Organization Meeting of the Township Council Bloomfield - DOC - DOC by lifemate

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									                                                                                    Bloomfield, New Jersey 07003
                                                                                              September 17, 2007

              Sixteenth Regular Meeting of the Township Council.
              The meeting commenced at 7:35 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.             By posting such notice on the bulletin board in the Municipal Building, and
              2.            By mailing such notice to the offices of the Independent Press, Bloomfield
                            Life, Star Ledger and the Herald News. ,
              At this time, Mayor McCarthy led the audience in the Pledge of Allegiance.
              Roll call showed Councilmembers present: Janice Maly, Ray Tamborini, Patricia Ritchings,
Bernard Hamilton, Patricia Spychala, Peggy O’Boyle Dunigan and Mayor Raymond J. McCarthy.
              In attendance at the commencement of the meeting were the following: Louise M. Palagano,
Municipal Clerk/Township Administrator, Paul Lasek, Township Engineer and Brian Aloia,
Township Attorney.
              At this time, Mayor McCarthy stated that he would like to move to Resolution 9(1)
Appointment, Police Officers Michael Mora and Ian Brundage, and asked Councilwoman Maly to
read the resolution.
              Councilwoman Maly moved and Councilman Tamborini seconded the adoption of the
following resolution:
                                          2007 RESOLUTION – POLICE APPOINTMENTS
              WHEREAS, two vacancies exist in the Bloomfield Police Department in the position of
Police Officer; and
              WHEREAS, the Department of Civil Service of the State of New Jersey has promulgate a list
of eligible candidates, who have qualified by competitive examination for appointment to the position
of Police Officers in the Bloomfield Police Department of the Township of Bloomfield; and
              WHEREAS, Michael Mora and Ian Brundage appears on the list of eligible candidates; and
              WHEREAS, the Acting Finance Director has certified that funding is available to hire these
two candidates; and
              WHEREAS, the Chief of Police recommends that Michael Mora and Ian Brundage be




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                                                                           Bloomfield, New Jersey 07003
                                                                                     September 17, 2007

appointed to the position of Police Officer, effective September 28, 2007.
        NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of
Bloomfield, County of Essex, State of New Jersey, that
                       Michael Mora                                   Ian Brundage
                        Newark, NJ                                    Rutherford, NJ

be and are hereby appointed Police Officers in the Police Department of the Township of Bloomfield
effective September 28, 2007 at the annual salary in effect in the salary ordinance, subject to the
certification by the New Jersey Department of Personnel.
        Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Mr.)
Hamilton, (Ms.) Spychala, (Ms.) Dunigan and Mayor McCarthy voting "aye".
        At this time, Mayor McCarthy swore-in Michael Mora and Ian Brundage to the Bloomfield
Police Department.
        Ms. Palagano stated that no written communications were received.
        At this time, Mayor McCarthy opened the oral portion of the meeting to the public.
        Nick Joanow, 226 Lakewood Drive, stated that his comments will be addressed to the
resolution that you are passing this evening in support of Green Acres Farmland, Blue Acres, and
Historic Preservation Bond Act of 2007. He stated that it should be commended, and it will be on the
ballot in November, and he recommends to the residents of this Township that they support this
wholeheartedly. He stated that he thinks back to the early 1900s to the residents who had the vision,
and the progressive thinking to set aside both Watsessing and Brookdale Parks, and we do not want to
imagine today, what Bloomfield would be if we lost those areas of Open Space. He stated that this
Mayor and Council is also is that same decision making mode with a piece of property in Bloomfield.
He stated that not only are we looking at habitat, active and passive recreation, but we are looking at
flood control. He stated that he hopes we will follow this lead to give us a better quality of life for our
future. He stated that as the Mayor and Council know, he has been advocating, and the residents of
his community have been advocating, and he is optimistic and hopeful that it will become a reality,
thank you.
        Councilwoman Maly moved to close the Oral Portion of the meeting, which was seconded by
Councilman Tamborini and carried.
        Councilman Tamborini submitted the following ordinance on first reading:
        AN ORDINANCE AMENDING CHAPTER 254, VEHICLES AND TRAFFIC, §254-
        56 SCHEDULE XVI, ENTITLED “PARKING PROHIBITED CERTAIN HOURS.”
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        (Sylvan Road)
        BE IT ORDAINED, by the Mayor and Council of the Township of Bloomfield, County of
Essex, State of New Jersey, as follows:
        Section 1. Chapter 254, §254-56, Schedule XVI, entitled: “Parking Prohibited Certain Hours”
of the Code of the Township of Bloomfield, County of Essex, State of New Jersey is hereby amended
by the addition of the following:
 Name of Street         Side           Hours/Days                          Location

Sylvan Road            south     8:00 a.m. to 4 p.m.         Starting at the westerly curb line of
                                 Monday to Friday            Garrabrant Avenue and running
                                 while school is in          west to the prolongation of the
                                 session.                    easterly curb line of School Street.

        Section 2.        All ordinances inconsistent herewith are hereby repealed.
        Section 3.        This ordinance shall take effect upon final passage and publication in
accordance with the law.
        On motion of Councilman Tamborini seconded by Councilwoman Ritchings same was passed
on first reading: Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings,
(Mr.) Hamilton, (Ms.) Spychala, (Ms.) Dunigan and Mayor McCarthy voting "aye".
        Councilwoman Spychala submitted the following ordinance on first reading:
        AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 185 OF THE
        BLOOMFIELD TOWNSHIP CODE, PROVIDING PARKING FOR PHYSICALLY
        LIMITED PERSONS (45 Pulaski Street)

        BE IT ORDAINED by the Mayor and Council of the Township of Bloomfield,
County of Essex, State of New Jersey, as follows:
        Section 1. Chapter 185, entitled: “PARKING FOR HANDICAPPED”, Section 185-4,
“Enumeration of Restricted Parking Areas”, of the Code of the Township of Bloomfield, County of
Essex, State of New Jersey, is hereby amended by the addition of the following:
         (335)       45 Pulaski Street, east side, starting at a point, 124 feet south of the southerly
                     curb line of Howard Street and running 20 feet south there from.


        Section 2. All ordinances inconsistent herewith are hereby repealed.
        Section 3. This ordinance shall take effect upon final passage and publication in accordance
with the law.


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        On motion of Councilwoman Spychala seconded by Councilwoman Dunigan same was
passed on first reading: Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.)
Ritchings, (Mr.) Hamilton, (Ms.) Spychala, (Ms.) Dunigan and Mayor McCarthy voting "aye".
        Councilman Hamilton submitted the following ordinance on first reading:
        AN ORDINANCE TO AMEND CHAPTER 174A, MASSAGE, BODY WORK AND
        SOMATIC THERAPY BUSINESSES WITHIN THE TOWNSHIP CODE OF THE
        TOWNSHIP OF BLOOMFIELD

        BE IT ORDAINED by the Mayor and Council of the Township of Bloomfield that Chapter
174A, entitled “MASSAGE, BODY WORK AND SOMATIC THERAPY” is hereby Amended to
read as follows:
§ 174A-1. Purpose and intent.

The purpose of this chapter is to protect and preserve the health, safety and welfare of the citizens of
the Township of Bloomfield and the patrons of massage, bodywork and somatic therapy businesses.
The governing body desires to minimize and control any adverse utilization of the businesses, and
protect the citizens of the Township and preserve the quality of life, protect and preserve property
values, and the character of surrounding neighborhoods.

§ 174A-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

MASSAGE, BODYWORK AND SOMATIC THERAPIES -- Touching including, but not limited
to, holding, applying pressure, positioning and mobilizing soft tissue of the body by manual technique
and use of visual, kinesthetic, auditory and palpating skills to assess the body for purposes of applying
therapeutic massage, bodywork or somatic principles. Including the use of therapies such as
heliotherapy or hydrotherapy, the use of moist hot and cold external applications, external applications
of herbal or topical preparations not classified as prescription drugs, movement and neuromyofacial
education and education in self-care and stress management. Massage, bodywork and somatic
therapies do not include the diagnosis or treatment of illness, disease, impairment or disability.

MASSAGE, BODYWORK AND SOMATIC THERAPIST -- Any person who administers
massage, bodywork or somatic therapies for any form of consideration.

MASSAGE, BODYWORK AND SOMATIC THERAPY ESTABLISHMENT -- Any establishment
wherein massage, bodywork and/or somatic therapies are administered or are permitted to be
administered, when such therapies are administered for any form of consideration.

§ 174A-3. Permits required.


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              A.      No person, firm or corporation shall perform massage, bodywork and/ or
       somatic therapies in the Township of Bloomfield unless or until there has been obtained a
       permit for such establishment or premises from the Township of Bloomfield in accordance
       with the terms and provisions of this chapter and Chapter 316, Sanitary Requirements For
       Massage, Bodywork and Somatic Therapy Establishments

               B.      No person shall perform massage, bodywork and/or somatic therapy unless he
       or she has a valid permit issued to him or her by the Township of Bloomfield pursuant to the
       terms and provisions of this chapter and Chapter 316, Sanitary Requirements For Massage,
       Bodywork and Somatic Therapy Establishments

§ 174A-4. Application for establishment permit.

Any person requesting a massage, bodywork and somatic therapy establishment permit shall file a
written application with the Township Clerk upon a form to be furnished by the Township Clerk. The
application form shall contain the following information:

               A.      The type of ownership of the business, i.e., whether individual, partnership,
       corporation or otherwise. If it is a partnership, set forth the names and addresses of all
       partners who own a 10% or greater interest in the partnership. If it a corporation, then set forth
       the names and addresses of all stockholders in the corporation who own 10% or more of its
       stock of any class. If a corporation owns all or part of the stock of the corporation or
       partnership providing applying for the permit, then set forth a list of the stockholders who own
       10% or more of the stock of any class of that corporation. If it is other than a corporation or
       partnership, the applicant shall indicate the form or corporate ownership

               B.      The name, style and designation under which the business is to be conducted.

              C.        The business address and all telephone numbers, including facsimile, where
       business is to be conducted.

               D.      A complete list of the names and residence addresses of all massage,
       bodywork and somatic therapists and employees of the business and the name and residence
       address of the manager or other person principally in charge of the operation of the business.

               E.      The following information concerning the person principally in charge of the
       operation of the business:

                       (1)     The name, complete residence address and residence telephone
                               number; and
                       (2)     The two previous addresses immediately prior to the present address;
                               and
                       (3)     Copy of birth certificate or driver’s license or other form of
                               identification with proof of age; and
                       (4)     Height, weight, sex, color of hair and eyes; and

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                       (5)     Two front-face portrait photographs taken within 30 days of the date
                               of the application and at least two inches by two inches in size
                               (passport photographs); and
                       (6)     Experience performing massage, bodywork and somatic therapy
                               including work/business history; whether or not applicant has
                               previously worked/operated in this or another municipality or state
                               under a license or permit; whether an application for a license/permit
                               or a valid license/permit was ever denied, revoked or suspended and
                               the reason therefore and the business activities or occupations
                               subsequent to such action of denial, suspension or revocation; and
                       (7)     All criminal convictions other than misdemeanor traffic violations,
                               fully disclosing the jurisdiction in which convicted and the offense for
                               which conviction and circumstances thereof. The applicant shall
                               execute a waiver and consent to allow a fingerprinting and criminal
                               background check by the Township Police Department. Failure to
                               execute such a waiver and consent shall result in the denial of a permit.
                               The applicant shall be responsible to pay a fee for fingerprinting
                               processing as charged by the New Jersey State Police, Identification
                               Division. An establishment permit shall be denied to any person who
                               has been convicted of any crime or disorderly persons offense, other
                               than traffic violations; and
                       (8)     The name and addresses of three adult residents who will serve as
                               character references. These references must be persons other than
                               relatives and business associates.

§ 174A-5. Establishment permit fee.

Every applicant for a permit to maintain, operate or conduct a massage, bodywork and somatic
therapy establishment shall submit a $1,000 permit fee with the application. Every permit issued
pursuant to this chapter shall expire at the end of the calendar year. The permit fee shall not be
prorated in the event that an application for a permit is made at any time after January 1 of any year.

A renewal fee for all expired permits of $1,000 shall become due on the first day of January each year.

§ 174A-6. Inspection of establishments; compliance with building, fire and health laws required.

The Township Clerk, upon receiving a complete application for a massage, bodywork and somatic
therapy establishment permit, shall refer the application to the Building Department, Fire Department,
Health Department and Planning Department. Each department, including the Health Department,
shall inspect the premises proposed to be operated as such an establishment and shall make written
recommendations to the Township Clerk concerning compliance with the codes under their
jurisdiction. No massage, bodywork, and somatic therapy establishment shall be issued a permit or be
operated, established or maintained in the Township of Bloomfield unless the inspections reveal that
the establishment complies with the minimum requirements of the Building, Fire and Health Codes
for businesses operating in the Township of Bloomfield.
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§ 174A-7. Application for therapist's permit.

               A.     To be eligible for a permit as a massage, bodywork and somatic therapist, an
       applicant must be over eighteen (18) year of age and must submit evidence of the following:

                       (1)     Successful completion of a minimum of 500 hours, in-class study in
                               the field of massage, bodywork or somatic therapy; or

                       (2)     Successful completion of the written examination offered by the
                               national Certification Board for Therapeutic Massage and Bodywork.

               B.      Any person engaged in the full-time practice of massage, bodywork or somatic
       therapy in the Township of Bloomfield for two years, or any person engaged in the part-time
       practice of massage, bodywork or somatic therapy in the Township of Bloomfield for five
       years, or any person who has successfully completed 1,000 hours in the practice of massage,
       bodywork or somatic therapy under the supervision of a certified therapist and with the
       completion of a minimum 200 hours of education or training in massage which took place in
       the Township of Bloomfield, preceding the enactment of this chapter may acquire a permit to
       practice without satisfying the requirements in subsections 1 and 2 above.         All other
       applicants must fulfill the requirements of Subsection A(1) and (2) above.

             C.     All applicants, whether they are applying for a therapist’s permit under section
       174A-7A or 174A-7B, are required to provide the following information:

                       (1)     The name, complete address and residence telephone number; and
                       (2)     All previous addresses within the last five years prior to the present
                               address of the applicant; and
                       (3)     Copy of birth certificate or driver’s license or other form of
                               identification with proof of age; and
                       (4)     Height, weight, sex, color of hair and eyes; and
                       (5)     Two front-face portrait photographs taken within 30 days of the date
                               of the application and at least two inches by two inches in size
                               (passport photographs); and
                       (6)     Experience performing massage, bodywork and somatic therapy
                               including work/business history, whether or not applicant has
                               previously worked/operated in this or another municipality or state
                               under a license or permit or has had such license or permit denied,
                               revoked or suspended and the reason therefore and the business
                               activities or occupations subsequent to such action of denial,
                               suspension or revocation; and
                       (7)     Disclose all criminal convictions other than misdemeanor traffic
                               violations, the jurisdiction in which convicted and the offense for
                               which conviction and circumstances thereof. The applicant shall
                               execute a waiver and consent to allow a fingerprinting and criminal

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                                background check by the Township Police Department. Failure to
                                execute such a waiver and consent shall result in the denial of a


                                permit. The applicant shall be responsible to pay a fee for
                                fingerprinting processing as charged by the New Jersey State Police,
                                Identification Division. A permit shall be denied to any person who
                                has been convicted of any crime or disorderly persons offense, other
                                than traffic violations; and
                        (8)     The name and addresses of three adult residents who will serve as
                                character references. These references must be persons other than
                                relatives and business associates; and


                        (9)     An affidavit from a duly licensed physician of the State of New Jersey
                                establishing that the applicant is free from contagious and
                                communicable diseases.

§ 174A-8. Therapist permit fee.

Every applicant for a massage, bodywork or somatic therapist's permit shall pay a permit fee of $250.
Every permit issued pursuant to this chapter shall expire at the end of the calendar year in which it was
issued. The permit fee shall not be prorated in the event that an application for a permit is made at any
time after January 1 of any year.


A renewal fee for all expired permits of $250 shall become due on the first day of January each year.
The applicant for a renewal shall also be required to re-execute a waiver and consent to allow a
fingerprinting and criminal background check by the Township Police Department. Failure to execute
such a waiver and consent shall result in the denial of a permit. A permit shall be denied to any person
who has been convicted of any crime or disorderly persons offense, other than traffic violations. The
applicant shall be responsible to pay a fee for fingerprinting processing as charged by the New Jersey
State Police, Identification Division.

§ 174A-9. Display of permit and therapists' certifications.

The massage, bodywork and somatic therapy establishment shall display its permit as well as the
certification of each and every massage, bodywork and somatic therapist employed in the
establishment in an open and conspicuous place on the premises of the establishment.

§ 174A-10. Operating requirements.

Every massage, bodywork, and somatic therapy establishment shall comply with the following
operating requirements:

                A.      The hours of operation shall be limited to 8:00 a.m. to 8:00 p.m.; and

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        B.    The establishment hall keep a record of the date and hour for each client visit,
the name and address of clients and the name and address of the employee performing
services; and


        C.      Every portion of the massage, bodywork and somatic therapy establishment,
including appliances and apparatus, shall be kept clean and operated in a sanitary condition;
and
        D.      Price rates for all services shall be prominently posted in the reception area in
a location available to all prospective customers and shall include the following statement:
“Pursuant to the ordinances of the Township of Bloomfield, THE GENITAL AREAS OF
ALL CUSTOMERS SHALL BE COVERED AT ALL TIMES WHEN IN THE PRESENCE
OF AN EMPLOYEE. NO EMPLOYEE OR PATRON SHALL TOUCH OR FONDLE IN
ANY MANNER THE SEXUAL OR GENITAL AREA OF ANY PERSON. ANY PERON
VIOLATING THIS ORDINANCE SHALL BE SUBJECT TO PROSECUTION”; and

        E.     All employees, including massage, bodywork and somatic therapists, shall be
clean and wear clean, nontransparent outer garments. Dressing rooms must be available on the
premises. Doors to such dressing rooms shall open inward and shall be self-closing; and

        F.     All massage, bodywork and somatic therapy establishments shall be provided
with clean laundered sheets and towels in sufficient quantity which shall be laundered after
each use thereof and stored in a sanitary manner; and

        G.     The sexual or genital area of patrons must be covered by towels, cloths or
undergarments when in the presence of an employee or massage, bodywork or somatic
therapist; and

       H.       It shall be unlawful for any person knowingly, in a massage, bodywork or
somatic therapy establishment, to place his or her hand upon or touch with any part of his or
her body, to fondle in any manner or to massage a sexual or genital area of any other person.
No massage, bodywork or somatic therapist, employee or operator shall perform or offer to
perform any act which would require the touching of the patron's sexual or genital area; and

        I.       All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all other
physical facilities and surfaces shall be in good repair and maintained in a clean and sanitary
condition. Wet and dry heat rooms, steam or vapor rooms or steam or vapor cabinets and
shower compartments and toilet rooms shall be thoroughly cleaned each day the business is in
operation. Bathtubs and showers shall be keep dry, clean and sanitary; and

      J.      Oils, creams, lotions and other preparations used in administering massage,
bodywork and somatic therapies shall be keep in clean closed containers or cabinets; and

       K.      Animals, except for Seeing Eye dogs, shall not be permitted in the massage
work area; and



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              L.     Each massage, bodywork and somatic therapist shall wash his or her hands in
       hot running water, using a proper soap or disinfectant before administering a massage,
       bodywork or somatic therapy to a patron; and

              M.      It shall be the responsibility of the establishment to ensure that each person in
      its employ meet the requirement of the Township of Bloomfield and obtain a permit a
      necessary.
§ 174A-11. Inspections; investigations.

                A.     The Department of Health, Fire Department and/or the Building Department
       shall, from time to time, at least twice a year, make an inspection of each massage, bodywork
       and somatic therapy establishment granted a permit under the provisions of this chapter for the
       purpose of determining whether the provisions of this chapter are being complied with. Such
       inspections shall be made at reasonable times and in a reasonable manner. It shall be unlawful
       for any establishment/individual to fail to allow such inspection officer access to the premises
       or to hinder such officer in any manner.
                B.     It shall be the obligation of the Bloomfield Township Police Department,
       through the Chief of Police, to make necessary assignments to investigate any violations of a
       criminal or quasi-criminal nature, including but not limited to public indecency as outlined in
       N.J.S.A. 2C:34-1 and N.J.S.A. 2C:34-2.

§ 174A-12. Suspension or revocation of permit.

               A.     Permits issued under this chapter may be immediately suspended for a period
       of not more than thirty (30) days, pending a hearing to revoke the permit for any of the
       following causes:

                       (1)     Fraud, misrepresentation or false statement in the application for the
                               permit; or

                       (2)     Fraud, misrepresentation or false statement made in the course of
                               carrying on the permitted business in the Township; or

                       (3)     Any violation of this chapter; or

                       (4)     Conviction of a crime involving moral turpitude, a felony, an offense
                               involving sexual misconduct, keeping or residing in a house of
                               prostitution or any crime involving dishonesty; or

                       (5)     Conducting the permitted business in the Township in an unlawful
                               manner or in such manner as to endanger the health, safety or general
                               welfare of the public.

                B.     Notice of the hearing for the revocation of a permit shall be given in writing,
       setting forth specifically the grounds of the complaint and the time and place of the hearing.
       Such notice shall be given personally or mailed to the permittee at his/her last known address
       at least five days prior to the date set for the hearing. Such notice shall contain a brief
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       statement or the grounds to be relied upon for revoking the permit. At the hearing, the
       permittee shall have an opportunity to answer and be heard, and after due consideration, the
       permit may be revoked or the complaint may be dismissed.

                C.     The Township Clerk shall serve as hearing officer for any hearing pursuant to
       this section. The decision of the Township Clerk shall constitute final administrative action of
       the Township.

§ 174A-13. Exceptions.

The provisions of this chapter shall not apply to massage, bodywork or somatic therapies given:

               A.      In the office of a licensed physician, chiropractor or physical therapist; or

               B.      By a duly licensed medical center, hospital or sanatorium having a staff which
       includes licensed physicians, osteopaths, chiropractors and/or physical therapists; or

               C.       By a licensed physician, chiropractor or physical therapist in the residence of
       his or her patient; or

               D.      By a licensed barber or cosmetologist/hairstylist limited to the area of the face,
       neck, scalp or upper part of the body as set forth in Cosmetology and Hairstyling Act of 1984,
       N.J.S.A. 45:5B-1 et seq
.
§ 174A-14. Violations and penalties.

In addition to the revocation or suspension of a permit granted under this chapter, any violation of any
provision of this chapter shall be subject, upon conviction thereof, to a fine not exceeding one
thousand dollars ($1,000.) or to imprisonment for a term not exceeding ninety (90) days, or to both
such fine and imprisonment.

All ordinances inconsistent herewith are hereby repealed.

This ordinance shall take effect upon final passage and publication in accordance with the law.
       On motion of Councilman Hamilton seconded by Councilwoman Spychala same was passed
on first reading: Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings,
(Mr.) Hamilton, (Ms.) Spychala, (Ms.) Dunigan and Mayor McCarthy voting "aye".
       Councilwoman Dunigan submitted the following ordinance on first reading:
       AN ORDINANCE TO AMEND CHAPTER 70, ALCOHOLIC BEVERAGES,
       ARTICLE I, GENERAL PROVISIONS, §70-1 DEFINITIONS, WITHIN THE
       TOWNSHIP CODE OF THE TOWNSHIP OF BLOOMFIELD




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       BE IT ORDAINED by the Mayor and Council of the Township of Bloomfield, County of
Essex, State of New Jersey, as follows:
       Section 1. Chapter 70, entitled, “ALCOHOLIC BEVERAGES” Article I, General Provisions,
§70-1 Definitions, of the Code of the Township of Bloomfield, County of Essex, State of New Jersey
is hereby amended by the addition of the following:
        BEER KEG -- means any brewery-sealed, single container that contains not less than seven
gallons of malt liquor. “Licensee” means a holder of a license under this chapter to sell alcoholic
beverages under §70-2.


       Section 2. All ordinances inconsistent herewith are hereby repealed.
       Section 3. This ordinance shall take effect upon final passage and publication in accordance
with the law.
       On motion of Councilwoman Dunigan seconded by Councilwoman Maly same was passed on
first reading: Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings,
(Mr.) Hamilton, (Ms.) Spychala, (Ms.) Dunigan and Mayor McCarthy voting "aye".
       Councilwoman Maly submitted the following ordinance on first reading:
       AN ORDINANCE TO AMEND CHAPTER 70, ENTITLED ALCOHOLIC
       BEVERAGES IN THE CODE OF THE TOWNSHIP OF BLOOMFIELD, COUNTY
       OF ESSEX, STATE OF NEW JERSEY, CREATING § 70-6.1 ENTITLED
       REGISTRATION OF BEER KEGS

       BE IT ORDAINED by the Mayor and Council of the Township of Bloomfield, County of
Essex, State of New Jersey as follows:
       Section 1. Chapter 70, entitled, “ALCOHOLIC BEVERAGES” of the Code of the Township
of Bloomfield, County of Essex, State of New Jersey is hereby amended by the addition and creation
of §70-6.1 entitled “Registration of Beer Kegs” to read as follows:
       §70-6.1 Registration of Beer Kegs

       A. Standards – No licensee shall sell beer kegs unless that licensee affixes an identification
          label or tag to each beer keg. An identification label or tag shall consist of paper, plastic,
          metal, or another durable material that is not easily damaged or destroyed. Identification
          labels used may contain a nonpermanent adhesive material in order to apply the label
          directly to an outside surface of a beer keg at the time of sale. Identification tags shall be
          attached to beer kegs at the time of sale with nylon ties or cording, wires ties or other
          metal attachment devices, or another durable means of typing or attachment of the tag to
          the beer keg. The identification information contained on the label or tag shall include the
          licensed licensee’s name, address, and telephone number; a unique beer keg number

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   assigned by the licensee; and a prominently visible warning that intentional removal or
   defacement of the label or tag is criminal offense. Upon return of a beer keg to the
   licensee that sold the beer keg and attached the identification label or tag, the licensee shall
   be responsible for the complete and thorough removal of the entire identification label or
   tag, and any adhesive or attachment devices of the label or tag. The identification label or
   tag must be kept on file with the licensee for not less than 90 days from the date of return.

B. Identification Required – A licensee may not sell a beer keg unless the beer keg has
   attached an identification label or tag complying with the standards established under
   paragraph A of this section.

C. Licensees to Keep Records –
      (A) A licensee who sells a beer keg must at the time of the sale record:
         (1) the number of the purchaser’s driver license, government issued identification
               card, military identification card, or valid United States or foreign passport;
               and
         (2) the date and time of the purchase; and
         (3) the beer keg identification number required under paragraph B of this section;
               and
         (4) the purchaser’s signature.

       (B) the record must be retained for not less than 90 days after the date of the sale.

D. Access to Records – A licensee required to retain records under paragraph C of this
   section must make the records available during regular business hours for inspection by a
   police officer or an agent or employee of the New Jersey Division of Alcoholic Beverage
   Control.

E. Violations –
      (A) A person required to record information under Paragraph C of this section may not
      knowingly make a materially false entry in the book or register required under that
      section. In a prosecution under this subdivision, it is a defense for the defendant to
      prove by a preponderance of the evidence that the defendant reasonably and in good
      faith relied upon the identification provided by the purchaser of a beer keg

       (B) No person other than a licensee, a licensed wholesaler of malt beverages, a police
       officer or an agent or employee of the New Jersey Division of Alcoholic Beverage
       Control may intentionally remove identification placed on a beer keg in compliance
       with Paragraph B. No person may intentionally deface or damage the identification on
       a beer keg to make it unreadable.

       (C) No person found guilty of violating any provision of this ordinance may, upon
       conviction, be subject to a fine of up to Two-Thousand Dollars ($2,000.00), be
       sentenced to a jail for up to 90 days or be required to perform community service at
       the discretion of the court. Each and every violation shall constitute a separate
       offense.

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                                                                          Bloomfield, New Jersey 07003
                                                                                    September 17, 2007

        Section 2. All ordinances inconsistent herewith are hereby repealed.
        Section 3. This ordinance shall take effect upon final passage and publication in accordance
with the law.
        On motion of Councilwoman Maly seconded by Councilman Tamborini same was passed on
first reading: Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings,
(Mr.) Hamilton, (Ms.) Spychala, (Ms.) Dunigan and Mayor McCarthy voting "aye".




        At this time, Mayor McCarthy stated that he has asked the Council to move this ordinance,
and he thinks that the Council is all in agreement that this is a good ordinance. He stated that this
ordinance is concerning teenage underage drinking, and this ordinance will make those parents and
adults, more responsible in terms of not buying kegs for the young adults in our Town, thank you.
        Councilwoman Ritchings submitted the following ordinance on first reading:
        AN ORDINANCE TO AMEND CHAPTER 271 OF THE REVISED
        GENERAL ORDINANCES OF THE TOWNSHIP OF BLOOMFIELD
        BEING THE ZONING CHAPTER, FOR THE PURPOSE OF REVISING
        THE LAND USE ORDINANCES OF THE TOWNSHIP OF BLOOMFIELD

        BE IT ORDAINED, by the Mayor and Council of the Township of Bloomfield, County
of Essex, State of New Jersey, as follows:
        Section 1. Chapter 271 of the Revised General Ordinances of the Township of Bloomfield
shall be and is hereby amended as hereinafter set forth. Said Ordinance being in excess of six typed
pages of ordinary print is proposed to be enacted without publication in full pursuant to the provisions
of N.J.S. 40:49-2.1.
        Section 2. The principal changes effected by said ordinance are as follows:
                  In November, 2002, the Township of Bloomfield Planning Board
                  adopted a comprehensive revision to the Township Master Plan
                  pursuant to N.J.S. 40:55D-89. To implement the recommendations
                  of the 2002 Master Plan, the Governing Body enacted a
                  comprehensive revision to the Township’s land use ordinances,
                  including provisions governing zoning, site plans, subdivisions,
                  land use procedures and fees, consistent with the recommendations
                  of the Master plan revision in July, 2005. In the two years since the
                  enactment of the Township’s Land Development Ordinance, the
                  implementation of the Ordinance identified errors, inconsistencies
                  and omissions. The purpose of this Amending Ordinance is to
                  correct those deficiencies and attempt to clarify and simplify the
                                                   412
                                                                         Bloomfield, New Jersey 07003
                                                                                   September 17, 2007

                 interpretation and implementation of the Ordinance. Changes
                 recommended by this Amending Ordinance include: (i)
                 modifications, additions and deletions to the definitions section; (ii)
                 a provision establishing standards for subdivision review; (iii)
                 amendments to checklists and the application form; (iv)
                 modifications to design standards to clarify them and eliminate
                 inconsistencies with zoning regulations; (v) the addition of
                 provisions regulating nonconforming uses, accessory uses such as
                 massage therapy and outdoor dining, and certain conditional uses;
                 (vi) the specification of certain prohibited uses; (vii) modifications
                 to permitted, accessory and conditional uses in many zoning


                 districts; (viii) amendments to the bulk standards set forth in
                 Schedule A, including most height requirements; (ix) amendments
                 to signage, fencing and parking requirements;           and (x)
                 modifications to the fee and escrow schedule.

                 In addition, the Planning Board is currently undertaking a
                 reexamination of the 2002 Master Plan. If that process is
                 completed in a timely manner, it is expected that the Planning
                 Board will review this Amending Ordinance for conformity with
                 both the 2002 Master Plan and the pending Reexamination Report.
                 If the Reexamination Report recommends alterations to zoning
                 boundaries, changes in classifications of districts or any other
                 substantive amendments to the Land Development Ordinance, the
                 Governing Body requests that the Planning Board prepares a
                 separate draft ordinance implementing those recommendations so
                 as not to delay its review of this Amending Ordinance.

        Section 3. At least three copies of the proposed Amending Ordinance are on file in the Office
of the Municipal Clerk for public examination and acquisition. Copies are available for inspection or
acquisition during regular weekday working hours. If adopted, arrangements will be made for the
publication of said proposed ordinance in pamphlet or other similar form, which will be available for
purchase from the Township Clerk.
        Section 4. This ordinance shall take effect after publication and passage according to the law.
        Section 5. The Township Clerk is hereby directed to give notice at least ten days prior to the
hearing on the adoption of this ordinance to the County Planning Board, and to all others entitled
thereto pursuant to the provisions of N.J.S. 40:55D-15. Upon adoption of this ordinance, after public
hearing thereon, the Township Clerk is further directed to publish notice of the passage thereof and to



                                                  413
                                                                       Bloomfield, New Jersey 07003
                                                                                 September 17, 2007

file a copy of this ordinance as finally adopted with the County Planning Board as required by N.J.S.
40:55D-16 and with the Township Tax Assessor.
       On motion of Councilwoman Ritchings seconded by Councilman Hamilton same was passed
on first reading: Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings,
(Mr.) Hamilton, (Ms.) Spychala, (Ms.) Dunigan and Mayor McCarthy voting "aye".
       The Municipal Clerk read the following ordinance by title:
       AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 185 OF THE
       BLOOMFIELD TOWNSHIP CODE, PROVIDING PARKING FOR PHYSICALLY
       LIMITED PERSONS (29 Lexington Avenue)

       Mayor McCarthy asked if there were any objections to the ordinance just read by the
Municipal Clerk.
       Councilwoman Ritchings moved the ordinance just read by the Municipal Clerk be adopted
on final reading, which motion was seconded by Councilman Hamilton: Roll call vote showed the
following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Mr.) Hamilton, (Ms.) Spychala, (Ms.)
Dunigan and Mayor McCarthy voting "aye".
       Councilman Tamborini moved and Councilwoman Ritchings seconded the adoption of the
following resolution:
                                        2007 RESOLUTION
       WHEREAS, the Township of Bloomfield has a need to hire a Consultant for the Personnel
Department as the former Director of Personnel resigned; and
       WHEREAS, the Township Administrator recommends Thomas Seaman be appointed to the
position; and
       WHEREAS, Thomas Seaman, 26 Lombard Street, Bloomfield, New Jersey has indicated a
willingness to act as a Personnel Consultant for the Township at an hourly rate of $75.00 per hour; and
       WHEREAS, the Acting Finance Director has indicated the funding is available at a cost not
to exceed $4,000.00.
       NOW, THEREFORE BE IT RESOLVED, that Thomas Seaman, be paid on a per diem
basis by voucher in the amount of $75.00 per hour at a cost not to exceed $4,000.00, effective
September 19, 2007 ending December 31, 2007.
       Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Mr.)
Hamilton, (Ms.) Spychala and (Ms.) Dunigan voting "aye". Mayor McCarthy abstained.


                                                 414
                                                                     Bloomfield, New Jersey 07003
                                                                               September 17, 2007

       Councilwoman Spychala moved and Councilwoman Dunigan seconded the adoption of the
following resolution:
                            RESOLUTION – 2008 ANNUAL PLAN
       WHEREAS, the Township of Bloomfield, County of Essex, State of New Jersey operates the
Federal Section 8 Program of Rental Assistance through the Bloomfield Housing Agency in the
Department of Community Development; and
       WHEREAS, the Federal Quality Housing and Work Responsibility Act of 1998 requires each
public housing agency to prepare an Annual Plan regarding the agency’s mission and goals; and
       WHEREAS, the Bloomfield Housing Agency has prepared an Annual Plan for Program Year
2008 in accordance with federal requirements; and
       WHEREAS, the Township of Bloomfield through the Bloomfield Housing Agency has
considered any public comments received on the plans.
       NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of
Bloomfield that:
       1. The Annual Plan for Program Year 2008 is approved.

       2. The Director of Community Development is hereby authorized as follows:

               (a) to file the plan with the U.S. Department of Housing and Urban Development; and

               (b) to serve as the authorized representative of the Township of Bloomfield in
               connection with the plan and to provide such additional information as may be
               required.

       Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Mr.)
Hamilton, (Ms.) Spychala, (Ms.) Dunigan and Mayor McCarthy voting "aye".
       Councilman Hamilton moved and Councilwoman Spychala seconded the adoption of the
following resolution:
                        2007 RESOLUTION – RECYCLING SERVICE

       WHEREAS, Mayor and Council of the Township of Bloomfield desires to enter into an
agreement for the Township’s recycling; and
       WHEREAS, the Director of Public Works after reviewing a proposal for a five (5) year
contract submitted by Zozzaro Brothers, Inc., 175 Circle Avenue, Clifton, NJ 07011, to perform
recycling services recommends entering into a contract with Zozzaro Brothers; and

                                                415
                                                                        Bloomfield, New Jersey 07003
                                                                                  September 17, 2007

        NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of
Bloomfield that the Director of Public Works is hereby authorized to enter into the attached contract
with Zozzaro Brothers, Inc. for the period of January 2008 through January 2013.
        Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, ((Mr.)
Hamilton, Ms.) Spychala, (Ms.) Dunigan and Mayor McCarthy voting "aye".
        At this time, Councilman Hamilton stated that this is a very good contract that was negotiated
by DPW Director Gerry MacIntyre, who must be commended. He stated that this also includes a forty
foot dumpster, to allow for electronic deposits for recycling computers, printing equipment, electronic
equipment, and televisions that are less than thirty two cubic inches. He stated that the Recycling
Committee is very excited about this, and there is also going to be an Open House on September 29,
2007, to commemorate the recycling of electronics in Bloomfield. He stated that a press release has
been prepared, and they look forward to the Mayor and Council coming out to help support the efforts
of the Recycling Committee. He stated that this is for Bloomfield residents only, thank you.
        Councilwoman Dunigan moved and Councilwoman Maly seconded the adoption of the
following resolution:
          RESOLUTION – PURCHASE OF VEHICLE, POLICE DEPARTMENT
        WHEREAS, it is the opinion of the Mayor and Council of the Township of Bloomfield,
County of Essex, State of New Jersey that it is in the best interest of the Township to purchase one
Ford Focus for the Bloomfield Police Department; and
        WHEREAS, Warnock Fleet & Leasing, 175 Route 10, East Hanover, NJ 07936 has been
awarded New Jersey State Contract # A-67060; and
        WHEREAS, Warnock Fleet & Leasing, has submitted a proposal for the sale of said Ford
Focus to the Township at a cost of $12,481.00; and
        WHEREAS, the Acting Finance Director has certified funds are available in Account # T-55-
13-224-56-013; and
        WHEREAS, the Bloomfield Police Department took delivery on August 29, 2007 of a 2007
Ford Focus for $12,481.00 which was paid by purchase order.
        NOW, THEREFORE, BE IT RESOLVED, that the Mayor is authorized to sign and the
Clerk to attest an agreement to purchase one Ford Focus with Warnock Fleet & Leasing, 175 Route
10, East Hanover, NJ 07936 at a total cost of $12,481.00.



                                                  416
                                                                        Bloomfield, New Jersey 07003
                                                                                  September 17, 2007

       Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Mr.)
Hamilton, (Ms.) Spychala, (Ms.) Dunigan and Mayor McCarthy voting "aye".
       Councilwoman Maly moved and Councilman Tamborini seconded the adoption of the
following resolution:
         2007- RESOLUTION – PLENARY RETAIL COMSUMPTION LICENSE
       BE IT RESOLVED by the Mayor and Council of the Township of Bloomfield, County of
Essex, State of New Jersey that a Plenary Retail Consumption License, expiring June 30, 2008, be
issued to the following named corporation for the location set opposite their respective name:




The Feedbag, Inc.
t/a The Feedbag                                          36 Broad Street
0702-33-004-004


       Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Ms.)
Spychala, (Ms.) Dunigan and Mayor McCarthy voting "aye". (Mr.) Hamilton abstained.
       Councilman Tamborini moved and Councilwoman Ritchings seconded the adoption of the
following resolution:
                            2007 RESOLUTION – ABC TRANSFER
       BE IT RESOLVED by the Mayor and Council of the Township of Bloomfield, County of
Essex, State of New Jersey, that Plenary Retail Consumption License No. 0702-33-058-007 of Town
Pub, Inc., t/a Town Pub, 378 Broad Street, Bloomfield, New Jersey be transferred to Town Pub of
Bloomfield, t/a Town Pub; and
       BE IT FURTHER RESOLVED that the approval of this Council of such transfer be made
by written endorsement thereof upon the face of the license in the form prescribed by law and become
effective at 12:01 A.M. on September 18, 2007.
       Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Ms.)
Spychala, (Ms.) Dunigan and Mayor McCarthy voting "aye". (Mr.) Hamilton abstained.
       Councilman Hamilton moved and Councilwoman Spychala seconded the adoption of the
following resolution:
           2007 RESOLUTION - FALL TREE PLANTING, CONTRACT AWARD

                                                 417
                                                                        Bloomfield, New Jersey 07003
                                                                                  September 17, 2007

        WHEREAS, after the required legal advertising was published, sealed bids were received in
the Council Chambers of the Municipal Building, Bloomfield, New Jersey on Tuesday, August 28,
2007, 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 planting of trees at various location
throughout the Township; and
        WHEREAS, the bids received were referred to the Township Engineer; and
        WHEREAS, the Township Engineer after due consideration to the bids submitted,
recommends that the contract be awarded, to the lowest responsible bidder, Louis Barbato
Landscaping Inc., 1600 Railroad Avenue, Holbrook, NY 11741, for a total contract cost of
$23,300.00; and
        WHEREAS, the Acting Finance Director has indicated that funding is available under Capital
account # C-04-55-992-988.
        NOW THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Township of
Bloomfield, County of Essex, State of New Jersey hereby accepts the recommendation of the
Township Engineer and he may enter into a contract for the 2007 Fall Tree Planting with Louis
Barbato Landscaping Inc. for $23,300.00.
        Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Mr.)
Hamilton, (Ms.) Spychala, (Ms.) Dunigan and Mayor McCarthy voting "aye".
        Councilwoman Spychala moved and Councilwoman Dunigan seconded the adoption of the
following resolution:
        WHEREAS, the Mayor and Council have determined it beneficial and in the best interest of
the Township to re-lamp Township-owned traffic signals with Light Emitting Diodes (LED’s); and
        WHEREAS, said replacements will result in greater visibility of the signals as well as provide
significant energy costs savings to the Township related to the amount of electricity used by the
signals; and
        WHEREAS, in accordance to N.J.S.A 40A:11-4.1 the purchase of LED’s can be
accomplished using competitive bidding.
        NOW BE IT RESOLVED, by the Mayor and Council of the Township of Bloomfield,
County of Essex, State of New Jersey that the Engineering Department of the Township of
Bloomfield is hereby authorized to utilize competitive contracting for the purchase of Light Emitting



                                                  418
                                                                           Bloomfield, New Jersey 07003
                                                                                     September 17, 2007

Diodes (LED’s) for use in Township-owned traffic signals in accordance with N.J.S.A. 40A:11-4.1;
and
        BE IT FURTHER RESOLVED, that the Mayor and Council directs that a minimum of
three (3) quotes be obtained as part of the competitive bidding process.
        Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Mr.)
Hamilton, (Ms.) Spychala, (Ms.) Dunigan and Mayor McCarthy voting "aye".
        Councilwoman Dunigan moved and Councilwoman Maly seconded the adoption of the
following resolution:
 2007 RESOLUTION ENDORSING THE “GREEN ACRES, FARMLAND, BLUE ACRES,
             AND HISTORIC PRESERVATION BOND ACT OF 2007”



        WHEREAS, a continued investment in open space, farmland and historic reservation is
vitally important to the state, as it enhances New Jersey’s economy, safeguards its remaining natural,
agricultural, recreational and cultural resources and preserves it character; and
        WHEREAS, New Jersey continues to face incredible pressure from development, losing
over 40 acres of open space daily to new development projects; and
        WHEREAS, protecting open spaces and improving community parks throughout the State,
including urban areas, supports New Jersey state and local economies by stabilizing local property
taxes and revitalizing communities; and
        WHEREAS, the Garden State Preservation Trust, the financing authority for the Green
Acres, Farmland, and Historic Preservation programs, is virtually depleted despite the continued need
for the programs it makes possible; and
        WHEREAS, on November 6, 2007, the voters of New Jersey will be asked to approve the
Green Acres, Farmland, Blue Acres, and Historic Preservation Bond Act of 2007, which authorizes
the state to issue $200 million in bonds to fund New Jersey’s preservation programs for one year and
the Blue Acres program to purchase flood prone properties; and
        WHEREAS, passage of the Bond Act is desperately needed to fund the continued protection
of New Jersey’s natural areas and cultural sites while a long-term funding solution for the Garden
State Preservation Trust is determined and secured.
        NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of
Bloomfield, County of Essex, State of New Jersey as follows:

                                                   419
                                                                     Bloomfield, New Jersey 07003
                                                                               September 17, 2007

       1. The municipality encourages the voters of New Jersey to vote yes on the Green Acres,
          Farmland, Blue Acres, and Historic Preservation Bond Act of 2007 on November 6, 2007.

       2. The Municipal Clerk is hereby authorized to provide a copy of this Resolution to the
          following

              a) The Honorable Jon Corzine, Office of the Governor, PO Box 001, Trenton, NJ
                 08625
              b) State Senators – Robert Menendez and Frank R. Lautenberg, One Gateway Center
                 – 11th Flr, Newark, NJ 07102
              c) State Assemblypersons – Craig A. Stanley, 1200 Clinton Avenue – Suite 140,
                 Irvington, NJ 07111 and Oadline D. Truitt, 1064 Clinton Avenue # 180, Newark,
                 NJ 07111
              d) Keep it Green c/o NJ Audubon Society, 142 W. State Street, 4th Floor, Trenton, NJ
                 08608
              e) Star-Ledger and Independent Press

       Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Mr.)
Hamilton, (Ms.) Spychala, (Ms.) Dunigan and Mayor McCarthy voting "aye".
       Councilwoman Maly moved that the following be awarded a license for 2007:
LANDSCAPER’S LICENSES
William Olivero                      (Renewal- 3 Vehicles)
Olivero Landscaping
44 Howard Street
Bloomfield, NJ 07003
Alfonso Lombardi                     (Renewal- 2 Vehicles)
A. Lombardi, Inc.
73 North Willow Street
P.O. Box 1571
Montclair, NJ 07042
which motion was seconded by Councilman Tamborini and carried.
       Councilman Tamborini moved for adjournment, which motion was seconded by
Councilwoman Dunigan and carried. The meeting adjourned at 8:18pm.




                                                             _____________________________
                                                             Louise M. Palagano
                                                             Municipal Clerk
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