Salute to the American Flag s1

January 22, 2013

The Regular Session Meeting of the Governing Body of the Borough of Bloomingdale was held on the above date in the Council Chambers of the Municipal Building, 101 Hamburg Turnpike, Bloomingdale, NJ. Mayor Dunleavy called the meeting to order at 7:04 p.m.

SALUTE TO THE AMERICAN FLAG

Mayor Dunleavy led the Salute to the Flag .

ROLL CALL

In Attendance: Mayor: Jonathan Dunleavy

Council Members: Mark Conklin

John D’Amato

Richard Dellaripa

Linda Shortman

Michael Sondermeyer

Ray Yazdi

Professionals Municipal Clerk: Jane McCarthy, RMC

Present: Borough Attorney: Fred Semrau, Esq. and Tracey Yang

PUBLIC NOTICE STATEMENT

Mayor Dunleavy stated that adequate notice of this meeting was posted in the Bloomingdale Municipal Building and provided to The Suburban Trends; The North Jersey Herald & News; and all other local news media on January 2, 2013.

NON-AGENDA ITEMS

Mayor Dunleavy noted that there are a few non agenda items and went over them and noted that they will be on for consideration later in the meeting.

EARLY PUBLIC COMMENT

Councilman Yazdi moved to open the meeting to Early Public Comment; seconded by Councilman Sondermeyer and carried on voice vote.

Carla DeWitt, Kampfe Lake, spoke in regard to the ordinance that is being considered this evening in regard to a full-time Mayor position. She noted that in the past, many fought hard to get the position of a Borough Administrator and felt that this new ordinance violates the intent of the ordinance. Discussed fact that a Borough Administrator should not be politically involved and felt that the Mayor should decide which job he wants and felt t his alters the Borough’s form of government.

Mrs. DeWitt stated t hat there were not interviews held and she felt the Borough could find someone for $84,000 and this blurs the lines between the legislative and administrative of our government. She noted that she felt Mayor Dunleavy would do an excellent job as an Administrator but should resign his position as Mayor.

Councilman D’Amato stated that we looked at going in this direction after Mr. Ehrenburg, the former Administrator, resigned. The Mayor stepped up and assumed the role and did not get compensated for it. He is very dedicated and we have saved money on not hiring a full time Chief Financial Officer, etc. He understands the concerns of the political side; if the Mayor is not doing the job, Councilman D’Amato stated he has no problem talking it away from him.

Councilman Dellaripa asked how Mrs. DeWitt felt the government would change; she stated that there is an inherent conflict and you are manipulating the ordinance.

Linda Huntley, 86 Van Dam Avenue, read a statement into the record as to the 1987 appointment of Borough Administrator and fact that the Borough is a weak Mayor and the Council performs most executive decision. This ordinance will amend the powers of the Mayor. She asked the Borough attorney if this ordinance would stand up to a legal challenge.

The Borough Attorney stated that he drafted the ordinance based on this form of government; the Administrator is an extension of the Governing Body and the Governing Body has the authority to delegate if they wish. The appointment will be made at the discretion of the Council; term is that of a year term and can be terminated by the council. They have the right to give authority or take it away. Anywhere there is a conflict, it would have to be handled by someone who could be the Administrator but not a full time Administrator.

Discussion as to fact that no license is required for an Administrator.

Ms. Huntley stated that she contacted the Department of Community Affairs to see if this is a conflict; they told her to contact the prosecutor’s office. In speaking to a Pat McCabe, they said if appealed this ordinance would fail. The Mayor cannot be subordinate to himself. Noted that t he Council is attempting to change the form of government voted by its citizens. She implored the Council to not vote on t his until they explore all the legal issues and noted that if they go forward, there will be a legal challenge.

Wendy Connolly, Lake Iosco, asked Mayor Dunleavy if he had a choice of Mayor or Borough Administrator which would he choose and he said he has not had to make that choice.

Mrs. Connolly stated that he will get $2,000 on top of his salary and felt that this position is a conflict.

Mrs. Connolly asked when Avalon Bay was approved and noted it was January 2012; she noted that it was sold without a redevelopment plan and Mayor stated that the redevelopment plan came two years after the project was in effect.

Noted that the design is all residential units and it is appraised for $19 million dollars; she asked if the design changes, does the dollar amount change and it was noted that the agreement can change.

Mrs. Connolly asked where were all the meetings held with Avalon Bay representatives and was there always another person from the Borough present.

She asked if they were held in the Borough Hall and not anywhere else; it was noted that there have been two meetings either held at Borough Hall or the Borough Attorney’s office and there were two Council members and attorney present.

Mayor noted that there may have been meetings with our site plan supervisors.

Geraldine DeLazier, 20 Glenwild Avenue, asked if it is necessary to have a Borough Administrator; Borough Attorney noted that it is not a requirement statutorily.

Since there was no one else who wished to speak under the Public Comment, Councilman Yazdi moved that it be closed; seconded by Councilman D’Amato and carried on voice vote.

PUBLIC HEARING ON PASSAIC COUNTY OPEN SPAE AND FARMLAND PRESERVATION TRUST FUND

Mayor Dunleavy noted that the Borough will be applied for a grant for the repair of the bleachers at DeLazier Field at a cost of approximately $175,000.

Councilman Yazdi moved to open the meeting up to a Public Hearing on this ordinance; seconded by Councilman Dunleavy and carried on voice vote.

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

Mayor Dunleavy state that any member of the public could send in letter of support for this project as they will be part of the application.

REPORTS FROM PROFESSIONALS, DEPARTMENT HEADS, COMMITTEES, LIAISONS AND MAYORS REPORT

Municipal Clerk

Municipal Clerk noted that the Passaic County Clerk has updated her website in regard to office hours for notary applications, veterans I.D. cards, etc.

Mayor’s Report

Mayor Dunleavy highlighted the following in his report:

· Freeholder LePore will be at the Borough on February 5, 2013 at 5 p.m. to hear any issues that constituents may have

· Spartech will be doing a computer inventory study of the Borough

· We have been interviewing for a part-time assistant for the Finance/Tax Office

· Have all but four departments budgets; committee will review them and begin the budget process

· We are reviewing our vehicle needs

· Negotiating with a part-time Chief Financial Officer

· Discussing reviewing our debt with the Budget Committee and Finance Department

· We will be authorizing the utility mapping and sewer and storm water mapping

· Held on line auctions for old vehicles

· Pricing generators for DPW and Firemen’s hall

· Open Space Plan is with the Environmental Commission for review

· Avalon Bay is anticipating permits in excess of $413,000

· February 26 there will be information for residents of Rafkind Road on paving, curbs, etc.

· Anticipate bill paying on line by February

· February 7 will be a Information meeting on the Riverwalk

· We will be updating our fee ordinance

· Met with our Insurance Risk Management in regard to Safety meetings

· Kinnelon will be hosting an Ethics and OPRA meeting

· Received formal notification that there will be additional funding for the Walter T. Bergen restrooms

Board of Education

Councilman Dellaripa noted that he attend the Board of Education meeting and the Superintendent spoke highly of our Police Chief and his department as to their recent meetings in regard to calming our fears in regard to what had happened at Newton, CT and what they have done in the Borough.

Environmental Commission

Councilwoman Shortman stated that the Open Space Master Plan has been distributed to the members for their review with the Planning Board recommendations.

APPROVAL OF CONSENT AGENDA

Councilman Yazdi moved for the approval of the following Consent Agenda:

A. Approval of Ad for Butler High School Year book; $225

B. Approval of applications to the Bloomingdale Fire Department: Michael Mazzola; Brian Guinan; Nicholas Katsock and Carrie Napbrano

Councilman D’Amato seconded the motion, and it carried on voice vote with all Council Members voting YES.

PENDING BUSINESS

Adoption of Resolution 2013-1.31: Approval of proposals from

DMC Associates, Inc. Land Surveyors

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

RESOLUTION #2013-1.31

OF THE GOVERNING BODY

OF THE BOROUGH OF BLOOMINGDALE

Resolution of the Borough of Bloomingdale, County of Passaic and State of New Jersey, Authorizing the Award of a Non-Fair and Open Professional Service Contract for the Position of Land Surveyors

WHEREAS, the Borough of Bloomingdale has a need to appoint a Land Surveyor as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4; and

WHEREAS, the Local Public Contracts law (N.J.S.A. 40A:11-1, et. seq) requires that the Resolution authorizing the award of contracts for Professional Services without competitive bids and the contract itself must be awarded for public inspection; and

WHEREAS, the term of this contract for this services is one year from January 1, 2013 through December 31, 2013; and

WHEREAS, DMC Associates, Inc. will provide surveyoring Services for the Ut ilit y Infrastrucure Mapping Project and Land Surveying Services architect services for the Borough of Bloomingdale at the annual compensation not to exceed 124,000; and

WHEREAS, DMC Associates has completed and submitted a Business Entity Disclosure Certification which certifies that the firm has not made any reportable contributions to a political or candidate committee in the Borough of Bloomingdale with the elected officials in the previous one year, and that the contract will prohibit the firm of DMC Associates, Architects and Planners from making any reportable contributions through the term of the contract; and

WHEREAS, the Chief Financial Officer has certified as to the availability of funds pursuant to N.J.A.C. 5:30-5.4;

NOW, THEREFORE, BE IT RESOLVED that the mayor and council of the Borough of Bloomingdale, County of Passaic, State of new Jersey authorizes the Mayor and Municipal Clerk to enter into a contract with DMCAssociates as described herein to the satisfaction of the Mayor and Council; and

BE IT FURTHER RESOLVED, that the contract, resolution and other pertinent documents shall remain on file in the office of the Municipal Clerk; and

BE IT FURTH RESOLVED that a notice of this action shall be printed once in the Borough’s legal newspaper.

Councilwoman Shortman seconded the motion.

Councilman Sondermeyer stated that they were going to put in the size pipe and material included in the language; Mayor will make sure this is done.

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

Discussion of streets considered for name change

Councilman Yazdi moved to refer this to the Governmental Operations Committee for review and recommendation; seconded by Councilwoman Shortman and carried on voice vote.

ORDINANCES:

Second and final reading and public hearing of Ordinance #1-2013: Rental Dwellings

AN ORDINANCE OF THE BOROUGH OF BLOOMINGDALE, IN THE COUNTY OF PASSAIC AND STATE OF NEW JERSEY, TO AMEND CHAPTER XI, BUILDING AND HOUSING, REPEALING SECTION 11-6, “rental OF LEASE OF RESIDENTIAL PROPERTY” and inserting new section 11-6, “rental dwelling units” was given second and final ready and consideration for adoption at this time.

The Municipal Clerk read the public notiece statement.

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

ORDINANCE 1-2013

OF THE GOVERNING BODY

OF THE BOROUGH OF BLOOMINGDALE

WHEREAS, there exists rental dwelling units in the Borough of Bloomingdale; and

Whereas, the Borough is desirous of identifying, inspecting and registering these rental dwelling units for the protection of the tenants and residents of the Borough.

NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Borough Council of the Borough of Bloomingdale, in the County of Passaic and State of New Jersey, as follows:

Section 1. Chapter XI, “Building and Housing,” Section 11-6, “Rental of Lease of Residential Property” of the Borough Code is repealed.

SECTION 2. Chapter XI, “Building and Housing,” Section 11-6, of the Borough Code is added to read as follows:

11-6. Rental Dwelling Units.

§ 11-6.1. Purpose.

This chapter is enacted to further the public health, safety, morals and general welfare of the Borough of Bloomingdale.

§ 11-6.2. Definitions.

The following terms, whenever used or referred to in this chapter, shall have the following respective meanings for the purposes of this chapter, unless a different meaning clearly appears from the context.

CODE OFFICIAL

The official of the Borough of Bloomingdale who is charged with the administration and enforcement of this chapter, or any duly authorized deputy.

HOUSING SPACE

That portion of a dwelling rented or offered for rent for living or dwelling purposes and in which cooking equipment is supplied. The term shall not mean or include public housing or dwelling space in any hotel, motel or established guest house, commonly regarded as a hotel, motel or established guest house, as the case may be, in the Borough.

OWNER

The holder or holders of record title or title by operation of law.

PARTIES IN INTEREST

All individuals, associations and corporations who own or have an interest of record in a housing space or rental dwelling or who are in actual possession thereof or any person authorized to receive rents payable for housing space or a rental dwelling.

§ 11-6.3. Registration form required.

A. It shall be the duty of every owner or party in interest and every tenant or prospective tenant of housing space within the Borough of Bloomingdale to file with the Code Official on the landlord-tenant registration form, as prescribed, the following information: