MINUTES FOR BLOOMFIELD TOWNSHIP Regular Meeting

Monday, May 7, 2012

7:00 PMCouncil Chambers, 1 Municipal Plaza, 2nd Floor, Municipal Building

 

 

 

 

 

 

 

 

 

I.              Call to Order

 

              Eighth Regular Meeting of the Township Council.

              The meeting commenced at 7:11 p.m. and was called to order by Mayor Raymond J. McCarthy.

              Notice of the time, date, location and agenda of this meeting, to the extent then known was provided at least forty-eight (48) hours prior to the commencement of this meeting in the following manner pursuant to the provisions of Chapter 231 of the Law of 1975 (The Open Public Meeting Act).

              1.              By posting such notice on the bulletin board in the Municipal Building, and

              2.              By mailing such notice to the offices of the Independent Press, Bloomfield Life                                           and Star Ledger.

 

              This was followed by the Pledge of Allegiance.

 

              Mayor McCarthy then moved to the Order of Business and asked the Municipal Clerk to call the roll.

 

              Roll call showed the following:

 

 

Attendee Name

Title

Status

Arrived

Elias Chalet

First Ward Councilman

Present

 

Nicholas Joanow

Second Ward Councilman

Present

 

Carlos Bernard

Third Ward Councilman

Present

 

Michael Venezia

Councilman at Large

Present

 

Peggy O'Boyle Dunigan

Councilwoman at Large

Present

 

Bernard Hamilton

Councilman at Large

Present

 

Raymond McCarthy

Mayor

Present

 

             

             


              Also were present the following:

 

Louise M. Palagano, Municipal Clerk

Yoshi Manale, Township Administrator

Paul Lasek, Township Engineer

Brian Aloia, Township Attorney

 

              Mayor McCarthy took the opportunity to thank Joseph Elmer of the AMVETS for the new Township flag which was hanging in the Council Chambers.

 

II.              Proclamations

 

              Mayor McCarthy then called for Proclamations.

 

              Mayor McCarthy read aloud the following Proclamation:

 

ASIAN AMERICAN AND PACIFIC ISLANDER

HERITAGE MONTH - MAY 2012

 

              WHEREAS, as we celebrate Asian American and Pacific Islander Heritage Month, we recognize the entrepreneurship and fortitude of individuals who have helped build our country and shape the American dream for centuries; and 

 

              WHEREAS, generations of Asian Americans and Pacific Islanders have helped develop and defend the United States, often in the face of tremendous racial and cultural prejudice. Despite these difficulties, Asian American and Pacific Islanders men and women struggled, sacrificed, and persevered to build a better life for their children and all Americans; and

 

              WHEREAS, today, Asian Americans and Pacific Islanders have a profound impact on our society as leaders in all facets of American life, thriving as athletes and public servants, entrepreneurs and artists. Whether as small business owners or as proud members of the Township of Bloomfield, in the United States Armed Forces, Asian Americans and Pacific Islanders are helping to write the next chapter of the American story; and

 

              WHEREAS,  although many Asian Americans and Pacific Islanders have achieved success, far too many still struggle to overcome obstacles of unemployment, poverty, and language barriers or face significant education, economic, and health disparities. To help address the diverse challenges affecting our AAPI communities, the President has reestablished the White House Initiative on Asian Americans and Pacific Islanders. The Initiative coordinates the efforts of agencies throughout the Federal Government to promote increased access to and participation in Federal programs for Asian Americans and Pacific Islanders who remain underserved, so we can continue to be a Nation where all things are possible for all people.

 

              WHEREAS, during Asian American and Pacific Islander Heritage Month, let us celebrate the millions of Asian Americans and Pacific Islanders whose talents and contributions strengthen our economy, protect our security, and enliven our country every day.

 

              NOW THEREFORE, I, Mayor Raymond J. McCarthy, along with the members of the Township Council, do hereby proclaim May 2012 as Asian American and Pacific Islander Heritage Month. I call upon Township of Bloomfield residents to learn more about the history of Asian Americans and Pacific Islanders, and to observe this month with appropriate programs and activities.

 

              Thereafter, Mayor McCarthy presented the Proclamation to Township Administrator, Yoshi Manale.

 

              Mayor McCarthy then read aloud the following Proclamation:

 

BLOOMFIELD MIDDLE SCHOOL

FIRST PLACE WINNERS

ANNUALLY NJ STATE BAR FOUNDATION’S LAW ADVENTURE COMPETITION

 

              WHEREAS; it is the intention of the Mayor and Council of the Township of Bloomfield to focus attention on noteworthy occasions and individuals; and

              WHEREAS; students at Bloomfield Middle School compete annually in the NJ State Bar Foundation’s Law Adventure Competition; and

              WHEREAS; the New Jersey State Bar Foundation’s Law Adventure Competition’s goals include working with attorneys, educators and subject experts, to develop comprehensive educational programs to supplement the K-12 curriculum and bring the law to life for students through active participation in the Mock Trial Competition; and

              WHEREAS; through their hard work and in-depth preparation, the  students of  John Shanagher’s United States history class won First Place among all eighth grade classes which entered the 2012 Law Adventure Competition; and

              WHEREAS; the Mayor and Council wish to commend the John Shanagher and his United States history class, on their hard work, dedication, and their impressive achievements in this statewide competition; and

              WHEREAS; special recognition is given to the following students for their hard work and accomplishment:

Estefania Avecillas                                          Brianna Elphick                                          Denise Rigo                           

Oliver Beatty                                                                  Austin Feliciano                                          Madeline Rodriguez

Enrique Calle                                           Gabrielle Feraco                                          Jennifer Salas

Virginia Cardona                                          Ada Garcia                                                        DeJ’Anha Simms

Mauricio Caro                                           Jessica Generazio                                          Richard Thompson

Mariah Cartagena                                          Gianna Mancini                                          Mahnaz Yekanifard             

Jamie Cruz                                                        Nina Martin

Luciana Da Silva                                           Tyler Marwitz

Christopher Delmar                                          Aaron Mos

John Di Marco                                          Riyad Moughawech

                                                       

              NOW, THEREFORE, I, Raymond McCarthy, along with the members of Township Council by virtue of the authority vested in me as Mayor of the Township of Bloomfield, County of Essex, State of New Jersey, do hereby commend John Shanagher and his United States History class and do urge all citizens to join with me and Council in congratulating them for their tremendous effort and success in the New Jersey State Bar Foundation’s Law Adventure Competition.

              Mayor McCarthy then presented the Proclamation to the students and teachers of the winning team who were present in the audience.

 

              Mayor McCarthy then read the following Proclamation aloud:

 

BLOOMFIELD MIDDLE SCHOOL

SECOND PLACE WINNERS

ANNUALLY NJ STATE BAR FOUNDATION’S LAW ADVENTURE COMPETITION

 

              WHEREAS; it is the intention of the Mayor and Council of the Township of Bloomfield to focus attention on noteworthy occasions and individuals; and

 

              WHEREAS; students at Bloomfield Middle School compete annually in the NJ State Bar Foundation’s Law Adventure Competition; and

 

              WHEREAS; the New Jersey State Bar Foundation’s Law Adventure Competition’s goals include working with attorneys, educators and subject experts, to develop comprehensive educational programs to supplement the K-12 curriculum and bring the law to life for students through active participation in the Mock Trial Competition; and

 

              WHEREAS;  through their hard work and in-depth preparation, the Enrichment Magnet students of  Lauren Barton and Jose Sarmiento class won Second Place among all seventh grade classes which entered the 2012 Law Adventure Competition; and

 

              WHEREAS;  the Mayor and Council wish to commend the Lauren Barton and Jose Sarmiento along with their Enrichment Magnet students, on their hard work, dedication, and their impressive achievements in this statewide competition; and

              WHEREAS; special recognition is given to the following students for their hard work and accomplishment:

Rani Abdulaziz                                            Amanda Ayala                            Sarah Bsales

Alessandra D'Andrea                            Darryl Gregory                            Julio Lizardo

Milagros Luna                                          Vanessa Owusu                            Kajal Patel

Celeste Rosario                                           Tiffany Sanders                            Colleen Weber

 

              NOW, THEREFORE, I, Raymond McCarthy, along with the members of the Township Council by virtue of the authority vested in me as Mayor of the Township of Bloomfield, County of Essex, State of New Jersey, do hereby commend Lauren Barton and Jose Sarmiento along with their Enrichment Magnet students and do urge all citizens to join with me and Council in congratulating them for their tremendous effort and success in the New Jersey State Bar Foundation’s Law Adventure Competition.

 

              Thereafter, Mayor McCarthy presented the Proclamation to the students and teachers of the winning team who were present in the audience, and congratulated all of the students who participated in both programs.

 

 

 

III.              Presentation:

 

              Mayor McCarthy stated that the presentation that was scheduled to be made by the Director of the Department of Public Works & Parks was postponed due to the Director's illness.

 

IV.              Minutes Approval

 

              Mayor McCarthy called for the approval of Minutes of previous meetings.

 

              Councilman Chalet moved, and Councilman Joanow seconded, the adoption of the following Minutes:

 

              1.              Minutes of January 23, 2012 Conference Meeting

              2.              Minutes of February 13, 2012 Conference Meeting

              3.              Minutes of April 2, 2012 Council Meeting

              4.              Minutes of April 16, 2012 Council Meeting

 

              Vote showed the following:

 

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Elias Chalet, First Ward Councilman

SECONDER:              Nicholas Joanow, Second Ward Councilman

AYES:              Chalet, Joanow, Bernard, Venezia, O'Boyle Dunigan, Hamilton, McCarthy

             

 

V.              Opening and Reading of Bids

 

              Mayor McCarthy stated that there were no bids to be opened or read.

 

VI.              Administrative Agenda Presented by the Township Administrator

 

              Mayor McCarthy stated that there was no administrative agenda to be presented by the Township Administrator.

 

VII.              Reports of Special Council Committees

 

              Mayor McCarthy stated that there were no reports of Special Council Committees to be presented at the meeting.

 

VIII.              Communications

 

              Mayor McCarthy called for Communications.

 

              The Municipal Clerk then summarized the contents of four written communications received.  The first was a notice of a public hearing to be held before the Township's Planning Board on May 8, 2012 which had been filed by the Bloomfield Center Urban Renewal, LLC for a proposed amendment to the redevelopment plan it had previously filed.  The second was a notice of a public hearing to be held before the Township's Planning Board on May 8, 2012 which had been filed by 1515 Broad, LLC seeking preliminary and final site plan approval and bulk variance for property located at 1515 Broad Street.  The third was a letter from the Essex County Board of Chosen Freeholders wherein they indicated that they would conduct their next meeting on May 9, 2012 in the Township's Council Chambers.  The fourth was a letter from the Township's Office of Emergency Management which stated that the Township was the recipient of over $500,000 in FEMA funds for damages sustained by the Township during the October 2011 snow storm and damages sustained due to Hurricane Irene.

 

              Thereafter, the oral portion of the meeting was called by the Mayor.

 

              Carol Humphreys, 51 Church Street East, Bloomfield, New Jersey, took the microphone to express her concerns regarding the additional costs to the Township associated with the recent redevelopment projects approved by the Township Council.

 

              The Mayor thanked Ms. Humphreys for her comments.

 

              Mayor McCarthy then stated that the Oral Petition and Hearing on the agenda regarding the alcoholic beverage license for Moon Palace was going to be adjourned as the Township Attorney indicated that it could not be determined whether or not the applicant had received proper notice of the hearing.

 

              Mayor McCarthy then called for a motion to close the oral portion of the meeting, which was moved by Councilman Joanow and seconded by Councilman Bernard.

 

              Vote showed the following:

 

                            Councilman Chalet - Yes              Councilman Venezia - Yes

                            Councilman Joanow - Yes              Councilwoman Dunigan - Yes

                            Councilman Bernard - Yes              Councilman Hamilton - Yes

                                                        Mayor McCarthy - Yes

 

IX.              Introduction of Proposed Ordinances on First Reading

 

              Mayor McCarthy called for the Introduction of Proposed Ordinances on First Reading.

 

              Councilman Bernard submitted the following Ordinance on first reading, which was seconded by Councilman Hamilton:

 

AN ORDINANCE TO AMEND CHAPTER 318, LANDSCAPERS, § 318-5, License and decals fees; terms of license; renewal, PARAGRAPH A WITHIN THE TOWNSHIP CODE OF THE TOWNSHIP OF BLOOMFIELD

 

              BE IT ORDAINED, by the Mayor and Council of the Township of Bloomfield, County of Essex, State of New Jersey, as follows:

 

Section 1. The following Paragraphs of Chapter 318, Landscapers, §318-5, License and decals fees; terms of license; renewal, Paragraph A  of the Code of the Township of Bloomfield, County of Essex, State of New Jersey, are hereby amended to read as follows:

 

§ 318-5. License and decal fees; term of license; renewal

A.

Upon filing such application, the applicant shall pay to the Municipal Clerk effective January 1, 2012 a fee of $75.00, which will entitle the applicant to one decal. Additional decals shall cost $25.00 each. Any fractional year will be considered a full year for the purposes of this section.

 

              Section 2.              All ordinances inconsistent herewith are hereby repealed.

 

              Section 3.              This ordinance shall take effect upon final passage and publication in accordance with the law.

 

              Vote showed the following:

 

RESULT:              FIRST READING [UNANIMOUS]              Next: 5/21/2012 7:00 PM

MOVER:              Carlos Bernard, Third Ward Councilman

SECONDER:              Bernard Hamilton, Councilman at Large

AYES:              Chalet, Joanow, Bernard, Venezia, O'Boyle Dunigan, Hamilton, McCarthy

 

              Councilman Venezia submitted the following Ordinance on first reading, which was seconded by Councilwoman Dunigan:

 

AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 526, TAXICABS AND LIMOUSINES, ARTICLE I, Taxicabs AND ARTICLE II, Limousines and Autocabs WITHIN THE TOWNSHIP CODE OF THE TOWNSHIP OF BLOOMFIELD

 

              BE IT ORDAINED by the Mayor and Council of the Township of Bloomfield, County of Essex, State of New Jersey, as follows:

 

              Section 1.   Chapter 526, entitled: “TAXICABS AND LIMOUSINES,” Article I § 526-3. License required; fee; expiration and Paragraph B and § 526-6. Taxicab driver’s license required; fee; expiration Paragraph B of the Code of the Township of Bloomfield is hereby amended by revising the following sections to read as follows:

 

§ 526-3. License required; fee.

B

Effective January 1, 2012, every applicant for such license shall pay to the Municipal Clerk an annual license fee of $150.00 for each taxicab or other motor vehicle for hire.

 

§ 526-6. Taxicab driver’s license required; fee; expiration

  

 

B.

Effective January 1, 2012, every applicant for a driver's license required by the preceding subsection shall pay to the Township Clerk the sum of $50.00 for the use of the Township and shall receive a license from the Township Clerk.

 

Section 2.   Chapter 526, entitled: “TAXICABS AND LIMOUSINES,” Article II Limousines and Autocabs § 526-20. license required; fee; of the Code of the Township of Bloomfield is hereby amended by revising the following sections to read as follows:

 

C

Effective January 1, 2012, every applicant for such license shall pay to the Municipal. Clerk an annual license fee of $50.00 for each livery automobile or limousine for hire.

 

              Section 3.   All ordinances inconsistent herewith are hereby repealed.

 

              Section 4.   This ordinance shall take effect upon final passage and publication in accordance with the law.

 

              Vote showed the following:             

 

RESULT:              FIRST READING [UNANIMOUS]              Next: 5/21/2012 7:00 PM

MOVER:              Michael Venezia, Councilman at Large

SECONDER:              Peggy O'Boyle Dunigan, Councilwoman at Large

AYES:              Chalet, Joanow, Bernard, Venezia, O'Boyle Dunigan, Hamilton, McCarthy

 

              Prior to the following Ordinance being introduced, Councilman Joanow asked that it be read aloud in its' entirety, to which Mayor McCarthy responded that the Ordinance could be read aloud at the next Council Meeting.

 

              Councilwoman Dunigan then submitted the following Ordinance on first reading, which was seconded by Councilman Hamilton:

 

AN ORDINANCE TO AMEND CHAPTER 491, “SOLID WASTE,” ARTICLE III “Collection and Disposal” § 491-16 “Violations and penalties” WITHIN THE TOWNSHIP CODE OF THE TOWNSHIP OF BLOOMFIELD

 

BE IT ORDAINED by the Mayor and Council of the Township of Bloomfield, County of Essex, State of New Jersey, as follows:

 

Section 1. Chapter 491, entitled, “Solid Waste” Article III, Collection and Disposal, § 491-16 “Violations and penalties” of the Code of the Township of Bloomfield, County of Essex, State of New Jersey is hereby amended to read as follows:

 

A.              First offense: a fine of $1000 or imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or by any combination of such fine, imprisonment and/or community service.

 

B.              Second offense: a fine of $2000 or imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or by any combination of such fine, imprisonment and/or community service.

 

C.              Each offense thereafter: a fine of $2,000 and imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days.  Such person may also be ordered to perform community service for a period of time not to exceed 240 hours of community services.

 

Section  2.              All ordinances inconsistent herewith are hereby repealed.

 

              Section  3.              This ordinance shall take effect upon final passage and publication in accordance with the law.

 

              Vote showed the following:             

 

RESULT:              FIRST READING [UNANIMOUS]              Next: 5/21/2012 7:00 PM

MOVER:              Peggy O'Boyle Dunigan, Councilwoman at Large

SECONDER:              Bernard Hamilton, Councilman at Large

AYES:              Chalet, Joanow, Bernard, Venezia, O'Boyle Dunigan, Hamilton, McCarthy

 

              Councilman Hamilton submitted the following Ordinance on first reading, which was seconded by Councilman Chalet:

 

ORDINANCE OF THE TOWNSHIP OF BLOOMFIELD, COUNTY OF ESSEX, NEW JERSEY AMENDING CHAPTER 112 OF THE TOWNSHIP CODE

 

WHEREAS, in 2008, the Mayor and Council of the of the Township of Bloomfield (the “Township”) adopted an affordable housing ordinance that was subsequently codified in Chapter 112 of the Township Code (“Chapter 112”), the stated purpose of which is to facilitate the provision of affordable housing in connection with residential and nonresidential development in compliance with the requirements of statutory law and the Coalition on Affordable Housing's Revised Third Round Rules; and

WHEREAS, pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq., (the “Redevelopment Law”), the Mayor and Council, after appropriate investigation and review by the Planning Board of the Township, determined that the following areas within the Township met the criteria for designation as areas in need of redevelopment set forth in Section 5 of the Redevelopment Law: the Bloomfield Station Redevelopment District; the Bloomfield Center Redevelopment District - Phase I; the Oaks Pond Redevelopment Area; the Block 228 and Block 220, Lot 40 Redevelopment Area; and the Block 243 Redevelopment Area; and

 

WHEREAS, the Mayor and Council also qualified the entire Township as an area in need of rehabilitation pursuant to the Redevelopment Law; and

 

WHEREAS, pursuant to the Redevelopment Law, the Mayor and Council adopted several redevelopment plans governing development of the redevelopment areas:  the Bloomfield Station Redevelopment Plan; the Bloomfield Center Redevelopment Plan - Phase I; the Oaks Pond Redevelopment Plan; and the Block 228 and Block 220, Lot 40 Redevelopment Plan ; and

 

WHEREAS, the redevelopment plan for the Block 243 Redevelopment Area is in the drafting stage; and

 

WHEREAS, using the rehabilitation designation, the Mayor and Council also adopted the Bloomfield Center Redevelopment Plan - Phase II, which governs the development of certain properties in Bloomfield Center which surround the Bloomfield Center Redevelopment District - Phase I; and

 

WHEREAS, Chapter 112 was amended by ordinance adopted by the Mayor and Council on May 18, 2011, which exempted properties in a redevelopment area from the strict application of the affordable housing ordinance due to the unique financial challenges presented by projects in areas in need of redevelopment.  Instead, any affordable housing obligation imposed on a redevelopment area project would be set forth in a redevelopment agreement; and

 

WHEREAS, the Mayor and Council amended the Phase I Redevelopment Plan and the Phase II Redevelopment Plan to require a developer to be designated as a redeveloper and execute a redevelopment agreement only when a project exceeded a certain size and scope; and

 

WHEREAS, it has become apparent to the Mayor and Council that projects in a rehabilitation area, and particularly those governed by the Phase II Plan, are experiencing financing challenges similar to those in a redevelopment area and it therefore would be in the best interests of the Township to determine on an ad hoc basis the affordable housing obligation for all projects governed by a redevelopment plan and for which a redevelopment agreement is required, whether such projects are undertaken in a redevelopment area or a rehabilitation area; and

 

WHEREAS, the Mayor and Council accordingly desires to amend Chapter 112 of the Township Code to provide that it shall not apply to the development of projects in areas designated by the Township as areas in need of redevelopment or areas in need of rehabilitation under the auspices of the Redevelopment Law, provided the redevelopment plan governing such projects require the execution of redevelopment agreement by the developer.

 

NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Council of the Township of Bloomfield, New Jersey as follows:

 

Section 1. The aforementioned recitals are incorporated herein as though fully set forth at length.

 

Section 2. Chapter 112-3 of the Township Code is hereby amended and restated in its entirety as follows:

 

“This chapter sets forth mechanisms by which developers shall provide for a fair share of affordable housing based on growth that is associated with development taking place within all zoning districts within the Township. Except as otherwise set forth herein, this specifically includes, without limitation, any parcel within the Township which would accommodate five or more dwelling units as a result of a “d” variance pursuant to N.J.S.A. 40:55D-70, where the zoning would require a twenty-percent set-aside. It also includes any parcel in an area designated by the Township as an area in need of redevelopment or an area in need of rehabilitation pursuant to the Redevelopment Law.   Notwithstanding the above, this chapter shall not apply (i) to any parcel within the Township which would not accommodate five or more dwelling units where the zoning would require a twenty-percent set-aside;  or (ii) to any parcel within an area designated by the Township as an area in need of redevelopment or an area in need of rehabilitation under the Redevelopment Law, provided the developer of any such project is required to execute a redevelopment agreement under the terms of a prevailing redevelopment plan. Any affordable housing obligation for a project undertaken in a designated redevelopment or rehabilitation area which is subject to a redevelopment agreement pursuant to the terms of a prevailing redevelopment plan will be determined through negotiations between the redevelopment entity and a designated redeveloper, and incorporated into the redevelopment agreement.”

 

Section 3. All ordinances and resolutions or parts thereof inconsistent with this Ordinance are hereby rescinded.

 

Section 4. This ordinance shall take effect in accordance with applicable law.

Vote showed the following:

RESULT:              FIRST READING [UNANIMOUS]              Next: 5/21/2012 7:00 PM

MOVER:              Bernard Hamilton, Councilman at Large

SECONDER:              Elias Chalet, First Ward Councilman

AYES:              Chalet, Joanow, Bernard, Venezia, O'Boyle Dunigan, Hamilton, McCarthy

 

X.              Hearing Upon, Adoption or Amendment of Proposed Ordinances on Second Reading

 

              Mayor McCarthy called for Hearing Upon, Adoption or Amendment of Proposed Ordinances on Second Reading.

 

              The Municipal Clerk read the following Ordinance by title:

 

AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 387 OF THE BLOOMFIELD TOWNSHIP CODE, PROVIDING PARKING FOR PHYSICALLY LIMITED PERSONS (29 Myrtle Street and 125 Willard Avenue)

 

              Councilman Chalet moved that the Ordinance be adopted on final reading, which motion was seconded by Councilman Hamilton.

 

              Mayor McCarthy called for comments from the public or Council.  There being none, he asked the Municipal Clerk to poll the Council.

 

              Vote showed the following:

 

RESULT:              ADOPT [UNANIMOUS]

MOVER:              Elias Chalet, First Ward Councilman

SECONDER:              Bernard Hamilton, Councilman at Large

AYES:              Chalet, Joanow, Bernard, Venezia, O'Boyle Dunigan, Hamilton, McCarthy

 

              The Municipal Clerk read the following Ordinance by title:

 

AN ORDINANCE TO AMEND AND SUPPLEMENT AN ORDINANCE ENTITLED, “AN ORDINANCE ADOPTING TITLES FOR EMPLOYEES, FIXING SALARY RANGES THEREFORE, FIXING THEIR DUTIES AND QUALIFICATIONS AND FIXING SALARIES, ADOPTED JULY 21, 1941,” AS HERETOFORE AMENDED AND SUPPLEMENTED

 

              Councilman Joanow moved that the Ordinance be adopted on final reading, which motion was seconded by Councilman Venezia.

 

              Mayor McCarthy called for comments from the public or Council.  There being none, he asked the Municipal Clerk to poll the Council.

 

              Vote showed the following:

 

RESULT:              ADOPT [UNANIMOUS]

MOVER:              Nicholas Joanow, Second Ward Councilman

SECONDER:              Michael Venezia, Councilman at Large

AYES:              Chalet, Joanow, Bernard, Venezia, O'Boyle Dunigan, Hamilton, McCarthy

 

XI.              Consent Resolutions

 

              Mayor McCarthy called for the Consent Agenda Resolutions.

 

              Councilman Bernard moved, and Councilman Hamilton seconded, the adoption of the following nine (9) Consent Agenda Resolutions:

 

APPROVING PARTICIPATION WITH THE STATE OF NEW JERSEY IN A SAFE AND SECURE COMMUNITIES PROGRAM ADMINISTERED BY THE DIVISION OF CRIMINAL JUSTICE, DEPARTMENT OF LAW AND PUBLIC SAFETY FOR 2012 YEAR.

 

              WHEREAS, the Township of Bloomfield has applied for funding for a project under the Safe and Secure Communities Program (Grant # 5410-12); and

 

              WHEREAS, the project is a joint effort between the Department of Law and Public Safety and the Township of Bloomfield for the purpose described in the application; and             

 

              WHEREAS, the Mayor and Council has reviewed the application and has approved the Township’s participation in the Safe and Secure Communities Program.

              NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council, of the Township of Bloomfield, County of Essex, State of New Jersey that:

 

1.  As a matter of public policy the Township of Bloomfield wishes to participate to the fullest extent possible with the Department of Law and Public Safety.

 

2.  The Attorney General will receive funds on behalf of the Township.

3.  The Division of Criminal Justice shall be responsible for the receipt and review of the applications for said funds.

 

4. The Division of Criminal Justice shall initiate allocations to each applicant as authorized.

 

EDWARD BYRNE MEMORIAL JUSTICE LOCAL ASSISTANCE GRANT

 

              WHEREAS, the United States Department of Justice, through its Byrne Memorial Justice Local Assistance Grant Program (JAG) has established and provided in its six year’s appropriation a grant award in the amount of $10,316.00 aimed at preventing, controlling, and reducing criminal activity in our communities; and

 

              WHEREAS, the Newark Police Department through its distinction as the “Administering Agency” of this grant award intends to apply for and administer the legally appropriated funding to each of the participating agencies; and

 

              WHEREAS, the Bloomfield Police Chief recommends that the Township continues to be a participating agency in order to receive its portion of the grant money.

 

              NOW, THEREFORE BE IT RESOLVED, in accordance with the Police Chief’s recommendation that the Mayor and Council hereby authorize the Chief to execute the necessary documents to participate in this grant award; and

 

              BE IT FURTHER RESOLVED, that the Chief is hereby directed to ensure that all grant money received is utilized in accordance with the terms and conditions imposed by the grant program.

 

SPECIAL LAW ENFORCEMENT OFFICERS

 

              WHEREAS, the Township of Bloomfield’s Police Department needs to hire several Special Law Enforcement Officers to assist with the needs of the Municipal Court within the Township of Bloomfield; and

 

WHEREAS, the following retired officers comply with the Township Code Chapter 75; and

 

WHEREAS, Edward Szmak, Anthony Romano, Raymond Conte, Anthony French and James Caron meet with all the requirements stated in Chapter 75-26 Residency requirements; and

 

WHEREAS, the Director of Finance has indicated that funding is available for these positions.

 

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Township of Bloomfield, County of Essex, State of New Jersey hereby appoints, Edward Szmak, Anthony Romano, Raymond Conte, Anthony French and James Caron to the position of Special Law Enforcement Officer effective May 17, 2012.

 

BE IT FURTHER RESOLVED, that said officers shall all perform those duties and assignments ordered by the Chief an shall be considered part-time temporary workers, subject to the conditions outline in Chapter 75.

 

FIREWORKS DISPLAY

 

              BE IT RESOLVED, that the Mayor and Council of the Township of Bloomfield, County of Essex, State of New Jersey hereby authorizes the following to conduct their Firework shows:

 

Bloomfield Recreation Department

Foley Field/Memorial Park

Wednesday

July 4, 2012 (Rain Date 7/5/12)

 

 

 

 

Essex County Commission

Brookdale Park

Monday

July 2, 2012 (Rain Date TBA)

 

BOARDS AND COMMISSIONS

 

WHEREAS, the Mayor of the Township of Bloomfield has the duty and responsibility to appoint members of the Oakeside Cultural Commission.

 

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Township of Bloomfield, County of Essex, State of New Jersey hereby acknowledges the following appointment:

 

              Michelle Davidson

 

REFUND TAX OVERPAYMENTS

 

              WHEREAS, property taxes on the attached list of properties in the Township of Bloomfield have been overpaid; and

 

              WHEREAS, the overpayments require a refund in the total amount of $70.91 for 2009, $16,073.10 for 2010, and $15,019.25 for 2011.

 

              NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Township of Bloomfield, County of Essex, State of New Jersey hereby authorize the Township Treasurer to issue refund checks totaling of $70.91 for 2009, $16,073.10 for 2010, and $15,019.25 for 2011.

 


RESOLUTION OPPOSING SENATE BILL 1452

 

WHEREAS, legislation has been introduced to reform and modernize the Open Public Records Act (S-1452); and

 

WHEREAS, the governing body of the Township of Bloomfield agrees that government records should be readily accessible and transparent but there must be an appropriate balance between the need for openness and transparency in government and citizens’ reasonable expectation of privacy; and

 

WHEREAS, among the costly unfunded mandates and impractical new requirements of S-1452 are the following:

 

·              The expansion of the definition of government record to include records that are required by law to be made, maintained or kept on file by any public agency that will lead to a records custodians to be in violation of OPRA for the non-existence of a government records created before their tenure with the public body; and

 

·              The creation of a definition for “advisory, consultative or deliberative” material that may be contrary to the well established definition in case law leading to costly litigation; and

 

·              The expanding of the definition of government record to include electronic communications, such as e-mails and text messages, concerning public business among an effective majority of the members that occurred prior to a meeting that is unworkable and unmanageable as the technology does not always exist to make “hard copies” or digital copies of text messages, the records custodian does not always have access to the electronic communications and certain cell phone carriers will not provide this information without a subpoena; and

 

·              The inclusion of a subjective definition for “reasonable” that may be contrary to the well established definition in case law leading to costly litigation; and

 

·              A new requirement that any video or audio recordings or public meetings should be available in unedited form will be in direct violation of the Open Public Meetings Act requirement that requires the redacting of discussions in closed session until the matter can legally be released; and

 

·              A new requirement on how to handle redactions and special services fees is time consuming and costly, especially considering that the Government Records Council has already addressed these procedures in their Custodians’ Toolkit, which should be codified; and

 

·              A provision that permits the records custodian to advise a requestor that a government record is readily available on the public agency’s website; however, the bill requires the records custodian to directly provide the records to the requestor if they do not have access to a computer but does not define what is meant by “access to a computer”; and

 

·              A new costly requirement that when there is a special service charge the requestor must be provided, at no cost, an index generally describing the responsive government records to be provided and to the greatest extent possible the index shall include the name of each record or brief description of the record or general categories of records, a detailed breakdown of how the special charges were assessed and if records are exempt or redacted, the records custodian must provide a description of those records; and

 

·              A provision that prohibits the assessment of a special service charge for requests for budgets, bills, vouchers, contracts and public employee salaries and overtime unless the request is deemed voluminous, which is undefined and subjective; and

 

WHEREAS, the provisions of S-1452 place financial, time, manpower and other burdens on municipalities at a time when municipalities are forced to layoff municipal employees, impose furloughs and reduce departmental budgets so that municipalities can meet the strict CAP requirements with decreased revenues and increasing operating expense; and

 

WHEREAS, the totality of the new requirements of S-1452 will be a significant cost driver for local and State government with no known appropriation contemplated or any alternate means to offset these costs, such a reasonable increase in fees; and

 

WHEREAS, while the governing body of the Township of Bloomfield strives for and agrees that open and transparent government is essential to the democratic process, the provisions of S-1452 will make government inefficient.

 

NOW, THEREFORE, BE IT RESOLVED, that the governing body of the Township of Bloomfield, County of Essex, and State of New Jersey for reasons stated above, does hereby oppose S-1452, as currently drafted, and strongly urges the State Senate and Assembly to oppose these bills; and

 

BE IT FURTHER RESOLVED, that a copy of this duly adopted resolution be forwarded to Senate President Stephen Sweeney, Senator Loretta Weinberg, Senator Barbara Buono, Senator Shirley Turner, Assembly Speaker Shelia Oliver, Assemblyman Gordon Johnson, the legislators of the 28th State Legislative District State Legislative District, Governor Chris Christie, the New Jersey State League of Municipalities and the Municipal Clerks’ Association of New Jersey.

 

RESOLUTION OPPOSING SENATE BILL 1451

 

WHEREAS, legislation has been introduced to reform and modernize the Open Public Meetings Act (S-1451); and

 

WHEREAS, the governing body of the Township of Bloomfield agrees with and supports the statement that “the right of the public to be present at all meetings of public bodies, and to witness in full detail all phases of the deliberation, policy formulation, and decision making of public bodies, is vital to the enhancement and proper functioning of the democratic process”; and

 

WHEREAS, the changes, however, proposed in S-1451 will not only be a cost driver for local and State government but make government less effective; and

 

WHEREAS, S-1451 includes a number of proposed requirements which involve costly unfunded mandates, impractical requirements and impediments to the democratic process, including the following:

 

·              A new definition of subcommittees that expands subcommittees to be overly inclusive so that, for example, even research projects assigned to one member of a public body could be covered; and

 

·              A new requirement that all subcommittees meetings include notice of their meeting and the preparation of minutes, which would, among other things, necessitate additional administrative support for all meetings of subcommittees as well as increased legal advertising cost; and

 

·              A new requirement that agendas provide a description of all agenda items, including the names of parties to and approximate dollar amounts of any contracts to be acted upon, which will delay the award of contracts and could lead to the loss of grant monies; and

 

·              A new requirement that the governing body may discuss, but not act upon, an item brought up by a citizen at a public meeting if it was not published as an agenda item, that not only runs contrary to the time honored tradition of holding a public meeting for the very purpose of soliciting such input and acting upon it but is impractical, ineffective and unnecessarily inhibits the operations of municipal government; and

 

·              A new requirement for advance notification of estimated start times for the public portion of the meeting and the portion of the meeting from which the public is to be excluded that is unworkable and disruptive; and

 

·              A new requirement that recordings of meetings become a part of the minutes that renders the recordings a permanent municipal record and is not only counter to the already-established records retention schedule of Division of Archive and Records Management for such records but which will be costly to preserve the records to ensure that they are permanent; and

 

·              A new requirement that electronic communications, such as e-mails and text messages, concerning public business among an effective majority of the members that occurred prior to a meeting become part of the minutes and renders the recordings a permanent municipal record, is unworkable and unmanageable as the technology does not always exist to make “hard copies” or digital copies of text messages and the records custodian does not always have access to them, and which is an unprecedented expansion of the meeting concept; and

 

·              A new requirement that public bodies be permitted to exclude the public from discussion of personnel matters only with the written consent of the employee and potentially affected employees which will inhibit the public bodies’ ability to take necessary actions on personnel matters and could lead to costly litigation; and

 

·              A new requirement that comprehensive minutes that must include each member’s stated reason for their actions or vote, the identity of each member of the public who spoke, and summary of what was said, be made available to the public as soon as possible but no later than 45 days after the meeting that will not only be costly but the historical value of minutes will be lost in order to meet an arbitrary deadline; and

 

WHEREAS, the provisions of S-1451 place financial, time, manpower and other burdens on municipalities at a time when municipalities are forced to layoff municipal employees, impose furloughs and reduce departmental budgets so that municipalities can meet the strict CAP requirements with decreased revenues and increasing operating expense; and

 

WHEREAS, the totality of the new requirements of S-1451 will be a significant cost driver for local and State government with no known appropriation contemplated or any alternate means to offset these costs, such a reasonable increase in fees; and

 

WHEREAS, while the governing body of the Township of Bloomfield strives for and agrees that open and transparent government is essential to the democratic process, the provisions of S-1451 will make government inefficient;

 

NOW, THEREFORE, BE IT RESOLVED, that the governing body of the Township of Bloomfield, County of Essex, and State of New Jersey for reasons stated above, does hereby oppose S-1451, as currently drafted, and strongly urges the State Senate and Assembly to oppose these bills; and

 

              BE IT FURTHER RESOLVED, that a copy of this duly adopted resolution be forwarded to Senate President Stephen Sweeney, Senator Loretta Weinberg, Assembly Speaker Shelia Oliver, Assemblyman Gordon Johnson, Assemblyman Upendra Chivukula, the legislators of the 28th State Legislative District, Governor Chris Christie, the New Jersey State League of Municipalities and the Municipal Clerks’ Association of New Jersey.

 

TOWNSHIP OF BLOOMFIELD TO READ BUDGET BY TITLE

 

              WHEREAS, N.J.S.A. 40A:4-8 as amended provides that the Budget shall be read in full at the public hearing, or that it may be read by its title only if:

 

1.              At least one week prior to the date of the hearing a complete copy of the approved Budget:

 

(a)              shall be made available for public inspection in the free public library, if any of the municipality and in the free county libraries or regional libraries located in the municipality or,  if no county libraries or regional libraries are located in the municipality, the county or regional library of the county in which the municipality is located, and the public officer delegated responsibility for delivering copies of the approved budget to such library shall forward the Mayor and Council an attestation that each such delivery was made; and

 

(b)              is made available to each person requesting the same, during said week and during the public hearing; and

             

              WHEREAS, the Director of Finance has certified that the conditions of N.J.S.A. 40A:4-8, as amended and set forth in subsections 1(a) and 1 (b) above have been met.

 

NOW, THEREFORE, BE IT RESOLVED, by a majority of the full membership of the Mayor and Council of the Township of Bloomfield that because the Director of Finance has certified that the conditions of N.J.S.A. 40A:4-8, as amended and set forth in subsections 1(a) and 1 (b) above have been met, the Budget for 2012 shall be read by title only at the hearing currently scheduled for June 4, 2012.

 

              Louise M. Palagano, the Municipal Clerk, stated that the Public Hearing on the Budget would be held on June 4, 2012, at 7:00 p.m.

 

              Vote on the preceding nine (9) Consent Agenda Resolutions showed the following:

             

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Carlos Bernard, Third Ward Councilman

SECONDER:              Bernard Hamilton, Councilman at Large

AYES:              Chalet, Joanow, Bernard, Venezia, O'Boyle Dunigan, Hamilton, McCarthy

XII.              Resolutions

 

              Mayor McCarthy called for Resolutions.

 

              Councilman Joanow moved, and Councilman Bernard seconded, the adoption of the following Resolution:

 

FIRE PROMOTION

 

              WHEREAS, a vacancy exist in the Bloomfield Fire Department in the position of Fire Captain; and

 

WHEREAS, the Civil Service Commission of the State of New Jersey has promulgate a list of eligible candidates, who have qualified by competitive examination for appointment to the position of Fire Captain in the Bloomfield Fire Department of the Township of Bloomfield; and

 

              WHEREAS, Brian McDade appears on the list of eligible candidates; and

              WHEREAS, the Fire Chief recommends that Brian McDade be appointed to the  position of Fire Captain, effective May 17, 2012; and

 

WHEREAS, the Finance Director has certified that funding is available to promote this employee.

 

              NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Bloomfield, County of Essex, State of New Jersey, that Brian McDade be and is hereby appointed Fire Captain in the Fire Department of the Township of Bloomfield effective May 17, 2012 at the annual salary in effect in the salary ordinance.

 

              Vote showed the following:

 

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Nicholas Joanow, Second Ward Councilman

SECONDER:              Carlos Bernard, Third Ward Councilman

AYES:              Chalet, Joanow, Bernard, Venezia, O'Boyle Dunigan, Hamilton, McCarthy

 

              Councilman Venezia moved, and Councilwoman Dunigan seconded, the adoption of the following Resolution:

 

FIRE PROMOTION

 

              WHEREAS, a vacancy exist in the Bloomfield Fire Department in the position of Fire Captain; and

 

WHEREAS, the Civil Service Commission of the State of New Jersey has promulgate a list of eligible candidates, who have qualified by competitive examination for appointment to the position of Fire Captain in the Bloomfield Fire Department of the Township of Bloomfield; and

 

              WHEREAS, John Katinsky appears on the list of eligible candidates; and

              WHEREAS, the Fire Chief recommends that John Katinsky be appointed to the  position of Fire Captain, effective May 17, 2012; and

 

WHEREAS, the Finance Director has certified that funding is available to promote this employee.

 

              NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Bloomfield, County of Essex, State of New Jersey, that John Katinsky be and is hereby appointed Fire Captain in the Fire Department of the Township of Bloomfield effective May 17, 2012 at the annual salary in effect in the salary ordinance.

 

              Vote showed the following:

 

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Michael Venezia, Councilman at Large

SECONDER:              Peggy O'Boyle Dunigan, Councilwoman at Large

AYES:              Chalet, Joanow, Bernard, Venezia, O'Boyle Dunigan, Hamilton, McCarthy

 

              Councilwoman Dunigan moved, and Councilman Hamilton seconded, the adoption of the following Resolution:

 

FIRE PROMOTION

 

              WHEREAS, a vacancy exist in the Bloomfield Fire Department in the position of Fire Captain; and

 

WHEREAS, the Civil Service Commission of the State of New Jersey has promulgate a list of eligible candidates, who have qualified by competitive examination for appointment to the position of Fire Captain in the Bloomfield Fire Department of the Township of Bloomfield; and

 

              WHEREAS, David Flanagan appears on the list of eligible candidates; and

              WHEREAS, the Fire Chief recommends that David Flanagan be appointed to the  position of Fire Captain, effective May 17, 2012; and

 

WHEREAS, the Finance Director has certified that funding is available to promote this employee.

 

              NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Bloomfield, County of Essex, State of New Jersey, that David Flanagan be and is hereby appointed Fire Captain in the Fire Department of the Township of Bloomfield effective May 17, 2012 at the annual salary in effect in the salary ordinance.

 

              Vote showed the following:

 

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Peggy O'Boyle Dunigan, Councilwoman at Large

SECONDER:              Bernard Hamilton, Councilman at Large

AYES:              Chalet, Joanow, Bernard, Venezia, O'Boyle Dunigan, Hamilton, McCarthy

 

              Councilman Hamilton moved, and Councilman Chalet seconded, the adoption of the following Resolution:

 

FIRE PROMOTION

 

              WHEREAS, a vacancy exist in the Bloomfield Fire Department in the position of Fire Captain; and

 

WHEREAS, the Civil Service Commission of the State of New Jersey has promulgate a list of eligible candidates, who have qualified by competitive examination for appointment to the position of Fire Captain in the Bloomfield Fire Department of the Township of Bloomfield; and

 

              WHEREAS, Gerard Lynch appears on the list of eligible candidates; and

              WHEREAS, the Fire Chief recommends that Gerard Lynch be appointed to the  position of Fire Captain, effective May 17, 2012; and

 

WHEREAS, the Finance Director has certified that funding is available to promote this employee.

 

              NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Bloomfield, County of Essex, State of New Jersey, that Gerard Lynch be and is hereby appointed Fire Captain in the Fire Department of the Township of Bloomfield effective May 17, 2012 at the annual salary in effect in the salary ordinance.

 

              Vote showed the following:

 

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Bernard Hamilton, Councilman at Large

SECONDER:              Elias Chalet, First Ward Councilman

AYES:              Chalet, Joanow, Bernard, Venezia, O'Boyle Dunigan, Hamilton, McCarthy

 

              Councilman Chalet moved, and Councilman Joanow seconded, the adoption of the following Resolution:

 

FIRE PROMOTION

 

              WHEREAS, a vacancy exist in the Bloomfield Fire Department in the position of Fire Captain; and

 

WHEREAS, the Civil Service Commission of the State of New Jersey has promulgate a list of eligible candidates, who have qualified by competitive examination for appointment to the position of Fire Captain in the Bloomfield Fire Department of the Township of Bloomfield; and

 

              WHEREAS, Daniel Jacunski appears on the list of eligible candidates; and

              WHEREAS, the Fire Chief recommends that Daniel Jacunski be appointed to the  position of Fire Captain, effective May 17, 2012; and

 

WHEREAS, the Finance Director has certified that funding is available to promote this employee.

 

              NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Bloomfield, County of Essex, State of New Jersey, that Daniel Jacunski be and is hereby appointed Fire Captain in the Fire Department of the Township of Bloomfield effective May 17, 2012 at the annual salary in effect in the salary ordinance.

 

              Vote showed the following:

 

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Elias Chalet, First Ward Councilman

SECONDER:              Nicholas Joanow, Second Ward Councilman

AYES:              Chalet, Joanow, Bernard, Venezia, O'Boyle Dunigan, Hamilton, McCarthy

 


              Councilman Hamilton moved, and Councilman Chalet seconded, the adoption of the following Resolution:

 

RESOLUTION OF THE TOWNSHIP OF BLOOMFIELD, IN THE COUNTY OF ESSEX APPROVING AN AMENDMENT TO THE REDEVELOPMENT AGREEMENT AMENDING EXHIBIT “A”, THE CONCEPT PLAN FOR PHASE II FOR THE OAKES POND REDEVELOPMENT AREA

 

              WHEREAS, by resolution duly adopted on May 19, 2008, the Township of Bloomfield (the “Township”) designated a portion of the Township, consisting of the properties identified as Block 544, Lots 40 and 61 on the Township’s tax map (collectively, the “Oakes Pond Redevelopment Area”), as an area in need of redevelopment pursuant to the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. (the “Redevelopment Law”); and

 

              WHEREAS, by ordinance finally adopted on August 10, 2009, the Township approved and adopted a Redevelopment Plan for the redevelopment of the Oakes Pond Redevelopment Area (the “Redevelopment Plan”); and

 

              WHEREAS, Bloomfield Belleville Associates Urban Renewal, LLC, with offices located at 820 Morris Turnpike, Short Hills, New Jersey 07078 (“BBAUR”) is the record owner of a portion of the Oakes Pond Redevelopment Area and the contract purchaser of the balanced thereof; and

 

              WHEREAS, on September 19, 2011, the Township and BBAUR entered into that certain redevelopment agreement for the redevelopment of the Redevelopment Area (the “Redevelopment Agreement”); and

 

              WHEREAS, upon the execution of the Redevelopment Agreement, the Township approved Concept Plans for Phase I and Phase II (as each term is defined in the Redevelopment Agreement) of the redevelopment of the Oakes Pond Redevelopment Area, which Concept Plans are attached to the Redevelopment Agreement as Exhibit A; and

 

              WHEREAS, a wireless communication facility is currently located on the portion of the Redevelopment Area consisting of Block 544, Lot 40; and

 

              WHEREAS, the parties always contemplated that the redevelopment of the Redevelopment Area would include the relocation of such wireless communication facility to a less conspicuous location within the project; and

 

              WHEREAS, BBAUR has completed engineering work to determine the least conspicuous location for such facility within the scope of the previously-approved project; and

 

              WHEREAS, in accordance with Section 3.3.4.1 of the Redevelopment Plan, the Mayor and Council hereby approve an amendment to the Redevelopment Agreement amending Exhibit “A” to the Concept Plan for Phase II (the “Amended Phase II Concept Plan”), a copy of which is attached hereto as Exhibit 1, to provide for the relocation of the wireless communication facility as depicted therein.

 

              WHEREAS, BBAUR has consented to this amendment to the Redevelopment Agreement.

 

              NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED, by the Mayor and Council of Township of Bloomfield, in the County of Essex and the State of New Jersey, as follows:

 

              Section 1.               The aforementioned recitals are incorporated herein as though fully set forth at length.

             

              Section 2.              The Amended Phase II Concept Plan is hereby approved.

 

              Vote showed the following:

 

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Bernard Hamilton, Councilman at Large

SECONDER:              Elias Chalet, First Ward Councilman

AYES:              Chalet, Joanow, Bernard, Venezia, O'Boyle Dunigan, Hamilton, McCarthy

 

              Councilman Joanow moved, and Councilman Bernard seconded, the adoption of the following Resolution:

 

PUBLIC AGENCY COMPLIANCE OFFICER FOR THE TOWNSHIP OF BLOOMFIELD

 

              WHEREAS, the State of New Jersey, Department of the Treasury, Division of Contract Compliance and Equal Opportunity in the Public Contracts Agency requires that all municipalities designate a Public Agency Compliance Officer; and

 

              WHEREAS, the Township of Bloomfield desires Yoshi Manale, Township Administrator, to serve in such position so that the Township will be in compliance with the State Law.

 

              NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Bloomfield, County of Essex, State of New Jersey that Yoshi Manale, Township Administrator is designated and appointed as the Township of Bloomfield Public Agency Compliance Officer (P.A.C.O) effective May 17, 2012.

 

              Vote showed the following:

 

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Nicholas Joanow, Second Ward Councilman

SECONDER:              Carlos Bernard, Third Ward Councilman

AYES:              Chalet, Joanow, Bernard, Venezia, O'Boyle Dunigan, Hamilton, McCarthy

 

              Councilwoman Dunigan moved, and Councilman Venezia seconded, the adoption of the following Resolution:

 

PART-TIME LABORER

 

              WHEREAS, the Township of Bloomfield’s Department of Works needs to hire part-time temporary staff members that will work from April 24, 2012 until November 6, 2012; and

 

WHEREAS, the employees will be paid through the New Jersey Department of Labor and Workforce Development and shall not be a burden to the Township budget; and

 

WHEREAS, Anthony Johnson Jenkins will work at the rate of $17.69/per hour and will not receive health benefits as a temporary part-time employee; and

 

WHEREAS, the Director of Finance has indicated that funding is available for this position subject to the conditions in the attached Department of Labor and Workforce Development Agreement.

 

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Township of Bloomfield, County of Essex, State of New Jersey hereby hires Anthony Johnson as a part-time temporary employee starting April 24, 2012 until November 6, 2012 subject to the conditions contained this resolution; and

 

BE IT FURTHER RESOLVED that this temporary appointment will automatically terminate on November 6, 2012 without any further action by the Mayor and Council.

 

Vote showed the following:

 

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Peggy O'Boyle Dunigan, Councilwoman at Large

SECONDER:              Michael Venezia, Councilman at Large

AYES:              Chalet, Joanow, Bernard, Venezia, O'Boyle Dunigan, Hamilton, McCarthy

 

              Councilman Venezia moved, and Councilman Hamilton seconded the adoption of the following Resolution:

 

BUDGET INTRODUCTION RESOLUTION

 

              WHEREAS, the Township Administrator recommends that the Mayor and Council introduce the attached budget; and

 

WHEREAS, based upon the Township Administrator’s recommendation the Mayor and Council of the Township of Bloomfield, County of Essex, State of New Jersey desires to approve the local municipal budget for the Fiscal Year 2012.

 

              NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Township of Bloomfield hereby approves the following as the Budget for the Fiscal Year 2012; and

 

BE IT FURTHER RESOLVED, that the following statement of revenues and appropriations shall constitute the Municipal Budget for the year 2012; and

 

              BE IT FURTHER RESOLVED, that the Clerk shall publish the budget as required by law.

                                          AYES:                            NAYS:                            ABSTAINED:

                                                 

                                          Chalet

RECORDED                            Joanow                                         

VOTE                                          Bernard

                                          Venezia

                                          Dunigan

                                          Hamilton

                                          McCarthy

             

ABSENT:                            None

                                                                                                                             

                           

              A Hearing on the Budget and Tax Resolution will be held in the Council Chambers, Municipal Building on June 4, 2012 at 7:30 o’clock p.m. at which time and place objection to said Budget and Tax Resolution for the year 2012 may be presented by taxpayers or other interested persons.

 

General Appropriation for: Municipal Appropriations within “CAPS”

$59,769,933.00

 

 

Municipal Appropriations Excluded from “CAPS”

$  9,602,318.58

 

 

Reserve for Uncollected Taxes TOTAL GENERAL APPROPRIATIONS

$  3,169,000.00 $72,541,251.58

 

 

Less: Anticipated Revenues Other Than Current Property Taxes

$16,029,544.90

 

 

Amount to be Raised by Taxes for Support of Municipal Budget

$54,993,890.68

 

 

Library

$1,517,816.00

 

              The Municipal Clerk then stated that the Public Hearing on the Budget would be held at 7:00 p.m. on June 4, 2011.

 

              Vote showed the following:

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Michael Venezia, Councilman at Large

SECONDER:              Bernard Hamilton, Councilman at Large

AYES:              Chalet, Joanow, Bernard, Venezia, O'Boyle Dunigan, Hamilton, McCarthy

 

XIII.              Unfinished Business

              Mayor McCarthy stated that there was no Unfinished Business to be discussed.

             

XIV.              New Business

 

              Mayor McCarthy called for New Business.

 

              Councilman Chalet moved, and Councilman Joanow seconded, the granting of licenses to the following:

 

LICENSES FOR MAY 7, 2012

 

MASSAGE/BODY WORK/SOMATIC THERAPIST (INDIVIDUAL)

 

Tiffany Bizub

40 High Street

Glen Ridge, New Jersey 07028

(New - Flic Spa)

 

DANCE HALL (DANCE FLOOR) LICENSE

 

The Essex Manor

41 Broughton Avenue

Bloomfield, New Jersey 07003

(Renewal)

 

LIMOUSINE & LIVERY LICENSE (OWNER)

 

MC Transportation LLC

167 Washington Street

Bloomfield, New Jersey 07003

(New)

 

Hanan F. Abdelhakim d/b/a

Hanan Abdelhakim

98 Curtis Street

Bloomfield, New Jersey 07003

(Renewal)

 

LIMOUSINE OPERATOR’S LICENSE

 

Julio Cruz

167 Washington Street

Bloomfield, New Jersey 07003

(New - MC Transportation LLC)

 


Amer Hesham

116 Stuyvesant Avenue

Apartment 3

Jersey City, New Jersey 07306

(New - Hanan Abdelhakim)

 

TAXICAB OPERATOR’S LICENSE

 

Charles Demesvar

278 Midland Avenue

East Orange, New Jersey 07017

(New)

 

Richard W. Zaengle, Jr.

53 Stomac Road

North Haledon, New Jersey 07508

(New)

 

              Vote showed the following:

 

                            Councilman Chalet – Yes                            Councilman Venezia – Yes

                            Councilman Joanow – Yes                            Councilwoman Dunigan – Yes

                            Councilman Bernard – Yes                            Councilman Hamilton – Yes

                                                                      Mayor McCarthy - Yes             

 

              Mayor McCarthy stated that Resolution No. 8 introduced and voted upon earlier was incorrect in that it should be for a "full-time temporary laborer".  The Township Attorney, Brian Aloia, stated that the Resolution had been written incorrectly and then read aloud the corrected Resolution below:

 

FULL-TIME LABORER

 

              WHEREAS, the Township of Bloomfield’s Department of Works needs to hire full-time temporary staff members that will work from April 24, 2012 until November 6, 2012; and 

 

              WHEREAS, the employees will be paid through the New Jersey Department of Labor and Workforce Development and shall not be a burden to the Township budget; and

 

              WHEREAS, Anthony Johnson Jenkins will work at the rate of $17.69/per hour and will not receive health benefits as a temporary full-time employee; and

 

              WHEREAS, the Director of Finance has indicated that funding is available for this position subject to the conditions in the attached Department of Labor and Workforce Development Agreement.

 

              NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Township of Bloomfield, County of Essex, State of New Jersey hereby hires Anthony Johnson as a full-time temporary employee starting April 24, 2012 until November 6, 2012 subject to the conditions contained this resolution; and

              BE IT FURTHER RESOLVED that this temporary appointment will automatically terminate on November 6, 2012 without any further action by the Mayor and Council.

 

              Mayor McCarthy asked for a roll call vote from the Council on amended Resolution.

 

              Vote showed the following:

 

                            Councilman Chalet - Yes                            Councilman Venezia - Yes

                            Councilman Joanow - Yes                            Councilwoman Dunigan - Yes

                            Councilman Bernard - Yes                            Councilman Hamilton - Yes

                                                                      Mayor McCarthy - Yes

 

              Councilman Bernard moved the request of the Township Engineer for an Ad Authorization for Intersection Improvements at the corner of Montgomery Street and JFK Drive, which was seconded by Councilwoman Dunigan.

 

              Vote showed the following:

 

                            Councilman Chalet - Yes                            Councilman Venezia - Yes

                            Councilman Joanow - Yes                            Councilwoman Dunigan - Yes

                            Councilman Bernard - Yes                            Councilman Hamilton - Yes

                                                        Mayor McCarthy Yes

 

              Mayor McCarthy then stated that the next item on the agenda entitled, "Liongate/Scientific Glass" should not be on the agenda because of some ambiguity concerning deadlines associated with the adoption of a Resolution by the Council.

 

              Councilman Joanow stated that there were in fact deadlines associated with the adoption of a Resolution regarding this location, after which Councilman Joanow read aloud, in its' entirety, the letter he proposed be sent to Trenton concerning the location:

 

"New Jersey Department of Environmental Protection Agency

Bureau of Land Use Regulation Program

501 East State Street

P.O. Box 420

Trenton, NJ 08625

 

Attention: Section Chief Northern District: Rick Reilly

                                                           
RE: Block 871, Lots 55; 8 Liongate Drive, Bloomfield , N.J.

[Scientific Glass/Liongate]

 

We the Council members of the Township of Bloomfield strongly recommend that you reject the 5 year extension of the Freshwater Wetlands Permit that is being reviewed by your department.

 

The construction of 104 condominiums on a 100 year F.E.M.A. designated flood plain/wetland located in the Lower Passaic River Basin that has a long and well documented history of flooding. This has been noted by the Army Corps of Engineers, F.E.M.A and the latest report issued by Governor Christie.[ Executive Order 23 ]

 

The Army Corps of Engineers has stated that “Development in the floodplain increases future property losses, threatens the economic stability of communities and puts public health and safety at risk.

 

The Passaic River Advisory Commission has issued a 15 point plan to mitigate flooding. Two specific points which are critical include updated flood maps and a moratorium on all new development in the Passaic River Basin. Therefore local land use decisions within the Passaic River Basin continue to exacerbate flooding and flood damages.

 

The proposed construction is at Block 871, Lots 55; 8 Liongate Drive, Bloomfield, N.J., between Spring Brook, which is a tributary of the Third River. This area is now flooding with greater frequency due to rapid overdevelopment in the Third River basin which includes the ongoing construction of more than 800 condos next to its headwaters (start of the river) just four or five miles upstream from our Brookdale neighborhood. In addition this does not include the 69 condominiums which are presently on this site.

 

Within the past six  years alone, parts of Lakewood Drive that are theoretically outside the flood zone have twice gone under up to 18 inches of water and neighboring properties are suffering accelerating  riverbank erosion. We are deeply concerned that this development will put our homes and our business district at a much greater risk for even worse flooding. This will negatively impact economically on our business district as well as our health and safety. Since this area has been inundated twice what would be the result of additional development in an area with a pre-existing problem already in place?

 

This development runs completely counter to all public declarations DEP has made in the past year or two regarding flood mitigation in the state. We know that the 30-year-old Third River flood map that DEP is using to evaluate this application is flawed and outdated. In the interest of public safety, these flaws warrant correction before the department issues any permits to develop at this flood-prone site. We are asking the DEP to come to Bloomfield to see the site first hand and to hear our concerns about the true nature of flooding in the neighborhood.

 

Sincerely,"

 

              Councilman Bernard stated that he would like to second the motion so that a determination on the site could be issued by the State.

 

              Councilman Joanow and Mayor McCarthy thereafter discussed the matter at length.

 

              Councilman Hamilton stated that if there were concerns with the site that the matter should be referred back to the Planning Board, to which both Councilman Joanow and Mayor McCarthy responded.

 

              Brian Aloia, the Township Attorney, then read aloud the proposed Resolution:

 

              WHEREAS, the Council majority believes that the proposed development known as 8 Lion Gate Drive as described in the attached letter, is not in the best interest of the Township.

 

              NOW               THEREFORE BE IT RESOLVED, that the Council majority directs the Township Administrator to send the attached letter to the NJ Department of Environmental Protection Agency, to assure the Council majority's opinion on this issue is known to the NJ Department of Environmental Protection Agency.

 

              Vote on adopting the Resolution and submitting the letter to the Department of Environmental Protection Agency showed the following:

 

RESULT:              ADOPTED [4 TO 3]

MOVER:              Nicholas Joanow, Second Ward Councilman

SECONDER:              Carlos Bernard, Third Ward Councilman

AYES:              Elias Chalet, Nicholas Joanow, Carlos Bernard, Michael Venezia

NAYS:              Peggy O'Boyle Dunigan, Bernard Hamilton, Raymond McCarthy

 

 

XV.              Miscellaneous

 

              Mayor McCarthy stated that there was one item which needed to be addressed before the meeting was adjourned.

 

              Thereafter, Mayor McCarthy called Michelle Davidson to the podium, who was then sworn in as a member of the Bloomfield Cultural Commission by the Mayor.

 

XVI.              Adjournment

 

              There being no further business to discuss, Mayor McCarthy asked for a Motion to Adjourn the Meeting.

 

              Councilman Joanow moved to adjourn the meeting, which was seconded by Councilman Bernard, and agreed to by all of the Councilmembers.  The meeting was adjourned at 8:09 p.m.

 

Respectfully submitted,

 

 

 

______________________________

Louise M. Palagano, Municipal Clerk