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 ConklinJohn D’AmatoRichard DellaripaLinda ShortmanMichael SondermeyerRay Yazdi

Professionals Municipal Clerk: Jane McCarthy, RMCPresent: 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.

2

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; $225B. Approval of applications to the Bloomingdale Fire Department: Michael Mazzola; Brian

Guinan; Nicholas Katsock and Carrie Napbrano

3

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 #2013-1.31OF 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

4

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 1-2013OF THE GOVERNING BODY

OF THE BOROUGH OF BLOOMINGDALE

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”

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

5

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

HOUSING SPACEThat 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.

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

PARTIES IN INTERESTAll 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:

(1) The name of the person or persons to whom the rental housing space is being rented.

(2) The number of square feet of the total area actually being rented to the tenant, the number of square feet of area to be used as sleeping quarters and the number of square feet in all other habitable rooms.

(3) The number of rooms being rented to each tenant, including the square footage of each room.

(4) The number of persons to occupy the area being rented.

(5) The owner's name, address and telephone number.

(6) The owner's agent (or other party in interest's) name, address and telephone number.

(7) The names, telephone numbers and ages of the persons to occupy the area being rented, except that each person 18 years and older may use the designation "adult" for age.

B. The owner or its agent and the tenant or prospective tenant shall sign the landlord-tenant registration form verifying the information contained in said form.

§ 11-6.4. Filing of registration form; inspections; validity. A. Apart from any zoning or other regulatory issues, the filing of the registration form in

accordance with the requirements of § 11-8.3 and payment of an inspection fee of $100 per housing space or rental dwelling shall constitute a legally registered housing space with the Borough of Bloomingdale and for purposes of legal proceedings in connection therewith.

B. Upon change of ownership, occupancy or inception of a new tenancy, a new landlord-tenant registration form shall be filed together with a reinspection fee of $50 dollars to continue the legally registered housing space.

C. Each housing space or rental dwelling in the Borough of Bloomingdale shall be subject to an annual reinspection as to which a reinspection fee of $50 shall be paid by the landlord. The reinspection shall take place 12 months after the initial landlord-tenant registration form is completed and the inspection is performed and certified to by the Designated Code Official.

6

D. Each owner and/or its agent shall file a landlord certificate of Registration with the Borough Clerk as required by state law (N.J.S.A. 46:8-27 et seq.).

§ 11-6.5. Information to be posted in affected dwellings.

The name, address and telephone number of the owner(s) or its agent shall be posted in a conspicuous location on the ground floor hall of each housing space regulated by this chapter.

§ 11-6.6. Time for filing.

Initial landlord-tenant registration forms shall be filed with the Borough Clerk or the Designated Code Official within 90 days of the effective date of this chapter. Thereafter, the owner and tenant shall file the completed landlord-tenant registration form with the Borough Clerk or Designated Code Official within 15 days of the inception of a tenancy, any change in the occupancy of the housing space, or a change in ownership.

§ 11-6.7. Owner to supply rules, regulations and registration form.

It shall be the duty of the owner or its agent to supply to each tenant a copy of this chapter and any amendments thereto, as well as a copy of such administrative rules and regulations as shall be in effect at the time the premises are rented. For tenants in place at the time this chapter is adopted, the owner or its agent, shall, within 15 days from the ordinance's effective date, serve on each tenant a copy of this chapter and such rules and regulations as shall be in effect.

§ 11-6.8. Rules and regulations authorized. The Borough Council may, by resolution, from time to time, accept recommendations from the Code Official and make and adopt such written administrative rules and regulations as may be necessary for the proper enforcement and interpretation of this chapter and to secure its intent. Such rules and regulations shall not be in conflict with the provisions of this chapter nor any other ordinances of the Borough of Bloomingdale, nor shall they have the effect of waiving any provisions of this chapter or any other ordinance. Such administrative rules and regulations shall have the same force and effect as the provisions of this chapter, and the penalty for violation thereof shall be the same.

§ 11-6.9. Violations and penalties. Any violation of this chapter by either the owner (s) or the tenant by the refusal or failure of either to file the said certificate or to sign the same shall be punishable based upon the following schedule:

A. First violation: Receipt of written warning from the Borough;

B. Second violation: Fine of $100;

C. Third and subsequent violations: Violator shall be subject to the penalties as set forth in § 1-5 of the Code of the Borough of Bloomingdale.

§ 11-6.10. Penalty to be printed on certificate.

The penalty hereinabove shall be printed in full on the certificate so that both the owner(s) and the tenant may be fully apprised of the penalty to be imposed by the failure to comply with the provisions of this chapter.

§ 11-6.11. Certificate of registration.

The certificate of registration, as set forth on the form approved by the Designated Code Official, shall stand as a certificate of compliance as required by this chapter if the certificate of registration was received within two months of the required annual inspection date.

§ 11-6.12. Occupancy limitations. A. Access from sleeping rooms. Sleeping rooms shall not be used as the only means of

access to other sleeping rooms or habitable spaces. Exception: Dwelling units that contain fewer than two bedrooms.

7

B. Area for sleeping purposes. Every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor area, and every room occupied for sleeping purposes by more than one person shall contain at least 50 square feet of floor area for each occupant thereof.

C. Water closet accessibility. Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom.

D. Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum occupancy area requirements in the following table below:

Minimum Occupancy Area Requirements

Space1 to 2 Occupants

(area in square feet)3 to 5 Occupants

(area in square feet)6 or More Occupants(area in square feet)

Living room None 120 150

Dining room None 80 100

Kitchen 50 50 60

Bedrooms As per § 161-12B As per § 161-12B As per § 161-12B

E. Combined spaces. Combined living room and dining room spaces shall comply with the requirements of the above table if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room.

F. Prohibited uses.(1) Kitchens, nonhabitable spaces and interior public spaces shall not be used for

sleeping purposes.(2) In addition, any other nontraditional sleeping quarter spaces such as attics and

basements shall not be used for sleeping purposes if they do not meet the requisite standards regarding emergency escape and rescue openings, means of egress and all other requirements as set forth by the Uniform Construction Code and the International Residential Code 2006, New Jersey Edition.

G. Minimum ceiling heights.(1) Habitable spaces, other than kitchens, shall have a clear ceiling height of not less

than seven feet four inches. Hallways, corridors, laundry areas, bathrooms, toilet rooms, and kitchens shall have a clear ceiling height of not less than seven feet.

(2) Exceptions.(a) Beams or girders spaced not less than four feet on center and projecting not

more than six inches below the required ceiling height, provided the minimum clear height is not less than six feet eight inches.

(b) Dropped or furred ceilings over no more than 1/2 of the minimum floor area required by this chapter, provided no part of such dropped or furred ceiling is less than seven feet in height.

(c) Rooms used exclusively for sleeping, study, or similar uses and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least seven feet over not less than 1/3 of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor areas with a clear ceiling height of five feet or more shall be included.

(d) Minimum room widths. A habitable room, other than a kitchen, shall not be less than seven feet in any plan dimension. Kitchens shall have a clear passageway of not less than three feet between counter fronts and appliances or counter fronts and walls.

(e) Food preparation. All spaces to be used for food preparation shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food waste and refuse, including facilities for temporary storage.

§ 11-6.13. Code enforcement provisions. A. Notices and orders. The Code Official, as hereinabove defined, shall issue all

necessary notices and orders to abate illegal or unsafe conditions to insure

8

compliance with the requirements of this chapter for the safety, health, and general welfare of the public.

B. Inspections. In order to safeguard the safety, health and welfare of the public, the Code Official is authorized to enter any structure or premises at any reasonable time for the purpose of making inspections and performing duties under this chapter.

C. Right of entry. If any owner, occupant or other person in charge of a structure subject to the provisions of this chapter refuses, impedes, inhibits, interferes with, restricts, or obstructs entry and free access to any part of the structure or premises where inspection authorized by this chapter is sought, the administrative authority shall be permitted to seek, in a court of competent jurisdiction, an order that such owner, occupant or other person in charge cease and desist with such interference.

D. Credentials. The Code Official and authorized representatives shall carry proper credentials of their respective office for the purpose of inspecting any and all buildings and premises in the performance of duties under this chapter.

E. Coordination of enforcement. Inspection of premises, the issuance of notices and orders and enforcement thereof shall be the responsibility of the Code Official so charged by the Borough. Whenever inspections are necessary by any other department the Code Official shall make reasonable effort to arrange for the coordination of such inspections so as to minimize the number of visits by inspectors, and to confer with the other departments for the purpose of eliminating conflicting orders, notices or summons before any are issued. A department, however, shall not delay the issuance of any emergency order.

F. Official records. An official record shall be kept of all business and code enforcement activities of the Code Official and other personnel necessary to administer this chapter as authorized by the Borough of Bloomingdale. All such official records shall be open to public inspection at all appropriate times and under reasonable administrative rules to assure the integrity and security of such records.

SECTION 3. All ordinances or parts of ordinances of the Borough of Bloomingdale

inconsistent herewith are repealed to the extent of such inconsistency.

SECTION 4. If any section, subsection, clause or phrase of this ordinance is for any

reason held to be unconstitutional or invalid by any court or competent jurisdiction, such decision

shall not affect the remaining portion of this ordinance.

SECTION 5. This law shall take effect immediately upon final passage, approval and

publication as required by law.

Councilman Yazdi opened the meeting to a Public Hearing on this ordinance; seconded by Councilman D’Amato and carried on voice vote.

Since there was no one who wished to speak in regard to this ordinance, Councilman Yazdi moved that it be closed; seconded by Councilman Dellaripa and carried on voice vote.

Councilman Yazdi moved for the adoption of the ordinance; seconded by Councilman D’Amato and carried as per the following roll call: Council Members: D’Amato; Dellaripa; Shortman; Sondermeyer; Yazdi and Conklin all YES.

Second and final reading and public hearing of Ordinance #2-2013: Financial Agreement with Bloomingdale Urban Renewal

AN ORDINANCE ACCEPTING AND APPROVING AN APPLICATION

9

BY BLOOMINGDALE URBAN RENEWAL, LLC (FORMERLY KNOWN AS AVALONBAY COMMUNITIES, LLC) FOR A FINANCIAL AGREEMENT WITH THE BOROUGH OF BLOOMINGDALE PURSUANT TO N.J.S.A. 40A:20-1 ET SEQ. was given second and final reading and consideration for adoption at this time.

The Municipal Clerk read the public notice statement.

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

The Municipal Clerk read the ordinance by title.

ORDINANCE NO. 2-2013

AN ORDINANCE ACCEPTING AND APPROVING AN APPLICATION BY BLOOMINGDALE URBAN RENEWAL, LLC (FORMERLY KNOWN AS

AVALONBAY COMMUNITIES, LLC) FOR A FINANCIAL AGREEMENT WITH THE BOROUGH OF BLOOMINGDALE PURSUANT TO N.J.S.A. 40A:20-1 ET SEQ.

WHEREAS, the Mayor and Borough Council of the Borough of Bloomingdale, by Resolution designated property identified as Block 73, Lot 67 (“Property”) as shown on the Official Tax Map of the Borough of Bloomingdale, County of Passaic, State of New Jersey, as being an area in need of redevelopment pursuant to N.J.S.A. 40A:12A-5; and

WHEREAS, a Redevelopment Plan has been adopted for the purpose of redeveloping this Property by way of Ordinance adopted on August 14, 2012; and

WHEREAS, Avalon Bay Communities, Inc., formed Bloomingdale Urban Renewal, LLC (“Entity”) as evidenced by a Certificate of Formation provided to the Borough, to undertake the redevelopment project (“Redevelopment Project”); and

WHEREAS, the Entity submitted an application seeking approval of a Financial Agreement for the Redevelopment Project, which Financial Agreement was attached to the application; and

WHEREAS, the Mayor and Borough Council have determined that it is in the best interest of the Borough to accept the Entity’s application, to approve and adopt the Entity’s proposed Financial Agreement and to enact this Ordinance to allow the Entity to make annual service charge payments, in lieu of taxes, pursuant to N.J.S.A. 40A:20-1 et seq.; and

WHEREAS, the Mayor and Borough Council have given substantial consideration to the Project and to the request of the Entity for the Financial Agreement, and the Borough has received advice from various professionals to establish the reasonableness, fairness and feasibility of this action; and

WHEREAS, the Redevelopment Project will result in significant benefits to the Borough by attracting residents to live in the area.

NOW THEREFORE, BE IT ORDAINED, by the Mayor and Borough Council of the Borough of Bloomingdale that the Financial Agreement application and the proposed Financial Agreement submitted by Bloomingdale Urban Renewal, LLC pursuant to N.J.S.A. 40A:20-1 et seq. are hereby accepted and approved and the Entity shall make payments pursuant to the Financial Agreement, consistent with N.J.S.A. 40A:20-1 et seq. and the Redevelopment Agreement.

NOW THEREFORE, BE IT FURTHER ORDAINED, by the Mayor and Borough Council of the Borough of Bloomingdale that if any section, sub-section, paragraph, sentence, clause or word of this Ordinance shall be adjudged invalid by a court of competent jurisdiction then in such event said invalidity shall not affect the viability of the remaining portions of this Ordinance.

10

Upon adoption of the Financial Agreement pursuant to N.J.S.A. 40A:20-12, a certified copy of this Ordinance and the Financial Agreement shall be transmitted to the Director of the Division of Local Government Services, pursuant to N.J.S.A. 40A:20-12.

This Ordinance shall become effective immediately upon adoption and publication according to law.

Councilman Yazdi moved to open t he meeting to a Public Hearing on this ordinance; seconded by Councilman D’Amato and carried on voice vote.

Linda Huntley, 86 Van Dam Avenue, asked for a clarification of paragraph five to which the Borough Attorney addressed.

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

Councilman Yazdi moved for the adoption of this ordinance; seconded by Councilman D’Amato and carried as per the following roll call: Council Members: Dellaripa, YES; Shortman, NO; Sondermeyer, YES; Yazdi, YES and Conklin, NO.

Second and final reading and Public Hearing of Ordinance #3-2013: Funding received from Financial Agreement

AN ORDINANCE TO ESTABLISH UNDER CHAPTER II, ADMINISTRATION,ARTICLE VIII, POLICIES AND PROCEDURES, THE CREATION OF SECTION 2-76.8, FUNDING RECEIVED FROM FINANCIAL AGREEMENTS RELATING TO REDEVELOPMENT PROJECTSAND FINANCIAL AGREEMENTS PURSUANT TO N.J.S.A. 40A:20-1, ET AL, ALSO KNOWN AS PAYMENT IN LIEU OF TAXES, OR P.I.L.O.T. AGREEMENTS, SHALL BE DEDICATED TO TAXPAYER RELIEF was given second and final reading and consideration for adoption at this time.

The Municipal Clerk read the Public Notice Statement.

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

The Municipal Clerk read the ordinance by title:

ORDINANCE #3-2013

AN ORDINANCE TO ESTABLISH UNDER CHAPTER II, ADMINISTRATION,ARTICLE VIII, POLICIES AND PROCEDURES, THE CREATION OF

SECTION 2-76.8, FUNDING RECEIVED FROM FINANCIAL AGREEMENTS RELATING TO REDEVELOPMENT PROJECTS

AND FINANCIAL AGREEMENTS PURSUANT TO N.J.S.A. 40A:20-1, ET AL, ALSO KNOWN AS PAYMENT IN LIEU OF TAXES, OR P.I.L.O.T. AGREEMENTS,

SHALL BE DEDICATED TO TAXPAYER RELIEF

WHEREAS, the Mayor and Borough Council of the Borough of Bloomingdale have

sought for redevelopment in order to revitalize areas of the Borough which are designated as

areas in need of redevelopment in accordance with the Local Redevelopment and Housing Law,

N.J.S.A. 40A:12a-1; and

11

WHEREAS, the governing body seeks to promote economic development, infrastructure

improvements and overall redevelopment of the Borough to encourage clearance, re-planning,

development and redevelopment, the conservation and rehabilitation of structures and

improvements and the construction and provision for construction of residential, commercial,

industrial, public or other structures as may be appropriate or necessary in the interest of the

general welfare for streets, parks, playgrounds and other purposes including recreational and

other facilities incidental thereto in accordance with a development plan; and

WHEREAS, the governing body may enter into financial agreements permissible under

the law and known as “Payment in Lieu of Taxes” from such qualifying property owners and

developers in the Borough; and

WHEREAS, the Mayor and Borough Council desire that funding received from such

redevelopment sources be specifically dedicated to the overall reduction of municipal taxes paid

by the residents and property owners of the Borough of Bloomingdale.

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

Borough of Bloomingdale as follows:

SECTION 1.  Chapter II, Administration, Article VII, Policies and Procedures, of the

Borough Code of the Borough of Bloomingdale is hereby amended to include and implement the

following Section:

2-76.8 Funding Received from Financial Agreements Relating to the Redevelopment Projects and Financial Agreements Pursuant to N.J.S.A.40A: 20-1, et al, also Known as Payment In Lieu of Taxes or P.I.L.O.T. Agreements Shall be Dedicated to Taxpayer Relief.

A. When the Borough enters into a Financial Agreement for the purposes of

redevelopment pursuant to N.J.S.A. 40A:20-1 et seq., the payments in lieu of taxes that are

received by the Borough, i.e. P.I.L.O.T., shall be dedicated solely to the reduction of municipal

taxes, or for payment to the Bloomingdale Board of Education under the circumstances when a

corresponding redevelopment project results in an additional cost to the Board of Education, the

Borough may reimburse the Board of Education from this fund. This tax reduction shall be

effectuated by the dedication of funding from these redevelopment agreements for the offset of

previously identified and established municipal expenditures including payments on prior debt

obligations of the Borough in order to generate an overall reduction in the municipal budget and

specifically a reduction in the municipal tax levy.

12

B. No funding from a P.I.L.O.T. agreement shall be utilized to support new projects,

programs or staffing of the Borough as this funding shall be dedicated 100% to reduce the overall

tax levy of the Borough of Bloomingdale.

SECTION 2.  All ordinances of the Borough of Bloomingdale, which are inconsistent

with the provisions of this Ordinance, are hereby repealed to the extent of such inconsistency.

SECTION 3.  If any section, subsection, sentence, clause or phrase of this Ordinance is

for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining

portions of this Ordinance.

SECTION 4.  This Ordinance shall take effect immediately upon final passage, approval,

and publication as required by law.

Councilman Yazdi moved that the meeting be open to a Public Hearing on this ordinance; seconded by Councilwoman Shortman and carried on voice vote.

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

Councilman Yazdi moved for the adoption of this ordinance; seconded by Councilman Dunleavy and carried as pr the following roll call: Council Members: Shortman; Sondermeyer; Yazdi; Conklin; D’Amato and Dellaripa all YES.

Second and final Reading of Ordinances $4-2013: Amending Salary Ordinance; Ordinance #5-2013: Amending Chapter II, Administration; Powers and Duties of the Mayor and Resolution Authorizing Jonathan Dunleavy to assume the Duties and responsibilities of the Mayor’s Position on a full-time basis

At this time, Mayor Dunleavy stepped off the dais.

Adoption of resolution #2013-1.32: Authorization for Executive Session

Councilman Yazdi offered the following Resolution and moved for its adoption:RESOLUTION #2011-

OF THE GOVERNING BODYOF THE BOROUGH OF BLOOMINGDALE

Authorizing the Convening of an Executive Session

WHEREAS, the Governing Body (“Governing Body”) of the Borough of Bloomingdale (“Borough”) finds and declares that Section 8 of the Open Public Meetings Act, Chapter 231, P.L. 1975, permits the exclusion of the public from a meeting in certain circumstances; and

WHEREAS, the Governing Body is of the opinion that such circumstances presently exist;

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Bloomingdale, County of Passaic, State of New Jersey, as follows:

1. The public shall be excluded from discussion of, and action upon, the hereinafter specified subject matter.

2. The general nature of the subject matter to be discussed is as follows:

13

3. The general nature of the subject matter to be discussed is as follows:

Attorney/Client Privilege – Discussion of Ordinance #5-3013

4. Minutes will be taken.

5. It is anticipated at this time that minutes of the above-referenced subject matter will be made public when it is in order to do so.

6. This Resolution shall take effect immediately.

Councilman Dellaripa seconded the motion, and it carried on voice vote.

(At this time, the Council went into Executive Session)

RECONVENED:

Council President D’Amato resumed the meeting at 8:34 p.m.

Borough Attorney stated that the Council discussed the position of a part-time Mayor vs. full-time Mayor and based on the information which was provided this evening by Ms. Huntley and the opinion which was rendered, he would like an opportunity to confer with Mr. McCabe and verify and he will relay back to the Council and give his recommendation.

Councilman Yazdi moved that a Special Meeting be held on Monday morning, January 28, 2013, at 8:30 a.m. to carry Ordinance #4-2013; #5-2013 and the Resolution authorizing Jonathan Dunleavy to assume the duties and responsibilities of the Mayor’s position on a full time basis.

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

Borough Attorney asked Ms. Huntley if she would provide him with the information he presented t his evening; and she gave him her notes.

INTRODUCTION OF NEW BUSIENSS

Hearing of Decision form Building Department on property maintenance; 6 West Buena Vista Way

At this time, a hearing was held on the violations issued by the Building Department on 6 West Buena Vista Way. Mr. Marletta, representing the owner, and Dan Hagberg, Construction Official was in attendance.

A slide presentation of pictures was presented and Mr. Hagberg outlined the violations.

Lengthy discussion as held in regard to the condition of the property and Mr. Marletta’s efforts to address them; he discussed financial problems and health issues which have deterred him.

The Building Inspector and Council came to a timeline which Mr. Marletta must address various violations and he will follow-up and advise the Governing Body as to the progress,; he will board up all openings within two weeks and if construction has not started by May 1 then he will post it as an unsafe structure; he will clean up the outside within two weeks.

Councilman D’Amato moved for this timeline and it was noted that if he has to come back before the Governing Body, he will have to notice the property owners; seconded by Councilman Yazdi and carried as per the following roll call: Council Members: Yazdi; Conklin; D’Amato; Dellaripa; Shortman and Sondermeyer all YES.

Adoption of Resolution #2013-1.33: Payment of bills

Councilman D’Amato offered the following Resolution and moved for its adoption:

14

RESOLUTION - #2013 –1.33OF THE GOVERNING BODY

OF THE BOROUGH OF BLOOMINGDALE

Authorizing Payment of Municipal Obligations

WHEREAS, the Governing Body (“Governing Body”) of the Borough of Bloomingdale (“Borough”) finds and declares that certain municipal obligations have come due and are now payable; and

WHEREAS, the Governing Body further finds and declares that said obligations have been itemized on the annexed schedules, which are hereby deemed part of this Resolution;

NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of Bloomingdale does hereby authorize payment of said municipal obligations, in accordance with the recommendations of the Chief Financial Officer and the Borough Treasurer, from the following accounts and in the following amounts:

BILLS LIST PREPAID LIST

CURRENT 2,752,784.95 CURRENT 443,968.59UTILITY 51,392.93 UTILITY 470,001.15CAPITAL 232,631.35 OPEN SPACE 00,000.00UTILITY CAPITAL 6,380.00 TRUST 0,000.00TRUST 6,755.80 RECYCLING 132.08DOG 576.09 DOG 973.68RECREATION 5,888.60 UNEMPLOY 187.30ROSE FUND 2,994.03 CAPITAL 00,000.00 RECYCLING 0,000.00 WATER CAPITAL 0,000.00 TOTAL 3,059,403.75 TOTAL 915,262.80

Councilman Dellaripa seconded the motion.

Councilwoman Shortman stated she will abstain as she did not look at the bill list until today.

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

Adoption of resolution #2013-1.34: Appointment of Tim Roberts as Interim Chief Financial Officer

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

RESOLUTION #2013-1.34OF THE GOVERNING BODY

OF THE BOROUGH OF BLOOMINGDALE

APPOINTING D. TIM ROBERTS AS CHIEF FINANCIAL OFFICER ON AN INTERIM BASIS

WHEREAS, the Borough of Bloomingdale has a need to appoint a Chief Financial

Officer (“CFO”) on an interim basis; and

WHEREAS, D. Tim Roberts has agreed to accept such appointment; and

WHEREAS, D. Tim Roberts meets the statutory qualifications to hold the position; and

15

WHEREAS, the appointment of D. Tim Roberts as Chief Financial Officer shall be at a

rate of $25,000 per year for the term February 1, 2013 through December 31, 2013; and

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

Borough of Bloomingdale, in the County of Passaic and State of New Jersey, that the

appointment of D. Tim Roberts as Chief Financial Officer of the Borough as described

hereinabove be and is hereby authorized.

BE IT FURTHER RESOLVED that a notice of this action shall be printed once in the

Borough’s legal newspaper.

Councilman D’Amato seconded the motion, and it carried as per the following roll call: Council Members: D’Amato; Dellaripa; Shortman; sondermeyer; Yazdi and Conklin all YES.

Introduction of Ordinance #6-2013: Authorizing position of Qualified Purchasing Agent

AN ORDINANCE OF THE BOROUGH OF BLOOMINGDALE, IN THE COUNTY OF PASSAIC AND STATE OF NEW JERSEY, REMOVING CHAPTER II, “ADMINISTRATION,” ARTICLE II, “BOROUGH ADMINISTRATOR,” SECTION 2-8.9, “PURCHASING,” OF THE CODE OF THE BOROUGH OF BLOOMINGDALE AND ADDING NEW CHAPTER II, “ADMINISTRATION,” ARTICLE IV, “BOROUGH OFFICERS AND EMPLOYEES,” SECTION 2-15, “QUALIFIED PURCHASING AGENT” TO CREATE AND APPOINT THE POSITION OF “QUALIFIED PURCHASING AGENT” OF THE BOROUGH OF BLOOMINGDALE was inttoduced by title by Cuncilman D’Amato who moved that second and final reading and public hearing be held on february 5 2013 at 7 p.m.

Councilwoman Shortman seconded the motion and it carried on voice vote.

Authorization of payment of $2,000 to the NJ State Health Plan

Councilman D’Amato moved to pay $2,000 to the NJ State Health Plan to obtain the Borough’s loss runs in order to test the market as to health plans; seconded by Councilman Sondermeyer and carried as per the following roll all: council Members: Dellaripa, YES; /Shortman, YES; Sondermeyer, YES; Yazdi, ABSTAIN; Conklin, YES and D’Amato, YES.

Authorization for a stipend of $2,900 to Michael Tabback of the Construction Office

Councilman Dellaripa moved that a stipend of $2900 be paid to Michael Tabback of the construction Office for additional duties in regard to inspections of Avalon Bay; seconded by Councilman Conklin and carried as per the following roll call: Council Members: Shortman; Sondermeyer; Yazdi; Conklin; D’Amato and Dellaripa all YES.

Introduction of Ordinance #7-2013: Amending in its entirety Bond Ordinance #17-2009

BOND ORDINANCE OF THE BOROUGH OF BLOOMINGDALE, IN THE COUNTY OF PASSAIC, NEW JERSEY, AMENDING IN ITS ENTIRETY BOND ORDINANCE NO. 17-2009 FINALLY ADOPTED OCTOBER 27, 2009 was introduced by title by Councilman D’Amato who moved that second and final reading and public hearing be held on February 5, 2013 at 7 p.m.; seconded by Councilman Dellaripa and carried as per the following roll call: Council Members: Sondermeyer; Yazdi; Conklin; D’Amato; Dellaripa and Shortman all YES.

Mayor Dunleavy noted that we will TABLE at this time introducing an ordinance in regard to requiring utilities to repave roads curb-to-curb when work is done.

16

Adoption of Resolution #2013-1.35: Authorizing contract with Action Data Services

Councilman D’Amato offered the following Resolution and moved for its adoption:

RESOLUTION #2013-1.35OF 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 Payroll Accounting Services

WHEREAS, the Borough of Bloomingdale has a need to appoint a Payroll Accounting Service as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4 as appropriate; 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, Action Data Services will provide payroll accounting services as sought by the Borough of Bloomingdale at the annual compensation not to exceed their proposal dated November 21, 2012 on file in the Clerk’s Office; and

WHEREAS, Action data Services 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 Action Data Services 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 Action Data Services 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.

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

Authorization for reimbursement for Hepatitis shots

Councilman Yazdi moved that authorization be given to reimburse DPW employees $410 for the Hepatitis series shots vaccine; seconded by Councilman D’Amato and carried as per the following roll call: Council Members: Conklin; D’Amato; Dellaripa; Shortman; Sondermeyer and Yazdi all YES.

Introduction of Ordinance #8-2013: Bergen Recreational Field Restroom Facilities Project

17

ORDINANCE APPROPRIATING A $99,000 GRANT EXPECTED TO BE RECEIVED FROM THE PASSAIC COUNTY OPEN SPACE AND FARMLAND PRESERVATION TRUST FUND TO PROVIDE FOR RENOVATIONS TO THE BERGEN RECREATIONAL FIELD RESTROOM FACILITY IN AND BY THE BOROUGH OF BLOOMINGDALE, NEW JERSEY was introduced by title by Councilman Yazdi who moved that second and final reading and public hearing be held on February 5, 2013 at 7 p.m.

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

Adoption of Resolution #2013-1.36: Transfer Resolution

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

RESOLUTION – No. 2013-1.36OF THE GOVERNING BODY

OF THE BOROUGH OF BLOOMINGDALE

RESOLUTION RE: Authorizing the Transfer of 2012propriations

WHEREAS, Title 40A:4-58 provides that should it become necessary during the last two months of the fiscal year to expend for any of the purposes specified in the budget an amount in excess of any respective sums appropriated therefore and there shall be an excess in any appropriation over and above the amount deemed to be necessary to fulfill the purpose of such appropriation, the Governing Body may by resolution setting forth the facts adopted by not less than 2/3 vote of the full membership thereof, transfer the amount of such excess of those appropriations deemed to be insufficient; and

WHEREAS, the Governing Body further finds and declares that the Treasurer has determined that the following transfers are both necessary and appropriate; and

NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the Borough of Bloomingdale that the Treasurer is hereby authorized to make the following transfers in the FY2012 Budget

FROM:UNIFORM CONSTR S/W

2-01-22-195-001-011

$ 4,000.00

TO:UNIFORM CONSTR O/E

2-01-22-195-001-051

$ 4,000.00

18

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

Adoption of Tax Office Resolutions #2013-1.37 through #2013-1.41

Councilman Yazdi offered the following Resolutions and moved for their adoption:

RESOLUTION #2013 -1.37OF THE GOVERNING BODY

OF THE BOROUGH OF BLOOMINGDALE

Authorizing Redemption/Refund of Tax Title Lien Payment Prior to Certificate being issued

WHEREAS, the Governing Body (“Governing Body”) of the Borough of Bloomingdale (“Borough”) finds and declares that, at the Borough Tax Sale held on December 28, 2012, a lien was sold on, 11 HILLSIDE DRIVE, BLOOMINGDALE, for delinquent year 2012 PROPERTY TAX, and

WHEREAS, the Governing Body further finds and declares that the foregoing property is also known as Block 50, Lot 37, owned by Richard & Daniel Johnson; and

WHEREAS, the Governing Body further finds and declares that the foregoing lien which was sold to STONEFIELD INVESTMENT FUND I, LLC with a premium of $2,200.00; and WHEREAS, the Governing Body further finds and declares that the owners, Richard & Daniel Johnson paid said amount the day of sale before certificates were issued, and

WHEREAS, the Governing Body further finds and declares that the owners, RICHARD & DANIEL JOHNSON 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 $ 1,160.31 for the payment refund, and $2,200.00 for premium be made payable to STONEFIELD INVESTMENT FUND I, LLC, 21 Robert Pitt Drive #202, Monsey, NY 10952 .

1099 = $ 0

RESOLUTION No. 2013-1.38OF THE GOVERNING BODY

OF THE BOROUGH OF BLOOMINGDALE

Authorizing Redemption and Cancellation of Tax Title Lien Certificate #10-00017

WHEREAS, the Governing Body (“Governing Body”) of the Borough of Bloomingdale (“Borough”) finds and declares that, at the Borough Tax Sale held on February 3, 2011, a lien was sold on, 114 KNOLLS ROAD, BLOOMINGDALE, for delinquent year 2010 WATER/SEWER/ELECTRIC, and

WHEREAS, the Governing Body further finds and declares that the foregoing property is also known as Block 73, Lot 24, owned by Kelley Dockx; and

19

WHEREAS, the Governing Body further finds and declares that the foregoing lien is known as Tax Title Lien Certificate (TTL) # 10-00017, which was sold to US BANK CUST FOR PRO CAPITAL I, LLC with a premium of $500.00; and WHEREAS, the Governing Body further finds and declares that the CORELOGIC TAX SERVICES has requested redemption of TTL # 10-00017, and

WHEREAS, the Governing Body further finds and declares that CORELOGIC TAX SERVICES has paid all monies due on TTL #10-00017, including supporting affidavits from the lien holder and current taxes, 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 $ 2146.96 for the lien redemption, and $500.00 for premium be made payable to US BANK CUST FOR PRO CAPITAL I, LLC, 50 SOUTH 16TH STREET, SUITE 1950, PHILADELPHIA, PA 19102 for the redemption and cancellation of Tax Title Lien Certificate # 10-00017.

1099 = $ 137.57

RESOLUTION #2013 -1.39OF THE GOVERNING BODY

OF THE BOROUGH OF BLOOMINGDALE

Authorizing Redemption and Cancellation of Tax Title Lien Certificate #090020

WHEREAS, the Governing Body (“Governing Body”) of the Borough of Bloomingdale (“Borough”) finds and declares that, at the Borough Tax Sale held on July 29, 2010, a lien was sold on, Lake Iosco/58 West Shore Drive, for delinquent year 2009 taxes, and

WHEREAS, the Governing Body further finds and declares that the foregoing property is also known as Block 87.01, Lot 14, owned by Ronald Ardres; and

WHEREAS, the Governing Body further finds and declares that the foregoing lien is known as Tax Title Lien Certificate (TTL) # 090020, which was sold to ROYAL TAX LIEN SERVICES, LLC at an interest rate of 18%; and WHEREAS, the Governing Body further finds and declares that, CORELOGIC TAX SERVICES has requested redemption of TTL # 090020, and

WHEREAS, the Governing Body further finds and declares that, CORELOGIC TAX SERVICES has paid all monies due on TTL #090020, including supporting affidavits from the lien holder and current taxes, 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 a checks in the amount of $22,533.87 for the lien redemption payable to ROYAL TAX LIEN SERVICES, LLC, 115 West Avenue, Suite 300, Jenkintown, PA 19046 for the redemption and cancellation of Tax Title Lien Certificate #090020.

1099 = $4814.45

RESOLUTION #2013-1.40 OF THE GOVERNING BODY

OF THE BOROUGH OF BLOOMINGDALE

Authorizing Redemption and Cancellation of Tax Title Lien Certificate #10-00020

WHEREAS, the Governing Body (“Governing Body”) of the Borough of Bloomingdale (“Borough”) finds and declares that, at the Borough Tax Sale held on February 3, 2011, a lien was sold on, 133 MAIN STREET, BLOOMINGDALE, for delinquent year 2010 taxes, and

20

WHEREAS, the Governing Body further finds and declares that the foregoing property is also known as Block 60.01 Lot 34, owned by FREDERICK & NANCY SOULE; and

WHEREAS, the Governing Body further finds and declares that the foregoing lien is known as Tax Title Lien Certificate (TTL) # 10-00020, which was sold to FNA JERSEY LIEN SERVICES, LLC at a premium of $300.00; and

WHEREAS, the Governing Body further finds and declares that the owners, FREDERICK & NANCY SOULE have requested redemption of TTL # 10-00020; and

WHEREAS, the Governing Body further finds and declares that FREDERICK & NANCY SOULE, have paid all monies due on TTL # 10-00020, including supporting affidavits from the lien holder and current taxes, 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 $985.73 for the lien redemption, and $300.00 for the premium to FNA JERSEY LIEN SERVICES, LLC, P.O. Box 1030, Brick, NJ 08723 for the redemption and cancellation of Tax Title Lien Certificate # 10-00020.

1099 = $ 87.85

RESOLUTION No. 2013-1.41OF THE GOVERNING BODY

OF THE BOROUGH OF BLOOMINGDALE

Authorizing Redemption and Cancellation of Tax Title Lien Certificate #12-00003

WHEREAS, the Governing Body (“Governing Body”) of the Borough of Bloomingdale (“Borough”) finds and declares that, at the Borough Tax Sale held on February 3, 2011, a lien was sold on, 37 KNOLLS ROAD, BLOOMINGDALE, for delinquent year 2012 taxes, and

WHEREAS, the Governing Body further finds and declares that the foregoing property is also known as Block 68.01 Lot 18, owned by John Kuhn; and

WHEREAS, the Governing Body further finds and declares that the foregoing lien is known as Tax Title Lien Certificate (TTL) # 12-00003, which was sold to STONEFIELD INVESTMENT FUND I, LLC at a premium of $2,300.00; and

WHEREAS, the Governing Body further finds and declares that the owner, JOHN KUHN has requested redemption of TTL # 12-00003; and

WHEREAS, the Governing Body further finds and declares that JOHN KUHN, has paid all monies due on TTL # 12-00003, including supporting affidavits from the lien holder and current taxes, 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 $2,474.31 for the lien redemption, and $2,300.00 for the premium to STONEFIELD INVESTMENT FUND I, LLC, 21, Robert Pitt Drive #202, Monsey, NY 10952 for the redemption & cancellation of Tax Title Lien Certificate # 12-00003.

1099 = $ 48.52

Councilman Sondermeyer seconded the motion and it carried as per the following roll call: Council Members: Shortman; Sondermeyer; Yazdi; Conklin; D’Amato and Dellaripa.

Discussion in regard to purchasing new vehicles

21

Mayor Dunleavy discussed purchasing two used vehicles for the Construction from the Borough of Butler for $3,600. Our mechanics have checked them out and feel they are a good deal. We will revisit vehicles for the Fire department shortly.

Councilman Yazdi moved to approve the purchase of the two Crown Victoria’s from the Borough of Butler for a total of $3,600; seconded by Councilman D’Amato.

Discussion followed in regard to a regular plan to replace our vehicles on a regular basis; we met with DPW yesterday and requested a five year replacement plan.

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

Introduction of Ordinance #9-2013: Soil/Mulch Ordinance

AN ORDINANCE OF THE BOROUGH OF BLOOMINGDALE, IN THE COUNTY OF PASSAIC AND STATE OF NEW JERSEY, AMENDING CHAPTER 4, GENERAL LICENSING, SECTION 4-4, SOIL/MULCH DELIVERY PERMITS OF "THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF BLOOMINGDALE, 2000” TO REVISE SECTION 4-4.3, “DELIVERY LOCATION” was introduced by title by Councilman Yazdi who moved that second and final reading and public hearing be held on February 5, 2013 at 7 p.m.

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

Adoption of Resolution #2013-1.42: Approving proposal from James P. Cutillo for new restroom facility at the Walter T. Bergen School.

Councilman Yazdi offered t he following Resolution and moved for its adoption:

RESOLUTION #2013-1.42OF 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 Architects and Planners for Architectural Services

WHEREAS, the Borough of Bloomingdale has a need to appoint a Architect 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, James P. Cuttillo and Associates, Architects and Planners will provide architect services for the new restroom facility at the Walter T. Bergen School as sought by the Borough of Bloomingdale at the annual compensation not to exceed 6,000; and

WHEREAS, James P. Cuttillo and Associates, Architects and Planners 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 James P. Cuttillo and Associates, Architects and Planners from making any reportable contributions through the term of the contract; and

22

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 James P. Cuttillo and Associates, Architects and Planners 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 FURTHER RESOLVED that a notice of this action shall be printed once in the Borough’s legal newspaper.

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

Authorization for Information Session on the Riverwalk

Councilman D’Amato moved that a Special Meeting be held on February 7, 2013 at 7 p.m. in the council chambers of the municipal building in regard to the Riverwalk; seconded y Councilwoman Shortman and carried on voice vote.

Authorization for Public Meeting on February 26, 2013 in regard to Rafkidn Road

Councilman Yazdi move that a Special Meeting be held on February 26, 2013 at 7 p.m. in the council chambers of the Municipal Building in regard to Rafkind Road curs and sidewalks; seconded by Councilwoman Shortman and carried on voice vote.

NON AGENDA ITEMS

Authorization to waive permit and zoning fees

Councilman Yazdi moved to waive the permit and zoning fees for 58 South Road for a ramp for a handicapped child; seconded by Councilman Sondermeyer and carried on voice vote.

Authorization for approval of Interlocal Agreement with Livingston Board of Education

Councilman moved that approval be given for an Interlocal Agreement with the Livingston Board of Education and the Construction Office for site plan review; seconded by Councilwoman Shortman and carried as per the following roll call: Council Members: D’Amato; Dellaripa; Shortman; Sondermeyer; Yazdi and Conklin all YES.

Authorization for Public Hearing on DeLazier Field Bleachers

Councilman Yazdi moved that a Public Haring be held on February 5, 2013 at 7 p.m. in regard to a Public Hearing on the Passaic County Open Space and Farmland Preservation Trust Fund for repair of the bleachers at DeLazier Field with the property owners with 200 ‘; seconded by Councilman Dunleavy and carried on voice vote..

Adoption of resolution #2013-1.43: Hiring of Sandy Caparotta

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

23

Resolution No. 2013-1.43Of the Governing Body

Of the Borough of Bloomingdale

Personnel AppointmentSandy Caparotta, Secretary, Police Department

WHEREAS, the position of part-time Secretary in the Police Department – was vacated due to resignation of Sandy Caparotta on February 1, 2013; and

WHEREAS, the Police Chief and the Governing Body have deemed it necessary to fill this position; and

WHEREAS, Sandy Caparotta has applied for and is qualified to fill said position; and

WHEREAS, the Police Chief and the Governing Body recommend appointment of Sandy Caparotta to the position of part-time Secretary – Police Department; and

NOW THEREFORE BE IT RESOLVED, by the Governing Body of the Borough of Bloomingdale that Sandy Caparotta be appointed to the position of part-time Secretary – Police Department effective February 1, 2013, for fifteen (15) hours per week at an annual salary of $15,000.

Councilwoman Shortman seconded the motion and it carried on voice vote.

Introduction of Ordinance #10-2013: Towing Ordinance

AN ORDINANCE AMENDING THE BOROUGH’S TOWING ORDINANCE was introduced by title by Councilman Yazdi who moved that second and final reading and public hearing be held on February 19, 2013 at 7 p.m.

Councilman Conklin seconded the motion, and it carried as per the following roll all: Council Members: Dellaripa; Shortman; Sondermeyer; Yazdi; Conklin and D’Amato all YES.

LATE PUBLIC COMMENT

Councilman Conklin moved that the meeting be open to Late Public Comment; seconded by Councilman Yazdi and carried on voice vote.

Bill Steensta, 102 Cook Court, suggested that the Planning Board be invited to the Riverwalk Meeting and jointly advertise the meeting.

Mayor Dunleavy stated that we will do that.

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

(At this time, the Mayor and Council resumed the Executive Session)

RECONVENED

Mayor Dunleavy reconvened the meeting at 11:28 p.m.

Authorization for Interlocal Agreement with Borough of Kinnelon for Mechanic Services

Councilman Yazdi moved for the approval of an Interlocal agreement with the Borough of Kinnelon for Interlocal services for one year; seconded by Councilman Dellaripa and carried as per the following roll call: Council Members: /Shortman; sondermeyer; Yazdi; Conklin; D’Amato and Dellaripa all YES.

24

Adjournment

Since there was no further business to be conducted, Councilman D’Amato moved to adjourn at11:27 p.m.; seconded by Councilwoman Shortman and carried on voice vote.

Jane McCarthy, RMCMunicipal Clerk

25