borough of caldwell new jersey6bac054f... · 3.04.2018 · 3-77: authorizing the establishment of...

BOROUGHOFCALDWELLNEWJERSEY

COUNCILBUSINESS MEETING April 3, 2018

CaldwellCouncil Chambers1ProvostSquare

Caldwell,NewJersey070067:00pm

Council Chambers 1 Provost Square Caldwell, NJ April 3, 2018 / 7:00PM

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MAYOR Ann Dassing

BOROUGH COUNCIL

Richard Hauser - President Thomas O’Donnell Pasquale Capozzoli

Francis Rodgers Jonathan Lace

Henderson Cole

Borough of Caldwell Council Business Meeting

AGENDA

Phone: (973) 226-6100 Website: www.caldwell-nj.com

CALL TO ORDER Honorable Ann Dassing, Mayor of the Borough of Caldwell Presiding Roll Call Statement of Compliance w/ Open Public Meetings Act Pledge of Allegiance to the Flag APPROVAL OF MINUTES

March 20, 2018

PRESENTATION

1. Ann Marchioni, Environmental Commission/Garden Sign

INTRODUCTION OF ORDINANCES ORDINANCE #1348-18: AN ORDINANCE AMENDING CHAPTER 250 OF THE CODE OF THE BOROUGH OF CALDWELL, BEING THE CHAPTER TITLED ZONING, BY DESIGNATING A CERTAIN PROPERTY IN THE BOROUGH OF CALDWELL AS AN HISTORIC SITE PURSUANT TO CHAPTER 130 OF THE BOROUGH CODE ORDINANCE # 1349-18: AN ORDINANCE AMENDING CHAPTER 130 OF THE BOROUGH OF CALDWELL ENTITLED “HISTORIC PRESERVATION” TO ADD SECTION 130-13, ENTITLED “HISTORIC SITES AND DISTRICTS” ORDINANCE # 1350-18: AN ORDINANCE AMENDING THE ZONING MAP AS IDENTIFIED WITHIN CHAPTER 250, SECTION 5 OF THE CODE OF THE BOROUGH OF CALDWELL ENTITLED “ZONING ORDINANCE OF THE BOROUGH OF CALDWELL” TO DESIGNATE THE PROPERTY AND THE STRUCTURE ON THE PROPERTY IDENTIFIED ON THE CALDWELL TAX MAPS AS BLOCK 70, LOT 1 AND THE PROPERTY AND THE STRUCTURE ON THE PROPERTY IDENTIFIED ON THE CALDWELL TAX MAPS AS BLOCK 56, LOT 10.01 AS HISTORIC SITES IN ACCORDANCE WITH CHAPTER 130 OF THE BOROUGH CODE PUBLIC HEARING AND ADOPTION OF ORDINANCES ORDINANCE #1345-18: AN ORDINANCE AMENDING CHAPTER 230 SECTION 21 OF THE CODE OF THE BOROUGH OF CALDWELL, BEING THE SECTION ENTITLED, “PERMIT PARKING SPACES” IN MUNICIPAL LOTS ORDINANCE #1346-18: AN ORDINANCE AMENDING CHAPTER 41 SECTION 41-41 OF THE CODE OF THE BOROUGH OF CALDWELL, BEING THE SECTION ENTITLED “OUTSIDE EMPLOYMENT OF POLICE OFFICERS” ORDINANCE #1347-18: AN ORDINANCE AMENDING CHAPTER 230, TRAFFIC AND VEHICLES, SECTION 230-62 SCHEDULE VIII OF THE BOROUGH CODE ENTITLED, “STOP INTERSECTIONS”


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MAYOR Ann Dassing

BOROUGH COUNCIL



Henderson Cole


AGENDA


OPEN PUBLIC COMMENTS ON RESOLUTIONS

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

RESOLUTIONS - CONSENT AGENDA

All items listed on the Consent Agenda are considered to be routine and will be acted upon by a single motion. There will be no separate discussion of these items unless members of the Council request specific items to be removed for separate action.

4-88 AUTHORIZING THE APPOINTMENT OF MCMANIMON & SCOTLAND, L.L.C FOR SPECIAL BOND COUNSEL PROJECTS FOR THE BOROUGH OF CALDWELL

4-89 AUTHORIZING THE LIEN REDEMPTION OF CERTIFICATE #17-00010, Block 41.01, Lot 19, 39 PROSPECT STREET, CALDWELL, NJ 07006

4-90 AUTHORIZING THE ISSUANCE OF A PERMIT FOR PEDDLER LICENSE OR IN ACCORDANCE WITH APPLICATION FILED. APPLICANT AND APPLICATION HAS BEEN APPROVED BY THE POLICE DEPARTMENT AND THE BOROUGH CLERK’S OFFICE – The Towne Scoop

4-91 AUTHORIZING THE ISSUING OF LICENSE FOR RAFFLE. APPLICANT AND APPLICATION HAVE BEEN APPROVED BY THE CLERK’S OFFICE – HSA Trinity Academy – Off Premise/ 50/50 Raffle – May 17, 2018 - 7:00PM

4-92 AUTHORIZING THE ISSUANCE OF LICENSE FOR MOTOR VEHICLE LOT LICENSE IN ACCORDANCE WITH APPLICATION FILED. APPLICANT AND APPLICATION HAS BEEN APPROVED BY THE POLICE, CONSTRUCTION DEPARTMENT AND THE BOROUGH CLERK’S OFFICE – Amer Choudhry, 95 Bloomfield Avenue, Caldwell

4-93 AUTHORIZING PAYMENT OF BILLS AND THE ISSUANCE OF CHECKS FOR THE PERIOD THROUGH APRIL 3, 2018 FOR 2018/2017 BILLS IN THE TOTAL AMOUNT OF $3,201,748.12

4-94 RESOLUTION DESIGNATING BLOCK 70, LOT 8, THE PROPERTY COMMONLY KNOWN AS 21 KNOLLWOOD TERRACE, CALDWELL NEW JERSEY AS A HISTORIC SITE

RESOLUTIONS – FOR CONSIDERATION

4-95 RESOLUTION REVISING THE ORDER OF BUSINESS AT BOROUGH COUNCIL BUSINESS MEETINGS

REPORT OF MAYOR Mayor Dassing 1. Social Media Policy


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MAYOR Ann Dassing

BOROUGH COUNCIL



Henderson Cole


AGENDA


REPORT OF BOROUGH ADMINISTRATOR Paul M. Carelli REPORT OF BOROUGH ATTORNEY Greg Mascera REPORT OF COUNTY LIAISON Patricia Keenan OPEN PUBLIC MEETING

Members of the public are invited to comment at this time on any issues, whether or not on the agenda EXECUTIVE SESSION Closed Session

BE IT HEREBY RESOLVED in accordance with the provisions of N.J.S.A. 10:12 and 13, the public shall be excluded from the Executive Session of the Governing Body which is being held for the discussion of the following subject matters: 1. Pending or anticipated litigation or contract negotiation; 2. Personnel matters; 3. This Executive Session shall continue for an indefinite period of time and upon termination of the Executive Session, the Governing Body may choose to resume the public portion of the meeting. The discussion, which shall be conducted in closed session, shall be disclosed upon termination of litigation or contractual matter, upon resolution of the personnel matter with consent of said person or persons and as provided by N.J.S.A. 4-12 but in no case later than two (2) years from this date. These minutes shall be available as soon as the matter is resolved or not later than two years hence.

ADJOURNMENT Additional items may be added to this agenda. Final action may be taken on all matters listed or added to this agenda. This agenda was prepared as of 3/30/2018 with all available information as of this date. This agenda has been sent to four official newspapers of the Borough on 3/30/2018 in compliance with P. L. 1975, c 213 Lisa O’Neill, Deputy Clerk

BOROUGH OF CALDWELL COUNCIL BUSINESS/CONFERENCE MEETING

MINUTES – March 20, 2018

Page 1 of 4 The council Business meeting of the Borough Council of the Borough of Caldwell was called to order in the Council Chambers at 7:03PM. PRESENT: Mayor Dassing, Council President Hauser, Councilman O’Donnell, Capozzoli,

Rodgers, Lace & Cole ALSO PRESENT: Deputy Clerk, Lisa O’Neill, Borough Administrator, Paul Carelli & Borough Attorney, Greg Mascera Adequate notice of this Council Business/Conference meeting was given on January 1, 2018. Notice was posted on the bulletin board on the first floor of the Borough Hall, One Provost Square, Caldwell, New Jersey. Official newspapers of the Borough were notified of this meeting by mail. Notice was posted and all persons requesting notice were sent same. PLEDGE OF ALLIGENCE APPROVAL OF MINUTES: March 6, 2018 Moved by Councilman Capozzoli, seconded by Councilman Lace. No Discussion. On roll call, all voted in the affirmative. Councilman Capozzoli abstained. Minutes approved 03/20/18. INTRODUCTION OF ORDINANCES ORDINANCE #1342-18: AN ORDINANCE TO AMEND CHAPTER 7, ARTICLE V, BEING THE CHAPTER TITLED “ENVIRONMENTAL COMMISSION” OF THE CODE OF THE BOROUGH OF CALDWELL Moved by Council President Hauser, seconded by Councilman Cole. No Discussion. On roll call, all voted in the affirmative. Ordinance Introduced 03/20/18. ORDINANCE #1343-18: AN ORDINANCE TO REPEAL CHAPTER 7, ARTICLE V, BEING THE CHAPTER TITLED “OPEN SPACE TRUST COMMITTEE” OF THE CODE OF THE BOROUGH OF CALDWELL Moved by Council President Hauser, seconded by Councilman Lace. No Discussion. On roll call, all voted in the affirmative. Ordinance Introduced 03/20/18. ORDINANCE #1344-18: AN ORDINANCE CREATING CHAPTER 34 OF THE CODE OF THE BOROUGH OF CALDWELL, BEING A CHAPTER AUTHORIZING THE CONTINUATION OF THE OPEN SPACE TRUST FUND Moved by Council President Hauser, seconded by Councilman Capozzoli. No Discussion. On roll call, all voted in the affirmative. Ordinance Introduced 03/20/18. OPEN PUBLIC COMMENTS ON RESOLUTIONS Moved by Councilman Cole, seconded by Councilman Lace, open meeting to the Public. RESOLUTIONS – CONSENT AGENDA 3-77: AUTHORIZING THE ESTABLISHMENT OF CALDWELL COMMUNITY CENTER MEMBERSHIP RATES FOR 2018 EFFECTIVE APRIL 1, 2018 – DECEMBER 31, 2018 3-78: RESOLUTION AWARDING A CONTRACT TO R&D TRUCKING, 1874 ROUTE 23 NORTH, WEST MILFORD, NJ 07480 FOR BIO SOLIDS HAULING AND DISPOSAL AT THE CALDWELL WASTEWATER TREATMENT PLANT 3-79: RESOLUTION AWARDING A CONTRACT TO WUESTCO WASTE SOLUTIONS LLC, 381 DOVER CHESTER ROAD, RANDOLPH, NJ 07869 FOR GRITS/SCREENINGS HAULING AND DISPOSAL AT THE CALDWELL WASTEWATER TREATMENT PLANT 3-80: AUTHORIZING PAYMENT OF BILLS AND THE ISSUANCE OF CHECKS FOR THE PERIOD THROUGH FEBRUARY 6, 2018 FOR 2018/2017 BILLS IN THE TOTAL AMOUNT OF $753,271.87



Page 2 of 4 3-81: RESOLUTION AUTHORIZING 2018 APPROPRIATION RESERVE TRANSFERS 3-82: AUTHORIZING THE BOROUGH ADMINISTRATOR TO SUBMIT THE ANNUAL RECYLCING TONNAGE REPORT TO THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE PERIOD JANUARY 1, 2017 THROUGH DECEMBER 31, 2017 3-83: AUTHORIZING THE ISSUING OF LICENSE FOR RAFFLE. APPLICANT AND APPLICATION HAVE BEEN APPROVED BY THE CLERK’S OFFICE – Rotary/Kiwanis Caldwell Street Fair, Inc. – Off Premise/ 50/50 Raffle – October 7, 2018 - 11:00AM – 5:00PM 3-84: AUTHORIZING THE LIEN REDEMPTION OF CERTIFICATE #17-00001, Block 2, Lot 10.02, 11 ERWIN PLACE, CALDWELL, NJ 07006 3-85: AUTHORIZING THE LIEN REDEMPTION OF CERTIFICATE #17-00012, Block 57, Lot 7, 16 PARKWAY EAST, CALDWELL, NJ 07006 3-86: AUTHORIZING THE LIEN REDEMPTION OF CERTIFICATE #17-00014, Block 65, Lot 1.17, 17 FELLS MANOR ROAD, CALDWELL, NJ 07006 3-87: RESOLUTION FOR GOVERNOR’S COUNCIL ON ALCOHOLISM AND DRUG ABUSE FISCAL GRANT CYCLE JULY 2014 TO JUNE 2019 CONSENT Moved by Councilman Capozzoli, seconded by Councilman Rodgers. Discussions Ensued. On roll call, all voted in the affirmative. Resolutions approved 3/20/18. COUNCIL COMMITTEE REPORTS: Councilman Lace reported on his meeting with the Environmental Commission and they are finalizing plans for author Doug Tallamy’s visit on May 12th. James Conti from Troop #6 discussed an Eagle Scout project that would involve trails at the pollinator garden. There is a need to update the Open Space portion of the Master Plan. The Commission would like to post notification of its meetings on the bulletin board and the Progress. They also met with James Caldwell High School Ecology Club to discuss various Environmental initiatives. The Commission is in favor of the ordinance that would give the Environmental Commission powers of the Open Space Trust Committee and they would like the ordinance amended to include the membership of the Borough Administrator or a designee to attend the meetings annually. In order to help meet requirements for additional certification points from Sustainable Jersey the Commission would like to move the Open Public Portion near the beginning of the Council meetings. Councilman Cole reported that this is his first snow storm as being the liaison for the Public works. He did appreciate the great efforts that Mario and the DPW did. Also, the Police, Fire Department and the West Essex First Aid Squad all contributed during the last snow storm dealing with emergency situations where these streets were difficult to pass. He did visit areas where there were issues with inability to clear the streets. There were situations where a wire was across the street and he could understand why DPW was not able to plow the streets. Also, there were trees in a street causing a dangerous situation for plowing. He would like to work with the DPW to come up with an approach at least the communication of why certain streets were unable to be plowed, would be done better. He feels technology has the opportunity to improve the communication. Councilman Hauser responded that he appreciates what Councilman Cole is saying and his attempt and communication is great. A big part of this is residents need to have patience as well and understand that there are many things that are professional staff is dealing with that we don’t even know about. Whether it’s the DPW, Police Chief, the manager of OEM that all the variables that are going on can be dealt with and communicated in the heat of an emergency. There were vehicles stuck on the roads and it was deemed an unsafe condition and so much going on and he asked that the residents have patience during these critical situations. Councilman Lace asked about the notice from the DPW today that residents should not put branch piles out on the street. If any residents already have branch piles out on the street that were remaining from the last storm what should they do about that. Councilman Cole responded that he will have to follow up with Mario. REPORT OF MAYOR Mayor Dassing thanked all of the departments for the wonderful work that was done during that horrific storm to agree with what Councilman Hauser said for residents to please have patience if



Page 3 of 4 there is an emergency 911 is available and they will get to you. What we have learned after this storm is that a lot of the times Mario and his crew were plowing streets to get to people that were stuck in the middle of the road that should have never been out. Thank you to our Police that were first on the scene always and reporting road conditions back to us and I know you were hammered by wires down and falling trees and everything else and we appreciate your bravery and certainly to our fire and DPW crew forever present. Councilman Hauser responded that the Fire and the Police Chief commented that one of the biggest problems that they entailed were people that were out on the roads walking around and driving around when they were being asked to stay off the roads. There were a number of situations where people were stranded and it was an unsafe condition. Mayor Dassing continued the Borough has received the grant money that we applied for two years ago we have received $491,145 for improvements to the Oval. This will be used to pay for some of the costs that remain on the Oval. REPORT OF BOROUGH ADMINISTRATOR: Paul Carelli reported:

• The two resolutions that were passed tonight awarding the contracts that we went out to bid for the Caldwell Waste Water Treatment Plant. One being the Grits and screening and the low bidder was Wuestco Solutions, LLC and this will save the Borough about $23,000 a year. The second part was hauling the Sludge and this one will save the Borough about $67,000 a year.

• In a related issue at the sewer plant there was an odor issue two weeks ago. While he was home sick he had the pleasure of the County Executive call him and express his dissatisfaction with an odor smell. Paul contacted Mott McDonald and it was a faulty filter that is being repaired.

• He had the first budget meeting this evening and things are progressing and he should have something for the rest of the Council shortly to review.

• Rosemarie Sutherlin started at the Community Center and she has hit the ground running and made a lot of changes already and he feels that we will see good results with her she is looking at everything. One of the initiatives with her and the committee is we want to transform the Community Center back into a facility that is geared towards family.

• He posted on Channel 35, the website and on nixle that bulk pickup has been cancelled for tomorrow. There will be a pickup next Wednesday, March 28th.

• There was discussion on Recycling and when there is no pickup will Cali be picking it up on another day.

Councilman Lace asked Paul about the last snow storm and residents were wondering why the Community Center didn’t have power and Paul responded that we rented a Generator for emergency purposes and it worked great. It powered up the Fire House, this facility and the lights of the Community Center. It doesn’t give full power to the pool or heating so we are evaluating that now. The Generator that we have is a 125KW we could purchase one like that and get a second one for the Community Center. Our OEM Director has put in a grant for a generator and we are waiting to hear. At this point Paul recommends that we continue to rent this generator. Discussion Ensued. OPEN PUBLIC MEETING: Moved by Councilman Lace, seconded by Councilman Capozzoli to open meeting to the Public. Tom Intili, 19 Grover Lane spoke about the Grover Lane traffic. Resident concerns about Police merge. Eleni Christoforou, 27 Gould Place Keri Moran, 254 Bloomfield Avenue Dale, 254 Bloomfield Avenue Gary Condit, 14 Hatfield Street Scott Condit, 14 Hatfield Street Councilman Lace reported that he received an email from Nicholas DeVecchis from NJAW that confirmed American Water’s membership in the Marcellus Shale Coalition, which is a fracking advocacy group. The email also highlighted NJAW strong environmental record here in NJ. With the Permission from the Mayor and Councilman Capozzoli he reached out to the Essex County



Page 4 of 4 Freeholders about the possibility of having 2 additional crosswalks installed; one on Bloomfield and Gould and one on Central and Wakefield Place. That request will be reviewed by a county engineer. I believe crosswalks at these locations would improve pedestrian safety. He commended Deputy First Class Blaine Gaskill from Great Mills High School in Maryland for his quick response to today’s school shooting. He no doubt prevented additional injury and/or fatalities. Perhaps an officer at each of our schools could be part of a shared services agreement. He commended those marching this Saturday all over New Jersey in the March for Our Lives event. Councilman Lace thanked Alice Gibson and the Grover Cleveland Birthplace Memorial Association for inviting him to speak at the 181st birthday celebration of the 22nd and 24th President. It was a well-attended event that hopefully can be held in a new visitor’s center in the very near future. On a motion made by Councilman O’Donnell, seconded by Councilman Rodgers unanimously affirmed, the Council moved into Executive Session at 7:57P.M. Mayor Dassing read the following statement: BE IT HEREBY RESOLVED in accordance with the provisions of N.J.S.A. 10:12 and 13, the public shall be excluded from the Executive Session of the Governing Body which is being held for the discussion of the following subject matters: 1. Pending or anticipated litigation or contract negotiation; 2. Personnel matters; 3. This Executive Session shall continue for an indefinite period of time and upon termination of the Executive Session, the Governing Body may choose to resume the public portion of the meeting. The discussion, which shall be conducted in closed session, shall be disclosed upon termination of litigation or contractual matter, upon resolution of the personnel matter with consent of said person or persons and as provided by N.J.S.A. 4-12 but in no case later than two (2) years from this date. These minutes shall be available as soon as the matter is resolved or not later than two years hence. The Executive Session will be discussion of update on Geary vs Caldwell and Marinaro vs Caldwell litigation. The Executive Session was adjourned and upon a motion by Councilman Capozzoli seconded by Councilman Lace the Council Business Conference Meeting was opened to the public and the press at 8:23PM. There being no additional business to be conducted a motion to adjourn the meeting was made by Councilman Lace, seconded by Council President Hauser unanimously affirmed by all members present, the meeting was adjourned at 8:23PM. Prepared by: ___________________ _ ____________ Lisa O’Neill, Deputy Borough Clerk DATE

BOROUGH OF CALDWELL NEW JERSEY

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ORDINANCE# 1348-18

AN ORDINANCE AMENDING CHAPTER 250 OF THE CODE OF THE BOROUGH OF CALDWELL, BEING THE CHAPTER TITLED ZONING, BY DESIGNATING A CERTAIN PROPERTY IN THE BOROUGH OF CALDWELL AS AN HISTORIC SITE PURSUANT TO CHAPTER 130 OF THE BOROUGH CODE Chapter 130 of the Borough Code establishes a Historic Preservation Commission to serve the Borough by providing a method by which to locate and identify historical sites within the Borough of Caldwell; and Ordinance section 130-8 provides, inter alia, that the Historic Preservation Commission shall have the authority to identify and recommend for historic designation buildings and structures of particular historic, cultural , scenic or architectural significance to the Borough; and Ordinance section 130-8 provides that The Historic Preservation Commission may initiate the identification of a potential historic site; and Ordinance section 130-8 further provides that if the owner of a property determined by the Historic Preservation Commission to be worthy of historic designation consents in writing to such designation, then the Historic Preservation Commission shall forward its recommendation and the written consent of the such property owner to the Mayor and Council; and Ordinance section 130-8 further provides that the Mayor and Council, upon receipt of a recommendation of the Historic Preservation Commission and the written consent of the property owner, may consider such property recommended to be designated as a historic site to be classified as a historic site; and The Historic Preservation Commission has recommended that the building on the property identified on the Borough Tax Maps as Block 70, Lot 1, and more commonly known as “Knollwood” having an address of 21 Knollwood Terrace, Caldwell, New Jersey be designated as a Historic Site; and Alexandra and Gregory Confessore, the owners of the property identified on the Borough Tax Maps as Block 70, Lot 1, and more commonly known as “Knollwood” having an address of 21 KNOLLWOOD TERRACE, Caldwell, New Jersey, consented in writing to the historical designation of the property. BE IT ORDAINED by the Council of the Borough of Caldwell that Chapter 250 of the Code of the Borough of Caldwell, the Chapter titled Zoning is modified as herein set forth: 1. Chapter 250, the Chapter governing zoning is amended as follows: I. The Schedule of Area, Yard and Building Requirements in amended by adding a footnote to provide:

Block 70 Lot 1 , within the RA Zone, has been designated as a historical site and as such is regulated by the terms set forth in Chapter 130 of the Caldwell Code and shall be entitled to all of the protections and regulations established by said Chapter.

2. All Ordinances of the Borough of Caldwell which are inconsistent with the provisions of this Ordinance are hereby repealed to the extent of such inconsistency.

3. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this Ordinance.

4. This Ordinance shall take effect upon final passage, approval and publication, and upon the effective date of the enabling ordinance allowing the action contemplated by this Ordinance.


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DATE OF FIRST READING: April 3, 2018 DATE OF SECOND READING: May 8, 2018 DATE OF PUBLICATION: April 12, 2018 DATE OF ADOPTION: May 8, 2018 MOVED: MOVED: SECONDED: SECONDED:

RECORD OF COUNCIL VOTE

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

Hauser

Rodgers

O’Donnell

Cole

Capozzoli

Lace

______________________________ ___________________________________ Lisa O’Neill, Deputy Clerk Ann Dassing, Mayor This ordinance, when adopted, must remain in the possession of the Municipal Clerk. Certified copies are available.


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ORDINANCE# 1349-18

AN ORDINANCE AMENDING CHAPTER 130 OF THE CODE OF THE BOROUGH OF CALDWELL ENTITLED “HISTORIC PRESERVATION” TO ADD SECTION 130-13, ENTITLED “HISTORIC PROPERTIES AND DISTRICTS” NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Caldwell as follows:

Chapter 130 of the Borough Code is amended by adding Section 130-13 as follows:

Section 130-13 “Historic Sites and Districts”

The following properties shall be designated as Historic Sites within the Borough of Caldwell:

Block 70, Lot 1, commonly known as 21 Knollwood Terrace with the historic name “Knollwood”

Block 56, Lot 10.01 commonly known as 268 Bloomfield Avenue, the Caldwell Public Library.



4. This Ordinance shall take effect upon final passage, approval and publication, and upon the effective date of the enabling ordinance allowing the action contemplated by this Ordinance.

DATE OF FIRST READING: April 3, 2018 DATE OF SECOND READING: May 8, 2018 DATE OF PUBLICATION: April 12, 2018 DATE OF ADOPTION: May 8, 2018 MOVED: MOVED: SECONDED: SECONDED:



Hauser

Rodgers

O’Donnell

Cole

Capozzoli

Lace



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ORDINANCE# 1350-18

AN ORDINANCE AMENDING THE ZONING MAP AS IDENTIED WITHIN CHAPTER 250, SECTION 5 OF THE CODE OF THE BOROUGH OF CALDWELL ENTITLED “ZONING ORDINANCE OF THE BOROUGH OF CALDWELL” TO DESIGNATE THE PROPERTY AND THE STRUCTURE ON THE PROPERTY IDENTIFIED ON THE CALDWELL TAX MAPS, AS BLOCK 70, LOT 1, AN THE PROPERTY AND THE STRUCTURE ON THE PROPERTY IDENTIFIED ON THE CALDWELL TAX MAPS AS BLOCK 56, LOT 10.01 AS AN HISTORIC SITES IN ACCORDANCE WITH CHAPTER 130 OF THE BOROUGH CODE NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Caldwell as follows:

Chapter 250 of the Borough Code authorizes the following modification to the Official Zoning Map:

1. The Zoning Map which is incorporated by reference as part of Chapter 250 of the Code of the Borough of Caldwell is hereby amended as follows:

Block 70, Lot 1 and the structure thereon is hereby designated as a Historic Site

2. The Zoning Map which is incorporated by reference as part of Chapter 250 of the Code of the Borough of Caldwell is hereby further amended as follows:

Block 56, Lot 10.01 and the structure thereon is hereby designated as a Historic Site.

BE IT FURTHER ORDAINED that a copy of this Ordinance, upon introduction, shall be provided to all appropriate municipal agencies for their review and comment pursuant to applicable New Jersey Statutes.

BE IT FURTHER ORDAINED when, in accordance with the provisions of this chapter and of state law, changes are made in district boundaries or other matters portrayed in the Official Zoning Map, such changes will not become effective until the Official Zoning Map has been amended, with an entry signed by the Mayor and attested by the Borough Clerk setting forth the substance of the change and the date of same.

BE IF FURTHER ORDAINED that this ordinance shall take effect after second reading and publication as required by law, filing of the ordinance with the Essex County Planning Board, and the passage of twenty (20) days from adoption by the governing body pursuant to N.J.S.A. 40:69A-18.1. and that this Ordinance shall not take effect until the Official Zoning Map has been amended in accordance with these provisions.




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DATE OF FIRST READING: April 3, 2018 DATE OF SECOND READING: May 8, 2018

DATE OF PUBLICATION: April 12, 2018 DATE OF ADOPTION: May 8, 2018 MOVED: MOVED: SECONDED: SECONDED:



Hauser

Rodgers

O’Donnell

Cole

Capozzoli

Lace



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ORDINANCE# 1345-18

AN ORDINANCE AMENDING CHAPTER 230 SECTION 21 OF THE CODE OF THE BOROUGH OF CALDWELL, BEING THE SECTION TITLED PERMIT PARKING SPACES IN MUNICIPAL LOTS BE IT ORDAINED by the Council of the Borough of Caldwell as follows: That Chapter 230 of the Code of the Borough of Caldwell, New Jersey be amended as herein set forth:

1. That Section 21 of Chapter 230, the Section titled “Permit parking spaces in municipal lots” is hereby amended to allow overnight permit parking in Lot 5, Smull Avenue Parking Plaza as follows:

The column that allows for Residential commuter and Merchant employee parking in “Lot 5, Smull Avenue Parking Plaza” is amended by adding “Residential night” to the list of permits that may be issued for parking in that Lot.

2. All Ordinances of the Borough of Caldwell which are inconsistent with the provisions of this Ordinance

are hereby repealed to the extent of such inconsistency.


4. This Ordinance shall take effect immediately upon final passage, approval and publication as required by law.

DATE OF FIRST READING: March 1, 2018 DATE OF SECOND READING: April 3, 2018 DATE OF PUBLICATION: March 15, 2018 DATE OF ADOPTION: April 3, 2018 MOVED: MOVED: SECONDED: SECONDED:



Hauser

Rodgers

O’Donnell

Cole

Capozzoli

Lace



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ORDINANCE# 1346-18

AN ORDINANCE AMENDING CHAPTER 41 SECTION 41-41 OF THE CODE OF THE BOROUGH OF CALDWELL, BEING THE SECTION TITLED OUTSIDE EMPLOYMENT OF POLICE OFFICERS BE IT ORDAINED by the Council of the Borough of Caldwell as follows: That Chapter 41 of the Code of the Borough of Caldwell, New Jersey be amended as herein set forth:

1. That Section 41 of Chapter 41 the Section titled “Outside employment of off-duty police officers” is hereby amended as follows:

Subsection D is amended by adding the following sentence after the only sentence in the subsection: The Chief of Police may utilize the third party entity, in the Chief’s discretion, to assign and manage all or part of the off-duty work.

2. All Ordinances of the Borough of Caldwell which are inconsistent with the provisions of this Ordinance

are hereby repealed to the extent of such inconsistency.


4. This Ordinance shall take effect immediately upon final passage, approval and publication as required by law.




Hauser

Rodgers

O’Donnell

Cole

Capozzoli

Lace



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ORDINANCE# 1347-18

AN ORDINANCE AMENDING CHAPTER 230, TRAFFIC AND VEHICLES, SECTION 230-62 SCHEDULE VIII OF THE BOROUGH CODE ENTITLED “STOP INTERSECTIONS” BE IT ORDAINED by the Council of the Borough of Caldwell as follows:

1. That Chapter 230, Vehicles and Traffic, Section 230-62 Schedule VIII of the Borough Code entitled “Stop Intersections” be and is hereby amended as follows:

Modify Schedule VIII by adding the following stop intersection: Stop Sign on Intersection Essex Road Essex Road and Park Lane 2. All Ordinances of the Borough of Caldwell which are consistent with the provisions of this Ordinance are hereby repealed to the extent of such inconsistency.

3. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this Ordinance. 4. This ordinance shall take effect immediately upon final passage, approval and publication as required by law.




Hauser

Rodgers

O’Donnell

Cole

Capozzoli

Lace




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

COUNCILMAN Yes No Absent Abstain COUNCILMAN Yes No Absent Abstain

Hauser

Rodgers

O’ Donnell

Cole

Capozzoli

Lace

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

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

Resolution No: 4-88

Date of Adoption: April 3, 2018

TITLE:

AUTHORIZING THE APPOINTMENT OF MCMANIMON & SCOTLAND, L.L.C FOR SPECIAL BOND COUNSEL PROJECTS FOR THE BOROUGH OF CALDWELL

WHEREAS, there exists a need for specialized legal services in connection with the authorization and the issuance of bonds or notes of the Borough of Caldwell (the "Borough") in the County of Essex, State of New Jersey, including the review of such procedures and the rendering of approving legal opinions acceptable to the financial community; and WHEREAS, such special legal services can be provided only by a recognized Bond Counsel firm, and the law firm of McManimon & Scotland, L.L.C., Newark, New Jersey is so recognized by the financial community; and BE IT RESOLVED BY THE BOROUGH COUNCIL OF THE BOROUGH OF CALDWELL, AS FOLLOWS:

1. The law firm of McManimon & Scotland, L.L.C., Newark, New Jersey is hereby retained to provide

the specialized legal services necessary in connection with the authorization and the issuance of bonds or notes by the Borough in accordance with an Agreement submitted to the Borough (the "Contract").

2. The Contract is awarded without competitive bidding as a "Professional Service" in accordance

with the Local Public Contracts Law, N.J.S.A. 40A:11-5(1)(a), because it is for services performed by persons authorized by law to practice a recognized profession.

3. A copy of this resolution as well as the Contract shall be placed on file with the Clerk of the Borough. 4. A notice in accordance with the Local Public Contracts Law of New Jersey in the form attached

hereto shall be published in The Progress.





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Resolution No: 4-89


TITLE:

AUTHORIZING THE LIEN REDEMPTION OF CERTIFICATE #17-00010, Block 41.01, Lot 19, 39 PROSPECT STREET, CALDWELL, NJ 07006

WHEREAS, at the Borough of Caldwell Tax Sale held on December 22, 2017, a lien was sold on Block 41.01 Lot 19 also known as 39 Prospect Street in Caldwell, NJ for delinquent Tax/Water; and WHEREAS, this lien, known as Tax Sale Certificate 17-00010, was sold to US BANK CUST FOR PC 7 & FIRST TRUST; and WHEREAS, the Homeowners Bank has effected redeemed the Certificate 17-00010 in the amount of $1,757.38 with a Premium amount of $1,100.00 to also be returned to the Lien Holder; and NOW THEREFORE BE IT RESOLVED that authorization is hereby given to issue a check in the amount of $2,922.38 payable to US BANK CUST FOR PC 7 FIRST TRUST for the redemption of Tax Sale Certificate 17-00010. Certificate 17-00010 PRINCIPAL……………………………………. $1,757.38 PREMIUM……………………………………… $1,100.00 RECORDING FEE……………………………... $ 65.00 TOTAL ………………..…………………………… $2,922.38





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Resolution No: 4-90


TITLE:

AUTHORIZING THE ISSUANCE OF A PERMIT FOR PEDDLER LICENSE OR IN ACCORDANCE WITH APPLICATION FILED. APPLICANT AND APPLICATION HAS BEEN APPROVED BY THE POLICE DEPARTMENT AND THE BOROUGH CLERK’S OFFICE – The Towne Scoop

BE IT RESOLVED by the Borough Council of the Borough of Caldwell, New Jersey that they do hereby approve the application for issuance of an peddler license permit to The Towne Scoop, 542B Bloomfield Avenue, Verona, NJ 07044 in accordance with the application filed. Applicant and application has been investigated and approved by the Police Department and the Borough Clerk’s office.





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Resolution No: 4-91


TITLE:

AUTHORIZING THE ISSUING OF LICENSE FOR RAFFLE. APPLICANT AND APPLICATION HAVE BEEN APPROVED BY THE CLERK’S OFFICE – HSA Trinity Academy – Off Premise/ 50/50 Raffle – May 17, 2018 - 7:00PM

BE IT RESOLVED by the Borough Council of the Borough of Caldwell, New Jersey that the following be and is hereby granted a raffle license in accordance with the application filed. Applicant and application has been approved by the Borough Council. RA-1368 HSA Trinity Academy Off Premise – 50/50 Raffle

May 17, 2018 – 7:00PM

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





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Resolution No: 4-92


TITLE:

AUTHORIZING THE ISSUANCE OF LICENSE FOR MOTOR VEHICLE LOT LICENSE IN ACCORDANCE WITH APPLICATION FILED. APPLICANT AND APPLICATION HAS BEEN APPROVED BY THE POLICE DEPARTMENT, CONSTRUCTION DEPARTMENT AND THE BOROUGH CLERK’S OFFICE – Amer Choudhry, 95 Bloomfield Avenue, Caldwell

BE IT RESOLVED by the Borough Council of the Borough of Caldwell, New Jersey that they do hereby approve the application for issuance of a motor vehicle lot license to Amer Choudhry, 95 Bloomfield Avenue, Caldwell, New Jersey in accordance with the application filed. Applicant and application has been investigated and approved by the Police Department, Construction Department and the Borough Clerk’s office.





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Resolution No: 4-93


TITLE:

AUTHORIZING PAYMENT OF BILLS AND THE ISSUANCE OF CHECKS FOR THE PERIOD THROUGH APRIL 3, 2018 FOR 2018/2017 BILLS IN THE TOTAL AMOUNT OF $3,201,748.12

BE IT RESOLVED by the Borough Council of the Borough of Caldwell, New Jersey that, WHEREAS, certain bills which are contained on the bills list which is annexed hereto and incorporated herein have been submitted to the Borough of Caldwell for payment, and; WHEREAS, pursuant to N.J.S.A. 40A:5:16, it has been certified to the governing body that the goods or services for which said bills were submitted have been received by or rendered to the Borough of Caldwell, and; WHEREAS, the Director of Finance of the Borough of Caldwell has certified to the governing body that there are funds legally appropriated and available in the current operating budget for the payment of said bills and that the said payment will not result in the disbursement of public monies or in the encumbering of same in excess of the 2017 and/or 2018 appropriation for said purpose; NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Caldwell that the, Borough Administrator and Deputy Clerk be and are hereby authorized to sign checks in payment of the bills set forth in the annexed schedule.





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Resolution No: 4-94


TITLE:

RESOLUTION DESIGNATING BLOCK 70, LOT 8, THE PROPERTY COMMONLY KNOWN AS 21 KNOLLWOOD TERRACE, CALDWELL NEW JERSEY AS A HISTORIC SITE WHEREAS, Chapter 130 of the Borough Ordinances establishes an Historic Preservation Commission to serve the Borough by providing a method by which to locate and identify historical structures within the Borough of Caldwell; and WHEREAS, Ordinance section 130-8 provides, inter alia, that the Historic Preservation Commission shall have the authority to identify and recommend for historic designation buildings and structures of particular historic, cultural , scenic or architectural significance to the Borough; and WHEREAS, Ordinance section 130-8 further provides that if the owner of a property determined by the Historic Preservation Commission to be worthy of historic designation consents in writing to such designation, then the Historic Preservation Commission shall forward its recommendation and the written consent of the such property owner to the Mayor and Council; and WHEREAS, The Historic Preservation Commission has recommended that the building on the property identified on the Borough Tax Maps as Block 70 , Lot 1, and more commonly known as “Knollwood” having an address of 21 Knollwood Terrace, Caldwell, New Jersey be designated as a historic site; and. WHEREAS, Alexandra and Gregory Confessore, owners of 41 Knollwood Terrace, Caldwell, New Jersey, have consented in writing to the Historic Preservation Commission of the designation of Knollwood as a historic site. NOW THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Caldwell, County of Essex, State of New Jersey, that the Property identified on the Borough Tax Maps as Block 70 Lot 1, and more commonly known as “Knollwood” having an address of 21 Knollwood Terrace, Caldwell, New Jersey, shall be designated as a historic site in accordance with the Borough Ordinances; and BE IT FURTHER RESOLVED, that the Mayor and Council will consider such designation by Ordinance pursuant to NJSA 40:55D-65.1; and BE IT FURTHER RESOLVED the Borough Clerk and all municipal officials are hereby authorized to take such action as is necessary to implement the purposes of the resolution, At a public Council meeting held on April 3, 2018, Councilman presented the following resolution, seconded by Councilman





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Resolution No: 4-95


TITLE:

RESOLUTION REVISING THE ORDER OF BUSINESS AT BOROUGH COUNCIL BUSINESS MEETINGS

WHEREAS, the Borough of Caldwell has achieved “bronze” level certification from Sustainable Jersey, for its environmental efforts; and WHEREAS, Sustainable Jersey offers additional certification points for additional action items; and WHEREAS, Sustainable Jersey offers at least 10 points for the action item entitled “Improve Public Engagement in Municipal Government” which aims to “Make information regarding meetings and matters of the governing body more available to the public and create new opportunities for citizens to provide input to the governing body during regularly scheduled public meetings of the boards and beyond”; and WHEREAS, sub-item 4.c. of the “Improve Public Engagement in Municipal Government “action item states “Place public comment portions at a time relevant to when most working people can participate (at the beginning of all evening public meetings, and close to the end of afternoon meetings)”; and WHEREAS, Sustainable Jersey has confirmed that sub-item 4.c. refers to the open comment portions of public meetings that involve general comments not related to resolutions, ordinances, or other items listed on a given agenda; and WHEREAS, the Environmental Commission of the Borough of Caldwell voted on March 13, 2018, to support efforts by the Borough of Caldwell to comply with sub-item 4.c; and WHEREAS, Resolution 1-23 placed the “Open Public Meeting” portion of the Borough Council meeting agenda near the end of the agenda, causing residents who are present at such meetings to sit for unspecified amounts of time before making public comments of a general nature; and WHEREAS, an opportunity for residents to speak publicly should not unreasonably burden Borough Council Business Meetings; and WHEREAS, it is reasonable to limit public comments to 5 minutes per individual speaker; and NOW, THEREFORE, BE IT RESOLVED, that the following order of business is to be observed at Council Business Meetings in the Borough of Caldwell: Call to Order, Roll Call, Statement of Compliance with Open Public Meetings Act, Pledge of Allegiance to the Flag, Open Public General Comment (5 minute limit per individual speaker), Approval of Minutes, Presentations, Introduction of Ordinances, Public Hearing and Adoption of Ordinances, Open Public Comments on Resolutions (5 minute limit per individual speaker), Resolutions – Consent Agenda, Resolutions, Council Committee Reports, Report of Mayor, Report of Administrator, Report of Borough Attorney, Report of Police Chief, Report of Essex County Liaison, Old Business, New Business, Executive Session, and Adjournment.

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