulk Waste pickup on June 13th and June 14

th.

Stated that June 2019 was Military PTSD Awareness Month; provided information and

encouraged those in need to get help.

Asked a Proclamation for Military PTSD Awareness Month at the June 20th meeting; Mayor

Signorello agreed.

Reflected on 75th Anniversary of D-Day; recounted commentary for his grandfather about the

evils the world faced during WWII.

Mayor Signorello

Wished all a happy Pride Month; stated that the rainbow flag would be flown at Borough Hall

if possible.

Noted there had been recent interest in reopening the movie theater; expressed his feeling that

it was in large part because of the Borough’s approval and execution of the Redevelopment

Agreement for the former site of Sullivan Chevrolet.

Provided his input on the outcome of the PILOT adoption vote; stated his was discouraged by

and dismayed by the actions by certain members of Council; commended Councilmen

Petrosky and DeIorio on their consistency, but stated that the inconsistency by others was

troubling. He went on to state that he felt the actions displayed by the Council put the

Borough further behind in trying to recreate and improve the municipality.


PUBLIC PORTION

Councilman Petrosky moved at 9:27 p.m. to open the public comment portion of the meeting on

any subject matter; seconded by Councilman Connelly, all members present voting Aye, said motion was

adopted.

Joseph Signorello, Jr., 625 Woodland Avenue

Noted that he was a taxpayer and had been since 1985

Stated he was very unhappy about the step back taken on redevelopment and the actions of

the governing body.

Chris Shoemaker, 71B Woodside Gardens

Stated that he was angry and disappointed by the decision made about the former site of

Sullivan Chevrolet; stated his belief that the Council should have adopted the PILOT

Ordinance for the project.

He further stated that of late he had spent most of his free time in the Borough of Kenilworth

because there was nothing to do in Roselle Park. He believes that redevelopment projects,

like the one proposed for the Sullivan site, would go a long way in changing that for all.


Echoed the comments made by other residents regarding the Sullivan redevelopment project.

Stated that the action taken by the Council at that meeting was unforgivable and uninformed.

Eugene Meola, 226 Sheridan Avenue

Stated he was dismayed by the actions taken at the meeting on redevelopment.

Stated that this was a redevelopment project that had been in the works for many years.

Stated that it appears some members of Council cannot make a decision; further stated that if

a decision cannot be made by certain people, then those people must step aside and let others

lead.

There being no one else wishing to speak, Councilman Petrosky moved at 9:37 p.m. to close the

public comment portion of the meeting on any subject matter; seconded by Councilman Connelly, all

members present voting Aye, said motion was adopted.

INTERRUPT THE REGULAR ORDER OF BUSINESS

Councilman Petrosky moved at 9:41 p.m. to interrupt the regular order of business for a Closed

Session Meeting; seconded by Councilman Connelly, all members present voting Aye, said motion was

adopted.

Borough Clerk Casais read the Closed Session resolution and said Council would be discussing

the following matters:

Personnel Matter – Police Department (employee received a Rice Notice)

Contract Negotiations – PBA Local No. 27

Contract Negotiations – Plainfield Municipal Utility Authority (PMUA) Re: Recycling

Collection and Disposal

RESUME REGULAR ORDER OF BUSINESS

Councilman Petrosky moved at 10:13 p.m. to resume the regular order of business; seconded by

Councilman Connelly, all members present voting Aye, said motion was adopted.

Borough Clerk Casais said that during Closed Session, Council discussed the following matters:

Personnel Matter – Police Department (employee received a Rice Notice)

Contract Negotiations – PBA Local No. 27

Contract Negotiations – Plainfield Municipal Utility Authority (PMUA) Re: Recycling

Collection and Disposal

Borough Clerk Casais stated that the matter regarding Contract Negotiations with the PMUA

remained unresolved; the other two matters would be resolved by the governing body’s action on

Resolutions remaining on the agenda.

Councilman Petrosky moved at 10:14 p.m. to suspend the by-laws to proceed with the meeting

after 10:00 p.m.; seconded by Councilman Connelly, all members present voting Aye, said motion was

adopted.


Connelly.


WHEREAS, the Borough of Roselle Park (the “Borough”) and the Roselle Park Police

Benevolent Association Local 27 (the “PBA;” and, collectively, the “Parties”) have come to come to

mutually agreeable terms on a Sidebar Agreement to the prevailing collective bargaining agreement

between the Parties covering January 1, 2015 through December 31, 2019; and,

WHEREAS, it is the recommendation of the Chief of Police that such agreement be authorized

and executed in furtherance of Police Department operations; and,

WHEREAS, the Mayor and Council of the Borough are in agreeance with the Chief of Police and

wish to authorize the execution of the agreement.


Park, County of Union, State of New Jersey hereby authorize the Mayor and Borough Clerk to execute

Sidebar Agreement No. 1 as described herein and attached hereto as Exhibit A.

EXHIBIT A

SIDEBAR AGREEMENT NO. 1

The Borough of Roselle Park and PBA Local 27 agree as follows:

1. The Borough shall amend the Police Department Table of Organization to

include the position of Corporal as an assignment.

2. The Corporal shall be responsible for the performance of the duties of a Sergeant in

the absence of the Sergeant on his/her shift. A Corporal shall not, however, except in emergent

circumstances, have the authority to implement disciplinary actions.

3. The assignment of Corporal is not intended to circumvent filling vacancies in the

Sergeant’s rank.

4. The Borough agrees to increase a Police Officer’s annual pensionable base pay by

four thousand ($4,000) dollars while that Police Officer is assigned as a Corporal. The increase

shall be paid in the regular payroll cycle of the Borough in equal installments.

5. The Corporal position shall not be a rank but an assignment to be made at the

discretion of the Chief of Police only with such limitations as set forth in this Agreement. As such,

unless an allegation alleges a violation of this Agreement, the actual assignment of a Police Officer to

Corporal shall not be subject to the grievance procedure set forth in Article 4 of the parties’ collective

negotiations agreement. A Police Officer may decline a Corporal assignment without repercussion.

6. The role, function and job description of the position of Corporal shall be at the sole

discretion of the Chief of Police and may be revised or modified from time to time at the Chief’s sole

discretion. However, the Chief of Police shall provide at least thirty (30) calendar days’ written

notice to the PBA of any such revisions or modifications. All such revisions or modifications that

involve mandatory subjects of negotiations shall be negotiated with the PBA prior to implementation

if the PBA requests such negotiations.

7. A Police Officer may be removed from the assignment of Corporal at the discretion of

the Chief of Police. However, except within the first forty-five (45) calendar days of the assignment,

unless the Corporal is removed for a proven disciplinary action for just cause he/she shall maintain the

increase set forth in paragraph 4, above. The issue of a “just cause” removal shall be subject to the

Article 4 of the grievance procedure.

8. Unless specifically approved by the Chief of Police or his/her chosen designee, a

Corporal shall not take a Vacation day, Holiday or Compensatory day off on the same day and

shift as the Sergeant.

a. A Corporal may use a Priority Holiday or Personal Day to be off on the same

day and shift as the Sergeant, as long as the shift is able to be filled by a supervisor on the approved

supervisor list.

9. For the purposes of vacation selection as set forth in Article 15, of the parties’ collective

negotiations agreement, all vacations will continue to be picked by seniority, based on the date of hire.

10. Corporals and Sergeants shall be eligible to swap shifts amongst those officers holding

such rank and/or assignment. Corporals can switch shifts with a Sergeant only when no Sergeant is

working. Two Sergeants shall not work the same shift unless approved by the Chief of Police or

his/her designee.

11. This Agreement modifies the parties’ collective negotiations agreement in all

applicable places. All other terms and conditions set forth in the collective negotiations shall remain

unchanged.

12. Moving forward, Police Officers who are assigned to the positions of Juvenile Officer,

Traffic Officer or Detective, or Detective Sergeant on or after the date of execution of this Agreement

shall receive an additional payment ($3,000.00) dollars added to their pensionable base pay. This rate

of payment shall not apply to or affect the rate of pay received by any Police Officer previously

assigned as Juvenile Officer, Traffic Officer or Detective prior to the date of this Agreement. The

increase shall be paid in the regular payroll cycles of the Borough in equal installments. A Police

Officer may be removed from these assignments at the discretion of the Chief of Police. However,

except within the first forty-five (45) calendar days of the assignment, unless the removal is for proven

disciplinary action for just cause, he/she shall maintain the increase received for the assignment.

13. This Agreement shall not be effective unless ratified by the PBA membership and

approved by the Mayor and Council.

14. This Agreement shall be reviewed by the Chief of Police after twelve (12) months

from the date of execution to determine if the Department shall continue to assign Police Officers

to the position of Corporal. If the Chief of Police discontinues assigning Police Officers to the

position of Corporal, the increase set forth in paragraph 4, above shall be eliminated and those

officers who were assigned as Corporals shall no longer be obligated to perform Corporal duties.

BOROUGH OF ROSELLE PARK: ATTEST/DATE:

JOSEPH SIGNORELLO III, MAYOR ANDREW J. CASAIS, RMC

BOROUGH CLERK

DATE:

ROSELLE PARK PBA LOCAL 27: ATTEST/DATE:

DATE:




Petrosky

Fahoury

Connelly

Negron

DeIorio

Mathieu

Signorello


Connelly.



Union, State of New Jersey hereby terminate the employment of Patrolman Jeffrey Smith with the

Borough of Roselle Park effective immediately.


Adopted

Adopted as Amended Defeated Tabled Withdrawn


Petrosky

Fahoury

Connelly

Negron

DeIorio

Mathieu

Signorello

There being no further business to come before the meeting, Councilman Petrosky moved at

10:14 p.m. to adjourn; seconded by Councilman Connelly, all members present voting Aye, said motion

was adopted.

Attest:

Andrew J. Casais, RMC

Borough Clerk

Borough of Roselle Park Meeting of June 6, 2019 Attendee...

Documents

Transcript of Borough of Roselle Park Meeting of June 6, 2019 Attendee...