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M031708

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									Bloomfield, New Jersey 07003 March 17, 2008 Sixth Regular Meeting of the Township Council. The meeting commenced at 7:36 PM. Mayor McCarthy opened the meeting with the following brief statement. "Notice of 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 l975 (The Open Public Meetings Act). 1. 2. By posting such notice on the bulletin board in the Municipal Building, and By mailing such notice to the offices of the Independent Press, Bloomfield Life and the Star Ledger.

At this time, Mayor McCarthy led the audience in the Pledge of Allegiance. Roll call showed Councilmembers present: Janice Maly, Ray Tamborini, Patricia Ritchings, Patricia Barker, Patricia Spychala, Bernard Hamilton and Mayor Raymond J. McCarthy. In attendance at the commencement of the meeting were the following: Louise M. Palagano, Administrator/Municipal Clerk, Bonita Triola, Deputy Municipal Clerk, Steve Coppola, Assistant Township Engineer and Brian Aloia, Township Attorney. Councilwoman Maly moved the approval of previous minutes of the Regular Council Meeting, February 19, 2008, which was seconded by Councilman Tamborini and carried. Ms. Triola stated that no written communications were received. At this time, Mayor McCarthy opened the oral portion of the meeting to the public. There being no public comments, Mayor McCarthy asked for a motion to close the oral portion of the meeting to the public. Councilman Tamborini moved to close the Oral Portion of the meeting, which was seconded by Councilwoman Ritchings and carried. Councilwoman Ritchings submitted the following ordinance on first reading: AN ORDINANCE TO AMEND CHAPTER 194, HAWKERS, PEDDLERS AND TRANSIENT MERCHANTS OF THE CODE OF THE TOWNSHIP OF BLOOMFIELD BE IT ORDAINED by the Mayor and Council of the Township of Bloomfield, that Chapter 194, Article II, Hawkers, Peddlers and Transient Merchants, of the Code of the Township of Bloomfield, County of Essex, State of New Jersey, is hereby amended to read as follows:

Article II Hawkers, Peddlers and Transient Merchants
C:\WINDOWS\MSOFFICE\WINWORD\MINUTESe288dc29-d507-45e6-b2a7-93d76d6329e4.doc 1/28/2010

Bloomfield, New Jersey 07003 March 17, 2008 § 194-9. License required for hawkers, peddlers and transient merchants. No hawkers, peddlers or transient merchants shall carry on or attempt to carry on any business, trade or occupation in the Township without having first obtained from the Township Council a license for such business in accordance with this Article. Furthermore, all hawkers, peddlers or transient merchants must all obtain the proper license from the Township of Bloomfield, Board of Health. No license shall be required of any merchant establishment not transient of seasonal in nature. (A) Definitions. As used in this section:

Peddler shall mean a person, commonly referred to either as a "peddler" or "hawker" or “transient merchant” who goes from place to place by traveling on the streets for the purpose of selling to consumers from a vehicle licensed and insured in accordance with New Jersey motor vehicle laws. Vehicle shall mean and include cars, motor trucks, and other motor vehicles properly registered and insured in accordance with New Jersey motor vehicle laws. No licenses will be provided to individuals with carts or other types of conveyance. (B) Exemptions.

1. Any person holding a license issued pursuant to N.J.S.A. 45:24-9, et seq., shall be exempt from the licensing requirements of this section provided, however, that such a license holder shall be required to comply with all other provisions of this section. 2. Any person who is soliciting on behalf of a charitable, political or civic nonprofit organization shall be exempt from the licensing requirements of this section provided; however, that such person shall be required to comply with all other provisions of this section. 3. The fee requirements of this section shall not be held to include the following persons who are expressly exempt from such fees: a. Any person selling fruits, vegetables and farm products. b. Any person honorably discharged form the military, naval or marine forces of the United States. c. Any blind person who is a resident of the Township. d. Any person holding an exempt fireman certificate in accordance with the provisions of N.J.S.A. 40A:14-56. § 194-10. Licenses (A) Applications: All applications for Peddlers‟ licenses shall be accompanied by a $150.00 application/license fee and shall be made to the Town Clerk on forms provided by the Clerk and shall contain the following information: 1. Name and permanent and local address of the applicant. If the applicant is a corporation, the name and address of its registered agent and each person who will actually conduct the business. All such persons are hereinafter referred to as "applicants," 2. If a vehicle is to be used, its description, including the license number. 3. If the applicant is employed by another, the name and address of the employer, together with credentials establishing the exact relationship. 123

Bloomfield, New Jersey 07003 March 17, 2008 4. Applications by partnerships shall be signed by all partners, with the information required by this section supplied in detail as to each partner, and applications by corporations shall have attached individual statements containing all of the information required by this subsection relating to each employee or agent who shall engage in the licensed activity, and shall be signed by each employee or agent. 5. The days of the week and the hours of the day during which the licensed activity will be conducted. 6. A description of the nature of the business and the goods, property or services to be sold or supplied. 7. A statement as to whether the applicant has been convicted of any crime or the violation of any municipal ordinance other than traffic offenses and, if so, the date and place of conviction, the nature of the offense and the punishment or penalty imposed, and a statement of all charges, if' any, pending against the applicant. 8. Appropriate evidence as to the good character and business responsibility of the applicant so that an investigator may properly evaluate his character and responsibility. 9. The Applicant shall provide two (2) photographs, not over one (1) year old, showing applicant's face, front and profile, of a minimum size of one and onehalf by one and one-half (1 ½ x 1 ½ ) inches which shall be affixed to the application. 10. The applicant shall be fingerprinted by the Bloomfield Police Department and a criminal background check shall be performed. Fingerprint records shall be immediately processed for classification and identification. Investigation of Applicants.

(B)

All applications shall be referred to the Chief of' Police or a Police Officer designated by him, who shall immediately institute an investigation of the applicants business responsibility, moral character and ability to properly conduct the licensed activity he considers necessary for the protection of the public. The applicant shall be fingerprinted and a complete background check including criminal history shall be conducted. The investigator shall communicate his findings in writing to the Township Clerk within a reasonable time after the application has been filed. If the investigator's report supports a finding that the applicant's character, ability or business responsibility is unsatisfactory or that the products, services or

activity are not free from fraud, the Township Clerk shall highlight the findings in a memorandum addressed to the Council for their consideration. In any event, after the Township Clerk has received all of the information from the applicant, including the application fee, and the results of the background check, the Township Clerk shall prepare a summary of the application for the Township Council who shall review the documentation and make a determination of whether to issue a license. The decision of the Township Council shall be final. 124

Bloomfield, New Jersey 07003 March 17, 2008 Under no circumstances shall any license be issued to any peddler unless they obtain a Type II fire safety permit from the Bloomfield Fire Department and the application is also approved by the Chief of Police who shall ensure traffic compliance and public safety. All merchant establishments are also required to obtain a Type II fire safety permit from the Bloomfield Fire Department and the approval of the Chief of Police to ensure traffic compliance and public safety. (C) 1. Issuance of license. The license, if granted by the Township Council, shall be issued by the Township Clerk. The Township Clerk shall issue each license when a vehicle is to be used, bearing the words "Licensed Peddler, Township of Bloomfield," together with the number of the license and the expiration date written as “Expires May 1, 20__” , and all vehicles used for the purpose of peddling as aforesaid shall have affixed on the side thereof the metal plates mentioned above and the name of the licensee in letters at least two inches in height written or painted clearly and distinctly thereon, and all peddlers not using a vehicle shall wear in a conspicuous place a badge to be furnished by the Township Clerk containing the same information. Any person, licensed as aforesaid, engaged in peddling as aforesaid in the streets and public places of this Township shall at all times carry with him, when so engaged, his license and shall exhibit the same, on demand, to any police officer or Township Official requesting same. The license shall expire on May 1 next after its issuance. All licenses must be renewed before they expire or the license shall be lost and the Township shall issue the license to the next applicant the Township has or receives. Licensees who hold licenses shall not lose their license as long as they are continually renewed before expiration. The Township Clerk shall keep a record of all such licenses in a book to be provided for that purpose. License Classes; Term; Number Restricted. Class of Licenses. Licenses shall be divided into the following classes: Class 1: License for the sale of products within thirty (30) feet of or within the boundaries of the following specific areas of the Town: Brookside Park, (90 Bay Avenue); Clark‟s Pond, (111 Dewey Street); Milbank Playground, (264 N. 17 th Street); Pulaski Park, (24 Mt. Vernon Avenue); The Business Administrator or his/her designee shall determine where, in each park, the licensee may be located, giving particular consideration to the safety of the patrons approaching the vendor. The time limits listed in 194 -13(b) may be waived by the Administrator for any peddler selling goods with a Class 1 license in the above referenced areas. 2. Class 2: License for the sale of prepackaged food products and snacks from a vehicle. The licensee may sell in any zone, (except areas in which a Class 1 license is required) provided that no sale stops shall be for more than fifteen (15) minutes in any zone as indicated in 194-13(b). Class 3: License for the sale of food products and snacks from a vehicle. The licensee may sell in any zone, (except areas in which a Class I or Class 2 125

2.

3.

4.

(D) 1.

3.

Bloomfield, New Jersey 07003 March 17, 2008 license is required) provided that no sale stops shall be for more than fifteen (15) minutes in any zone as indicated in 194-13(b). 4. Class 4: License for the sale of snacks and meals from a lunch truck. Licensees shall not be permitted to sell in any residential zone, and shall be limited to sale of food on private property, with the permission and invitation of the property owner.

Peddler may purchase more different Classes of license to allow peddler to sell throughout the Township (E). Number of Licenses. The number of licenses issued by the Township shall be restricted as follows: 1.. 3. 4. 5. Class 1: Class 2: Class 3: Class 4: Three (3) licenses. Five (5) licenses. Two (2) licenses. There shall be no limit on the number of licenses issued.

§ 194-11. License nontransferable. No person having obtained a license under this Article shall lend or hire the same to any person, or lend or hire or allow the use of any license, with such licensed person's name thereon, for the purpose of peddling. All Peddler‟s are required to obtain a license under this Article unless specifically exempted. Peddler‟s licenses are specific to a person and Peddler‟s are forbidden to allow another person to operate under their license. § 194-12. Prohibited Conduct and Use Regulations. No Peddler shall: a. Cart Regulations. Engage in the business of peddling utilizing a cart or other means of conveyance not registered and insured in accordance with New Jersey Motor vehicle laws.

b. Location of Vehicle Time Limits. Park, station or maintain his vehicle or allow it to remain at the same location for more than fifteen (15) minutes unless a sale is transacted or potential customer is actually stopped at the vehicle surveying the peddler‟s wares. After each sale or survey by a potential customer, the fifteen (15) minute period shall begin anew. At the expiration of the fifteen (15) minute period, the peddler must move his vehicle at least thirty (30) feet. The peddler may not return to any location from which he has moved in accordance with the requirements of this subsection or to any place within thirty (30) feet of said location for two (2) hours. This subsection shall apply to all locations throughout the Township. 126

Bloomfield, New Jersey 07003 March 17, 2008 c. Obstruction of Traffic or Pedestrians; Litter Receptacle, Receptacle Requirements. Park, station, or maintain his vehicle in such a way as would (1) substantially restrict, obstruct, interfere with or impede the pedestrian‟s right -ofway; (2) substantially restrict, obstruct, interfere with or impede the ingress or egress from the abutting property; (3) create or become a nuisance; (4) increase traffic congestion, cause or increase traffic delay or hazards; (5) cause, create or constitute a danger to life, health or property; or (6) sell food, drinks, ice cream or confections of any kind for immediate consumption unless he has available for public use his own litter receptacle which shall be clearly marked and maintained for his patronage use. No peddler shall leave any location without first picking up, removing and disposing of any and all trash or refuse remaining from sales made by him. d. Unattended Vehicles. Leave any vehicle unattended at any time or store, place or leave the same overnight on any public way of the township. e. Prohibited Hours of Sale. Engage in the business of selling between 9:00 p.m. and 7:00 a.m. f. Proximity to Intersections. Park, station, or maintain his vehicle or his goods, wares or merchandise, or allow them to remain at any location for sale or display or be sold if to do so would place the seller or his goods, wares or merchandise closer than ten (10) feet from intersecting streets or sidewalks.

g. Minimum Pedestrian Right-of-way. Park, station, or maintain his vehicle or allow it to remain on any sidewalk if to do so would reduce the unobstructed pedestrian right-of-way to less than six (6) feet. h. Proximity to Curb Cuts. Engage in the business of peddling within ten (10) feet of any location where the curb has been depressed to facilitate pedestrian or vehicle movement. i. Receipts. Engage in business at any location without having the ability to provide a written receipt to each customer that requests a receipt. The receipts shall show clearly the seller‟s name, business address, license number, a description of the merchandise sole, and the purchase price and shall be sequentially numbered. Proximity to Bus Stops. Engage in the business of peddling within sixty (60) feet of a bus stop.

j.

k. Proximity to Fire Hydrants and Crosswalks. Engage in the business of peddling within fifteen (15) feet of any fire hydrant, crosswalk or driveway. l. Obstructing Entranceways. Park, station, place, set up or maintain his vehicle or goods at any location within fifty (50) feet of the entranceway to any building, store, theater, library, school, museum, movie house, sports area or other place of public assembly. For purposes of this subsection “entranceway” shall include a door providing ingress and egress to such places and any recessed area in the vicinity of the door.

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Bloomfield, New Jersey 07003 March 17, 2008 m. Placing a Vehicle Where Parking is Prohibited . Place a vehicle or conduct a general peddling business at a location in the street where stopping, standing or parking is prohibited, or during a time period when stopping, standing or parking is restricted. n. Violation of Traffic Parking Regulation. Violate any traffic parking law, ordinance or regulation, or operate in such a manner as to restrict the continued maintenance of a clear passageway for vehicles. o. Display of Tax Certificate. Engage in the business of peddling without prominently displaying on his vehicle his certificate of registration from the Director of the Division of Taxation of the New Jersey State Department of Treasury. p. Peddling Prohibited. Engage in peddling on the Green, (area between Broad Street, Beach Street, Park Place and Liberty Street); Felton Field, (145 Floyd Avenue); Memorial Park, (231 Belleville Avenue); Vassar Field, (606 E. Passaic Avenue); Wrights Field, (303 Berkeley Avenue); or at any public school without permission of the Board of Education. q. Peddling Prohibited. Engage in peddling in the Township of Bloomfield in any area without the required “Class” permit. § 194-13. Suspension or Revocation of License. The Township Administrator and/or Township Council may immediately suspended a license issued under this Article for a period of not more than thirty (30) days, pending a hearing to revoke the permit for any of the following causes: a. Fraud, misrepresentation or false statement in any application for a license; or b. Fraud, misrepresentation, false statement or other dishonesty in the conduct of the licensed activity; or c. An alleged violation of any provisions of this Chapter; or

d. Conviction of the licensee for any felony or high misdemeanor or a misdemeanor or disorderly person‟s offense involving moral turpitude; or e. Conduct of the licensed activity in an unlawful manner or in a manner that constitutes a breach of the peace or a menace to the public health, safety or general welfare. f. Whenever a license has been issued based upon an application pending the results of the investigation, the license may be summarily revoked if the result of the investigation is such as would have resulted in denial of the application. Notice of a hearing for the revocation of a license shall be given to the licensee in writing by the Municipal Clerk. The notice shall specifically set forth the grounds on which the proposed revocation is based and the time and place of the hearing. The notice shall be served by mailing a copy to the licensee at his last known address by certified mail, return 128

Bloomfield, New Jersey 07003 March 17, 2008 receipt requested at least five (5) days prior to the date set for the hearing. At the hearing, the licensee shall have the right to appear and be heard in his own behalf, to cross-examine opposing witnesses and to have a permanent record made of the proceedings at his own expense. The Township Council may revoke or suspend the license if it is satisfied by a preponderance of the evidence that the licensee is guilty of the acts charged. § 194-14. Reinstatement of Revoked Licenses. The Township Council may issue another license to a person whose license has been revoked or denied if after hearing it is satisfied by clear and convincing evidence that the acts which led to the revocation or denial will not occur again; otherwise, no person w hose license has been revoked or denied nor any person acting for him, directly or indirectly, shall be issued another license to carry on the same activity. § 194-15. Insurance Requirements. Every licensee shall carry and maintain in force insurance covering its operations written by an insurance company licensed to do business in the State of New Jersey, providing the following minimum coverage and language: 1. Comprehensive General Liability – five hundred thousand ($500,000) dollars (combined single limit each occurrence) 2. Business Automobile Liability – five hundred thousand ($500,000) dollars (each accident), or if the license is granted to an entity that does not own any automobiles and uses employees that would use their own automobiles to conduct business, then employer‟s nonownership automobile liability will be accepted for the business auto insurance requirement. 3. The Township and its agents and employees shall be indemnified and held harmless from all claims and demands, losses and expenses arising from the permission granted and shall be named as an additional insured.

4. The issuing company shall notify the Township with ten (10) days of the cancellation of any of the policies. 5. The Licensee shall provide proof of paid-up insurance coverage, and in the case of not having paid the policy for a full year, appropriate i.e., monthly, quarterly or semiannual proof shall be provided. § 194-16. Special permits; fees„ [Amended 10-1-1991; 12-1-2003 by Ord. No. 03-471 Permits for one to three days may be issued by the Township Clerk in lieu of the licenses required by this article, subject to the approval of the Chief of Police or Captain of Police, upon payment of a fee of $50 to the Township Clerk § 194-17. Violations and penalties. [Added 11-2-19871 Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $1,000 or by imprisonment for' a term not exceeding 90 days, or both. 129

Bloomfield, New Jersey 07003 March 17, 2008 All ordinances inconsistent herewith are hereby repealed. This ordinance shall take effect ten (10) days after the first publication thereof, after final adoption. On motion of Councilwoman Ritchings seconded by Councilwoman Barker same was passed on first reading: Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Ms.) Barker, (Ms.) Spychala, (Mr.) Hamilton and Mayor McCarthy voting "aye". Councilwoman Barker submitted the following ordinance on first reading: BOND ORDINANCE PROVIDING FOR REPAIRS TO THE RETAINING WALL AT TONEY’S BROOK IN AND BY THE TOWNSHIP OF BLOOMFIELD, IN THE COUNTY OF ESSEX, NEW JERSEY, APPROPRIATING $230,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $218,000 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 two-thirds of all members thereof affirmatively concurring) AS FOLLOWS: Section 1. The improvement described in Section 3 of this bond ordinance is hereby authorized to be undertaken by the Township of Bloomfield, New Jersey (the “Township”) as a general improvement. For the improvement or purpose described in Section 3, there is hereby appropriated the sum of $230,000, including the sum of $12,000 as the down payment required by the Local Bond Law. The down payment is now 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 improvement or purpose not covered by application of the down payment, negotiable bonds are hereby authorized to be issued in the principal amount of $218,000 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. (a) The improvement hereby authorized and the purpose for the financing of which the bonds are to be issued is the repairs to the retaining wall at Toney‟s Brook, including all work and materials necessary therefore and incidental thereto. (b) The estimated maximum amount of bonds or notes to be issued for the improvement or purpose is as stated in Section 2 hereof. (c) The estimated cost of the improvement or purpose is equal to the amount of the appropriation herein made therefore.

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Bloomfield, New Jersey 07003 March 17, 2008 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. stated: (a) The improvement or purpose described in Section 3 of this bond ordinance is not a current expense. It is an improvement or purpose that the Township may lawfully undertake as a general improvement, and no part of the cost thereof has been or shall be specially assessed on property specially benefited thereby. (b) The period of usefulness of the improvement or purpose within the limitations of the Local Bond Law, according to the reasonable life thereof computed from the date of the bonds authorized by this ordinance, is 15 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 $218,000, and the obligations authorized herein will be within all debt limitations prescribed by that Law. The following additional matters are hereby determined, declared, recited and

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Bloomfield, New Jersey 07003 March 17, 2008 (d) An aggregate amount not exceeding $20,000 for items of expense listed in and permitted under N.J.S.A. 40A:2-20 is included in the estimated cost indicated herein for the purpose or improvement. Section 7. Any grant moneys received for the purpose described in Section 3 hereof shall be

applied either to direct payment of the cost of the improvement or to payment of the obligations issued pursuant to this ordinance. The amount of obligations authorized but not issued hereunder shall be reduced to the extent that such funds are so used. Section 8. The chief financial officer of the Township is hereby authorized to prepare and to

update from time to time as necessary a financial disclosure document to be distributed in connection with the sale of obligations of the Township and to execute such disclosure document on behalf of the Township. The chief financial officer is further authorized to enter into the appropriate undertaking to provide secondary market disclosure on behalf of the Township pursuant to Rule 15c2-12 of the Securities and Exchange Commission (the “Rule”) for the benefit of holders and beneficial owners of obligations of the Township and to amend such undertaking from time to time in connection with any change in law, or interpretation thereof, provided such undertaking is and continues to be, in the opinion of a nationally recognized bond counsel, consistent with the

requirements of the Rule. In the event that the Township fails to comply with its undertaking, the Township shall not be liable for any monetary damages, and the remedy shall be limited to specific performance of the undertaking. Section 9. The full faith and credit of the Township are hereby pledged to the punctual

payment of the principal of and the interest on the obligations authorized by this bond ordinance. The obligations shall be direct, unlimited obligations of the Township, and the Township shall be obligated to levy ad valorem taxes upon all the taxable real property within the Township for the payment of the obligations and the interest thereon without limitation of rate or amount. Section 10. This bond ordinance shall repeal Bond Ordinance 07-58 finally adopted December

17, 2007 and all expenditures made under Bond Ordinance 07-58 shall be transferred to this bond ordinance. Section 11. This bond ordinance shall take effect 20 days after the first publication thereof after

final adoption, as provided by the Local Bond Law. On motion of Councilwoman Barker seconded by Councilwoman Spychala same was passed on first reading: Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Ms.) Barker, (Ms.) Spychala, (Mr.) Hamilton and Mayor McCarthy voting "aye". The Municipal Clerk read the following ordinance by title: 132

Bloomfield, New Jersey 07003 March 17, 2008 AN ORDINANCE TO AMEND TOWNSHIP OF BLOOMFIELD’S ORDINANCE ADOPTING TITLES FOR EMPLOYEES AND FIXING SALARY RANGES (Chief Municipal Prosecutor) Mayor McCarthy asked if there were any objections to the ordinance just read by the Municipal Clerk. Councilwoman Spychala moved the ordinance just read by the Municipal Clerk be adopted on final reading, which motion was seconded by Councilman Hamilton: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Ms.) Barker, (Ms.) Spychala, (Mr.) Hamilton and Mayor McCarthy voting "aye". Councilman Hamilton moved and Councilwoman Maly seconded the adoption of the following resolution: 2008 RESOLUTION AUTHORIZING THE AWARD OF A NON-FAIR AND OPEN CONTRACT FOR DOWNTOWN REDEVELOPMENT CONSULTANT WHEREAS, the Township of Bloomfield needs the services of a downtown redevelopment consultant and desires to reappoint the consultant utilized last year, Value Research Group, LLC; and

WHEREAS, the Township desires to make this appointment under the provisions N.J.S.A. 19:44A20.4 as a non-fair and open contract; and WHEREAS, it has been determined that the value of these services will exceed $17,500; and WHEREAS, this contract will end on December 31, 2008; and WHEREAS, Value Research Group, LLC has submitted a proposal indicating they will provide the service and has estimated the cost to be approximately $640,000.00; and WHEREAS, Value Research Group, LLC has completed and submitted a Business Entity Disclosure Certification which certifies that 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 Value Research Group, LLC from making any reportable contributions through the duration of this contract; and WHEREAS, the Director of Finance has certified that funds are available to cover the cost of this service. NOW, THEREFORE BE RESOLVED, that the Mayor and Council of the Township of Bloomfield authorizes the Township Administrator and/or theTownship Attorney to negotiate a contract with Value Research Group, LLC as described herein; and BE IT FURTHER RESOLVED, that the contract language shall contain the same indemnity language contained in the last contract between the parties; and

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Bloomfield, New Jersey 07003 March 17, 2008 BE IT FURTHER RESOLVED, that the parties must also negotiate other terms and conditions including payment method and timing; and BE IT FURTHER RESOLVED, that no minimum payment is implied or guaranteed; and BE IT FURTHER RESOLVED, that the Business Disclosure Entity Certification, the Township Administrator‟s Determination of Value, the proposal of Value Research Group, LLC 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 a notice of this action shall be printed once in the official newspaper of the Township of Bloomfield. Roll call vote showed the following: (Ms.) Maly, Mr.) Tamborini, (Ms.) Ritchings, (Ms.) Barker, (Ms.) Spychala, (Mr.) Hamilton and Mayor McCarthy voting "aye". Councilwoman Maly moved and Councilman Tamborini seconded the adoption of the following resolution: 2008 RESOLUTION AUTHORIZING THE AWARD OF A NON-FAIR AND OPEN CONTRACT FOR APPRAISAL CONSULTANT WHEREAS, the Township of Bloomfield has a need for the services of an appraisal consultant as a non-fair and open contract pursuant to the provisions N.J.S.A. 19:44A-20.4; and WHEREAS, the Tax Assessor has determined and certified in writing that the value of these services may exceed $17,500; and WHEREAS, this contract will end on December 31, 2008; and WHEREAS, Value Research has submitted a proposal indicating they will provide the appraisal services for the amount of $130.00 per hour; and WHEREAS, Value Research has completed and submitted a Business Entity Disclosure Certification which certifies that 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 Value Research from making any reportable contributions through the duration of the contract; and WHEREAS, the Director of Finance has certified that funds are available to cover the cost of this service; and NOW, THEREFORE, BE RESOLVED that the Mayor and Council of the Township of Bloomfield authorizes the Tax Assessor to enter into a contract with Value Research as described herein; and BE IT FURTHER RESOLVED, that no minimum payment is implied or guaranteed; and

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Bloomfield, New Jersey 07003 March 17, 2008 BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification, the Tax Assessor‟s Determination of Value, the proposal of Value Research, 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 a notice of this action shall be printed once in the official newspaper of the Township of Bloomfield. Roll call vote showed the following: (Ms.) Maly, Mr.) Tamborini, (Ms.) Ritchings, (Ms.) Barker, (Ms.) Spychala, (Mr.) Hamilton and Mayor McCarthy voting "aye". Councilman Tamborini moved and Councilwoman Ritchings seconded the adoption of the following resolution: 2008 RESOLUTION AUTHORIZING THE AWARD OF A NON-FAIR AND OPEN CONTRACT FOR APPRAISAL CONSULTANT WHEREAS, the Township of Bloomfield has a need for the service of an appraisal consultant as a non-fair and open contract pursuant to the provisions N.J.S.A. 19:44A-20.4; and WHEREAS, the Tax Assessor has determined and certified in writing that the value of these services may exceed $17,500; and WHEREAS, this contract will end on December 31, 2008; and WHEREAS, Michael E. Holenstein has submitted a proposal indicating they will provide the appraisal services for in the amount of $110.00 per hour; and WHEREAS, Michael E. Holenstein has completed and submitted a Business Entity Disclosure Certification which certifies that he has 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 Michael E. Holenstein from making any reportable contributions through the duration of this contract; and WHEREAS, the Director of Finance has certified that funds are available to cover the cost of these service; and NOW, THEREFORE, BE RESOLVED that the Mayor and Council of the Township of Bloomfield authorizes the Tax Assessor to enter into a contract with Michael E. Holstein as described herein; and BE IT FURTHER RESOLVED, that no minimum payment is implied or guaranteed; and BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification, the Tax Assessor‟s Determination of Value, the proposal of Michael E. Holstein, and the contract itself be placed on file with this resolution; and 135

Bloomfield, New Jersey 07003 March 17, 2008 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 a notice of this action shall be printed once in the official newspaper of the Township of Bloomfield. Roll call vote showed the following: (Ms.) Maly, Mr.) Tamborini, (Ms.) Ritchings, (Ms.) Barker, (Ms.) Spychala, (Mr.) Hamilton and Mayor McCarthy voting "aye". Councilwoman Ritchings moved and Councilwoman Spychala seconded the adoption of the following resolution: 2008 RESOLUTION – DIRECTOR OF FINANCE WHEREAS, on January 1, 2008 the Mayor and Council passed a resolution appointing Robert Renna as Director of Finance in the Township of Bloomfield; and WHEREAS, on February 19, 2008 an Ordinance was read at first reading for the Director of Finance with a range from $106,871 to $131,802 effective January 1, 2008. BE IT RESOLVED, by the Mayor and Council of the Township of Bloomfield, County of Essex, State of New Jersey that the above Robert Renna will start at Step 3 at the salary of $115,183.00. Roll call vote showed the following: (Ms.) Maly, Mr.) Tamborini, (Ms.) Ritchings, (Ms.) Barker, (Ms.) Spychala, (Mr.) Hamilton and Mayor McCarthy voting "aye". Councilwoman Barker moved and Councilwoman Spychala seconded the adoption of the following resolution: 2008 RESOLUTION TO TRANSFER PAYMENT FROM INTEREST TO TAXES RECEIVABLE WHEREAS, delinquent taxes receivable for the property located at 1091-1129 Broad Street are reflected on the records of the Township of Bloomfield Tax Collector; and WHEREAS, the owner of said property, Tri Arista Co., in which the interest on property taxes were assessed has petitioned the Tax Collector for a review of the extenuating circumstances relating to the payment of interest on delinquent property taxes in the amount of $372.00 to be cancelled and applied towards tax principle in the same amount; and WHEREAS, a review of the petition of Tri Arista Company was conducted by the Tax Collector and it was determined that certain interest charges should be applied to delinquent taxes receivable as analyzed: Owner Tri Arista Company Property Location 1091-1129 Broad St. Block/Lot 1082/79 Interest To Be Cancelled $372.00

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Bloomfield, New Jersey 07003 March 17, 2008 NOW, THEREFORE BE IT RESOLVED, by the Mayor and Council of the Township of Bloomfield, County of Essex, State of New Jersey that the Tax Collector is hereby authorized to apply interest in the amount of $372.00 to the taxes receivable as indicated above. Roll call vote showed the following: (Ms.) Maly, Mr.) Tamborini, (Ms.) Ritchings, (Ms.) Barker, (Ms.) Spychala, (Mr.) Hamilton and Mayor McCarthy voting "aye". Councilwoman Spychala moved and Councilman Hamilton seconded the adoption of the following resolution: 2008 RESOLUTION FOR GLENWOOD AND MAOLIS AVENUE INTERSECTION IMPROVEMENTS, CONTRACT AWARD

WHEREAS, after the required legal advertising was published, sealed bids were received in the Council Chambers of the Municipal Building, Bloomfield, New Jersey on Thursday, February 21, 2008 at 10:30 a.m. by the Purchasing Committee of the Township of Bloomfield in accordance with N.J.S.A. 40A:11-1 et seq., “Local Public Contracts Law” for the Glenwood and Maolis Avenue Intersection Improvements; and WHEREAS, the bids received were referred to the Township Engineer for review; and WHEREAS, after reviewing the bids submitted and the recommendation of the project consultant, Maser Consulting, the Township Engineer hereby recommends that the contract be awarded to the lowest responsible bidder, Foggia Contracting, Inc., 262 Timber Drive, Berkley Heights, New Jersey 07922 for a total contract cost of $140,770.00; and WHEREAS, the Director of Finance has certified that funding is available through a grant from the New Jersey Department of Transportation Trust Fund. NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the Township Of Bloomfield hereby accepts the recommendation of the Township Engineer and he may enter into a contract for the above roadway improvements with Foggia Contracting, Inc. for a total amount of $140,770.00. Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Ms.) Barker, (Ms.) Spychala, (Mr.) Hamilton and Mayor McCarthy voting "aye". Councilman Hamilton moved and Councilwoman Maly seconded the adoption of the following resolution: 2008 RESOLUTION FOR EMERGENCY REPAIR OF TONEY’S BROOK RETAINING WALL, CONTRACT AWARD WHEREAS, after the required legal advertising was published, sealed bids were received in the Council Chambers of the Municipal Building, Bloomfield, New Jersey on Thursday, February 21, 2008 at 137

Bloomfield, New Jersey 07003 March 17, 2008 10:00 a.m., by the Purchasing Committee of the Township of Bloomfield in accordance with N.J.S.A. 40A:11-1 et seq., “Local Public Contracts Law” for the Emergency Repair of Toney‟s Brook Retaining Wall; and WHEREAS, the bids received were referred to the Township Engineer for review; and WHEREAS, after reviewing the bids submitted and the recommendation by the project consultant, Dewberry-Goodkind, Inc., the Township Engineer hereby recommends that the contract be awarded to the lowest responsible bidder, Colonnelli Brothers, 409 South River Street, Hackensack, New Jersey 07041 for a total contract cost of $120,095.00; and

WHEREAS, the Director of Finance has certified that funding is available through a bond ordinance adopted by the Township Of Bloomfield. NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the Township Of Bloomfield hereby accepts the recommendation of the Township Engineer and he may enter into a contract for the above roadway improvements with Colonnelli Brothers, Inc. for a total amount of $120,095.00. Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Ms.) Barker, (Ms.) Spychala, (Mr.) Hamilton and Mayor McCarthy voting "aye". Councilwoman Maly moved and Councilman Tamborini seconded the adoption of the following resolution: 2008 RESOLUTION AUTHORIZING RESOLUTION FOR THE EXECUTION OF AN APPLICATION TO SEEK FUNDING FROM THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, HAZARDOUS DISCHARGE SITE REMEDIATION FUND (HDSFR) FOR CONTINUED SITE REMEDIATION AT THE BLOOMFIELD DEPARTMENT OF PUBLIC WORKS FACILITY KNOWN AS BLOCK 38, LOT 363, 230 GROVE STREET WHEREAS, the Bloomfield Department of Public Works Site at 230 Grove Street has received approval from the New Jersey Department of Environmental Protection for a Remedial Investigation Workplan (RIW), dated June 15, 2007, as prepared by PMK Group, 65 Jackson Drive, Cranford, New Jersey; and WHEREAS, the Remedial Investigation Workplan requires the Township to perform a Site Investigation (SI), including a Remedial Investigation Report; and WHEREAS, said remedial investigations are eligible for grants under the NJDEP Hazardous Site Remediation Fund; and WHEREAS, the Township is desirous of obtaining grant funding to perform these investigations.

138

Bloomfield, New Jersey 07003 March 17, 2008 NOW, THEREFORE BE IT RESOLVED, by the Mayor and Council that the of the Township of Bloomfield that the Mayor is hereby authorized to execute the application for grant funding from the Hazardous Discharge Site Remediation Fund and all pertinent documentation related to this application. Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Ms.) Barker, (Ms.) Spychala, (Mr.) Hamilton and Mayor McCarthy voting "aye". Councilman Tamborini moved and Councilwoman Ritchings seconded the adoption of the following resolution: 2008 RESOLUTION FOR THE BLOOMFIELD DEPARTMENT OF PUBLIC WORKS FACILITY – 230 GROVE STREET, BLOCK 38, LOT 363 WHEREAS, the Township of Bloomfield currently has an approved Remedial Investigation Workplan in place for the Bloomfield Department of Public Works Site, 230 Grove Street and is currently seeking grant funding under the New Jersey Department of Environmental Protection Hazardous Discharge Site Remediation Fund (HDSRF); and WHEREAS, the application for grant funding under the HDSRF requires a resolution from the Township of Bloomfield indicating a that a realistic opportunity exists to redevelop 230 Grove Street; and WHEREAS, the Township is actively seeking to re-locate the Bloomfield Department of Public Works Facility to another location within the Township; and WHEREAS, Phase I of the Essex County Brownfield Identification and Assessment Project, designated 230 Grove Street as a high priority for Brownfield Redevelopment in Essex County; and WHEREAS, it is anticipated that upon approval by the Township, the Master Plan Reexamination Report and Update will recommend that 230 Grove Street be designated as a redevelopment area. NOW, THEREFORE BE IT RESOLVED, by the Mayor and Council that based upon the above findings the Mayor and Council declare and find that a realistic opportunity exists to redevelop 230 Grove Street within three years following completion of the site remediation. Roll call vote showed the following: (Ms.) Maly, Mr.) Tamborini, (Ms.) Ritchings, (Ms.) Barker, (Ms.) Spychala, (Mr.) Hamilton and Mayor McCarthy voting "aye". Councilwoman Ritchings moved and Councilwoman Barker seconded the adoption of the following resolution: 2008 RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT FOR PROFESSIONAL ENVIRONMENTAL ENGINEERING SERVICES FOR ANALYSIS AND ESTIMATION OF POTENIAL COSTS FOR ENVIRONMENTAL SITE REMEDIATION WHEREAS, in accordance to N.J.S.A 19:44A-20.4 et. seq., a professional service contract under $17,500.00 is not subject to the Pay-to-Play regulations; and 139

Bloomfield, New Jersey 07003 March 17, 2008 WHEREAS, the Township Engineering Department did solicit and receive a proposal in the amount of $3,000.00 from Birdsall Engineering, Inc., 611 Industrial Way West, Eatontown, New Jersey, 07724 for environmental services related to estimating the cost of environmental site

remediation for the property known as Block 792, Lots 130, 131 and 132 as shown on the Township Of Bloomfield Tax Maps and also known as 2, 4 and 6 Lion Gate Drive; and WHEREAS, it was the recommendation of the Township Engineering Department that Birdsall Engineering is most qualified to perform this work because of their past experience with the subject property; and WHEREAS, preparation of an analysis of costs for site remediation is necessary so that Township can proceed with the necessary due diligence before acquiring said property; and WHEREAS, the Director of Finance has certified that funding is available to perform this work through the Township‟s Open Space Trust Fund. NOW, THEREFORE BE IT RESOLVED, by the Mayor and Council that a professional service contract in the amount of $3,000.00 be awarded to Birdsall Engineering, Inc., 611 Industrial Way West, Eatontown, New Jersey, 07724. Roll call vote showed the following: (Ms.) Maly, Mr.) Tamborini, (Ms.) Ritchings, (Ms.) Barker, (Ms.) Spychala, (Mr.) Hamilton and Mayor McCarthy voting "aye". Councilwoman Barker moved and Councilwoman Spychala seconded the adoption of the following resolution: 2008 RESOLUTION – OPPOSING THE FAILURE OF THE GOVERNOR’S PROPOSED STATE BUDGET FOR THE 2008-2009 FISCAL YEAR TO TREAT PROPERTY TAX RELIEF AS OUR PRIORITY WHEREAS, on February 26, 2008, in Trenton, Governor Jon S. Corzine presented his FY 2009 Budget proposal to a Joint Session of the State Legislature, which proposal now goes to the Legislature, which must pass a balanced budget by the start of the State‟s next Fiscal Year, which begins on July 1; and WHEREAS, the proposal, which represents what the Governor called “many unpleasant choices,” calls for the elimination of two Departments of State Government (the Departments of Agriculture and Personnel) and the State Commerce Commission, and asks all other Departments to absorb funding cuts, and further calls for sacrifice in a number of other areas, including direct property tax relief, hospital aid, higher education assistance and Medicaid, with the inordinately deep cuts in municipal property tax relief funding; and

140

Bloomfield, New Jersey 07003 March 17, 2008 WHEREAS, one year after the historic Special Session for Property Tax Reform, which purportedly eliminated the need for a Citizens‟ Convention, our property taxpayers will once again be asked for patience, and they will be asked to shoulder more than their fair share of the funding burden; and WHEREAS, local officials have done so much with so little for so long, that State Budget-makers now believe some can do everything with absolutely nothing; and WHEREAS, municipal property tax relief will be slashed by $189.6 million; and WHEREAS, for municipalities with a population of less than 5,000 there will be no CMPTRA funding this year; for municipalities with a population total between 5,000 and 10,000 this relief will be limited to one-half of the amount received in the State‟s 2006-2007 budget; and the $32.6 million distributed according to the CMPTRA formula, which municipalities received last year as 2008 Municipal Property Tax Assistance, is gone; and WHEREAS, all municipalities will receive level Energy Tax Receipts Property Tax Relief funding, despite State Law that „requires‟ annual inflationary adjustments of this (and CMPTRA) funding; and WHEREAS, last year, municipal efficiency was promoted to the tune of $34.8 million, but in the proposal, this funding has been eliminated; and WHEREAS, last year‟s $32 million in Municipal Homeland Security Funding is gone, Special Municipal Aid funding is cut from $153 million to $145.4 – a loss of $7.6 million, Extraordinary Aid funding is reduced by $1.7 million – from $34 million to $32.3 million, and the $8 million Regional Efficiency Aid Program will not be funded; and WHEREAS, beyond these cuts, certain municipalities served by the State Police will be asked to contribute $20 million to the State‟s General Fund, and Homestead Rebates from Homeowners will be cut by $257 million, and for Renters by $124 million. NOW, THEREFORE, BE IT RESOLVED, that the Governing Body of the Township of Bloomfield calls on its elected representatives in Trenton, Senator Ronald R. Rice and Assembly members Ralph R. Caputo and Cleopatra G. Tucker to work with their colleagues in the Legislature and with the Governor to take affirmative action to restore program funding sufficient to honor state statues and their stated commitment to the cause of property tax relief in all New Jersey municipalities; and BE, IT FURTHER RESOLVED, that copies of this resolution be forwarded to Governor Jon S. Corzine, Acting State Treasurer R. David Rousseau, Senate President Richard J. Codey, Senate Minority Leader Thomas H. Kean, Assembly Speaker Joseph J. Roberts, Assembly Minority Leader Alex DeCroce, the Chairs and Members of the Senate and Assembly Budget and Appropriations Committees, our own Senator Ronald L. Rice and Assembly member Ralph R. Caputo and Cleopatra G. Tucker and to the New Jersey State League of Municipalities.

141

Bloomfield, New Jersey 07003 March 17, 2008 At this time, Mayor McCarthy stated that he wants to thank Councilwoman Barker for reading the resolution in its entirety because he thinks that the people in this community and throughout the State of New Jersey have to understand what we, as elected officials, are up against this year. He stated that what this Governor has done to this budget has put every one of us in jeopardy, in terms of doing whatever we can, to not be affected by the property tax relief, which is not there anymore. He stated that it is just shameful and he thinks we need to put our heads together, and he is asking people to contact Senator Ronald Rice, Assemblyman Caputo and/or Assemblywoman Tucker, so once again Councilwoman Barker, thank you for reading the resolution in its entirety. Roll call vote showed the following: (Ms.) Maly, Mr.) Tamborini, (Ms.) Ritchings, (Ms.) Barker, (Ms.) Spychala, (Mr.) Hamilton and Mayor McCarthy voting "aye". Councilwoman Spychala moved and Councilman Hamilton seconded the adoption of the following resolution: 2008 RESOLUTION - AGREEMENT WHEREAS, the Township had an agreement that expired on December 31, 2005 with the Office and Professional Employee International Union hereinafter “OPEIU” controlling certain terms and conditions of employment for the employees covered under the agreement; and WHEREAS, the Township has negotiated a successor agreement covering the period of January 1, 2006 through December 31, 2010; and WHEREAS, OPEIU, voted and its members ratified the changes as contained in the attached Memorandum of Agreement. NOW, THEREFORE, BE IT RESOLVED that the Mayor is hereby authorized to sign and the Clerk to attest and affix the seal of the Township of Bloomfield to an agreement between the Township of Bloomfield and the OPEIU, for the period January 1, 2006 through December 31, 2010 and incorporating the terms and conditions of employment as outlined in the attached Memorandum of Agreement. Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Ms.) Barker, (Ms.) Spychala, (Mr.) Hamilton and Mayor McCarthy voting "aye". Councilman Hamilton moved and Councilwoman Maly seconded the adoption of the following resolution: 2008 RESOLUTION - AGREEMENT

142

Bloomfield, New Jersey 07003 March 17, 2008 WHEREAS, the Township had an agreement that expired on December 31, 2006 with the New Jersey State Firemen‟s Benevolent Association, Local 19, (firefighters) controlling certain terms and conditions of employment for the employees covered under the agreement; and WHEREAS, the Township has negotiated successor agreements, covering the period of January 1, 2007 through December 31, 2011; and WHEREAS, the New Jersey State Firemen‟s Benevolent Association, Local 19, (firefighters) voted and its members ratified the changes as contained in the attached Memorandum of Agreement. NOW, THEREFORE, BE IT RESOLVED that the Mayor is hereby authorized to sign and the Clerk to attest and affix the seal of the Township of Bloomfield to an agreement between the Township of Bloomfield and the New Jersey State Firemen‟s Benevolent Association, Local 19, (firefighters) covering the period of January 1, 2007 through December 31, 2011 incorporating the terms and conditions of employment as outlined in the attached Memorandum of Agreement. Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Ms.) Barker, (Ms.) Spychala, (Mr.) Hamilton and Mayor McCarthy voting "aye". Councilwoman Maly moved and Councilman Tamborini seconded the adoption of the following resolution: 2008 RESOLUTION - AGREEMENT WHEREAS, the Township had an agreement that expired on December 31, 2006 with the New Jersey State Firemen‟s Benevolent Association, Local 219, controlling certain terms and conditions of employment for the employees covered under the agreement; and WHEREAS, the Township has negotiated a successor agreement covering the period of January 1, 2007 through December 31, 2011; and WHEREAS, the New Jersey State Firemen‟s Benevolent Association, Local 219, voted and its members ratified the changes as contained in the attached Memorandum of Agreement. NOW, THEREFORE, BE IT RESOLVED that the Mayor is hereby authorized to sign and the Clerk to attest and affix the seal of the Township of Bloomfield to an agreement between the Township of Bloomfield, and the New Jersey State Firemen‟s Benevolent Association, Local 219, for the period January 1, 2007 through December 31, 2011 and incorporating the terms and conditions of employment as outlined in the attached Memorandum of Agreement. Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Ms.) Barker, (Ms.) Spychala, (Mr.) Hamilton and Mayor McCarthy voting "aye". Councilman Tamborini moved and Councilwoman Ritchings seconded the adoption of the following resolution: 2008 RESOLUTION - AGREEMENT 143

Bloomfield, New Jersey 07003 March 17, 2008

WHEREAS, the Township had an agreement that expired on December 31, 2006 with the Bloomfield Fire Superior Officers Association controlling certain terms and conditions of employment for the employees covered under the agreement; and WHEREAS, the Township has negotiated a successor agreement covering the period of January 1, 2007 through December 31, 2011; and WHEREAS, the Bloomfield Fire Superior Officers Association voted and its members ratified the changes as contained in the attached Memorandum of Agreement. NOW, THEREFORE, BE IT RESOLVED that the Mayor is hereby authorized to sign and the Clerk to attest and affix the seal of the Township of Bloomfield to an agreement between the Township of Bloomfield and the Bloomfield Fire Superiors Association for the period January 1, 2007 through December 31, 2011 and incorporating the terms and conditions of employment as outlined in the attached Memorandum of Agreement. Roll call vote showed the following: (Ms.) Maly, Mr.) Tamborini, (Ms.) Ritchings, (Ms.) Barker, (Ms.) Spychala, (Mr.) Hamilton and Mayor McCarthy voting "aye". Councilwoman Ritchings moved and Councilwoman Barker seconded the adoption of the following resolution: RESOLUTION OF THE TOWNSHIIP COUNCIL OF THE TOWNSHIP OF BLOOMFIELD IN THE COUNTY OF ESSEX, NEW JERSEY TO ESTABLISH THE PROCESS FOR THE RECEIPT OF COMMENTS AND SUGGESTIONS FROM PROPERTY OWNERS, POTENTIAL REDEVELOPERS AND OTHER INTERESTED PARTIES IN THE PREPARATION OF THE BLOOMFIELD DOWNTOWN REDEVELOPMENT PLAN 1. WHEREAS; on March 17, 2008, the Township of Bloomfield (“Township”) duly adopted a Resolution to authorize Value Research Group, Inc. and Newwork LLC, as a sub consultant, to prepare the Bloomfield Downtown Redevelopment Plan (“Plan”) and provide certain Development Implementation services; and

2. WHEREAS; it is the policy of the Mayor and Council of the Township of Bloomfield (“Council”) to undertake multiple efforts to promote and maximize opportunities for the residents of the Township, as well as property owners in the area subject to the Plan, potential redevelopers of sites within the area, and other interested parties to participate in the formulation of the Plan prior to its formal submission to the Mayor and Council or to the Bloomfield Township Planning Board (“Planning Board”); and

3. WHEREAS; the Mayor and Council has held a series of three public community meetings to obtain general and detailed public comments and suggestions regarding the revitalization of Downtown Bloomfield and the preparation of the Plan; and 4. WHEREAS: a desire has been expressed for an opportunity for the presentation of comments and suggestions in a non public setting, and 144

Bloomfield, New Jersey 07003 March 17, 2008

5. WHEREAS, in order to prepare a Plan that realistically reflects the practical and promptly achievable implementation of the Plan, the Mayor and Council seek to obtain comments from property owners, potential redevelopers and other interested citizens who prefer not to make such comments in a public session, but rather, in order to maintain privacy as to their potential plans and redevelopment concepts, prefer to submit their comments in a separate nonpublic forum, and 6. NOW, THERFORE, BE IT RESOLVED as follows: a. After the preparation of the draft Vision Plan and during the preparation of the draft Bloomfield Downtown Redevelopment Plan, representatives of Value Research and Newworks, and such officials or consultants of the Township, the Planning Board or the Bloomfield Parking Authority will conduct additional community planning meetings and also non public meetings with property owners, potential redevelopers and other interested parties to obtain comments and, suggestions for consideration for elements of the Plan. b. In advance of such meetings, ample public and/or individual notice of the time and place for the opportunity to provide such public or non public comments and suggestions, as applicable, shall be provided in order to maximize the opportunity for the participation of such parties. c. Upon the completion of the period for public and non public comments and suggestions on the Plan, the Mayor and Council shall forward the Plan to the Planning Board pursuant to N.J.S.A. 40A:12A-7 for review and recommendations concerning the Plan; the Planning Board shall transmit its recommendations to the Mayor and Council within 45 days after referral. d. Upon receipt of the draft Plan, the Planning Board will schedule a public meeting in accordance with all legal notice requirements for the purpose of considering the draft Plan. The Planning Board shall consider whether to refer the Plan as submitted to the Mayor and Council, with a recommendation of adoption, or in the alternative, whether to suggest revisions and changes to the Plan. e. The Mayor and Council may adopt the Plan as submitted and recommended to it by the Planning Board or it may amend or revise any portion of the Plan. The Mayor and Council may amend or revise the Plan by an affirmative vote of the majority of its full authorized membership and shall record in the minutes of its meeting the reasons for each amendment or revision. Alternatively, the Mayor and Council may, in its discretion, return the draft Plan to the Planning Board for further study and consideration or modification. f. The adoption of the Plan by the Mayor and Council shall be by Ordinance, after public hearing as provided by law. g. Notwithstanding the above, the aforementioned process is subject to revision by Resolution of the Mayor and Council at any time. BE IT FURTHER RESOLVED, that this resolution shall take effect immediately.

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Bloomfield, New Jersey 07003 March 17, 2008 Roll call vote showed the following: (Ms.) Maly, Mr.) Tamborini, (Ms.) Ritchings, (Ms.) Barker, (Ms.) Spychala, (Mr.) Hamilton and Mayor McCarthy voting "aye". Councilwoman Barker moved and Councilwoman Spychala seconded the adoption of the following resolution: 2008 RESOLUTION AUTHORIZING TRANSFERS BETWEEN BUDGET APPROPRIATIONS WHEREAS, under NJSA 40A:4-58 transfers are permitted between budget Appropriation during the first three months of the previous fiscal year, BE IT RESOLVED by the Mayor and Township Council for the Township of Bloomfield in the County of Essex, New Jersey, that transfers between 2007 Budget Appropriation Reserves be made as follows:
TOWNSHIP OF BLOOMFIELD

BUDGET TRANSFER # 6 ACCOUNT NO. 7-01-20-701-044 7-01-20-701-033 7-01-20-703-042 7-01-20-703-023 7-01-20-705-028 7-01-20-707-028 7-01-20-707-029 7-01-20-707-042 7-01-20-707-077 7-01-20-709-028 7-01-20-709-021 7-01-20-719-030 7-01-22-726-011 7-01-22-726-028 7-01-25-746-042 7-01-26-773-011 7-01-26-776-011 7-01-31-820-070 7-01-31-820-076 7-01-32-827-127 7-01-33-830-023 7-01-20-707-024 7-01-20-712-028 7-01-26-765-011 7-01-23-732-093 7-01-20-705-011 7-01-20-708-011 7-01-20-710-011 TITLE Twp Admin Prof Assoc Dues Twp Admin Books & Pub Mayor & Council Education & Train. Mayor & Council Printing Accts & Ctrl Consult & Prof. Services
Info Systems Consult & Prof. Services Info Systems Other cont. items Info Systems Education & Train. Info Systems Telecom. Dept. Person. – Consult. & Prof. Services Dept. Person – Adv Hist. Dist. Material & Supplies Housing Inspection Salaries & Wages Housing Inspection Consult. & Prof. Services Comm. Center Education & Training Sewer Maint. Salaries & Wages Care of Shade Tree & Grds Salaries & Wages Utilities Fuel Oil Utilities Telephone Solid Waste Garb. & Trash Mun. Ct Printing Info Syst. Police Comp. Maint. Dept of Law Consult. & Prof. Services Road Repairs & Maint Serv. Salaries & Wages WCI – Medical Expenses Accts & Ctrl Salaries & Wages Div. of Rev Salaries & Wages Dept of Assessment

FROM 375.00 300.00 1,760.00 1,500.00 3,135.00 5,400.00 7,580.00 1,220.00 2,100.00 3,500.00 2,250.00 500.00 14,000.00 3,000.00 4,000.00 6,000.00 10,000.00 10,000.00 25,000.00 50,000.00 2,500.00 7,500.00 35,000.00 10,000.00

TO

173,020.00 1,200.00 2,300.00 2,600.00

146

Bloomfield, New Jersey 07003 March 17, 2008 7-01-20-715-011 7-01-26-767-011 7-01-26-775-011 7-01-27-785-011 7-01-20-712-027
Twp. Eng. Salaries & Wages Serv Bldgs Salaries & Wages Div. Elec Serv. Salaries & Wages Bd of Health Salaries & Wages Dept of Law Legals Services

7,000.00 6,000.00 1,000.00 10,000.00 3,500.00 206,620.00 206,620.00

Roll call vote showed the following: (Ms.) Maly, Mr.) Tamborini, (Ms.) Ritchings, (Ms.) Barker, (Ms.) Spychala, (Mr.) Hamilton and Mayor McCarthy voting "aye". Councilwoman Spychala moved and Councilman Hamilton seconded the adoption of the following resolution: RESOLUTION AUTHORIZING TRANSFERS BETWEEN BUDGET APPROPRIATIONS WHEREAS, under N.J.S.A. 40A: 4-58 transfers are permitted between budget appropriations during the last two months of the fiscal year, BE IT RESOLVED by the Mayor and Council for the Township of Bloomfield in the County of Essex, State of New Jersey, that the transfers between 2007 Budget Appropriations be made as follows: TOWNSHIP OF BLOOMFIELD WATER UTILITY TRANSFERS # 4W
ACCOUNT NO. 7-05-20-512-036 7-05-20-512-041 7-05-20-512-042 7-05-26-511-011 7-05-20-512-011 7-05-36-836-136 TITLE
Water Revenue Office Suppl Water Revenue Conf & Meetings Water Revenue Ed & Training Water Maint. Salaries & Wages Water Revenue Salaries & Wages State Exp Pers.

FROM 5,000.00 1,500.00 1,400.00 10,000.00

TO

17,900.00

3,000.00 14,900.00 17,900.00

Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Ms.) Barker, (Ms.) Spychala, (Mr.) Hamilton and Mayor McCarthy voting "aye".

Councilman Hamilton moved that the following be awarded a license for 2008: RAFFLE LICENSE St. Thomas Home & School Association (On-Premise 50/50- 1 Date) 50 Byrd Avenue Bloomfield, NJ 07003 HAWKER’S AND PEDDLERS’ LICENSE Michael Napoli 142 Margaret Avenue Nutley, NJ 07110 (Home Address Signs)

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Bloomfield, New Jersey 07003 March 17, 2008 LANDSCAPER’S LICENSES Anthony Meola 308 Walnut Street Nutley, NJ 07110 John Vicchiariello Jack Vicchiariello Landscaping, LLC 109 William Street Nutley, NJ 07110 Liberato Iannitelli 39 Jannarone Street Belleville, NJ 07109 (Renewal- 2 Vehicles)

(Renewal- 3 Vehicles)

(Renewal- 2 Vehicles)

LANDSCAPER’S LICENSES (Continued) Rosa Corino D. Corino, Inc. 491 Harrison Street Nutley, NJ 07110 Joseph Lombardi J. Lombardi Landscaping 634 Mt. Hope Avenue Wharton, NJ 07885 Ron Scholtz Ron Scholtz Landscaping 51 Hollybrook Road Paramus, NJ 07652 Leonard Pignatello Lenny‟s Landscaping 6 Bruce Road Upper Montclair, NJ 07043 Victor J. Conti, Jr. Elite Lawn Maintenance, Inc. 51 Leslie Drive West Milford, NJ 07480 Jim Siclari ACE‟s Landscaping & Contracting 22 Darling Avenue Bloomfield, NJ 07003 Eric Hamberlin Sunrise Landscaping 5 Audrey Place Fairfield, NJ 07004 Tom O‟Shea (Renewal- 2 Vehicles)

(Renewal- 2 Vehicles)

(Renewal- 2 Vehicles)

(Renewal- 2 Vehicles)

(Renewal- 3 Vehicles)

(Renewal- 2 Vehicles)

(Renewal- 4 Vehicles)

(Renewal- 1 Vehicle) 148

Bloomfield, New Jersey 07003 March 17, 2008 3 Joralemon Street Bloomfield, NJ 07003 Joseph Bocchiaro 47 Spring Street Bloomfield, NJ 07003 Robert Linderoth Linderoth Landscaping 20 Rutan Place Bloomfield, NJ 07003 (Renewal- 4 Vehicles)

(Renewal- 1 Vehicle)

TAXICAB OPERATOR’S LICENSES Michael M. Borich, Jr. 825 E. Elizabeth Ave. Linden, NJ Emanuel Kyriazis 531 Cross Street Harrison, NJ Frank Pedicini 63 Rodeland Ave Caldwell, NJ 07006 (New)

(Renewal)

(Renewal)

which motion was seconded by Councilwoman Maly and carried. Paul Lasek, Township Engineer, stated that on behalf of the Engineering Department, he is requesting to advertise Ad Authorizations for Sweeper Broom Refills. Councilwoman Maly moved the request that the Municipal Clerk be authorized to advertise for Sweeper Broom Refills, which was seconded by Councilman Tamborini. Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Ms.) Barker, (Ms.) Spychala, (Mr.) Hamilton and Mayor McCarthy voting "aye". Paul Lasek, Township Engineer, stated that on behalf of the Engineering Department, he is requesting to advertise Ad Authorizations for Water Systems Equipment/Replacement Parts. Councilwoman Maly moved the request that the Municipal Clerk be authorized to advertise for Water Systems Equipment/Replacement Parts, which was seconded by Councilman Tamborini and carried. Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Ms.) Barker, (Ms.) Spychala, (Mr.) Hamilton and Mayor McCarthy voting "aye". At this time, Mayor McCarthy stated that County Representative Ben Amos is present this evening, and would like to say a few words. 149

Bloomfield, New Jersey 07003 March 17, 2008 At this time, County Representative Ben Amos said that he does not have any communications or reports from the County of Essex to respond to this evening, thank you. Councilwoman Barker moved for adjournment, which motion was seconded by Councilman Hamilton and carried. The meeting adjourned at 7:55 PM.

______________________________ Louise M. Palagano Municipal Clerk

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