Minutes of January 23, 2018
Approval Date: February 20, 2018

REGULAR WORKSHOP MEETING

OF THE GOVERNING BODY

OF THE BOROUGH OF BLOOMINGDALE

January 23, 2018

The Regular Workshop 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 7:02PM.

Mayor Dunleavy led the Salute to the Flag.

Roll Call:

In Attendance:Mayor Jonathan Dunleavy

Councilman Anthony Costa

Councilman John D’Amato

Councilman Richard Dellaripa

Councilwoman Dawn Hudson

Councilman Michael Sondermeyer

Councilman Ray Yazdi

Municipal Clerk, Breeanna Calabro

Borough Attorney, Dawn Sullivan

PUBLIC NOTICE STATEMENT

Mayor Dunleavy stated that adequate notice of this meeting was posted in the BloomingdaleMunicipalBuilding and provided to The Suburban Trends; The North Jersey Herald & News; and all other local news media on December 27, 2017.

PRESENTATIONS: N/A

EARLY EXECUTIVE SESSION: N/A

NON-AGENDA ITEMS:

  1. Introduction of Ordinance No. 4-2018: Cablevision
  2. Appointment of Sharen Bower to the Senior Advisory Board
  3. Acceptance of Fire Chief memo to remove member from active rolls

EARLY PUBLIC COMMENT:

Motion was made by D’AMATO to open to meeting for public comment; seconded by COSTA and carried per voice vote all voting AYE

Since there was no who wished to speak, HUDSON made a motion to close early public comment; seconded by D’AMATO and carried per voice vote all voting AYE

REPORTS OF PROFESSIONALS, DEPARTMENT HEADS, COMMITTEES, LIAISONS & MAYOR’S REPORT:

Dawn Sullivan, Esq.:

Update given on pending ligation with Linda Huntley. Borough attorney’s office received notice from The New Jersey Superior Court, Appellate Division on a motion to expedite the appeal has been granted.

John D’Amato, Councilman:

100th Anniversary book is coming along and almost ready for printing. Banner will be displayed soon and hope to spread the word on the celebrations.

RESOLUTION NO. 2018-1.98 CONSENT AGENDA

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

RESOLUTION NO. 2018-1.98

OF THE GOVERNING BODY

OF THE BOROUGH OF BLOOMINGDALE

Accepting, Approving and/or Adopting the Consent Agenda of the

January 23, 2018 Regular Meeting

WHEREAS, the Mayor and Council of the Borough of Bloomingdale has determined that to increase efficiency, the Consent Agenda shall be adopted with one resolution,

THEREFORE BE IT RESOLVED, that the following resolutions, placed on this agenda by consent, require no discussion and the same having been previously reviewed by each Governing Body member, be and are hereby adopted in their entirety by the Mayor and Council of the Borough of Bloomingdale:

  1. Approval of Executive Session Minutes:
    November 21, 2017 & December 19, 2017
  2. Resolution No. 2018-1.99: Proclamation ‘School Choice Week’
  3. Resolution No. 2018-1.100: Proclamation ‘Youth Art Month – March’
  4. Resolution No. 2018-1.101: Opposing Proposed Beekeeping Regulations
  5. Resolution No. 2018-1.102: Fire Department Officers 2018
  6. Resolution No. 2018-1.103: Appointment to PRBRS Board
  7. Resolution No. 2018-1.104: Unpaid Sick Leave – Animal Shelter Employee
  8. Resolution No. 2018-1.105: Redemption TTL 16-00010
  9. Resolution No. 2018-1.106: Redemption TTL 16-00011
  10. Resolution No. 2018-1.107: Redemption TTL 16-00015

The motion was seconded by HUDSON and it carried on voice vote all voting AYE.

CONSENT AGENDA RESOLUTIONS:

RESOLUTION NO. 2018-1.99

OF THE GOVERNING BODY OF

THE BOROUGH OF BLOOMINGDALE

A Proclamation Commemorating BloomingdaleSchool Choice Week

WHEREAS all children in The Borough of Bloomingdale should have access to the highest-quality education possible; and,

WHEREAS The Borough of Bloomingdale recognizes the important role that an effective education plays in preparing all students in Bloomingdale to be successful adults; and,

WHEREAS quality education is critically important to the economic vitality of The Borough of Bloomingdale; and,

WHEREAS The Borough of Bloomingdale is home to a multitude of excellent education options from which parents can choose for their children; and,

WHEREAS, educational variety not only helps to diversify our economy, but also enhances the vibrancy of our community; and,

WHEREAS our area has many high-quality teaching professionals who are committed to educating our children; and,

WHEREAS, School Choice Week is celebrated across the country by millions of students, parents, educators, schools and organizations to raise awareness of the need for effective educational options;

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council does hereby recognize January 21-27, 2018 as SCHOOL CHOICE WEEK, and call this observance to the attention of all of our citizens.

RESOLUTION NO. 2018-1.100

OF THE GOVERNING BODY OF
THE BOROUGH OF BLOOMINGDALE

PROCLAMATION - ‘YOUTH ART MONTH’ MARCH 2018

WHEREAS,arteducationcontributespowerfuleducationalbenefitstoallelementary, middle, andsecondarystudents;

WHEREAS, art educationdevelopsstudents’ creativeproblem-solving and critical thinking abilities;

WHEREAS, art educationteachessensitivitytobeauty,order,andother expressive qualities;

WHEREAS, arteducationgivesstudentsadeeperunderstandingof multi-cultural values and beliefs;

WHEREAS, arteducationreinforcesand bringstolifewhatstudents learn in other subjects; and

WHEREAS, arteducationinterrelatesstudentlearninginartproduction, art history, art criticism, and aesthetics.

WHEREAS, the Art Educators of New Jersey have acknowledged the necessity of including arts experiences in all students’ education.

NOW THEREFORE BE IT RESOLVED, that the Mayor and Council of the Borough of Bloomingdale, proclaim March as ‘YOUTH ART MONTH’ and urge all citizens to take interest in and give full support to quality school art programs for children and youth.

RESOLUTION NO. 2018-1.101

OF THE GOVERNING BODY

OF THE BOROUGH OF BLOOMINGDALE

RESOLUTION OF THE BOROUGH OF BLOOMINGDALE OPPOSING BEEKEEPING REGULATIONS

WHEREAS, the New Jersey Department of Agriculture has published new beekeeping regulations in the New Jersey Register which are now open to public comment which must be submitted by January 19, 2018; and

WHEREAS, these new regulations include a section on Apiary Standards which states that bee colony density will be regulated as follows: on residential lot of less than one-quarter acre where agriculture has not otherwise been determined as permitted new (not already in existence) hives are not permitted; on a residential lot of less than one-quarter acre where hives are in existence as of July 31, 2015, the hobbyist beekeeper may seek a waiver; on a residential lot of one-quarter acre to less than five acres, a person wishing to keep bees as a hobbyist may seek a waiver to keep two hives per lot; and

WHEREAS, these new regulations also include a section on Location of Hives, which requires that all hives must be located at least l0 feet from any property line and at least 25 feet from any roadside, sidewalk, or path and 85 feet from any public place including playgrounds, sports fields, schools or churches, unless permission is granted for educational or research purposes, as well as establishing a Flyway Barrier at least 6 feet in height consisting of a solid wall, fence, or dense vegetation parallel to the property line and extending 10 feet beyond the colony in each direction; and

WHEREAS, these new regulations ignore key best management practices for beekeeping, and would be difficult for the vast majority of New Jersey municipalities to enforce; and

WHEREAS, the Borough of Bloomingdale has been notified, that if these regulations are adopted, beekeepers in the Borough of Bloomingdale will be negatively impacted by the new regulations.

NOW, THEREFORE, BE IT RESOLVED, that the Mayor & Council of the Borough of Bloomingdale, County of Passaic, wishes to go on record with the New Jersey Department of Agriculture that the Borough of Bloomingdale is opposed to the new beekeeping regulations which would have a detrimental effect on beekeeping in the Borough of Bloomingdale as well as throughout New Jersey and urges the New Jersey State League of Municipalities to work towards creating legislation with straightforward regulations based on fact science, and best management practices which will protect both beekeepers and non-beekeepers within the State of New Jersey; and

BE IT FURTHER RESOLVED that copies of this resolution be sent to the New Jersey League of Municipalities; New Jersey Beekeepers Association; and all Passaic County municipalities, urging them to oppose the adoption of the new beekeeping as proposed by the New Jersey Department of Agriculture.

RESOLUTION No. 2018-1.102

OF THE GOVERNING BODY OF

THE BOROUGH OF BLOOMINGDALE

Confirming Appointment of 2018 Officers of the Bloomingdale Volunteer Fire Department

WHEREAS, the Governing Body (“Governing Body”) of the Borough of Bloomingdale (“Borough”) finds and declares that the Bloomingdale Volunteer Fire Department (“Department”) serves as the foremost fire protection agency within Borough government; and

WHEREAS, the Governing Body further finds and declares that the Department is comprised of dedicated volunteer citizens of the Borough who elect their own leaders in free, fair and open elections each year; and

WHEREAS, the Governing Body has learned that the Department has elected the following Departmental Officers for calendar year 2018:

Chief:Tony Marciano

First Deputy Chief:Eric Tuason

Second Deputy Chief:Frank Neuberger

Captain Chem. Co.Steve Shattls

First Lt. Chem. Co.Mike Wanklin, Jr.

Second Lt. Chem. Co.Kathleen Wanklin

Captain Hook & Ladder Co.Jason Hammaker

First Lt. Hook & LadderEd Ball

Second Lt. Hook & Ladder Co.Curtis Christler

William SondermeyerFire Police

Richard BoudFire Police

James FerrisFire Police

Thomas BoudFire Police

Robert SaboFire Police

Robert WestdykFire Police

Randy McMaster, Sr.Fire Police

John HookerFire Police

Ladies Auxiliary Officers

PresidentDenise Marciano

Vice PresidentChantelle Duffy

SecretaryKrissy Karcher

TreasurerSue LaPointe

Sgt. At ArmsNancy Hammaker

WHEREAS, the Governing Body has been informed by the Mayor that he concurs with the appointment of the foregoing Departmental Officers for calendar year 2018;

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Bloomingdale that the appointment of the following Officers be and is hereby confirmed for the Bloomingdale Volunteer Fire Department for calendar year 2018:

Chief:Tony Marciano

First Deputy Chief:Eric Tuason

Second Deputy Chief:Frank Neuberger

Captain Chem. Co.Steve Shattls

First Lt. Chem. Co.Mike Wanklin, Jr.

Second Lt. Chem. Co.Kathleen Wanklin

Captain Hook & Ladder Co.Jason Hammaker

First Lt. Hook & LadderEd Ball

Second Lt. Hook & Ladder Co.Curtis Christler

William SondermeyerFire Police

Richard BoudFire Police

James FerrisFire Police

Thomas BoudFire Police

Robert SaboFire Police

Robert WestdykFire Police

Ladies Auxiliary Officers

PresidentDenise Marciano

Vice PresidentChantelle Duffy

SecretaryKrissy Karcher

TreasurerSue LaPointe

Sgt. At ArmsNancyHammaker

RESOLUTION No. 2018-1.103

OF THE GOVERNING BODY OF

THE BOROUGH OF BLOOMINGDALE

Resolution of the Borough of Bloomingdale, County of Passaic and State of New Jersey, Appointing a Member to the Pequannock River Basin Regional Sewerage Authority Board

BE IT RESOLVED that the Governing Body of the Borough of Bloomingdale hereby appoints the following member as the Borough’s Pequannock River Basin Regional Sewerage Authority Board member for a five year term; expiring January 31, 2023:

PRBRSA5 yearsEdwin Howard

RESOLUTION NO. 2018-1.104

OF THE GOVERNING BODY OF

THE BOROUGH OF BLOOMINGDALE

Granting Unpaid Sick Leave to Borough Animal Shelter Employee

WHEREAS, the Governing Body (“Governing Body”) of the Borough of Bloomingdale (“Borough”) finds and declares that Laura Brettschneider (“Employee”) is an employee of the Borough Animal Shelter; and

WHEREAS, the Governing Body further finds and declares that the Employee will be out of work on unpaid sick leave as of October 26, 2017; and

NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of Bloomingdale does hereby grant unpaid sick leave to Borough Employee, Laura Brettschneider, during the period of October 26, 2017 until no later than January 15, 2018; and

BE IT FURTHER RESOLVED that the Municipal Clerk be and is hereby directed to formally notify the Public Employees Retirement System of said status and to cause the same to be included in the records maintained for said employee.

RESOLUTION No. 2018-1.105

OF THE GOVERNING BODY OF

THE BOROUGH OF BLOOMINGDALE

Authorizing Redemption and Cancellation of Tax Title Lien Certificate #16-00010

WHEREAS, the Governing Body (“Governing Body”) of the Borough of Bloomingdale (“Borough”) finds and declares that, at the Borough Tax Sale held on November 21, 2017, a lien was sold on,

141B Union Avenue, Bloomingdale, for delinquent year 2016 Water/Sewer, and

WHEREAS, the Governing Body further finds and declares that the foregoing property is also known as Block 5069, Lot 25, owned by Newlands Asset Holdings Trust; and

WHEREAS, the Governing Body further finds and declares that the foregoing lien which was sold to DENNIS MOELLER for a premium of $1,500.00, and

WHEREAS, the Governing Body further finds and declares that for 141B Union Avenue, Cagan Management Group, Inc, Management Company for Newlands Asset Holdings Trust, has requested redemption of TTL #16-00010, and

WHEREAS, the Governing Body further finds and declares thatCagan Management Group, Inc, has paid all monies, to the Borough of Bloomingdale;

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Bloomingdale that the Borough Treasurer be and is hereby authorized to issue checks in the amount of $1,581.16 for the lien redemption and $1,500.00 for the premium, be made payable to Dennis Moeller, 118 Long Pond Road, Hewitt, NJ 07421 for the redemption and cancellation of Tax Title Lien Certificate #16-00010

1099 = $26.23

RESOLUTION No. 2018-1.106

OF THE GOVERNING BODY OF

THE BOROUGH OF BLOOMINGDALE

Authorizing Redemption and Cancellation of Tax Title Lien Certificate #16-00011

WHEREAS, the Governing Body (“Governing Body”) of the Borough of Bloomingdale (“Borough”) finds and declares that, at the Borough Tax Sale held on November 21, 2017, a lien was sold on,

3 Forest DRive, Bloomingdale, for delinquent year 2016 Sidewalk Assessment, and

WHEREAS, the Governing Body further finds and declares that the foregoing property is also known as Block 5071, Lot 2, owned by OwdetallaYuderkaAbudaya; and

WHEREAS, the Governing Body further finds and declares that the foregoing lien which was sold to FIG CAPITAL INVESMENTS NJ13 for a premium of $1,100.00 and

WHEREAS, the Governing Body further finds and declares that for 3 Forest Drive, the owners, OwdetallaYuderkaAbudaya, have requested redemption of TTL #16-00011, and

WHEREAS, the Governing Body further finds and declares thatthe owners,OwdetallaYuderkaAbudaya , have paid all monies, to the Borough of Bloomingdale;

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Bloomingdale that the Borough Treasurer be and is hereby authorized to issue checks in the amount of $426.99 for the lien redemption and $1,100.00 for the premium, be made payable to Fig Capital Investments NJ13 PO Box 54472, New Orleans, LA 70154, for the redemption and cancellation of Tax Title Lien Certificate #16-00011

1099 = $7.29

RESOLUTION NO. 2018-1.107

OF THE GOVERNING BODY OF

THE BOROUGH OF BLOOMINGDALE

Authorizing Redemption and Cancellation of Tax Title Lien Certificate #16-00015

WHEREAS, the Governing Body (“Governing Body”) of the Borough of Bloomingdale (“Borough”) finds and declares that, at the Borough Tax Sale held on November 21, 2017, a lien was sold on,

318 Union Avenue, Bloomingdale, for delinquent year 2016 Electric, and

WHEREAS, the Governing Body further finds and declares that the foregoing property is also known as Block 5105, Lot 70, owned by Adam P Corn; and

WHEREAS, the Governing Body further finds and declares that the foregoing lien which was sold to DENNIS MOELLER for a premium of $1,200.00, and

WHEREAS, the Governing Body further finds and declares that for 318 Union Avenue, the owner, Adam P Corn, has requested redemption of TTL #16-00015, and

WHEREAS, the Governing Body further finds and declares thatAdam P Corn has paid all monies, to the Borough of Bloomingdale;

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Bloomingdale that the Borough Treasurer be and is hereby authorized to issue checks in the amount of $261.37 for the lien redemption and $1,200.00 for the premium, be made payable to Dennis Moeller, 118 Long Pond Road, Hewitt, NJ 07421 for the redemption and cancellation of Tax Title Lien Certificate #16-00015

1099 = $4.05

PENDING ITEMS:

  1. Second & Final Reading and Public Hearing– Ordinance No 1-2018: Amend 21-17 Towing Fees

AN ORDINANCE OF THE BOROUGH OF BLOOMINGDALE, IN THE COUNTY OF PASSAIC AND STATE OF NEW JERSEY, amending chapter 21 “MUNICIPAL TOWING”, Section 21-17 “TOWING RATES; COMPLAINTS; APPEALS” of the Code of the Borough of Bloomingdalewas given second and final reading and considered for adoption.

The Municipal Clerk, Breeanna Calabro, read the Public Notice statement.

Councilman YAZDI moved that the Ordinance be read by title; seconded by DELLARIPA and carried on voice vote – all members voting AYE

The Municipal Clerk read the Ordinance by title:

ORDINANCE 1-2018

OF THE GOVERNING BODY

OF THE BOROUGH OF BLOOMINGALE

AN ORDINANCE OF THE BOROUGH OF BLOOMINGDALE, IN THE COUNTY OF PASSAIC AND STATE OF NEW JERSEY, amending chapter 21 “MUNICIPAL TOWING”,Section 21-17 “TOWING RATES; COMPLAINTS; APPEALS” of the Code of the Borough of Bloomingdale

WHEREAS, the Borough Code contains a section regarding towing of vehicles and sets forth certain fees associated with same; and

WHEREAS, the Chief of Police of the Bloomindale Borough Police Department, the Borough Council and the Borough Ordinance Committee have reviewed the current Code and determined that it is necessary to amend the Code section to adjust the current towing fees; and

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

SECTION 1.Chapter 21 “Municipal Towing”, Section 21-17 shall be amended to read as follows:

21-17TOWING RATES; COMPLAINTS; APPEALS.

a.The towing rates for the Borough of Bloomingdale shall not exceed those as established by the New Jersey Department of Insurance and promulgated in the New Jersey Register.

1.Basic Tow: (up to 8000 gvw)125.00

2.Basic Tow Medium Duty: (8001-18000 gvw)$225.00

3.Basic Tow Heavy Duty: (18001-80000 gvw)$400.00

4.Waiting time per hour billable in 15 min. increments$ 80.00

5.Cleanup including brush, one bag of 50 lb. absorbent$ 75.00

6.Tarping/crash wrap$ 50.00

7.Winching (under 8000 gvw) per hour billable

in 1/2 hr. increments$180.00

8.Winching (over 8000 gvw) per hour billable

in 1/2 hr. increments$500.00