MINUTES FOR BLOOMFIELD TOWNSHIP Regular Meeting

Monday, June 4, 2012

7:00 PM – Council Chambers, 1 Municipal Plaza, 2nd Floor, Municipal Building

 

 

 

 

 

 

 

 

 

I.              Call to Order

              Tenth Regular Meeting of the Township Council.

 

              The meeting commenced at 7:06 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 Meetings 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 the 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

Absent

 

Peggy O'Boyle Dunigan

Councilwoman at Large

Present

 

Bernard Hamilton

Councilman at Large

Present

 

Raymond McCarthy

Mayor

Present

 

 

              Also present were the following:

 


Louise M. Palagano, Municipal Clerk

Yoshi Manale, Township Administrator

Paul Lasek, Township Engineer

Brian Aloia, Township Attorney

 

II.              Proclamations

              Mayor McCarthy read aloud the following Proclamation:

 

2012 FLAG DAY AND NATIONAL FLAG WEEK

 

              WHEREAS; on June 14, 1777, the Second Constitutional Congress adopted a flag with thirteen stripes and thirteen stars to represent our Nation, one star for each of our founding colonies. The stars were set upon a blue field, in the words of the Congress's resolution, "representing a new constellation" in the night sky. What was then a fledgling democracy has flourished and expanded, as we constantly strive toward a more perfect Union.

              WHEREAS; through the successes and struggles we have faced, the American flag has been ever present. It has flown on our city, federal and government buildings, ships and military bases around the world as we continue to defend liberty and democracy abroad. It has been raised in yards and on porches across America on days of celebration, and as a sign of our shared heritage. And it is lowered on days of remembrance to honor fallen service members and public servants; or when tragedy strikes and we join together in mourning. Our flag is the mark of one country, one people, uniting under one banner.

              WHEREAS; when the American flag soars, so too does our Nation and the ideals it stands for. We remain committed to defending the liberties and freedoms it represents, and we give special thanks to the members of the Fire, Police and Armed Forces, who wear our flag proudly. On Flag Day, and during National Flag Week, we celebrate the powerful beacon of hope that our flag has become for us all, and for people around the world.

              NOW, THEREFORE, I, RAYMOND J. McCARTHY , Mayor along with members of the Council, do hereby proclaim the week of June 14 2012 as; Flag Day and the week beginning June 11,2012 as; National Flag week and request calling upon residents, schools, churches, neighborhood, civic groups and business to come together to show and support by displaying the flag with pride and all due ceremony those days from Flag Day through Independence Day, as a time to honor America, to celebrate our heritage in public.

PRESENTATION – LAW DEPARTMENT

              Mayor McCarthy then introduced Brian Aloia, the Township Attorney, who took the microphone to present to the Mayor, Councilmembers, and members of the audience a brief overview of the Township's Law Department, and explained the duties of each attorney assigned to the Department.

 

III.              Minutes Approval

 

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

 

              Councilman Chalet moved, and Councilman Joanow seconded, the approval of the Minutes of the May 7, 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, O'Boyle Dunigan, Hamilton, McCarthy

ABSENT:              Michael Venezia

 

IV.              Opening and Reading of Bids

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

 

V.              Administrative Agenda Presented by the Township Administrator

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

 

VI.              Reports of Special Council Committees

              Mayor McCarthy stated that there were two appointments to made under the Reports of Special Council Committees.

 

              Councilman Hamilton moved, and Councilman Chalet seconded, the appointment of Joyce Hilton and Roberta Petrik to the Recycling Committee.

 

              Vote showed the following:

 

                            Councilman Chalet - Yes              Councilman Venezia - Absent

                            Councilman Joanow - Yes              Councilwoman Dunigan - Yes

                            Councilman Bernard - Yes              Councilman Hamilton - Yes

                                                        Mayor McCarthy Yes

 

              Thereafter, both Joyce Hilton and Roberta Petrik were sworn in as members of the Recycling Committee by Councilman Hamilton.

 

VII.              Communications

              Mayor McCarthy called for Communications.

 

              The Municipal Clerk stated that five written communications had been received.  She then read a synopsis of each.  The first was a letter from Environmental Resources Management dated May 18, 2012 regarding 104 Orange Street, Bloomfield, New Jersey, in which the professional opinion of the company was given indicating that all remediation at the location had been completed.  The second letter was dated May 24, 2012 from Andrew Rubin, an attorney located in Montclair, New Jersey, advising the Township of a potentially dangerous condition regarding a tree located at property adjacent to 72 Hyde Road, Bloomfield, New Jersey.  The third was a letter dated May 29, 2012 from Hatch Mott MacDonald in which notice was that the New Jersey Turnpike Authority had submitted the Classification Exception Area Biennial Certification for Milepost 153 Northbound of the Garden State Parkway located in Bloomfield, New Jersey.  The fourth was a notice that Newco Properties, LLC had made application to the Township's Planning Board for an informational meeting to be held on June 7, 2012 concerning the placement of hydraulic parking lifts on an off-site parking lot located at 276-278 Newark Avenue.  The last was an email dated June 2, 2012 from Mary Shaughnessy asking that the Mayor, Councilmembers and public attend an "Education Town Hall and Panel Discussion" scheduled for June 12, 2012 at the Bloomfield Board of Education which would explore how the state proposed budgets initiatives put forth by the Governor would impact the Township.

 

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

 

              Mr. Edward Brasseur, 124 Lindbergh Boulevard, Bloomfield, New Jersey, took the microphone and spoke briefly about his anticipated tax increase due to the newly adopted Board of Education Budget, and the anticipated passing of the 2012 Municipal Budget, as well as recent comments by members of the Council.

 

              Mayor McCarthy thanked Mr. Brasseur for his comments, and asked for a motion to close the oral portion of the meeting.  Councilwoman Dunigan so moved, and the motion was seconded by Councilman Hamilton.

 

              Vote showed the following:

 

                            Councilman Chalet - Yes              Councilman Venezia Absent

                            Councilman Joanow - Yes              Councilwoman Dunigan - Yes

                            Councilman Bernard - Yes              Councilman Hamilton - Yes

                                                        Mayor McCarthy - Yes

PUBLIC HEARING ON THE 2012 MUNICIPAL BUDGET

              Mayor McCarthy then opened the Public Hearing on the 2012 Municipal Budget and asked for a motion to open the Hearing on the Budget.

 

              Councilman Chalet moved that the Budget Hearing be opened, which was seconded by Councilman Joanow.

 

              The Municipal Clerk stated that this was the time fixed for the public hearing on the Municipal Budget and Tax Resolution for 2012.  The Municipal Clerk stated that the Budget had been approved by the Governing Body on May 7, 2012, that it was advertised as required by law on May 17, 2012, together with notice of the date and time of hearing.

 

              The Municipal Clerk stated that printed copies had been made available to the public during the past week, and indicated that copies had been placed outside the Council Chambers in the event a member of the public wished a copy.

 

              Mayor McCarthy stated that anyone who had not secured a copy of the Budget could do so now.

 

              Vote to open the Hearing on the Budget showed the following:

 

                            Councilman Chalet - Yes              Councilman Venezia - Absent

                            Councilman Joanow - Yes              Councilwoman Dunigan - Yes

                            Councilman Bernard - Yes              Councilman Hamilton - Yes

                                                        Mayor McCarthy - Yes

 

              Mayor McCarthy then proceeded to outline the procedure.  He informed the Council and public and each person who desired to be heard would rise and give his or her name and address before speaking.  He informed everyone that only one speaker at a time would be recognized, and would be called upon in the order of their rising, as nearly as could be determined.

 

              The Mayor stated that all questions should be addressed to the Chair, and that, where necessary, the question would be referred to an individual member of the Governing Body or Municipal Official for a response.

 

              The Mayor stated that all questions must be confined solely to the Municipal Budget before the Council; school or County matter were not proper subject of the Hearing and would not be discussed.

 

              The Mayor then declared the Public Hearing on the Municipal Budget and Tax Resolution for 2012 open.

 

              Russell Mollica, 179 Stonehouse Road, Bloomfield, New Jersey, took the microphone and asked the Mayor and Council where he would be able to find the details of the budget, to which Township Administrator Yoshi Manale responded.

 

              Mayor McCarthy stated that because there were no additional members of the public wishing to be heard, he would entertain a motion to close the hearing.

 

              Councilman Chalet moved to close the hearing, which was seconded by Councilman Joanow.

 

              Vote showed the following:

 

                            Councilman Chalet - Yes              Councilman Venezia - Absent

                            Councilman Joanow - Yes              Councilwoman Dunigan - Yes

                            Councilman Bernard - Yes              Councilman Hamilton - Yes

                                                        Mayor McCarthy - Yes

             

              Councilman Hamilton then moved that the following Resolution Amending the Municipal Budget for 2012 be adopted, which was seconded by Councilwoman Dunigan.

 

              Prior to calling for the vote to adopt the Resolution, Mayor McCarthy stated that the amendment was necessary because the Township had received grant money that needed to be inserted into the budget before the budget could be adopted.

2012 RESOLUTION - MUNICIPAL BUDGET AMENDMENT

 

TOWNSHIP OF BLOOMFIELD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

COUNTY OF ESSEX

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

RESOLUTION TO AMEND BUDGET

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

WHEREAS, the Local Municipal Budget for the Year 2012 was approved on the 7th day of May, 2012, and

 

 

 

 

 

 

 

 

 

 

 

WHEREAS, the public hearing on said Budget has been held as advertised, and

 

 

 

 

 

 

 

 

 

 

 

 

 

WHEREAS, it is desired to amend said approved Budget, now

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

THEREFORE, BE IT RESOLVED, by the Governing Body of the Township of Bloomfield, County of Essex,

that the following amendment to the approved Budget of 2012 be made:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(

 

 

 

(

 

 

 

 

 

(

 

(

Abstained

(

 

 

 

 

 

(

 

(

 

(

 

 

Recorded Vote

Ayes

(

Nays

 

 

 

 

 

 

 

(

 

(

 

 

 

 

 

 

(

 

(

Absent

 

 

 

 

 

(

 

 

 

(

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

From

 

To

 

 

 

 

 

 

 

 

 

 

General Revenues

 

 

 

 

 

 

 

3. Miscellaneous Revenues - Section F: Special Items

 

 

 

 

 

      of General Revenue Anticipated with Prior Written

 

 

 

 

 

      Consent of Director of Local Government Services - Public

 

 

 

 

      and Private Revenues Offset with Appropriations:

 

 

 

 

 

           Clean Communities Program

 

 

 

          $        -                   

$       61,148.20

           Municipal Alliance on Alcoholism and Drug Abuse

 

-

 

         36,000.00

           Recreational Opportunities for Individuals with Disabilities

 

-

 

           8,750.00

 

 

 

 

 

 

 

 

 

 

 

Total Section F:  Special Items of General Revenue

 

 

 

 

 

  Anticipated with Prior Written Consent of Director of

 

 

 

 

 

  Local Government Services - Public and Private Revenues

 

      1,395,478.58

 

     1,501,376.78

 

 

 

 

 

 

 

 

 

 

Summary of Revenues

 

 

 

 

 

 

 

3. Miscellaneous Revenues:

 

 

 

 

 

 

 

Total Section F:  Special Items of General Revenue Anticipated with

 

 

 

 

                            Prior Written Consent of Director of Local Govern-

 

 

 

 

                            ment Services - Public and Private Revenues

      1,395,478.58

 

     1,501,376.78

 

 

 

 

 

 

 

 

 

 

 

Total Miscellaneous Revenues

 

 

 

     11,029,544.90

 

   11,135,443.10

 

 

 

 

 

 

 

 

 

 

5. Sub-Total General Revenues (Items 1, 2, 3 and 4)

 

 

     16,029,544.90

 

   16,135,443.10

 

 

 

 

 

 

 

 

 

 

7. TOTAL GENERAL REVENUES

 

 

 

$  72,541,251.58

 

$72,647,149.78

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

8. General Appropriations

 

 

 

 

 

 

 

    (A) Operations - Excluded from "CAPS":

 

 

 

 

 

 

             Public and Private Programs Offset by Revenues:

 

 

 

 

                 Clean Communities

 

 

 

          $         -                   

$       61,148.20

                 Municipal Alliance on Alcoholism and Drug Abuse:

 

 

 

 

                     State Share

 

 

 

-

 

         36,000.00

                 Recreational Opportunities for Individuals with Disabilities:

 

 

 

                     State Match

 

 

 

-

 

           8,750.00

              Total Public and Private Programs Offset by Revenues

 

      1,058,278.58

 

     1,164,176.78

 

 

 

 

 

 

 

 

 

 

         Total Operations - Excluded from "CAPS"

 

 

      6,632,418.58

 

     6,738,316.78

 

 

 

 

 

 

 

 

 

 

         Detail:

 

 

 

 

 

 

 

 

             Other Expenses

 

 

 

 

      6,512,566.58

 

     6,618,464.78

 

 

 

 

 

 

 

 

 

 

  (H-2) Total General Appropriations for Municipal Purposes

 

 

 

 

             Excluded from "CAPS"

 

 

 

      9,602,318.58

 

     9,708,216.78

 

 

 

 

 

 

 

 

 

 

     (O) Total General Appropriations - Excluded from "CAPS"

 

      9,602,318.58

 

     9,708,216.78

 

 

 

 

 

 

 

 

 

 

      (L) Sub-Total General Appropriations {Items (H-1) and (O)}

 

     69,372,251.58

 

   69,478,149.78

 

 

 

 

 

 

 

 

 

 

9. TOTAL GENERAL APPROPRIATIONS

 

 

 

$  72,541,251.58

 

$72,647,149.78

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

From

 

To

 

 

 

 

 

 

 

 

 

 

8. General Appropriations

 

 

 

 

 

 

 

    Summary of Appropriations

 

 

 

 

 

 

    (A)    Operations - Excluded from "CAPS"

 

 

 

 

 

             Public and Private Programs Offset by Revenues

 

$    1,058,278.58

 

$  1,164,176.78

               Total Operations - Excluded from "CAPS"

 

 

      6,632,418.58

 

     6,738,316.78

 

 

 

 

 

 

 

 

 

 

    Total General Appropriations

 

 

 

$  72,541,251.58

 

$72,647,149.78

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BE IT FURTHER RESOLVED, that two certified copies of this resolution be filed in the Office of the Director

of the Division of Local Government Services for his certification of the 2012 Local Municipal Budget, so amended.

 

Mayor McCarthy asked the Municipal Clerk to poll the Council.  Vote showed the following:

 

 

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Bernard Hamilton, Councilman at Large

SECONDER:              Peggy O'Boyle Dunigan, Councilwoman at Large

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

ABSENT:              Michael Venezia

              Mayor McCarthy stated that the Resolution was adopted.

              Councilwoman Dunigan then asked the Mayor to instruct the Municipal Clerk to read Section 2, the Adopting Resolution for the Budget.

              The Municipal Clerk then read aloud Section 2 of the Adopting Resolution for the Budget.

2012 RESOLUTION - MUNICIPAL BUDGET ADOPTION

 

SECTION 2 - UPON ADOPTION FOR YEAR 2012

(Only to be Included in the Budget as Finally Adopted)

 

 

 

 

 

 

 

 

 

 

 

 

 

       Be it resolved by the

Governing Body

of the

Township of Bloomfield

,    County of

Essex

that the budget hereinbefore set

forth is hereby adopted and shall constitute an appropriation for the purposes stated in the sums therein set forth as appropriations, and authorization of the amount of:

 

 

 

 

 

 

 

 

 

 

 

 

 

(a) $

54,993,890.68

(Item 2 below) for municipal purposes; and

 

 

 

 

 

 

 

 

(b) $

 

(Item 3 below) for school purposes in Type I School Districts only (N.J.S. 18A:9-2) to be raised by taxation; and

 

 

(c) $

 

(Item 4 below) to be added to the certificate of amount to be raised by taxation for local school purposes in Type II School Districts only

 

 

       (N.J.S. 18A:9-3) and certification to the County Board of Taxation of the following summary of general revenues and appropriations.

(d) $

208,428.00

Sheet 43) Open Space, Recreation, Farmland and Historic Preservation Trust Fund Levy.

 

 

 

 

(e) $

1,517,816.00

Sheet 38) Minimum Library Levy.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

RECORDED VOTE

Ayes

 

Nays

 

 

Abstained

 

 

Absent

 

 

(Insert last name)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SUMMARY OF REVENUES

1.  GENERAL REVENUES

 

 

 

 

 

 

 

 

 

 

 

               Surplus Anticipated

 

 

 

 

 

 

 

 

08-100

$

3,000,000.00

               Miscellaneous Revenues Anticipated

 

 

 

 

 

 

 

13-099

$

11,135,443.10

               Receipts from Delinquent Taxes

 

 

 

 

 

 

 

15-499

$

2,000,000.00

2.  AMOUNT TO BE RAISED BY TAXATION FOR MUNICIPAL PURPOSES (Item 6(a), Sheet 11)

 

 

 

07-190

$

54,993,890.68

3.  AMOUNT TO BE RAISED BY TAXATION FOR SCHOOLS IN TYPE 1 SCHOOL DISTRICTS ONLY:

 

 

 

 

 

 

               Item 6, Sheet 42

 

 

 

 

 

 

07-195

$

 

 

 

               Item 6(b), Sheet 11 (N.J.S. 40A:4-14)

 

 

 

 

 

07-191

$

 

 

 

                       Total Amount to be Raised by Taxation for Schools in Type 1 School Districts Only

 

 

 

 

 

 

4.  TO BE ADDED TO THE CERTIFICATE FOR AMOUNT TO BE RAISED BY TAXATION FOR SCHOOLS IN TYPE II SCHOOL DISTRICTS ONLY:

 

 

               Item 6(b), Sheet 11 (N.J.S. 40A:4-14)

 

 

 

 

 

 

 

07-191

$

 

5.   AMOUNT TO BE RAISED BY TAXATION MINIMUM LIBRARY LEVY

 

 

 

 

 

07-192

 

1,517,816.00

                       Total Revenues

 

 

 

 

 

 

 

 

13-299

$

72,647,149.78

Sheet 41

SUMMARY OF APPROPRIATIONS

5.  GENERAL APPROPRIATIONS:

 

 

 

 

 

 

 

x

x

 

       Within "CAPS"

 

 

 

 

 

 

 

 

x

x

 

               (a&b) Operations Including Contingent

 

 

 

 

 

 

30001-00

$

52,415,672.00

               (e) Deferred Charges and Statutory Expenditures - Municipal

 

 

 

 

 

30004-00

$

7,354,261.00

               (g) Cash Deficit

 

 

 

 

 

 

 

 

46-885

$

 

       Excluded from "CAPS"

 

 

 

 

 

 

 

 

x

x

 

               (a) Operations - Total Operations Excluded from "CAPS"

 

 

 

 

 

60023-00

$

6,738,316.78

               (c) Capital Improvements

 

 

 

 

 

 

 

60002-00

$

449,200.00

               (d) Municipal Debt Service

 

 

 

 

 

 

 

60003-00

$

2,245,628.00

               (e) Deferred Charges - Municipal

 

 

 

 

 

 

 

60024-00

$

275,072.00

               (f) Judgments

 

 

 

 

 

 

 

 

37-480

$

 

               (n) Transferred to Board of Education for Use of Local Schools (N.J.S. 40:48-17.1 & 17.3)

 

 

 

29-405

$

 

               (g) Cash Deficit

 

 

 

 

 

 

 

 

46-885

$

 

               (k) For Local District School Purposes

 

 

 

 

 

 

60008-00

$

 

               (m) Reserve for Uncollected Taxes

 

 

 

 

 

 

 

50-899

$

3,169,000.00

6.  SCHOOL APPROPRIATIONS - TYPE I SCHOOL DISTRICTS ONLY (N.J.S. 40A:4-13)

 

 

 

 

60010-00

$

 

               Total Appropriations

 

 

 

 

 

 

 

 

30000-00

$

72,647,149.78

 

 

 

 

 

 

 

 

 

 

 

 

 

It is hereby certified that the within budget is a true copy of the budget finally adopted by resolution of the Governing Body on the 4th day of June, 2012.

 

It is further certified that each item of revenue and appropriation is set forth in the same amount and by the same title as appeared in the 2012 approved budget and

all amendments thereto, if any, which have been previously approved by the Director of Local Government Services.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Certified by me this

4th

day of

June

, 2012

 

 

 

 

 

 

 

 

 

 

 

 

 

Clerk

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

              Councilwoman Dunigan then moved the foregoing Resolution and its adoption, which was seconded by Councilman Hamilton.

 

              Mayor McCarthy asked the Municipal Clerk to poll the Council.  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, O'Boyle Dunigan, Hamilton, McCarthy

ABSENT:              Michael Venezia

              Mayor McCarthy stated that the Resolution was adopted.

 

VIII.              Introduction of Proposed Ordinances on First Reading

 

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

 

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

 

AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 387 OF THE BLOOMFIELD TOWNSHIP CODE, PROVIDING PARKING FOR PHYSICALLY LIMITED PERSONS (11 JEFFERSON AVENUE, 21 FLOYD AVENUE, 76 STATE STREET)

 

              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 387, entitled: “PARKING FOR HANDICAPPED”, Section 387-4A “Enumeration of restricted parking areas”, of the Code of the Township of Bloomfield is hereby amended by the addition of the following:

(428) Beach Street, south side, starting at a point 56 feet east of the easterly curb line of Broad  Street and running 20 feet east there from (10 Park Avenue #2).

 

(429) Jefferson Avenue, north side, starting at a point 148 feet west of the westerly curb line of Grove Street and running 20 south there from (11 Jefferson Avenue).

 

(430) Floyd Avenue, north side, starting at a point 168 feet east of the easterly curb line of Grove Street and running 20 south there from (21 Floyd Avenue).

 

(431) State Street, west side, starting at a point 139 feet south of the southerly curb line of Park Avenue and running 20 south there from (76 State Street).

              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: 6/18/2012 7:00 PM

MOVER:              Nicholas Joanow, Second Ward Councilman

SECONDER:              Carlos Bernard, Third Ward Councilman

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

ABSENT:              Michael Venezia

 

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

 

BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS OF THE TOWNSHIP OF BLOOMFIELD, IN THE COUNTY OF ESSEX, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $3,194,500 THEREFORE AND AUTHORIZING THE ISSUANCE OF $3,034,775 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF.

 

              BE IT ORDAINED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF BLOOMFIELD, IN THE COUNTY OF ESSEX, NEW JERSEY (not less than twothirds of all members thereof affirmatively concurring) AS FOLLOWS:

              Section 1.              The several improvements described in Section 3 of this bond ordinance are hereby respectively authorized to be undertaken by the Township of Bloomfield, in the County of Essex, New Jersey (the “Township”) as general improvements.  For the several improvements or purposes described in Section 3, there are hereby appropriated the respective sums of money therein stated as the appropriation made for each improvement or purpose, such sums amounting in the aggregate to $3,194,500, including the aggregate sum of $159,725 as the several down payments for the improvements or purposes required by the Local Bond Law. The down payments have been made available by virtue of provision for down payment or for capital improvement purposes in one or more previously adopted budgets.

              Section 2.              In order to finance the cost of the several improvements or purposes not covered by application of the several down payments, negotiable bonds are hereby authorized to be issued in the principal amount of $3,034,775 pursuant to the Local Bond Law.  In anticipation of the issuance of the bonds, negotiable bond anticipation notes are hereby authorized to be issued pursuant to and within the limitations prescribed by the Local Bond Law.

              Section 3.              The several improvements hereby authorized and the several purposes for which the bonds are to be issued, the estimated cost of each improvement and the appropriation therefor, the estimated maximum amount of bonds or notes to be issued for each improvement and the period of usefulness of each improvement are as follows:

 

 

 

 

 

 

 

 

____Purpose______

Appropriation

and Estimated

____Cost_______

Estimated Maximum Amount of Bonds or

____Notes________

 

Period of Usefulness

A)  MIS

1) Town Hall Network Infrastructure Upgrade and Upgrade Server, including all related costs and expenditures incidental thereto.

 

$52,856

$50,213

7 years

2) Phone System Upgrade, including all related costs and expenditures incidental thereto.             

 

$160,168

$152,159

10 years

3)  Acquisition and or Upgrade of DPW Fleet Management System, including all related costs and expenditures incidental thereto.

             

$42,711

$40,576

7 years

 

 

 

 

B) Police

1) Zetron Console project equipment and supplies, including all related costs and expenditures incidental thereto.

 

$331,013

$314,463

15 years

2) Acquisition of Batteries,  Equipment Police Radios, Equipment for New Recruits and Police Vehicle Equipment, including all related costs and expenditures incidental thereto.             

 

$74,432

$70,710

5 years

3) Acquisition of Sport Utility Vehicle including equipment, including all related costs and expenditures incidental thereto.             

 

$42,711

$40,576

5 years

 

 

 

 

C) Fire

 

1) Acquisition of Station Wear/Turnout Gear, including all related costs and expenditures incidental thereto.

 

$106,779

$101,440

5 years

2)  Improvements to Station 3 and 4, including all work and materials necessary therefor and incidental thereto.

 

$32,034

$30,432

10 years

D)  Engineer

1) Acquisition of Townwide Streetscape Project including Street Resurfacing, including all work and materials necessary therefor and incidental thereto.

 

$1,388,121

 

$1,318,715

 

 

15 years

 

 

2) Sewer Improvements, including all work and materials necessary therefor and incidental thereto.

$106,779

$101,440

30 years

 

3) Improvements to Municipal Building and Grounds, including all work and materials necessary therefor and incidental thereto.

$427,114

$405,758

10 years

D)  Department of Public Works

1) Acquisition of Bucket Loader, including all related costs and expenditures incidental thereto.

 

$197,540

$187,663

5 years

E)  Clerk

1) Bookbinding, including all work and materials necessary therefor and incidental thereto.

 

$10,678

$10,144

15 years

F) Recreation Department

 

1)  Improvements to Various Parks including all work and materials necessary therefor and incidental thereto.

 

$106,779

$101,440

15 years

G) WBMA

Studio Switcher Upgrade, including all work and materials necessary therefor and incidental thereto.

 

$21,356

$20,288

15 years

H) Health Department

1) Acquisition and installation of Animal Shelter Security System, including all work and materials necessary therefor and incidental thereto and further including all related costs and expenditures incidental thereto.

 

 

 

 

 

 

 

 

$6,941

$6,594

 

10 years

2) Animal Shelter renovations, including all work and materials necessary therefor and incidental thereto.

 

$69,406

$65,936

10 years

3) ACO Van Upgrades, including all work and materials necessary therefor and incidental thereto.             

$17,082

$16,228

5 years

TOTALS

$3,194,500

$3,034,775

 

 

 

The excess of the appropriation made for each of the improvements or purposes aforesaid over the estimated maximum amount of bonds or notes to be issued therefor, as above stated, is the amount of the down payment for each purpose.

 

              Section 4.              All bond anticipation notes issued hereunder shall mature at such times as may be determined by the chief financial officer; provided that no note shall mature later than one year from its date.  The notes shall bear interest at such rate or rates and be in such form as may be determined by the chief financial officer.  The chief financial officer shall determine all matters in connection with notes issued pursuant to this ordinance, and the chief financial officer’s signature upon the notes shall be conclusive evidence as to all such determinations.  All notes issued hereunder may be renewed from time to time subject to the provisions of the Local Bond Law.  The chief financial officer is hereby authorized to sell part or all of the notes from time to time at public or private sale and to deliver them to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the date of delivery thereof.  The chief financial officer is directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the notes pursuant to this ordinance is made.  Such report must include the amount, the description, the interest rate and the maturity schedule of the notes sold, the price obtained and the name of the purchaser.

 

                Section 5.              The Township hereby certifies that it has adopted a capital budget or a temporary capital budget, as applicable. The capital or temporary capital budget of the Township is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith.  To the extent that the purposes authorized herein are inconsistent with the adopted capital or temporary capital budget, a revised capital or temporary capital budget has been filed with the Division of Local Government Services.

 

              Section 6.              The following additional matters are hereby determined, declared, recited and stated:

 

              (a)              The purposes described in Section 3 of this bond ordinance are not current expenses.  They are all improvements that the Township may lawfully undertake as general improvements, and no part of the costs thereof has been or shall be specially assessed on property specially benefitted thereby.

 

              (b)              The average period of usefulness, computed on the basis of the respective amounts of obligations authorized for each purpose and the reasonable life thereof within the limitations of the Local Bond Law, is 12.80 years.

 

              (c)              The Supplemental Debt Statement required by the Local Bond Law has been duly prepared and filed in the office of the Clerk, and a complete executed duplicate thereof has been filed in the office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey.  Such statement shows that the gross debt of the Township as defined in the Local Bond Law is increased by the authorization of the bonds and notes provided in this bond ordinance by $3,034,775, and the obligations authorized herein will be within all debt limitations prescribed by that Law.

 

              (d)              An aggregate amount not exceeding $200,000 for items of expense listed in and permitted under N.J.S.A. 40A:220 is included in the estimated costs indicated herein for the purposes or improvements.

 

              Section 7.  The Township hereby declares the intent of the Township to issue the bonds or bond anticipation notes in the amount authorized in Section 2 of this bond ordinance and to use proceeds to pay or reimburse expenditures for the costs of the purposes described in Section 3 of this bond ordinance. This Section 7 is a declaration of intent within the meaning and for purposes of Treasury Regulations.

 

              Vote showed the following:

 

 

RESULT:              FIRST READING [UNANIMOUS]              Next: 6/18/2012 7:00 PM

MOVER:              Carlos Bernard, Third Ward Councilman

SECONDER:              Peggy O'Boyle Dunigan, Councilwoman at Large

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

ABSENT:              Michael Venezia

 

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

 

ORDINANCE ESTABLISHING GUIDELINES AND STANDARDS FOR THE INSTALLATION OF TEMPORARY CURB EXTENSIONS OR “PARKLETS” WITHIN THE TOWNSHIP OF BLOOMFIELD

 

I.              PURPOSE:  The purpose of this ordinance is to establish standard guidelines for the installation of temporary curb extensions or “parklets” within the Township of Bloomfield.

 

II.              BACKGROUND: Temporary curb extensions or parklets provide an economical solution to the desire and need for wider sidewalks and are intended to provide space for the general public to sit and enjoy the space where existing narrow sidewalk would preclude such occupancy. Parklets are intended as sidewalk/street furniture, providing aesthetic elements to the overall streetscape.

 

III.              DEFINITIONS: PARKLET OR PARKLETS - A temporary extension of the sidewalk along the frontage of a property or properties for the purpose of providing additional space for the general public to utilize as a sitting area. Parklets are comprised of a raised platform constructed of treated timber, lumber or other such material for the purpose of creating a level extension along a sidewalk adjacent to the curbing. Parklets may also include a number of amenities such as tables, benches, potted plantings and safety railing. The term “parklet” and temporary curb extension are interchangeable.

 

IV.              GENERAL REQUIREMENTS:

 

1.              Parklets are permitted along the streets and limits within the Township of Bloomfield as specified in Schedule A of this ordinance.

 

2.              Parklets shall meet the following dimensional criteria:

 

              a.              Parklets shall have a maximum width of six (6) feet and/or shall not extend further out into the street more than six (6) feet.

 

              b.              A single parklet shall have a maximum length of twenty-two feet. A single parklet shall require occupation of one to two parking stalls or forty-four feet, whichever is less or at the discretion of the township engineer.

 

              c.              Where feasible, multiple parklets connected together shall occupy a total number of spaces equal to the number of connected parklets plus one, meaning two (2) connected parklets will require three (3) spaces; three (3) connected parking stalls will require four (4) spaces, etc.

 

3.              Location Restrictions:

 

              a.              Parklets will not be located at the following locations:

 

                            (i)              Within fifty (50) feet of the terminal curb return radius of an intersecting street or one, existing parking stall length from an intersection whichever is less.

 

                            (ii)              Over existing water valves, utility manholes, storm drains, inlets or any structure associated with a public or private utility that requires periodic or emergency access by utility personnel.

 

                            (iii)              In front of fire hydrants or any other “no parking zone,” fire lane and/or “no stopping or standing zone” that is currently regulated by current local, county or state ordinances.

 

                            (iv)              Within twenty-five feet of a public or private driveway, including driveways located on the opposing traffic side of where the parklet is to be located.

 

                            (v)              Along curves in the roadway within twenty-five (25) feet of the intersection of the tangent along the cartway of the adjacent travel lane with the curb line.

 

                            (vi)              The street has a grade greater than five percent (5%).

 

                            (vii)              At a location where an outdoor/sidewalk café is feasible.

 

              b.              The permittee of a parklet must place the parklet in front of their property or business establishment. A permit will not be issued for an applicant who cannot demonstrate that the parklet will be fully located within the frontage of their property or establishment. Such parklets are not permitted to encroach upon the frontage of an adjacent establishment.

 

V.              MINIMUM DESIGN REQUIREMENTS

 

1.              Upon approval of an application to install a parklet, the Township of Bloomfield Department of Public Works will supply and install the parklet platform at the given location. This installation will include the parklet platform, concrete bumper stops and concrete planter barriers. Once these features are installed, they shall not be moved or relocated by the permittee without notification to the Engineering Department and written approval. Removal and/or relocation of these items without authorization will result in the permit being rescinded and the parklet removed by the Township.

 

2.              The permittee is responsible for the following installations:

 

              a.              Installation of a railing a minimum of four feet high along the street side, and the two sides of the parking lanes. The railing shall have horizontal rods or slats with a separation no greater than six (6) inches on-center or vertical slats or pickets spaced a maximum of four inches on-center. Installation of a railing is a mandatory design standard and must be provided in order to validate the permit. The material used for the railing or barrier is at the discretion of the permittee. The railing shall be inspected and approved by the engineering department.

 

              b.              The railing must be securely attached to the parklet platform and shall not extend beyond the six foot limit of the parklet width. No ornamental features shall be permitted that extend or project beyond the six foot parklet limit. Railings that bend or wobble shall be rejected.

 

              c.              Installation of tables, chairs, potted plantings or any other amenities that do not violate the standards of this ordinance.

 

              d.              The railing posts closest to the travel lane shall be provided with yellow reflective tape or signage and shall run the entire length of the post from the street to the post top.

 

3.              All elements of the parklet shall be constructed and/or installed to conform to the applicable provisions, rules, regulations and guidelines of the township Building Department, Township Engineering Department; The Americans with Disabilities Act (ADA) and the Americans with Disability Act Accessibility Guidelines (ADAAG). Failure to meet these requirements may result in the permit being voided.

 

 

VI.              MAINTENANCE REQUIREMENTS:

 

1.              Parklets are permitted to operate between May 1st and October 15th of any given calendar year. During that time, it will be the responsibility of the permittee to maintain the parklet in a clean, safe and sanitary manner. Parklets shall operate daily from 7AM to 11:00PM

 

2.              The permittee is required to clean the parklet on a daily basis and remove all trash and debris and dispose of these materials within receptacles owned and maintained by the permittee. Any trash and debris from a parklet shall not be disposed of in municipally-owned trash receptacles.

 

3.              Any perceived hazard such as broken benches, tables, platform boards, extensions beyond the 6-foot parklet width shall be addressed immediately by the permittee.

 

4.              All obstruction to the gutter line that may prevent the free flow of storm water shall be cleared on a daily basis.

 

5.              Permittees should be aware that parklets are public spaces and therefore cannot be restricted from use by the general public.

 

6.              Permittees are required to adhere to all applicable township ordinances that may impact the parklet use including noise, sanitary, health, zoning, property maintenance and any other applicable township ordinance.

 

7.              Electric lighting serviced from adjacent buildings is not permitted in the parklet. Under no circumstances shall a permittee provide electricity for lighting to a parklet through the use of any type of service extension from their property, establishment, municipally-owned facility or adjacent properties. The use of decorative candles and battery operated lighting is permitted provided it is maintained and operated in a safe manner.

 

8.              Other than benches, tables and planters or other secured ornamental objects, the permittee shall remove all other items from the parklet at the close of their scheduled business day or by 11:00 PM including table ornaments, small unsecured trash receptacles or any other such object that may become airborne during heavy winds.

 

9.              Table umbrellas are not permitted in parklets.

 

10.              No food shall be prepared outdoors.

 

11.              A minimum, unrestricted pedestrian walkway of four feet must be maintained at all times.

 

12.              Permits for parklets are valid for one season and expire on October 16th of the current year for which the permit was issued. Upon expiration of the permit the permittee is required to remove all objects, including benches, rails and tables with the exception of the parklet platform, concrete planters and curb stops. The township will remove the remaining items. Failure to remove these items by the given deadline will result in the township taking ownership of the items and disposing of them at the time that the parklet is removed.

 

13.              If a permittee fails to maintain a parklet as specified in this ordinance and/or abandons the parklet, the township maintains the right to rescind the permit and remove the parklet including any items such as table and benches. The cost for this removal will be assessed against the permittee’s performance bond.

 

VII.              APPLICATION & REVIEW

 

1.              The application process is comprised of two phases as follows:

 

              a.              Feasibility Review (First Phase) - The applicant shall obtain an application for a parklet from the township which shall include the following information:

 

-              The street address, tax map lot and block as to where the proposed parklet will front.

 

-              The anticipated dimensions of the proposed parklet.

 

-              All other pertinent information as requested on the application.

 

-              A non-refundable application fee in the amount of fifty dollars.

 

Upon receipt of the application, the Township Engineering Department will perform an on-site inspection of the proposed location and determine if the location is suitable for a parklet based upon the review of the standards. The Engineering Department will provide a decision within thirty (30) calendar days from receipt of the application.

 

                            (i)              An unfavorable decision from the Engineering Department will terminate the application process and the location will be deemed unsuitable for installation of the parklet. A letter of decision will be forwarded to the applicant indicating, based upon the design standards, why a parklet cannot be installed at the requested location.

 

                            (ii)              A favorable decision will result in the issuance of a letter to proceed with the application process within thirty calendar days from receipt of the application. The applicant can then proceed with submission of a complete application package (Second Phase). The fifty dollar application fee for the First Phase will be credited to the application fee for the Second Phase.

 

              b.              Application Phase (Second Phase)

 

                            (i)              A completed application form for a parklet shall include the following information:

 

-              A site plan showing the footprint of the proposed parklet, approximate property and/or building lines, existing sidewalk width, existing parking stalls and all existing sidewalk furniture and features such as fire hydrants, utility poles, parking meters, street trees, etc.

 

-              Type of elements being proposed to be placed on the parklet such as tables, chairs, benches, planters, bicycle racks, etc.

 

-              A description of how the parklet meets the design standards.

 

-              Documentation of support from adjacent property/business owners. Acceptable documentation would be a letter of support from the adjacent merchant or property owner.

 

-              A letter or certification from the Bloomfield Parking Authority indicating their approval of the use of the parking spaces.

 

-              A non-refundable application fee of $250.00.

 

-              A certificate of insurance in the amount of $1,000,000.00 naming the Township of Bloomfield and the County of Essex (when along a county roadway) as additional insured and further providing for the payment of not less than $10,000 to satisfy all claims for property damage occurring as a direct or indirect result of the operation of the parklet.

 

-              A performance or cash bond in the amount of $1,000.00 to guarantee appropriate maintenance and operation of the parklet. The bond will be refunded to the applicant at the expiration of the permit.

 

              c.              Approval of Application

 

Upon approval of the application, the Engineering Department will notify the applicant and issue a permit. The Bloomfield DPW will then install the parklet platform, concrete planters/barriers and curb stops. Once these features have been installed, the permittee shall have twenty-four hours to install the required elements of the parklet. Failure to install the required elements within the required time frame my result in the permit being rescinded.

 

VIII.              VIOLATIONS & PENALTIES

 

If a permittee violates any of the conditions of this ordinance, the Township reserves the right to rescind the permit and remove the parklet within forty-eight hours’ notice. Once a notice of violation is issued, the permittee shall immediately remove all parklet features with the exception of the platform, planters and curb stops. The township will then remove the parklet. Failure to remove these features within the given time frame will result in the township removing and disposing of these items. The cost for time and material to remove these items will be deducted from the permittee’s performance bond.

 

SCHEDULE A - LOCATIONS WHERE PARKLETS ARE PERMITTED

 

Broad Street - between James Street/Pitt Street and Hoover Avenue

 

              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: 6/18/2012 7:00 PM

MOVER:              Peggy O'Boyle Dunigan, Councilwoman at Large

SECONDER:              Bernard Hamilton, Councilman at Large

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

ABSENT:              Michael Venezia

 

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

 

AN ORDINANCE TO AMEND THE TOWNSHIP OF BLOOMFIELD ORDINANCE ADOPTING TITLES FOR EMPLOYEES AND FIXING SALARY RANGES

 

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

 

              Section 1.  Section 2 of 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” that has been amended and supplemented previously multiple times, is hereby further amended and supplemented adjusting the salaries of the positions listed below to read as follows:

 

  POSITION TITLE

Salary Range Per Annum Effective June 1, 2012

 

 

 

 

DEPARTMENT OF RECREATION

 

 

 

Assistant Director of  Recreation

45,000

 

71,639

 

              Section 2.  All employees hired after January 1, 1977 shall have a salary range of seven steps, except those positions indicated or those positions without a salary range.

 

              Section 3.  Those employees whose salaries are fixed and determined by this ordinance, terminating their services with the Township, shall be paid one-twelfth (1/12) of their annual salary for each complete month employed by the Township.  Such employees working a part of a month shall be paid for the actual days worked in the final month of employment to be calculated at the rate of one-tenth (1/10) of the bi-weekly salary multiplied by the actual number of days worked in the final month of employment.

 

              Section 4.  All ordinances inconsistent herewith are hereby repealed.

 

              Section 5.  This ordinance shall take effect according to law.

 

              Vote showed the following:

RESULT:              FIRST READING [UNANIMOUS]              Next: 6/18/2012 7:00 PM

MOVER:              Peggy O'Boyle Dunigan, Councilwoman at Large

SECONDER:              Bernard Hamilton, Councilman at Large

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

ABSENT:              Michael Venezia

              After the roll was called, Councilman Joanow asked the Municipal Clerk to place this Ordinance on the next Conference Agenda, scheduled for June 11, 2012, for further discussion.

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

 

              Mayor McCarthy called for Hearing, 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

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

              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:              Bernard Hamilton, Councilman at Large

SECONDER:              Elias Chalet, First Ward Councilman

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

ABSENT:              Michael Venezia

 

              The Municipal Clerk read the following Ordinance by title:

 

AN ORDINANCE TO AMEND THE TOWNSHIP OF BLOOMFIELD’S ORDINANCE ADOPTING TITLES FOR EMPLOYEES AND FIXING SALARY RANGES (LOCAL 219)

 

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

 

              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:              Peggy O'Boyle Dunigan, Councilwoman at Large

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

ABSENT:              Michael Venezia

 

              The Municipal Clerk read the following Ordinance by title:

 

AN ORDINANCE TO AMEND THE TOWNSHIP OF BLOOMFIELD’S ORDINANCE ADOPTING TITLES FOR EMPLOYEES AND FIXING SALARY RANGES (COMMUNICATION OPERATORS)

 

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

 

              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:              Bernard Hamilton, Councilman at Large

SECONDER:              Elias Chalet, First Ward Councilman

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

ABSENT:              Michael Venezia

 

              The Municipal Clerk read the following Ordinance by title:

 

AN ORDINANCE TO AMEND THE TOWNSHIP OF BLOOMFIELD ORDINANCE ADOPTING TITLES FOR EMPLOYEES AND FIXING SALARY RANGES (PERSONNEL DIRECTOR)

 

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

 

              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:              Bernard Hamilton, Councilman at Large

SECONDER:              Peggy O'Boyle Dunigan, Councilwoman at Large

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

ABSENT:              Michael Venezia

 

X.              Consent Resolutions

              Mayor McCarthy called for the Consent Agenda Resolutions.

              Councilwoman Dunigan moved, and Councilman Chalet seconded, the adoption of the following eight (8) Consent Agenda Resolutions:

 

2012 RESOLUTION - PLENARY RETAIL DISTRIBUTION LICENSE

 

              BE IT RESOLVED by the Mayor and Council of the Township of Bloomfield, County of Essex, State of New Jersey that a Plenary Retail Distribution License, expiring June 30, 2012 , be issued to each of the following named businesses for the location set opposite their respective name:

Shiva International

129 Franklin Street

t/a Berkeley Liquor and Deli

 

07002-44-002-008

 

 

 

Hingalaj, Inc.

370 Broad Street

t/a Cordes Wine & Liquor

 

0702-44-009-007

 

 

 

Maahadev, Inc.

1057 Broad Street

t/a Brookdale Wine and Liquor

 

Buy-Rite Liquors

 

0702-44-021-003

 

 

 

KNA Trading, Inc.

43-45 Broad Street

t/a Gallaghers Wine and Cheese

 

0702-44-022-003

 

 

 

Skillman Enterprises, Inc.

123 Bloomfield Ave

t/a Plaza Wine and Liquors

 

0702-44-053-004

 

 

 

Joseph Swerdlow

101 Montgomery Street

0702-44-055-003

 

 

 

Mohman One, Inc.

24-30 First Avenue

t/a Discount Liquors

 

0702-44-057-009

 

 

 

Yogi Grocer, Inc.

1263-1267 Broad Street

t/a Yogi Grocer, Inc.

 

0702-44-033-004

 

 

 

Forest Hill Liquors Corp

61 Bellevue Avenue

Forest Hill Liquors

 

0702-44-003-007

 

 

 

888 Rt 22 Inc

339 Broad Street

Savers Club

 

0702-44-060-011

 

 

2012- RESOLUTION - PLENARY RETAIL CONSUMPTION LICENSE

 

              BE IT RESOLVED by the Mayor and Council of the Township of Bloomfield, County of Essex, State of New Jersey that a Plenary Retail Consumption License, expiring June 30, 2012, be issued to each of the following named persons or businesses for the location set opposite their respective names:

 

Banc & Jack Pero, Inc.

6-12 Willow Street

Jakes Flue Foods

 

Titillations

 

0702-33-039-008

 

 

 

Senoritas Mexican Restaurant LLC

285 Glenwood Ave

Senoritas Mexican Restaurant

 

0702-33-005-012

 

 

 

Newark-Bloomfield Lodge #21 B.P.O.E.

296 Bloomfield Ave

t/a Newark-Bloomfield #21 B.P.O.E.

 

0702-33-014-002

 

 

 

Forest Hill Field Club, Inc.

9 Belleville Ave

t/a Forest Hill Field Club

 

0702-33-019-001

 

 

 

Joseph Poniatowski Beneficial Association, Inc.

41 Broughton Ave

t/a The Essex Manor

 

0702-33-029-001

 

 

 

**Vromes, Inc.

140-144 Broughton Ave

t/a Clancy’s Pub/Broughton Liquors

 

0702-32-031-004

 

 

 

CG Jr Inc.

303 Broad Street

Angelo’s Pizzeria

 

0702-33-035-006

 

 

 

AGIO LLC

1095-99 Broad Street

Bar Cara

 

0702-33-008-008

 

 

 

Feedbag Inc The

36 Broad Street

The Feedbag Inc

 

0702-33-004-004

 

 

 

Surf & Turf House Inc.

409 Franklin Street

Bloomfield Steak & Seafood House

 

0702-33-015-005

 

 

 

**Three Amicis LLC

1640 Broad Street

Bella Napoli Restaurant

 

0702-32-037-014

 

 

 

**Marque Restaurant Lounge, LLC

412 Bloomfield Avenue

Marque Restaurant Lounge, LLC

 

0702-32-043-005

 

 

 

Newark-Bloomfield Lodge #21 BPOE

296 Bloomfield Avenue

Newark-Bloomfield #21 BPOE

 

0702-33-014-002

 

 

 

CG Jr. Inc.

303 Broad Street

Angelos Pizzeria

 

0702-33-035-006

 

 

 

MBA Holding

Pocket License

MBA Holding

 

0702-33-051-005

 

 

 

**Sobrals & Core Inc

45-47 Franklin Street

Cores Tavern Wine and Liquor

 

0702-32-052-002

 

 

 

Forest Hill Field Club Inc

9 Belleville Ave

Forest Hill Field Club

 

0702-33-019-001

 

 

 

Moon Palace Inc

556-558 North Arlington Ave

Moon Palace Inc.

 

0702-33-020-005

 

 

 

 

 

Chirripo Bienes Raices Inc

24 Broad Street (Inactive)

Mi Pueblo Bar and Restaurant

 

0702-33-050-013

 

 

 

Hal Ken Incorporated

439 Broad Street

Obals Inn

 

0702-33-041-004

 

 

 

H & A Liquors

Pocket License

Bloomfield Discount Liquors

 

0702-32-010-010

 

 

**These licenses are Plenary Retail Consumption License W/Broad Package Privilege

2012 RESOLUTION - LIMITED RETAIL DISTRIBUTION

 

              BE IT RESOLVED by the Mayor and Council of the Township of Bloomfield, County of Essex, State of New Jersey that a Limited Retail Distribution License, expiring June 30, 2012 be issued to the following named corporation for the location set opposite their respective name:

 

Brookdale Shop Rite, Inc.

1409 Broad Street

t/a Brookdale Shop Rite

 

0702-43-006-003

 

 

 

SPECIAL NEEDS PROGRAM

 

              WHEREAS, the Township of Bloomfield desires to apply for and obtain a grant from the New Jersey Department of Community Affairs, (hereinafter “Department”) for approximately $20,000 to carry out a project to provide a special recreation program for developmentally disabled individuals ages four through adult called the Township of Bloomfield Special Needs Program; and

 

              WHEREAS, the Mayor and Council of the Township of Bloomfield, County of Essex, State of New Jersey does hereby authorize the Mayor and/or the Township Administrator or his designee to apply for such grant; and

 

              WHEREAS, the Township recognizes that any grant may be in a lesser or greater amount, and therefore, upon receipt of the grant agreement from the Department, the Mayor and Council authorizes the execution notwithstanding the award amount; and

 

              WHEREAS, upon receipt of the fully executed agreement from the Department, the Township does further authorize the expenditure of funds pursuant to the terms of the agreement between the Township and the Department.

 

              NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Bloomfield, County of Essex, State of New Jersey that the Mayor and or Township Administrator or his designee are authorized to sign the application, the contract and any other documents necessary in connection herewith to see that the intent of this resolution is carried out.

 

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 $2,803.69 for 2012.

 

              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 $2,803.69 for 2012.

 

REFUND OF WATER CHARGE OVERPAYMENTS

 

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

 

              WHEREAS, the overpayments require a refund in a total of $53.89 for 2012.

 

              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 check totaling $53.89 for 2012 as reflected in the attached list.

 

2012 RESOLUTION- AUTHORIZING THE AWARD OF A NON-FAIR AND OPEN CONTRACT FOR THE PREPARATION OF DESIGN PLANS, SPECIFICATIONS AND CONSTRUCTION ADMINISTRATION SERVICES FOR IMPROVEMENTS TO THE BLOOMFIELD CHILDREN'S LIBRARY HEATING SYSTEM

 

              WHEREAS, the Township of Bloomfield has a need to acquire professional services for the preparation of design drawings, bid documents and construction administration services for the improvements to the heating system of the Bloomfield Children’s Library; and

              WHEREAS, the Township desires to make this appointment under the provisions of N.J.S.A. 19:44A-20.5, as a non-fair and open contract; and

 

              WHEREAS, the Township Engineer has determined that the value of these services may exceed $17,500.00; and

 

              WHEREAS, this contract will end upon the completion of the project; and;

 

              WHEREAS, Maser Consulting, 200 Valley Road, Suite 400, Mt. Arlington, NJ 07856 (hereinafter “Professional”) has submitted the attached proposal indicating they will provide the necessary services at a cost not to exceed $34,750.00; and

 

              WHEREAS, the Professional has completed and submitted a Business Entity Disclosure Certification which certifies they have not made any reportable contributions to a political or candidate committee in the Township of Bloomfield in the previous one year and that the contract will prohibit the Professional from making any reportable contributions during the term of the contract; and

 

              WHEREAS, the Director of Finance has certified that funds are available to cover the cost of these services within Capital Account # C-04-55-852-947; and

 

              NOW, THEREFORE, BE RESOLVED that the Mayor and Council of the Township of Bloomfield authorizes the Township Engineer to enter into a contract with the Professional as described herein; and

 

              BE IT FURTHER RESOLVED, that no minimum payment is implied or guaranteed; and

 

                BE IT FURTHER RESOLVED, that the Business Entity Disclosure Certification, the Township Engineer’s Determination of Value, the proposal of the Professional and the contract itself be placed on file with this resolution; and

 

              BE IT FURTHER RESOLVED, that the above documents shall be available for public inspection at the office of the Township Clerk during regular business hours; and

 

              BE IT FURTHER RESOLVED, that  the Township reserves the right to cancel this contract upon thirty (30) days’ notice and the Professional shall only be paid for the work completed on a pro-rated amount if the contract calls for a monthly retainer; and

 

              BE IT FURTHER RESOLVED, that a notice of this action shall be printed once in the official newspaper of the Township of Bloomfield.

 

2012 RESOLUTION ADOPTING OFFICIAL SONG OF BLOOMFIELD

 

WHEREAS, the Mayor and Council of the Township of Bloomfield  believe it would be appropriate during this bicentennial year that the Township formally adopt the following song as the Official Song for the Township of Bloomfield; and

 

              WHEREAS, the song reads as follows: 

 

Pride in our past and in our history

Faith in our future and destiny

Sing it out, give a shout and say

You live Bloomfield, U.S.A.

 

Concerts on the Green and Independence Day

Foley Field and Football on Thanksgiving Day

And our schools whose ideals portray

Their pride in BLOOMFIELD, U.S.A

 

Two hundred years ago we were incorporated

Though we started very small

Two hundred years have passed

We’re fifty-thousand stronger

 

All for one and one for all

Here is the best of all the old and new

Live, work, or play, the rest is up to you

 

Oh, say can you see

We Love you BLOOMFIELD, U.S.A.

 

              NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the Township of Bloomfield, County of Essex, State of New Jersey, hereby approve the above song as the official song of the Township of Bloomfield.

 

              Vote on the preceding eight (8) Consent Agenda Resolutions showed the following:

 

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Peggy O'Boyle Dunigan, Councilwoman at Large

SECONDER:              Elias Chalet, First Ward Councilman

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

ABSENT:              Michael Venezia

 

XI.              Resolutions

              Mayor McCarthy called for Resolutions.

 

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

 

PART-TIME FILE CLERKS IN THE INSPECTIONS DEPARTMENT

 

            WHEREAS, the Director of Community Development and Inspections has indicated that there is a need for additional help in the Township of Bloomfield Inspections Department; and

            WHEREAS, the Director has interviewed several people and recommends hiring JoAnn Johnson and Elvin Valle (hereinafter “Employees”); and

 

              WHEREAS, the Employees will work part-time at no more than twenty (20) hours combined per week at the rate of $11.00 per hour and will not receive health benefits; and

 

            WHEREAS, the Director of Finance has certified that funding is available for these appointments.

 

              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 Director of Community Development to hire JoAnn Johnson and Elvin Valle as part-time employees at the rate of $11.00 per hour; and

 

              BE IT FURTHER RESOLVED, that this employment is temporary and subject to Civil Service Commission approval; and

 

              BE IT FURTHER RESOLVED, that these employees acknowledge and understand that if they are not appointed to a permanent part-time position because the Civil Service Commission requires the appointments to be made from a hiring list and the Civil Service Commission certifies a list of eligible candidates and they are not selected from the list for appointment their employment will automatically terminate.

 

              Vote showed the following:

       

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Bernard Hamilton, Councilman at Large

SECONDER:              Elias Chalet, First Ward Councilman

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

ABSENT:              Michael Venezia

 

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

 

2012 RESOLUTION AUTHORIZING VERIZON UPGRADE

 

              WHEREAS, the Township of Bloomfield has a need to upgrade their fiber optic network facilities with Verizon; and

 

              WHEREAS, the Director of Technology has determined that the value of these services will benefit the township; and

 

              WHEREAS, the Director of Finance has certified that funds are available to cover the cost of these services.

 

              NOW, THEREFORE, BE RESOLVED, that the Mayor and Council of the Township of Bloomfield, County of Essex, State of New Jersey authorizes the Director of Technology to enter into a contract with the Verizon.

 

              Vote showed the following:

 

RESULT:              ADOPTED [UNANIMOUS]

MOVER:              Carlos Bernard, Third Ward Councilman

SECONDER:              Bernard Hamilton, Councilman at Large

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

ABSENT:              Michael Venezia

 

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

 

RESOLUTION AUTHORIZING THE AWARD OF A PROFESSIONAL SERVICE CONTRACT PURSUANT TO THE FAIR AND OPEN PROCESS - WATER SUPPLY ENGINEER

 

              WHEREAS, the Township of Bloomfield has a need to acquire engineering services related to the feasibility and construction of a township-owned and maintained water supply system and has advertised a request for statement of qualifications on the Township of Bloomfield’s website as part of the fair and open process pursuant to the provisions of N.J.S.A. 19:44A-20.5; and

 

              WHEREAS, it has been determined that the value of the service may exceed $17,500; and

 

              WHEREAS, Alaimo Group, 200 High Street, Mt. Holly, New Jersey 08060, hereinafter referred to as “the Professional”, has submitted a Statement of Qualifications which included hourly rates which are attached and are hereby incorporated into this resolution; and

 

              WHEREAS, the Mayor and Council of the Township of Bloomfield have reviewed this Statement of Qualifications and have determined the Professional to be the most qualified to perform general engineering services for the Township; and

 

              WHEREAS, the water supply engineering services will be performed on an “as needed” basis at the rates provided and/or at a price negotiated between the Professional and the Township Administrator or the Township Engineer; and

 

              WHEREAS,               Finance Director will certify to the availability of funding as a condition to authorizing the Professional to perform the requested work; and

 

              WHEREAS, the Request for Qualifications and the response submitted by the Professional meets the requirements of N.J.S.A. 40A:11-1 et. seq. “Local Public Contracts Law.”

 

              NOW THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Township of Bloomfield authorizes and directs the Township Administrator to enter in a  contract/retainer agreement with the Professional within 10 days as described herein; and

 

              BE IT FURTHER RESOLVED, that this contract/retainer agreement is entered into in accordance with the Standardized Submission Requirement for Professional Services and no minimum payment is implied or guaranteed: and

 

              BE IT FURTHER RESOLVED, that all of terms contained in the Standardized Requirement for Professional Services are incorporated into the Professional’s contract/retainer unless specifically excluded; and

 

              BE IT FURTHER RESOLVED, that the Professional’s response to the request for Professional Services shall be placed on file with this resolution/and a copy of the contract/retainer agreement entered into; and

 

              BE IT FURTHER RESOLVED, that the contract should incorporate the terms and conditions contained in Professional’s response to the request for Professional Services.

 

              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, O'Boyle Dunigan, Hamilton, McCarthy

ABSENT:              Michael Venezia

 

XII.              Unfinished Business

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

 

XIII.              New Business

              Mayor McCarthy called for New Business.

 

              Councilwoman Dunigan moved, and Councilman Hamilton seconded, the granting of licenses to the following:

 

LICENSES FOR JUNE 4, 2012

 

OUTDOOR/SIDEWALK CAFÉ LICENSE

 

Hot Bagels Abroad

1129 Broad Street

Bloomfield, New Jersey 07003

 


RAFFLE LICENSES

 

Bloomfield Presbyterian Church on the Green

Broad Street

Bloomfield, New Jersey 07003

On Premise 50-50

June 23, 2012

 

United Way of Bloomfield

385 Broad Street

Bloomfield, New Jersey 07003

Off Premise 50-50

October 12, 2012

 

              Vote showed the following:

 

                            Councilman Chalet - Yes              Councilman Venezia - Absent

                            Councilman Joanow - Yes              Councilwoman Dunigan - Yes

                            Councilman Bernard - Yes              Councilman Hamilton - Yes

                                                        Mayor McCarthy - Yes

 

              Councilman Hamilton moved, and Councilman Chalet seconded, the Ad Authorization for the North Center Streetscape.

 

              Vote showed the following:

 

                            Councilman Chalet - Yes              Councilman Venezia - Absent

                            Councilman Joanow - Yes              Councilwoman Dunigan - Yes

                            Councilman Bernard - Yes              Councilman Hamilton - Yes

                                                        Mayor McCarthy - Yes

             

              Mayor McCarthy then asked for a motion to move the item entitled, "Override of Mayor's Veto - Lionsgate/Scientific Glass."  Prior to receiving a motion, Councilman Joanow began discussing the tenet of the Mayor's veto authority, especially in relation to the Lionsgate/Scientific Glass issue, to which Mayor McCarthy responded.  The Mayor then asked for a motion to move to override his veto.  Councilman Joanow moved the item; however, there was no second to the motion.  Mayor McCarthy stated that the item fails to move and that his veto stands.

 

RESULT:              NO MOTION

 

 

 

 

XIV.              Miscellaneous

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

 

XV.              Adjournment

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

 

              Councilman Bernard moved to adjourn the meeting, which was seconded by Councilman Hamilton, and agreed to by all Councilmembers.  The meeting was adjourned at 7:50 p.m.

 

Respectfully submitted,

 

 

 

______________________________

Louise M. Palagano, Municipal Clerk