July 23, 2013
The Regular Session Meeting of the Governing Body of the Borough of Bloomingdale was held
on the above date in the Council Chambers of the Municipal Building, 101 Hamburg Turnpike,
Bloomingdale, NJ. Mayor Dunleavy the meeting to order at 7:05 p.m.
SALUTE TO THE AMERICAN FLAG
The flag salute was led by Mayor Dunleavy.
ROLL CALL
In Attendance:
Council Members:
Mark Conklin
John D’Amato
Richard Dellaripa
Linda Shortman
Michael Sondermeyer
Ray Yazdi
Absent:
Mayor:
Jonathan Dunleavy (Excused)
Professionals
Present:
Municipal Clerk:
Borough Attorney:
Jane McCarthy, RMC
Tracy Wang, Esq.
PUBLIC NOTICE STATEMENT
Council President D’Amato stated that adequate notice of this meeting was posted in the
Bloomingdale Municipal Building and provided to The Suburban Trends; The North Jersey
Herald & News; and all other local news media on January 2, 2013.
SWEARING IN OF NEW POLICE OFFICERS
At this time, Chief Borell and Mayor Dunleavy spoke in regard of the process which was
followed for the interviewing and selection of candidates for two new Police Officers. Chief
stated that he was pleased that the Governing Body authorized him to hire two new Officers and
is pleased to have Daniel Greenwood and Vincent Graziosa join the Police Department.
At this time, Mayor Dunleavy administered the Oath of Office individually to both Daniel
Greenwood and Vincent Graziosa and congratulated and welcomed them to the Borough.
The meeting was recessed at this time, 7:44 p.m. for an early celebration and welcoming of the
officers.
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EARLY PUBLIC COMMENT
Councilman D’Amato moved t hat the meeting be opened to Early Public Comment; seconded by
Councilman Yazdi and carried on voice vote.
Al Miller, 7 Mary Street, stated that he was pleased to see the bills list on the website and was
able to read it.
Mr. Miller asked about the portable generators and Mayor stated they are on the bills list for the
Utility and DPW; both light towers died; each Department will be maintaining it. Mayor stated
that we inherited old equipment.
Frank O’Reilly, 21 Pearl Street, spoke in regard to Ordinance #25-2013, the overnight parking
which will require a $120/year permit. In regard to if he has guests over, he still should call the
Police Department and inform them as there is a 12 midnight deadline to sunrise from December
1 to April 1.
Mr. O’Reilly would like to see on street parking except when it snows; discussion followed and
Mayor stated the Police Chief researched this and this is his recommendation for permit parking.
Since there was no further items to be discussed, Councilman D’Amato moved that it be closed;
seconded by Councilman Yazdi and carried on voice vote.
REPORTS OF COMMITTEES
Water Department Report – June 2013 received
Tax Assessor
Borough Attorney stated that we have to do a Correction of Errors for 26 Short Road to correct
his tax assessment for Block 87.01; Lot 28; we will do a resolution later in the meeting. This
property was damaged as a result of storm sandy and a 60% reduction of value needs to be put
back in; books had been closed already so we need to do a Correction of Error.
Senior Citizens Committee
Councilwoman Shortman reported on various activities planned by the Seniors; music
performances, trips, exercises, meeting with Veteran representatives, Medicare briefings.
There will be no meeting in August; the center will be closed the week of August 19.
River Cleanup
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The river cleanup will be Saturday, August 24, at 10 a.m.
Sloan Park
Mayor stated we are waiting for the Department of Environmental Protection to release the
permits. He and the Borough Engineer will meet with them on August 13, 2012 to finalize these
permits.
Rafkind Road
Mayor stated that we hope to go out to bid in the next two weeks; there will be an alternative in
regard to sewer laterals – there was a break on Saturday night and he would like to amend the
bond ordinance to fix the laterals.
Walter T. Bergen Restrooms
Mayor stated that the bids should be out in the next few weeks.
NON-AGENDA ITEMS
Morris County Co-Op
Mayor stated that we will have a resolution on the agenda authorizing construction services
through the Morris County Co-op for road paving.
Lease Agreement with Passaic County Nutrition for Senior Center
We have received a lease agreement from Passaic County for the Nutrition site; this will be on
the meeting later for approval.
Interlocal Agreement with West Essex for Construction Services
This will be on the meeting later for approval
Special Meeting on Rafkind Road Laterals
Mayor stated that he would like a special meeting to introduce a bond ordinance fore placement
to add the laterals to the Rafkind Road project; cost would be approximately $300,000. Bond
ordinance would be funded out of capital surplus next year.
Mayor stated if there are any questions, Council should contact the Borough Engineer.
Additional Items will be:
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

Resolution declaring water main break on Rafkind Road an emergency
Received funding for Phase II of Rafkind Road from a 2004 Grant
PUBLIC COMMENT ON NON-AGENDA ITEMS
Councilman Sondermeyer moved that the meeting be open to Public Comment on the nonagenda items; seconded by Councilwoman Shortman and carried on voice vote.
Al Miller, 7 Mary Street, discussed the fact that the DPW should be involved in the repair of the
watermain breaks; Mayor stated that they were but we did still have to sub out as we did not have
the equipment; 77 tons of fill were put in. We should have the Kaboda machine within ten days.
Since there was no one else who wished to speak, Mayor Dunleavy closed the Public Comment.
APPROVAL OF CONSENT AGENDA
Councilman Yazdi moved for the approval of the following Consent agenda pulling the June 11,
2013 minutes:
A. Approval of Minutes for Regular Meeting June 25, 2013
B. Application for Block Party August 24, 2013; 11 Chestnut street; approved
C. Public Hearing on August 13, 2013 at Ringwood Borough Hall at 5:30 p.m. on
Open Space Grant Awards
D. Letter of appreciation from Karen Kirby, 1 Anna Rose Court, for work done by the
DPW at the retention pond
E. Approval of application for Bloomingdale Fire Department Jacob Line; Chemical
Company
Councilman Dellaripa seconded the motion and it carried on voice vote.
PENDING BUSINESS
Discussion in regard to ROSE Fund; memo from Borough attorney
At this time, Mayor read letter prepared by Borough Attorney as to allowable expenditures from
the ROSE fund; referendum question was broadly written and allows for all of the expenditures
Councilwoman Shortman was questions, i.e. grass cutting, field maintenance.
Councilwoman stated that when she vote on the ROSE fund referendum, she felt it was distinctly
two separate items; Open Space Preservation and Recreation Maintenance.
Mayor noted he does not support buying any more open space; we are 53% Open Space now.
Councilwoman Shortman stated she thought there would be a balance and thought that would not
be between Open Space and Recreation.
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Posting Bills on Website
Mayor stated that we were able to get the bills list on the website; Councilwoman Shortman
stated that we are moving towards total transparency and the website is a phenomenal tool for
everyone.
Mayor spoke of a bill which would amend the OPRA laws but it is not out of the assembly but
this could alter drastically the way we deal with OPRA, etc.
ORDINANCES
Second and final reading and public hearing of Ordinance No. 22-2013: Main Street and
Immediate Side Street Parking
AN ORDINANCE OF THE BOROUGH OF BLOOMINGDALE, IN THE COUNTY
OF PASSAIC AND STATE OF NEW JERSEY, AMENDING THE CODE OF THE
PLANNING BOARD OF THE BOROUGH OF BLOOMINGDALE, ARTICLE V,
“REGULATIONS GOVERNING CERTAIN USES,” SECTION 92-22, “PARKING,
LOADING AND AUTOMOTIVE SERVICES”; ARTICLE XI, “DEFINITIONS,”
SECTION 92-43, “TERMS DEFINED”; AND ARTICLE XII, “SCHEDULE OF
REGULATIONS,” SECTION 92-54, “R-M-O RESIDENTIAL AND OFFICE ZONE,”
SECTION 92-55, “B-1 GENERAL BUSINESS ZONE” AND “SECTION 92-55.1, “B1-A COMMERCIAL ZONE” TO ALLOW MAIN STREET AND IMMEDIATE SIDE
STREET PARKING IN ACCORDING WITH ALL ZONING REQUIREMENTS
was given second and final reading and consideration for adoption at this time.
The Municipal Clerk read the public notice statement.
Councilman Yazdi moved t hat the ordinance be read by title; seconded by Councilman
Conklin and carried on voice vote.
The Municipal Clerk read the ordinance by title:
ORDINANCE No. 22-2013
OF THE PLANNING BOARD
OF THE BOROUGH OF BLOOMINGALE
AN ORDINANCE OF THE BOROUGH OF BLOOMINGDALE, IN THE
COUNTY OF PASSAIC AND STATE OF NEW JERSEY, AMENDING THE
CODE OF THE PLANNING BOARD OF THE BOROUGH OF
BLOOMINGDALE, ARTICLE V, “REGULATIONS GOVERNING CERTAIN
USES,” SECTION 92-22, “PARKING, LOADING AND AUTOMOTIVE
SERVICES”; ARTICLE XI, “DEFINITIONS,” SECTION 92-43, “TERMS
DEFINED”; AND ARTICLE XII, “SCHEDULE OF REGULATIONS,”
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SECTION 92-54, “R-M-O RESIDENTIAL AND OFFICE ZONE,” SECTION
92-55, “B-1 GENERAL BUSINESS ZONE” AND “SECTION 92-55.1, “B-1-A
COMMERCIAL ZONE” TO ALLOW MAIN STREET AND IMMEDIATE
SIDE STREET PARKING IN ACCORDING WITH ALL ZONING
REQUIREMENTS
BE IT ORDAINED, by the Planning Board of the Borough of Bloomingdale, in the
County of Passaic and State of New Jersey, as follows:
SECTION 1. Article V, “Regulations Governing Certain Uses,” Section 92-22,
“Parking, Loading and Automotive Services” of the Code of the Planning Board of the Borough
of Bloomingdale is hereby amended to read as follows:
92-22. Parking, loading and automotive services.
A.
Off-street parking. In all districts, in connection with every manufacturing, business,
institutional, recreational, and residential or any other use, there shall be provided, at the
time any building or structure is erected or is enlarged or increased in capacity, off-street,
parking spaces open to the users at no charge in accordance with the requirements set
forth herein.
(1)
Size and access. Each off-street parking space shall have an area of not less than
one hundred sixty-two (162) square feet measuring 9 feet by 18 feet in an area
exclusive of access drives or aisles, and shall be of usable shape and condition.
Except in the case of dwellings, no parking area provided hereunder shall be
established C or less than three (3) spaces. There shall be adequate provisions for
ingress and egress to all parking spaces. The grade of residential driveways shall
not be over fifteen percent (15%), and for all other parking areas the grade shall be
ten percent (10%).
Access to off-street parking areas shall be limited to several well-defined
locations, and in no case shall there be permitted unrestricted access along the
length of the street or alley upon which the parking area abuts. Permits shall be
required for curb cuts except for new residential subdivisions.
(2)
Number of parking spaces required. The number of off-street parking spaces
required shall be as set forth in the Schedule of Regulations in accordance with the
definition of 'floor area" as set forth in Article XI hereof, provided that any
residential district, on any lot having an area of one (1) acre or less, private garage
space may be provided for not more than five (5) motor vehicles. Space for one
(1) additional motor vehicle may be provided for each one-fifth (1/5) acre by
which the area of the lot exceeds one (1) acre; and in any residential district, not
more than one-half (1/2) of the garage space provided on any lot shall be used for
the housing of commercial motor vehicles. In the case of any building structure or
premises the use of which is not specifically mentioned herein, the provisions for a
use which is so mentioned and to which said use is similar, in the opinion of the
Board of Adjustment, shall apply.
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(3)
Off-site facilities. All permitted and required accessory off-street parking spaces,
open or enclosed, shall be located on the same zone lot as the use to which such
spaces are accessory, except that such spaces may be provided elsewhere but shall
be provided within a radius of no greater distance than fifteen hundred (1500) feet
from that zone lot. For utilization of spaces on property not in the same ownership
as the use to which they are accessory, a copy of a lease/license agreement
between the user and the property owner allowing the utilization of the spaces
must be submitted to the Zoning Officer within ten (10) days of execution of the
agreement. If the agreement is terminated for any reason, the user must
immediately notify the Zoning Officer of same and terminate all use.
SECTION 2.
Article XI, “Definitions,” Section 92-43, “Terms Defined” of the
Code of the Planning Board of the Borough of Bloomingdale is hereby amended to include the
following language:
FLOOR AREA — For the purpose of applying the requirements for on-street/ off-street
parking and loading, "floor area, in the case of offices, merchandising or service types of
uses, shall mean the gross floor area used or intended to be used by tenants or for service
to the public as customers, patrons, clients or patients, including areas occupied by
fixtures and equipment used for display or sale of merchandise. "Floor area” shall not
include areas used principally for nonpublic purposes such as storage, incidental repair,
processing or packaging of merchandise, for show windows, for offices incident to the
management or maintenance of stores or buildings, for toilet or restrooms, for utilities or
for dressing, fitting or alteration rooms.
SECTION 3. Article XII, “Schedule of Regulations,” Section 92-54, “R-M-O
Residential and Office Zone,” of the Code of the Planning Board of the Borough of
Bloomingdale is hereby amended to read as follows:
92-54. R-M-O Residential and Office Zone.
The following regulations shall apply in the R-M-O Zone:
A.
Permitted uses shall be the R-10 Zone and R-M Zone uses, respectively, or, as an
alternative, professional and business offices, either in new buildings or conversions of
existing residential buildings. Where conversions of residential buildings are made, this
shall be subject to prior review and approval by the Planning Board as to the safety of the
building in terms of fire protection and dual egress and as to maintenance of adequate
landscaping and screening to protect adjoining residences.
B.
Development regulations. Area regulations and other controls for such uses as permitted
in the R-10 and R-M zones shall be the same as in such districts, respectively.
For office uses, the following shall apply:
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(1)
Lot area and frontage. New buildings shall have a minimum lot area of seven
thousand five hundred (7,500) square feet and a minimum frontage of seventy-five
(75) feet.
(2)
Height. Maximum height for new buildings shall be three (3) stories or thirty-five
(35) feet.
(3)
Yards. Yard requirements for new or enlarged buildings shall be the same as in
the R-10 Zone, except that the minimum front yard on state highways shall be
fifty (50) feet.
(4)
Lot coverage shall be a maximum of fifty percent (50%).
(5)
Landscaping. Front yards shall be landscaped and not used for parking, to the
minimum depth required. A landscaped strip shall be provided of at least five (5)
feet in width on all side and rear lines.
(6)
Parking (see 92-22A to 92-22D(5)). A minimum of one (1) on-street/off-street
parking space shall be provided for each three hundred (300) square feet of floor
space used for offices, plus one (1) off-street space for each dwelling unit where
part of an existing building remains in residential use. All off-street parking spaces
shall have adequate paving and access and shall be located outside of required
front yards.
(7)
Planning Board review. Site plan review and approval by the Planning Board shall
be required for all office uses permitted hereunder.
SECTION 4. Article XII, “Schedule of Regulations,” Section 92-55, “B-1 General
Business Zone,” paragraphs (a) and (i) of the Code of the Planning Board of the Borough of
Bloomingdale are hereby amended to read as follows:
§ 92-55. B-1 General Business Zone.
The following regulations shall apply in the B-1 Zone:
A.
Permitted principal uses.
(1)
Bakery.
(2)
Banks and other financial institutions.
(3)
Barbershops and beauty parlors.
(4)
Book and stationery stores.
(5)
Business schools.
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(6)
Cigar stores.
(7)
Clothing and clothing accessory shops.
(8)
Pharmacies.
(9)
Dry-cleaning provided that no flammable cleaning agents are used.
(10)
Convenience stores.
(11)
Eating and drinking places.
(12)
Electric substations, including transformers, switches and auxiliary apparatus,
serving a distribution area.
(13)
Electricians.
(14)
Fire and police stations.
(15)
Florists.
(16)
Food stores.
(17)
Furniture stores.
(18)
Hardware stores.
(19)
Household-appliance stores.
(20)
Interior-decorating shops.
(21)
Printing.
(22)
Laundries, hand or automatic, self-service.
(23)
Leather goods.
(24)
Locksmiths.
(25)
Appliance and electronics.
(26)
Newspapers.
(27)
Business, professional and governmental offices.
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I.
(28)
Package liquor stores.
(29)
Paint stores.
(30)
Commercial and public parking lots and garages for automobiles
and trucks.
(31)
Pet shops.
(32)
Photographic studios.
(33)
Physical therapy and health services.
(34)
Plumbers.
(35)
Post offices.
(36)
Sporting and athletic goods stores.
(37)
Music and dancing studios.
(38)
Custom tailors and furriers.
(39)
Theaters.
(40)
Undertakers and funeral parlors.
(41)
Upholsterers.
(42)
Variety shops.
(43)
Water- and sewer-pumping stations serving a local area.
(44)
Other similar retail and service uses.
Required parking and loading spaces. Also see § 92-22A to D(5).
B-1 Zone on-street/off-street parking and off-street loading
Use
Funeral homes and mortuaries
Retail stores, store groups, shops,
consumer services, take out
food only, etc.
Minimum Parking
10 per parlor.
1 for each 300 sf of floor area.
Minimum 3 spaces.
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Eating/drinking establishments
1 for each 3 seats. Minimum 5 spaces.
Medical or dental offices, and
other professional offices
4 for each professional occupant.
General business office
1 for each 300 sf of floor area.
Hotels and motels
1 per bedroom, plus 0.5 per employee
on the highest shift.
Minimum Loading
1 per 10,000 sf of floor area.
Offices
Retail, commercial,
wholesale, manufacturing,
storage and miscellaneous uses
1 per 10,000 to 25,000sf of floor
area: 2 for each 25,000 to 40,000
sf of floor area: 3 for 40,000 to
60,000 sf of floor area: 1 for each
additional 50,000 sf of floor area
or fraction thereof.
Minimum Required Parking Use and Loading Spaces
Undertakers and funeral parlors
1 for each 5,000 square feet of floor area.
1 for each additional 5,000 square feet
of floor area or major fraction thereof.
SECTION 5. Article XII, “Schedule of Regulations,” Section 92-55.1, “B-1-A
Commercial Zone,” paragraph (d) of the Code of the Planning Board of the Borough of
Bloomingdale is hereby amended to read as follows:
D.
Development standards.
1.
Maximum floor area ratio: .25, except that any portion of a building that contains
residential uses restricted to low and moderate income households shall not be
counted as floor area ratio for the purpose of this Section and except that a child
care center located wholly within a building containing other business uses shall
not be counted in the calculation of the floor area ratio.
2.
Maximum lot coverage by all buildings, all parking areas, whether paved or
unpaved, and all other impervious surfaces: 70% of the lot area.
3.
Other bulk requirements applicable to development in this zone shall be as
follows:
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4.
a.
Minimum lot area: 20,000 square feet. Lots of less than 20,000 square feet
in this zone may be developed in accordance with the B-1-A zoning
requirements except that the floor area ratio and lot coverage permitted
shall be reduced proportionately to reflect the smaller lot area. The intent
of this provision is to encourage but not require the consolidation of lots in
this zone.
b.
Minimum lot frontage and width: 100 feet.
c.
Minimum lot depth: 125 feet.
d.
Maximum height: 3 stories and 40 feet, except as specifically provided to
the contrary for hotels and motels as conditional uses.
e.
Minimum yards: 35 feet front from Union Avenue; 0 feet front from Main
Street; 15 feet each side (except where buildings are attached across lot
lines, in which case there shall be no side yard requirement); 50 feet rear.
f.
Minimum setback of accessory structure: 10 feet from side or rear lot line.
Parking (see 92-22A to 92-22D(5)) shall be provided in the following ratios,
provided that where the application of the required parking ratio yields a fraction
of a space, the number of parking spaces required shall be rounded up to the next
whole space:
a.
Retail and service business uses as listed at A(1)-A(4), A(6) and A(7)
above shall provide parking at the rate of one space per each 300 square
feet of gross floor area except as specifically provided to the contrary
below.
b.
All residential uses shall provide parking as required by the RSIS, except
that the Board may consider approval of a shared parking arrangement if
the nature of the uses on the site is such that there will not be overlapping
demand for the shared parking spaces. At all times there must be at least
one dedicated parking space per dwelling unit.
c.
Eating and drinking establishments and houses of worship shall provide
parking at the rate of one space for each three (3) seats for a minimum of 5
seats.
d.
Nursery schools or child care centers shall provide parking at the rate of
one space per employee plus one space per each 10 children of licensed
capacity, except that a child care center located wholly within a building
containing other business uses shall not be required to provide any parking.
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e.
Kennels or animal day care centers shall provide parking at the rate of one
space per employee plus one space for each 10 animals of capacity.
f.
Veterinary offices and animal hospitals shall provide parking at the rate of
4 spaces per veterinarian in addition to required kennel spaces as set forth
in paragraph e. above.
g.
Hotels and motels shall provide parking at the rate of one space per guest
room plus .5 spaces per employee.
h.
Banks shall provide parking at the rate of one space for each three
hundred (300) square feet of floor area plus sufficient room for at least 5
cars to be queued at each drive-up window or ATM machine.
SECTION 6. All ordinances or parts of ordinances of the Borough of Bloomingdale
inconsistent herewith are repealed to the extent of such inconsistency.
SECTION 7. If any section, subsection, clause or phrase of this ordinance is for any
reason held to be unconstitutional or invalid by any court or competent jurisdiction, such decision
shall not affect the remaining portion of this ordinance.
SECTION 8. This law shall take effect immediately upon final passage, approval and
publication as required by law.
NOTICE
is hereby given that the foregoing Ordinance #22-2013 introduced and passed upon First Reading
by title at an Official Meeting of the Governing Body of the Borough of Bloomingdale, County
of Passaic, State of New Jersey, held on June 11, 2013, and said Ordinance shall be considered
for Final Passage at an Official Meeting of the Governing Body to be held in the Council
Chambers of the Municipal Building, 101 Hamburg Turnpike, Bloomingdale, New Jersey on July
23, 2013, at 7:30 P.M. or as soon thereafter as said matter can be considered, at which time and
place all persons interested therein or affected thereby will be given an opportunity to be heard
concerning the same. A copy of the Ordinance has been posted on the bulletin board upon which
public notices are customarily posted in the Municipal Building of the Borough of Bloomingdale.
During the week prior and up to the time of the public hearing, copies of said Ordinance will be
available to the members of the general public who request the same, in the Municipal Clerk's
Office between the hours of 8:00 A.M. and 4:00 P.M.
Jane McCarthy, RMC
Municipal Clerk
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Councilman Yazdi moved that the Public Hearing be open on this ordinance; seconded by
Councilman D’Amato and carried on voice vote.
Since there was no one who wished to speak under the Public Hearing, Councilman Yazdi
moved that it be closed; seconded by councilman Conklin and carried on voice vote.
Councilman Yazdi moved for the adoption of this ordinance; seconded by Councilman
Dellaripa and carried as per the following roll call: Council members: Conklin; YES;
D’Amato, YES; Dellaripa, YES ;Shortman, YES; Sondermeyer, YES.
Second and Final Reading and Public Hearing of Ordinance #23-2013 –
Agricultural Uses
AN ORDINANCE OF THE BOROUGH OF BLOOMINGDALE, IN THE COUNTY
OF PASSAIC AND STATE OF NEW JERSEY, AMENDING THE CODE OF THE
PLANNING BOARD OF THE BOROUGH OF BLOOMINGDALE, ARTICLE V,
“REGULATIONS GOVERNING CERTAIN USES,” SECTION 92-21,
“RESIDENTIAL AND AGRICULTURAL USES; HOTELS AND MOTELS,”
SECTION 92-21B, “AGRICULTURAL USES was given second and final reading and
consideration for adoption at this time.
The Municipal Clerk read the public notice statement.
Councilman Yazdi moved that the ordinance be read by title; seconded by Councilman
Conklin and carried on voice vote.
The Municipal Clerk read the ordinance by title:
ORDINANCE 23-2013
OF THE PLANNING BOARD
OF THE BOROUGH OF BLOOMINGDALE
AN ORDINANCE OF THE BOROUGH OF BLOOMINGDALE, IN THE
COUNTY OF PASSAIC AND STATE OF NEW JERSEY, AMENDING
THE CODE OF THE PLANNING BOARD OF THE BOROUGH OF
BLOOMINGDALE, ARTICLE V, “REGULATIONS GOVERNING
CERTAIN USES,” SECTION 92-21, “RESIDENTIAL AND
AGRICULTURAL USES; HOTELS AND MOTELS,” SECTION 92-21B,
“AGRICULTURAL USES.”
BE IT ORDAINED, by the Planning Board of the Borough of Bloomingdale, in the
County of Passaic and State of New Jersey, as follows:
SECTION 1. Article V, “Regulations Governing Certain Uses,” Section 92-21,
“Residential and Agricultural Uses,” Section 92-21B, “Agricultural Uses” of the Code of the
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Planning Board of the Borough of Bloomingdale is hereby amended to add paragraph (6) which
shall read as follows:
Section 92-21B. Agricultural Uses.
(5)
No slaughtering of livestock shall be permitted.
(6)
Chickens
a.
License required. No person shall keep or maintain any live chickens for any
purpose, without first having obtained an annual license from the Board of Health.
b.
Coops and runs.
1.
All live chickens shall be confined in coops or runs.
2.
All coops and runs shall be located outside of and completely apart from
any building used wholly or in part for dwelling purposes.
3.
All coops or runs shall be constructed only in rear yards at least ten (10)
feet from property lines.
4.
A sufficient number of roosts to provide roosting space for each individual
chicken kept in the coop and a sufficient number of properly placed drop
boards beneath each roost, to catch all droppings excreted by the chicken
while on the roost, shall be provided.
5.
All coops and runs and the entire surroundings of all such places shall be
kept clean at all times and shall be subject to periodic inspection by the
Health Officer of the Borough.
6.
Coops and runs shall be disinfected or otherwise treated, when so directed
by the Board of Health.
7.
The floors of all coops shall be kept clean and dry.
8.
At least once a week, all of the droppings shall be removed from each coop
and removed from the premises or otherwise disposed of in a manner
approved by the Board of Health.
9.
All food for immediate consumption shall be placed in suitable feeding
troughs or similar containers, and all other food shall be stored in animalproof containers at all times.
10.
Coops shall not exceed twenty (20) square feet in area and a maximum
height of six (6) feet (except that in the R-130 zone coops shall not exceed
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one hundred (100) square feet in area and a maximum height of six (6)
feet), measured from grade to ridge, and not less than four (4) square feet
per chicken. Runs shall not exceed ten (10) square feet per chicken.
11.
No chicken food shall be scattered about any premises.
c.
Noise. No person shall keep any screeching, screaming or chattering chicken, or
chicken which emits frequent or long-continuous loud and raucous noises so as to
disturb the comfort or repose of any person in the vicinity.
d.
Flying or running at large. No person shall allow any chicken to fly or run at
large. Such action is declared to be a nuisance and dangerous to the public health
and safety.
e.
Prohibited Uses
1.
No person shall engage in the business of selling, preparing for sale or the
slaughtering of chickens.
2.
No roosters will be kept on premises, except in the R-130 zone in which
one (1) rooster will be permitted.
3.
Number of permitted chickens in residential zones. Chickens are not
permitted in zones other than as designated in this section. See table
below:
Zone
R-10
R-20
R-40
R-130
4.
f.
Number of chickens
4
4
4
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Keeping of chickens in any other zone than above is prohibited.
Enforcement. All provisions of this section shall be enforced by the Board of
Health. Fees pursuant to this section shall be regulated by the Governing Body of
the Borough of Bloomingdale.
SECTION 2. All ordinances or parts of ordinances of the Borough of Bloomingdale
inconsistent herewith are repealed to the extent of such inconsistency.
SECTION 3. If any section, subsection, clause or phrase of this ordinance is for any
reason held to be unconstitutional or invalid by any court or competent jurisdiction, such decision
shall not affect the remaining portion of this ordinance.
17
SECTION 4. This law shall take effect immediately upon final passage, approval and
publication as required by law.
NOTICE
is hereby given that the foregoing Ordinance #23-2013 introduced and passed upon First Reading
by title at an Official Meeting of the Governing Body of the Borough of Bloomingdale, County
of Passaic, State of New Jersey, held on June 11, 2013, and said Ordinance shall be considered
for Final Passage at an Official Meeting of the Governing Body to be held in the Council
Chambers of the Municipal Building, 101 Hamburg Turnpike, Bloomingdale, New Jersey on July
23, 2013, at 7:30 P.M. or as soon thereafter as said matter can be considered, at which time and
place all persons interested therein or affected thereby will be given an opportunity to be heard
concerning the same. A copy of the Ordinance has been posted on the bulletin board upon which
public notices are customarily posted in the Municipal Building of the Borough of Bloomingdale.
During the week prior and up to the time of the public hearing, copies of said Ordinance will be
available to the members of the general public who request the same, in the Municipal Clerk's
Office between the hours of 8:00 A.M. and 4:00 P.M.
Councilman Dellaripa moved to open the meeting to a Public Hearing on this ordinance;
seconded by Councilman Conklin and carried on voice vote.
Al Miller, 7 Mary Street, asked about follow-up from the applications and was informed
there will be inspections and enforcement.
Since there was no one else who wished to speak, Councilman D’Amato moved that it be
closed; seconded by Councilman Yazdi and carried on voice vote.
Councilman Yazdi moved for the adoption of the ordinance; seconded by Councilman
Dellaripa.
Discussion followed in regard to size of a coop and it was noted that it would be 20 s.f.
for 4 chickens, 6 ft. off the ground; there will be an annual permit and no roosters are
allowed. The waste is allowed to be bagged; the State recognizes them as pet.
The motion carried as per the following roll call: Council Members: D’Amato, YES;
Dellaripa, YES; Shortman, NO; Sondermeyer, YES; Yazdi, YES and Conklin, YES.
Second and final reading and Public Hearing of Ordinance #25-2013:
Overnight Parking
AN ORDINANCE OF THE BOROUGH OF BLOOMINGDALE, IN THE COUNTY
OF PASSAIC AND STATE OF NEW JERSEY, TO AMEND THE CODE OF THE
BOROUGH OF BLOOMINGDALE, CHAPTER II, “ADMINISTRATION,”
ARTICLE VIII, “POLICIES AND PROCEDURES,” SECTION 2-80, “FEES
CHARGED FOR MUNICIPAL SERVICES,” AND CHAPTER VII, “TRAFFIC,”
PART I, “ON-STREET TRAFFIC REGULATIONS,” SECTION 7-14, “PARKING
PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS” TO
INCLUDE THE ISSUANCE OF OVERNIGHT PARKING PERMITS BY THE
18
BOROUGH AND TO INCLUDE THE FEE FOR THE OVERNIGHT PARKING
permits was given second and final reading and consideration for adoption at this time.
Councilman Yazdi moved that the ordinance be read by title; seconded by Councilman
Dellaripa and carried on voice vote.
The Municipal Clerk read the ordinance by title.
ORDINANCE 25-2013
OF THE GOVERNING BODY
OF THE BOROUGH OF BLOOMINGDALE
AN ORDINANCE OF THE BOROUGH OF BLOOMINGDALE, IN THE
COUNTY OF PASSAIC AND STATE OF NEW JERSEY, TO AMEND THE
CODE OF THE BOROUGH OF BLOOMINGDALE, CHAPTER II,
“ADMINISTRATION,” ARTICLE VIII, “POLICIES AND
PROCEDURES,” SECTION 2-80, “FEES CHARGED FOR MUNICIPAL
SERVICES,” AND CHAPTER VII, “TRAFFIC,” PART I, “ON-STREET
TRAFFIC REGULATIONS,” SECTION 7-14, “PARKING PROHIBITED
DURING CERTAIN HOURS ON CERTAIN STREETS” TO INCLUDE
THE ISSUANCE OF OVERNIGHT PARKING PERMITS BY THE
BOROUGH AND TO INCLUDE THE FEE FOR THE OVERNIGHT
PARKING PERMITS
WHEREAS, the Borough of Bloomingdale desires to allow its residents to park their
vehicles overnight on Borough streets; and
WHEREAS, the Borough of Bloomingdale seeks to regulate same by the issuance of
annual overnight parking permits for a fee certain.
BE IT ORDAINED, by the Mayor and Borough Council of the Borough of
Bloomingdale, in the County of Passaic and State of New Jersey, as follows:
SECTION 1. Chapter II, “Administration,” Article VIII, “Policies and Procedures,”
Section 2-80, “Fees Charged for Municipal Services,” of the Code of the Borough of
Bloomingdale is hereby amended to read as follows:
2-80
FEES CHARGED FOR MUNICIPAL SERVICES.
Editor's Note: For Fees for Recreational Programs see subsection 2-64.11 of this chapter.
The Borough Clerk shall charge the following fees for providing the following services:
a.
Copies of documents available to the public pursuant to the Open Public Records
Act, N.J.S.A. 1A-1 et seq. are to be charged at the following rates: (1) $0.05 per
page for letter sized pages and smaller; (2) $0.07 per page for legal sized pages
19
and larger; (3) electronic records are to be provided free of charge via e-mail and
fax; (4) $2.70 for recording manufacturer’s recommended compact disk or $.60
for standard quality compact disc; and (5) the actual cost to provide records in
another medium (i.e. computer disc, CD-ROM, DVD.)
b.
Black and White Street and/or Zoning Map $5.00
c.
Color Street and/or Zoning Map $25.00
d.
Zoning Ordinance Package $10.00
e.
Site Plan Ordinance Package $10.00
f.
Master Plan $50.00
g.
Assessment Search $10.00
h.
Tax Search $10.00
i.
Municipal Lien Search $10.00 for each property
$2.00 for each continuation year (maximum of $8.00)
j.
Search for Delinquent Properties $10.00
k.
Search for Miscellaneous Tax Information $5.00
l.
List of Property Owners within 200 feet $10.00 or $.25 per name (whichever is
greater)
m.
Duplicate Tax Sale Certificate $100.00
n.
Duplicate Tax Bill $5.00 for first duplicate copy
$25.00 for duplicate copy thereafter
o.
Mailing of Notice of Tax Sale $25.00
p.
Off-Duty Traffic Control Activities by Police Officers $60.00/hr.
Plus Administration Fee $15.00/hr.
q.
Photocopy of Tax Map $.75
r.
Returned Check Fee $20.00
s.
Tire Pickup and Disposal $5.00 per tire
t.
Leaf Bags 3 for $1.00
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u.
Garage Sales $10.00
v.
Permit to purchase a handgun $2.00
w.
Permit to carry a handgun $5.00
x.
Firearm Identification Card $5.00
y.
Summer Junior Police Academy $25.00 to $50.00
z.
Clothing Bins $10.00
aa.
Online payment fees $10 or up to 5% of costs, whichever is greater
bb.
Delivery of Topsoil/Mulch $50.00. Limit of 2 deliveries per resident annum.
cc.
Overnight Parking Permit $120.00 per annum.
The foregoing fees are in addition to fees for permits, information requests and services
that may be charged by the Zoning Board of Adjustment, Planning Board, Construction
Department and Recreation Commission and which have been codified in the Revised
General Ordinances of the Borough of Bloomingdale. (New; Ord. No. 17-2002 § I; Ord.
No. 04-2005 § V; Ord. No. 13-2010 §§ 1, 2; Ord. No. 13-2011; Ord. No. 4-2012; Ord.
No. 8-2012)
SECTION 2. Chapter VII, “Traffic,” Part I, “On-Street Traffic Regulations,” Section 714, “Parking Prohibited During Certain Hours on Certain Streets,” of the Code of the Borough of
Bloomingdale is hereby amended to read as follows:
7-14
STREETS.
PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN
No person shall park a vehicle between the hours specified any day upon any of the
streets or parts of streets described unless he or she has obtained a valid overnight parking
permit from the Borough Police Department for that vehicle. The Chief of Police shall
direct the posting of signs prohibiting overnight parking without a valid permit during the
time stated herein.
Name of Street
All streets
Side
Both
Hours
Location
Between 12 midnight
and sunrise between
November 1 and April 1
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SECTION 3. All ordinances or parts of ordinances of the Borough of Bloomingdale
inconsistent herewith are repealed to the extent of such inconsistency.
SECTION 4. If any section, subsection, clause or phrase of this ordinance is for any
reason held to be unconstitutional or invalid by any court or competent jurisdiction, such decision
shall not affect the remaining portion of this ordinance.
SECTION 5. This law shall take effect immediately upon final passage, approval and
publication as required by law.
NOTICE
is hereby given that the foregoing Ordinance #25-2013 introduced and passed upon First Reading
by title at an Official Meeting of the Governing Body of the Borough of Bloomingdale, County
of Passaic, State of New Jersey, held on June 11, 2013, and said Ordinance shall be considered
for Final Passage at an Official Meeting of the Governing Body to be held in the Council
Chambers of the Municipal Building, 101 Hamburg Turnpike, Bloomingdale, New Jersey on July
23, 2013, at 7:30 P.M. or as soon thereafter as said matter can be considered, at which time and
place all persons interested therein or affected thereby will be given an opportunity to be heard
concerning the same. A copy of the Ordinance has been posted on the bulletin board upon which
public notices are customarily posted in the Municipal Building of the Borough of Bloomingdale.
During the week prior and up to the time of the public hearing, copies of said Ordinance will be
available to the members of the general public who request the same, in the Municipal Clerk's
Office between the hours of 8:00 A.M. and 4:00 P.M.
Jane McCarthy, RMC
Municipal Clerk
Councilman Yazdi moved that a Public Hearing be open on this ordinance; seconded by
Councilman D’Amato and carried on voice vote.
Since there was no one who wished to speak under the Public Hearing, Councilman Yazdi moved
that it be close; seconded by Councilman Conklin and carried on voice vote.
Councilman Yazdi moved for the adoption of this ordinance; seconded by Councilman Dellaripa
and carried as per the following roll call: Council Members: Dellaripa; Shortman; Sondermeyer;
Yazdi; Conklin and D’Amato all YES.
INTRODUCTION OF NEW BUSINESS
Adoption of Resolution No. 2013-7.1: Payment of bills
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Councilman D’Amato offered the following Resolution and moved for its adoption:
RESOLUTION - #2013 –7.1
OF THE GOVERNING BODY
OF THE BOROUGH OF BLOOMINGDALE
Authorizing Payment of Municipal Obligations
WHEREAS, the Governing Body (“Governing Body”) of the Borough of Bloomingdale
(“Borough”) finds and declares that certain municipal obligations have come due and are now
payable; and
WHEREAS, the Governing Body further finds and declares that said obligations have been
itemized on the annexed schedules, which are hereby deemed part of this Resolution;
NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of
Bloomingdale does hereby authorize payment of said municipal obligations, in accordance with
the recommendations of the Chief Financial Officer and the Borough Treasurer, from the
following accounts and in the following amounts:
BILLS LIST
PREPAID LIST
CURRENT
UTILITY
CAPITAL
UTILITY CAPITAL
TRUST
DOG
RECREATION
ROSE FUND
RECYCLING
2,905,757.58
119,240.78
85,237.26
1,388.96
14,442.57
4,577.45
4,410.00
9,948.78
1,351.25
TOTAL
3,146,354.63
CURRENT
UTILITY
OPEN SPACE
TRUST ACCOUNT
RECYCLING
DOG
UNEMPLOY
CAPITAL
WATER CAPITAL
TOTAL
750,608.39
17,786.42
38,412.61
2,580.00
3,274.88
2,273.36
187.30
3,6 60.00
0,000.00
818,782.96
Councilman Dellaripa seconded the motion and it carried as per the following roll call: Council
Members: Shortman; Sondermeyer; Yazdi; Conklin; D’Amato and Dellaripa all YES.
Adoption of resolution #2013-7.2: Amending Employee Handbook
Councilman Yazdi offered the following Resolution and moved for its adoption; seconded by
Councilman D’Amato.
RESOLUTION #2013-7.2
OF THE GOVERNING BODY
OF THE BOROUGH OF BLOOMINGDALE
AMENDING THE BOROUGH OF BLOOMINGDALE,
EMPLOYEE HANDBOOK & POLICIES AND PROCEDURES
23
MANUAL TO CONFORM WITH STATE STATUTE AND THE
COLLECTIVE BARGAINING AGREEMENTS
WHEREAS, the Borough of Bloomingdale wishes to amend its Employee Handbook &
Policies and Procedures Manual to conform with State statute and the current Collective
Bargaining Agreements.
NOW THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the
Borough of Bloomingdale, in the County of Passaic and State of New Jersey, that the Borough of
Bloomingdale, Employee Handbook & Policies and Procedures Manual is hereby amended as
follows:
1.
The last sentence of the second paragraph of Section Three: Paid and Unpaid
Time Off, “Sick Leave Policy” is amended to read: This accumulation retirement time continues
indefinitely and employees will receive compensation for up to 180 days at one-half (1/2) their
current daily rate of pay at retirement.
2.
The last sentence of the first paragraph of Section Four: Compensation &
Employee Benefits Policies, “Health Insurance Policy” is amended to read: Employees of the
Borough have the option to decline medical benefits and by declining said benefits the employee
will receive 25% of the cost of the benefits paid quarterly or $5,000, whichever is less.
BE IT FURTHER RESOLVED that a copy of this Resolution shall be posted at the
Borough of Bloomingdale, and a copy thereof delivered to each Borough employee within five
(5) days of this Resolution.
In regard to the monies paid for opt-out, Borough Attorney stated that this is not a negotiable
item in the Collective Bargaining Agreement.
Councilman Yazdi spoke if this is for new opt-outs only; what happens if someone opted out
prior are they grandfathered in.
24
Borough Attorney stated that they are not; it does not apply to their prior opt out; this is the right
thing to do. If an employee does not agree, we will have to deal with the issue; this applies to
everyone. If a case is brought forward, we will address it; it is not grandfathered in.
The motion carried as per the following roll call: Council Members: Shortman; Sondermeyer;
Yazdi; Conklin; D’Amato and Dellaripa all YES.
Matter of Cross River Fiber
This matter will be carried to the next meeting.
Adoption of Resolution #2013-7.3: Reauthorizing Consultant Services for the Riverwalk
Feasibility Study and Plan/Burgis Associates, Inc.
Councilwoman Shortman offered the following Resolution and moved for its adoption:
Resolution No. 2013-7.3
OF THE GOVERNING BODY
OF THE BOROUGH OF BLOOMINGDALE
RESOLUTION OF THE GOVERNING BODY OF THE BOROUGH OF BLOOMINGDALE
AUTHORIZING BURGIS ASSOCIATES FOR CONSULTANT SERVICES FOR THE
RIVERWALK FEASIBILITY STUDY AND PLAN
ON BEHALF OF THE BOROUGH OF BLOOMINGDALE
WHEREAS, THE GOVERNING BODY OF THE BOROUGH OF BLOOMINGDALE has
taken prior action to award a Professional Services Contract to Burgis Associates, Inc. for
Consultant Services for the Riverwalk Feasibility Study and Plan; and
WHEREAS THE GOVERNING BODY approved the Contract Award to Burgis Associates
without competitive Bidding at an Official Meeting held on June 26, 2012 as per their proposal
submitted May 26, 2013 in the amount of $30,000; and
WHEREAS, due to the fact that the contract was for $25,000 but was initially awarded for
$30,000, Burgis Associates submitted an amended proposal dated July 16, 2013 to provide
Consultant Services for the Riverwalk Feasibility Study and Plan in the amount of $25,000; and
WHEREAS, it is in the best interests of the Borough to retain Burgis Associates for the purposes
stated herein;
NOW, THEREFORE BE IT RESOVED that the Governing Body of the Borough of
Bloomingdale appoints Burgis Associates Inc. to provide Consultant Services for the Riverwalk
Feasibility Study and Plan in the amount not to exceed $25,000.
25
Councilwoman Shortman stated that Burgis would like to present the final study on the
Riverwalk in September. Cost will be approximately $58,000
Councilman Dellaripa seconded the motion and it carried as per the following roll call: Council
Members: Yazdi, RECUSED; Conklin, YES; D’Amato, YES; Dellaripa, YES; Shortman, YES
and Sondermeyer, YES.
Introduction of Ordinance No. 26-2013: Amending Fee Ordinance for Livestock Permit
AN ORDINANCE OF THE BOROUGH OF BLOOMINGDALE, IN THE COUNTY
OF PASSAIC AND STATE OF NEW JERSEY, THE CODE OF THE BOROUGH OF
BLOOMINGDALE BY AMENDING CHAPTER II, “ADMINISTRATION,”
ARTICLE VIII, “POLICIES AND PROCEDURES,” SECTION 2-80, “FEES
CHARGED FOR MUNICIPAL SERVICES,” TO ADD FEES CHARGED BY THE
BOROUGH TO OBTAIN A LIVESTOCK permit was introduced by title by Councilman
Dellaripa who moved that second and final reading and public hearing be held on August
20, 2013 at 7:30 p.m.
Councilman Yazdi seconded the motion and it carried as per the following roll call:
Council Members: Conklin; D’Amato; Dellaripa; Shortman; Sondermeyer and Yazdi all
YES.
Introduction of Ordinance No. 27-2013: Amending Fire Suction Points
AN ORDINANCE OF THE BOROUGH OF BLOOMINGDALE, IN THE COUNTY
OF PASSAIC AND STATE OF NEW JERSEY, THE CODE OF THE BOROUGH OF
BLOOMINGDALE BY AMENDING CHAPTER XIV, “FIRE PREVENTION AND
PROTECTION,” ARTICLE 14-2, “FIRE PREVENTION PONDS AND SUCTION
POINTS,” SECTION “A”, “EXISTING AND RECOGNIZED ACCESS ROADS,
STANDPIPES AND SUCTION POINTS” TO REFLECT THAT THE SUCTION
POINT AT MORSE LAKE ROAD NEAR RAFFMAN ROAD IS TO BE
DECOMMISSIONED BY REMOVING REFERENCE TO SAME FROM THE code
was introduced by title by Councilman Yazdi who moved that second and final reading
and Public Hearing be held on August 20, 2013 at 7:30 p.m.
Adoption of resolution No. 2013-7.4: Authorizing a motion to file complaint for Anglim,
26 Short Road
Councilman Dellaripa offered the following motion and moved for its adoption:
RESOLVED, that the Borough Attorney be authorized to file a Correction of Error
Complain in regard to the property owned by Thomas Anglim; Block 87.01; Lot 28,
26
reducing the improvements on the property from $165,400 to $69,600 due to the damage
sustained by Super Storm Sandy.
Councilman Conklin seconded the motion and it carried as per the following roll call:
Council Members: Dellaripa; Shortman; Sondermeyer; Yazdi; Conklin and D’Amato al
YES.
Report on Senior Bus from the County
Mayor stated that the County has offered us a bus and we have obtained the title; his
intention is to extend our Senior Citizens programs and enable some to stay longer at the
center rather than have to leave when bus comes to pick them up. NO CDL license is
required.
Review of Noise Ordinance during construction
This has been referred back to the Ordinance Committee and we will be putting time
restrictions on construction.
Police Department Street of the Week Program
Mayor stated that the Police have started a new program whereby they will designate a
street and will be parking their cars and going up and down the street and talking to the
neighbors re concerns, etc.
Acceptance of resignation of Dispatcher Peter Russo
Councilman D’Amato moved to accept with regret the resignation of Police Dispatcher
Peter Russo; seconded by Councilman Yazdi and carried on voice vote.
Acceptance of letter of resignation from Joan Taggart as Member of the Senior
Advisory Committee
Councilman Yazdi moved to accept the resignation of Joan Taggart as a Member of the
Senior Advisory Committee with regret due to her moving out of town; seconded by
Councilwoman Shortman and carried on voice vote.
Senior Citizen Advisory Board Appointments
Councilman Shortman moved for the appointment of Sonja Brennan to replace Joan
Taggart as a Member of the Senior Citizen Advisory Board for a term expiring 12/31/13;
seconded by Councilman Yazdi and carried on voice vote.
Councilman Sondermeyer moved for the appointment of Barbara Westdyk as the Mayor’s
Representative to the Senior Citizen Advisory Board to replace Sonja Brennan for a term
expiring, 12/31/13; seconded by Councilwoman Shortman and carried on voice vote.
27
Adoption of resolution #2013-7.5: Award of contract for Backhoe
Councilman Yazdi offered the following Resolution and moved for its adoption:
RESOLUTION #2013-7.5
OF THE GOVERNING BODY
OF THE BOROUGH OF BLOOMINGDALE
REJECTING THE FIRST TWO LOW BIDS AND AWARDING THE
CONTRACT TO THE THIRD LOWEST BIDDER FOR ONE (1) NEW 2013
JD 310SK WHEEL LOADER BACKHOE
WHEREAS, pursuant to authorization by the Mayor and Borough Council of the
Borough of Bloomingdale (“Borough”), the Borough received bid proposals on July 17, 2013 for
One (1) New 2013 JD 310SK Wheel Loader Backhoe; and
WHEREAS, the Mayor and Borough Council find and declare that three (3) bid
proposals were received, opened and read on July 17, 2013; and
WHEREAS, the Mayor and Borough Council find and declare that the low bid, from
Foley, Inc. in the amount of $88,066.00 is non-responsive and fails to meet the requirements of
the bid specifications with regard to forty-eight (48) particulars; and
WHEREAS, the Mayor and Borough Council find and declare that the second low bid,
from Trico Equipment Services, LLC, in the amount of $90,430.00 is non-responsive and fails to
meet the requirements of the bid specifications with regard to twenty-eight (28) particulars; and
WHEREAS, the Mayor and Borough Council find and declare that for the foregoing
reasons the first two (2) low bids shall be rejected as non-responsive and non-compliant; and
WHEREAS, the next lowest bid was received from Jesco, Inc. in the amount of $103,450
WHEREAS, the Jesco’s bid was found to be compliant with the bid specifications in all relevant
respects pursuant to a technical review by the Borough Department of Public Works and a legal
review by the Borough Attorney; and
28
WHEREAS, the Mayor and Borough Council have determined that an award of the
contract to the third lowest bidder is in the best interests of the Borough; and
WHEREAS, the Chief Financial Officer of the Borough of Bloomingdale has certified
that sufficient funds are available for this purpose.
NOW THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the
Borough of Bloomingdale, in the County of Passaic and State of New Jersey, as follows:
1.
That the low bid received on July 17, 2013 from Foley, Inc. for One (1) New 2013
JD 310SK Wheel Loader Backhoe is hereby rejected for the reasons expressed above herein.
2.
That the second low bid received on July 17, 2013 from Trico Equipment
Services, LLC for One (1) New 2013 JD 310SK Wheel Loader Backhoe is hereby rejected for
the reasons expressed above herein.
3.
That the contract for One (1) New 2013 JD 310SK Wheel Loader Backhoe is
hereby awarded to the third lowest bidder, Jesco, Inc.
4.
That the Borough Clerk and Mayor of the Borough of Bloomingdale are hereby
authorized and directed to execute a contract for the aforesaid One (1) New 2013 JD 310SK
Wheel Loader Backhoe with Jesco, Inc., upon submission of all required documentation,
including an executed Power of Attorney dated as of the issuance of the bid bond and Consent of
Surety authorizing the attorney-in-fact to bind the Surety, by the said successful bidder.
This Resolution shall take effect immediately.
Councilman Dellaripa seconded the motion, and it carried as per the following roll call: Council
Members: Shortman, YES; Sondermeyer, YES; Yazdi, YES; Conklin, NO; D’Amato, YES and
Dellaripa, YES.
29
Adoption of resolution No. 2013-7.6: Continuation of contract with Musco for DeLazier Field
Lighting
Councilman Yazdi offered the following Resolution and moved for its adoption:
RESOLVED, that the warranty with Musco Lighting for the lighting at the fields be extended to
2023 and at the end they will revamp the entire system; seconded by Councilman Dellaripa and
carried as per the following roll call: Council Members: Sondermeyer; Yazdi; Conklin;
D’Amato; Dellaripa and Shortman all YES.
Adoption of Tax Office Resolutions No. 2013-7.7 through No. 2013-7.10
Councilman Yazdi offered the following Resolutions and moved for their adoption:
RESOLUTION #2013 –7.7
OF THE GOVERNING BODY
OF THE BOROUGH OF BLOOMINGDALE
Authorizing Overpayments in Tax Office
WHEREAS, the Governing Body (“Governing Body”) of the Borough of Bloomingdale
(“Borough”) finds and declares that Community Options E, Inc, paid the 1st & 2 nd quarter 2013
in full on Block 39.01, Lot 46, and is entitled to refund due to tax exempt property by the
assessor’s office for 2013. A refund of $4,687.76 is due.
NOW, THEREFORE, BE IT RESOLVED, that the Treasurer be authorized to issue refund
check to the following:
Address:
Community Options E, Inc
41 William Street
Wayne, NJ 07470
Refund Amount: $4,687.76
RESOLUTION #2013 – 7.8
OF THE GOVERNING BODY
OF THE BOROUGH OF BLOOMINGDALE
Authorizing Veteran Exemption
30
WHEREAS, on Oct 31, 2013 the Tax Assessor granted a VETERAN EXEMPTION for the
taxing year of 2012 & 2013 and
WHEREAS, the Governing Body further finds and declares that the foregoing property
owner has paid their 4th quarter 2012 and 1st & 2nd quarter 2013 taxes in full, and are now entitled
to refund.
NOW, THEREFORE, BE IT RESOLVED, that the Treasurer be authorized to issue refund
check to the following property owner:
Veteran: Frederick Huber
Property: Block 37.01 Lot 36
Address: 66 Red Twig Trail
Bloomingdale, NJ 07403
2012 & 2013 Refund Amount:
$ 6,341.53
RESOLUTION #2013 -7.9
OF THE GOVERNING BODY
OF THE BOROUGH OF BLOOMINGDALE
Authorizing Redemption and Cancellation of Tax Title Lien Certificate #12-00007
WHEREAS, the Governing Body (“Governing Body”) of the Borough of Bloomingdale
(“Borough”) finds and declares that, at the Borough Tax Sale held on December 28, 2012 a lien
was sold on,
90 WOOD PLACE, BLOOMINGDALE, for delinquent year 2012 TAX, and
WHEREAS, the Governing Body further finds and declares that the foregoing property is also
known as Block 49.01 Lot 86, owned by GORMLEY ESTATE, JAMES; and
WHEREAS, the Governing Body further finds and declares that the foregoing lien is known as
Tax Title Lien Certificate (TTL) # 12-00007, which was sold to STONEFIELD INVESTMENT
FUND II, LLC for PREMIUM of $2,000.00; and
WHEREAS, the Governing Body further finds and declares that GORMLEY ESTATE, JAMES
has requested redemption of TTL # 12-00007, and
WHEREAS, the Governing Body further finds and declares that GORMLEY ESTATE, JAMES
has paid all monies due on TTL #12-00007, including supporting affidavits from the lien holder
and current taxes, to the Borough of Bloomingdale;
NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of
Bloomingdale that the Borough Treasurer be and is hereby authorized to issue checks in the
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amount of $3,316.29 for the lien redemption, and $2,000.00 for premium to be made payable to
Stonefield Investment Fund II, LLC, 21 Robert Pitt Drive #202 for the redemption and
cancellation of Tax Title Lien Certificate
# 12-00007.
1099 = $ 63.95
RESOLUTION #2013 -7.10
OF THE GOVERNING BODY
OF THE BOROUGH OF BLOOMINGDALE
Authorizing Redemption and Cancellation of Tax Title Lien Certificate #12-00022
WHEREAS, the Governing Body (“Governing Body”) of the Borough of Bloomingdale
(“Borough”) finds and declares that, at the Borough Tax Sale held on December 28, 2012 a lien
was sold on,
49 HILLSIDE DRIVE, BLOOMINGDALE, for delinquent year 2012 WATER/SEWER, and
WHEREAS, the Governing Body further finds and declares that the foregoing property is also
known as Block 50 Lot 29, owned by Mirta Rivera; and
WHEREAS, the Governing Body further finds and declares that the foregoing lien is known as
Tax Title Lien Certificate (TTL) # 12-00022, which was sold to US BANK CUST FOR PRO
CAPITAL II, LLC at 18% Interest; and
WHEREAS, the Governing Body further finds and declares that BAYVIEW LOAN
SERVICING, LLC has requested redemption of TTL # 12-00022, and
WHEREAS, the Governing Body further finds and declares that BAYVIEW LOAN
SERVICING, LLC has paid all monies due on TTL #12-00022, including supporting affidavits
from the lien holder and current taxes, to the Borough of Bloomingdale;
NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of
Bloomingdale that the Borough Treasurer be and is hereby authorized to issue checks in the
amount of $ 164.11 for the lien redemption, to be made payable to US BANK CUST FOR PRO
CAPITAL II, LLC, 50 SOUTH 16TH STREET, SUITE 1950, PHILADELPHIA, PA 19102 for
the redemption and cancellation of Tax Title Lien Certificate # 12-00022.
1099 = $ 4.78
Councilman Dellaripa seconded the motion, and it carried as per the following roll call: Council
Members: Yazdi; Conklin; D’Amato; Dellaripa; Shortman and Sondermeyer all YES.
Adoption of Resolution No. 2013-7.11: Award of Contract to Tilcon
Councilman Yazdi offered the following Resolution and moved for its adoption:
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RESOLUTION #2013-7.11
OF THE GOVERNING BODY
OF THE BOROUGH OF BLOOMINGDALE
AUTHORIZING THE AWARD OF A CONTRACT TO TILCON WITHOUT
COMPETITIVE BIDDING FOR ROAD REPAIR
WHEREAS, the Borough has a need for road repair to be done on Borough roads; and
WHEREAS, the Borough wishes to retain Tilcon to perform same; and
WHEREAS, Tilcon is a contractor for the Morris County Cooperative Pricing Council
and therefore, this Agreement is executed as part of State Contracting; and
WHEREAS, pursuant to N.J.S.A. 40A:11-5, this Agreement is exempt from public
bidding requirements and the Borough may by resolution and without advertising for bids,
purchase any goods or services under the Cooperative Purchasing Program for any State contract;
and
WHEREAS, funds are available for this purpose; and
NOW THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the
Borough of Bloomingdale, in the County of Passaic and State of New Jersey, that the Borough
Clerk and Mayor of the Borough of Bloomingdale are hereby authorized to purchase road repair
services from Tilcon, for the total price of $537,907 for the term of the contract.
This Resolution shall take effect immediately
Councilman Dellaripa seconded the motion and it carried as per the following roll call:
Council Members: Conklin; D’Amato; Dellaripa; Shortman; Sondermeyer and Yazdi all
YES.
Adoption of Resolution No. 2013-7.12: Authorization for lease with Passaic County for
Nutrition Center
Councilman Dellaripa offered the following Resolution and moved for its adoption:
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RESOLVED, that a Lease Agreement between the Borough of Bloomingdale and the
County of Passaic be authorized for the use of the Bloomingdale Senior Citizen Center on
a month-to-month basis and a cost of $900/month; said Lease Agreement is on file in the
Municipal Clerk’s Office.
Councilman Yazdi seconded the motion and it carried as per the following roll call:
Council Members: D’Amato; Dellaripa; Shortman; Sondermeyer; Yazdi and Conklin all
YES.
Adoption of Resolution No. 2013-7.13: Authorization of a Chapter 159 Special Item of
Revenue; West Essex Regional School District Construction Services
Councilman Yazdi offered the following resolution and moved for its adoption:
RESOLUTION #2013- 7.13
OF THE GOVERNING BODY
OF THE BOROUGH OF BLOOMINGDALE
Authorizing the Insertion into the FY2013 Municipal Budget Pursuant to N.J.S.A. 40A:4-87
(Chapter 159, P.L. 1948) of a Special Item of Revenue in the Form of a State of New Jersey
Interlocal Service Agreement West Essex Regional School District Construction Services
WHEREAS, the Governing Body (“Governing Body”) of the Borough of Bloomingdale
(“Borough”) finds and declares that N.J.S.A. 40A:4-87 provides that the Director of the Division
of Local Government Services (“Director”), within the State of New Jersey Department of
Community Affairs, may approve the insertion of any special item of revenue in the budget of
any county or municipality; and
WHEREAS, the Governing Body further finds and declares that N.J.S.A. 40A:4-87 provides that
the Director may also approve the insertion of any item of appropriation for an equal amount; and
WHEREAS, the Governing Body further finds and declares that it is in the best interests of the
citizens of the Borough to request approval of the insertion into the Borough’s FY2013
Municipal Budget of an item of revenue based upon an Interlocal Agreement secured by the
Borough from the State of New Jersey;
NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of
Bloomingdale does hereby request that the Director of the Division of Local Government
Services, within the State of New Jersey Department of Community Affairs, approve the
insertion into the Borough’s FY2013 Municipal Budget of an item of revenue in the sum of
$2,638.00, which item is now available as revenue in the form of a State of New Jersey Current
Fund – Interlocal Services Agreement West Essex Regional School District Construction
Services; and
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BE IT FURTHER RESOLVED that a like sum of $2,638.00 be and the same is hereby
appropriated under the caption:
Interlocal Municipal Service Agreements
West Essex Regional School District Construction Services
AND BE IT FURTHER RESOLVED that three (3) certified copies of this Resolution be
forwarded to the Office of the Director of Local Government Services, within the State of New
Jersey Department of Community Affairs, for this purpose.
Councilman Dellaripa seconded the motion, and it carried as per the following roll call: Council
Members: Dellaripa; Shortman; Sondermeyer; Yazdi; Conklin and D’Amato all YES.
Adoption of Resolution NO. 2013-7.14: Rafkind Road
Councilman Yazdi offered the following resolution and moved for its adoption:
RESOLUTION No. 2013-7.14
OF THE GOVERNING BODY
OF THE BOROUGH OF BLOOMINGDALE
Declaring An Emergency
For Purposes Of Awarding Contract for Rafkind Road Water Service Repairs
WHEREAS, the Governing Body (“Governing Body”) of the Borough of Bloomingdale
(“Borough”) finds and declares an emergency situation has developed with a water service
repair on Rafkind Road; and
WHEREAS, the Governing Body further finds and declares that this poses an imminent threat
to the public health, safety and welfare of an emergent nature that warrants immediate remedial
action; and
WHEREAS, the Governing Body further finds and declares that N.J.S.A. 40A:11-6 authorizes a
municipality to negotiate and/or award a contract without public advertisement when an
emergency affecting the public health, safety or welfare requires the immediate performance of
services; and
WHEREAS, the Governing Body further finds and declares that the Water Utility Department,
acting in the reasonable belief that an emergency affecting the public health, safety and welfare
requires immediate remedial action without public advertisement for services;
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WHEREAS, the Governing Body further finds and declares that the Water Utility Department
has correctly recommended that the aforementioned water service repairs be remedied through
the award to John Barrett Inc., 38 Main Street, Bloomingdale, NJ 07403 who submitted the
following cost estimate:
John Barrett, Inc.
Tilcon
$12,500.00
$ 2,000.00
And:
WHEREAS, the emergency costs to be funded through the 2014 Water Utility budget;
NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of
Bloomingdale does hereby declare the existence of a public emergency warranting the
completion of the Rafkind Road Water Service repairs as soon as possible and does hereby award
said project to the entities mentioned above.
Councilman Conklin seconded the motion and it carried as per the following roll call: Council
Members: Shortman; Sondermeyer; Yazdi; Conklin; D’Amato and Dellaripa all YES.
DOT Grant Application
Mayor spoke is regard to deadline for DOT grant is coming up in September and his
recommendation is to do Star Lake Road.
Authorization for Special Meeting July 29, 2013 at 7:30 p.m.
Councilman Dellaripa moved that a Special Meeting be authorized on July 29, 2013 at 8 a.m. to
introduce a bond ordinance for additional laterals on Rafkind Road; seconded by Councilman
Yazdi.
The motion carried as per the following roll call: Council Members; Sondermeyer; Yazdi;
Conklin; D’Amato; Dellaripa; Shortman and Sondermeyer all YES.
LATE PUBLIC COMMENT
Councilman Dellaripa moved that the meeting be open to Late Public Comment; seconded by
Councilman D’Amato and carried on voice vote.
Frank O’Reilly, 21 Pearl Street, spoke in regard to good project for the Eagle Scout would be
Friendship Park which needs boundary markings and species identification and a new sign.
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Mr. O’Reilly also spoke in regard to an article he read whereby NJDWSC is starting to be
allowed to pump water into the Wanaque reservoir to ease pressure on United Water; this will
pump polluted water into the reservoir and felt the Council should do a resolution opposing it.
Also, if we enter into an agreement with Cross River Fiber, we should seek cameras to monitor
the fields, i.e. DeLazier Field.
Mr. O’Reilly spoke in regard to fact that when a ticket is issued, how long the personal
information in a database is; he is not in favor of that. Mayor will check with the Police Chief in
regard to this and get back to him.
Since there was no one else who wished to speak, Councilman Yazdi moved that it be closed;
seconded by Councilman Dellaripa and carried on voice vote.
LATE EXECUTIVE SESSION
Councilman Dellaripa offered the following Resolution and moved for its adoption:
Borough of Bloomingdale
Passaic County, New Jersey
~ Resolution No. 2013 –
MOTION FOR EXECUTIVE SESSION
BE IT RESOLVED by the Governing Body of the Borough of Bloomingdale on the 23rd day
of July, 2013 that:
1. Prior to the conclusion of this Official Meeting, the Governing Body shall
meet in Executive Session, from which the public shall be excluded, to
discuss matters as permitted pursuant to N.J.S.A. 10:4-12, sub-section (s):
(x ) a. (3) Confidential or excluded matters, by express provision of Federal law or
State statute or rule of court.
( )
b. ( ) A matter in which the release of information would impair a right to receive
funds from the Government of the United States.
( )
c. ( ) Material the disclosure of which constitutes an unwarranted invasion of
individual privacy.
( )
d. ( ) A collective bargaining agreement including negotiations.
( )
e. ( ) Purchase, lease or acquisition of real property, setting of banking rates or
investment of public funds, where it could adversely affect the public
interest if disclosed.
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( )
f. ( ) Tactics and techniques utilized in protecting the safety and property of the
public, if disclosure could impair such protection. Investigation of
violations of the law.
( )
g. ( ) Pending or anticipated litigation or contract negotiations other than in
subsection b. (4) herein or matters falling within the attorney-client
privilege.
(x )
( )
h. (1 )
Personnel matters.
i. ( ) Deliberations after a public hearing that may result in penalties.
2. The time when the matter(s) discussed pursuant to Paragraph 1 hereof can be disclosed to
the public is as soon as practicable after final resolution of the aforesaid matter(s).and
certified as a true copy of an original.
Councilwoman Shortman seconded the motion and it carried on voice vote.
(The Mayor and Council went into executive Session at this time)
RECONVENED
Mayor Dunleavy reconvened the meeting at 10:11 p.m.
ADJOURNMENT
Since there was no further action to be taken, Councilman D’Amato moved to ADJOURN the
meeting at 10:11 p.m.; seconded by Councilman Dellaripa and carried on voice vote.
Jane McCarthy, RMC
Municipal Clerk