Eighth Regular Meeting of the Township Council - Organization by decree

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									                                                                                    Bloomfield, New Jersey 07003
                                                                                                  April 16, 2007

              Eighth Regular Meeting of the Township Council.
              The meeting commenced at 7:32 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, Peggy O’Boyle Dunigan and Mayor Raymond J. McCarthy. Patricia Spychala
absent.
              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 stated that he would like to read a Proclamation entitled,
“National Kids Week- April 28-May 6, 2007”.
              WHEREAS; unintentional injury is the number one killer of children 14 and under; and
              WHEREAS; each year, more than 5,000 children 14 and under die from unintentional
injuries; and
              WHEREAS; emergency rooms experience nearly 2.4 million visits from children 14 and
under each summer; and
              WHEREAS; 90 percent of these injuries and deaths are preventable; and
              WHEREAS; 41 percent of these deaths occur during “trauma season,” the months of May,
June, July and August; and
              WHEREAS; the risk areas that show the greatest seasonal surge in deaths and injuries
between May and August compared to the rest of the year are biking, drowning, pedestrian, motor
vehicle occupants and falls; and
              WHEREAS; Safe Kids Worldwide and Safe Kids New Jersey, led by the New Jersey State
Safety Council promote childhood injury prevention by uniting diverse groups into local and state



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coalitions, developing innovative educational tools and strategies, initiating public policy changes,
promoting new technology and raising awareness through the media; and
          WHEREAS; Safe Kids Worldwide, with the support of founding sponsor Johnson &
Johnson, launches Safe Kids Week 2007, “Make it a Safe Kids Summer,” which focuses on five of
the deadliest warm-weather risk areas of motor vehicles, drownings, pedestrian, biking and falls; and
          WHEREAS; Safe Kids New Jersey has planned special childhood injury prevention activities
and community-based events for Safe Kids Week 2007 in an effort to educate families about summer
safety.
          NOW, THEREFORE, I, RAYMOND J. McCARTHY, as Mayor of the Township of
Bloomfield, along with the Township Council, do hereby proclaim April 28-May 6, 2007
                                   NATIONAL SAFE KIDS WEEK
in New Jersey and call upon all the residents of this Township to join with me in supporting the efforts
and activities of Safe Kids New Jersey to prevent childhood injury.
                                               ARBOR DAY 2005

          WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that
a special day be set aside for the planting of trees; and
          WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more
then a million trees in Nebraska, and Arbor Day is now observed throughout the nation and the world;
and
          WHEREAS, trees reduce the erosion of our precious topsoil by wind and water, cut heating
and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for our
wildlife; and
          WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our
fires and countless other wood products; and
          WHEREAS, trees in our Township increase property values, enhance the economic vitality of
business areas and beautify our community; and
          WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal; and
          WHEREAS, the Township of Bloomfield has been recognized as a Tree City USA by the
National Arbor Day Foundation and desires to continue its tree-planting practices:
          NOW, THEREFORE, I, RAYMOND J. McCARTHY, as Mayor of the Township of
Bloomfield, do hereby proclaim May 13, 2005 as “ARBOR DAY” in the Township of Bloomfield


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and urge all citizens to celebrate Arbor Day and support its efforts to protect our trees and woodlands;
and furthermore, I urge all residents to plant trees to gladden the heart and promote the well-being of
this and future generations of our community.
        Councilwoman Dunigan moved the appointment of Bill Colgan to the Business Advisory
Board for a five year term, which was seconded by Councilwoman Maly and carried.
        Mayor McCarthy stated that he would like to recommend the Appointment of Robert S.
Harney to the Bloomfield Cultural Commission for a five year term.
        Ms. Palagano stated the three written communication were received. She stated that first
communication is from Sherrill R. Thorton, a resident who lives on Merkel Drive, and it is dated
April 2, 2007, and it is a letter stating that the Town’s Dial a Ride program has been a blessing to her,
and she is sending this letter to let the Mayor and Council to let them know that she deeply appreciates
this service and that she recognizes the hard work that Ms. Pat Covello, and her staff, provide daily in
arranging to have the scheduling and pickup’s and drop-off’s run smoothly. She continues to say that
despite sometimes hectic conditions, some of the Dial a Ride’s drivers are surely among the nicest,
most pleasant people I know. As a result of an in-house accident she has had seven surgical
procedures and many courses of physical therapy, and because she was not able to drive for long
stretches of time, she depended on Dial a Ride to take her to and from the physical therapy. Ms.
Palagano stated that Ms. Thorton then stated that Dial a Ride did not let her down, thank you.
        Ms. Palagano stated that the second written communication is from the Mayor of the
Township of Nutley, Joanne Cocchiola, dated April 10, 2007 stating that she met recently with
Bloomfield’s Health Officer Trevor Weigle, Vincent Nicosia, and Chief REHS to discuss a few
outstanding concerns relative to our animal control contract with the Township of Bloomfield. She
stated that Mayor Cocchiola continues to say that she wants to compliment both gentlemen on their
professionalism and courtesy; they are both true assets to the Township of Bloomfield, and she has
executed the contract and looks forward to continuing our working relationship, thank you.
        Ms. Palagano stated that the last written communication received is from Kris Kolluri,
Commissioner of the Department of Transportation, dated April 12, 2007, and states that on behalf of
Governor Jon S. Corzine, he is pleased to announce that applications will now be accepted for the
New Jersey Department of Transportation’s (NJDOT) Local Bikeway Program, and all municipalities
are eligible to apply for funds through the program. She stated that the letter also states that as the
NJDOT continues to work towards their goal of achieving 1,000 miles of dedicated bikeways in New
Jersey, consideration will be given to bikeways that are physically separated from motorized vehicular

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traffic by an open space, or barrier. Ms. Palagano then stated that they also give the website, and
inform Mayor McCarthy to keep in mind that a separate application for each project must be
completed and submitted to the NJDOT’s Local Aid district office on or before June 29, 2007, thank
you.
        At this time, Mayor McCarthy opened the oral portion of the meeting to the public.
        Nick Joanow, 226 Lakewood Drive, stated that he is sure that all of us, and our municipal and
uniformed employees spent a very laborious day and evening yesterday with the flooding, not only
throughout the Township, but obviously, with the “State of Emergency” that was declared, it was a
long night for everyone, and he certainly must compliment all of them. He stated that the one concern
he has, that he thinks we all could learn from disasters of this type, is the use, as when Councilman
Tamborini was in charge of emergency services, he used the personnel from the CERT Program to
man phones and to be volunteers to free some of our uniformed people, to provide first hand services.
He stated that he sees this as a service to the community and to put our Firemen and Policemen into
place where they should be, out on the street to provide first hand services. He stated that he thinks
that the fact of the CERT organization or other volunteer organizations needs to happen, as well as
Township Engineer Paul Lasek working with the County, but we really need to work towards being
able to deliver those kinds of services to free up the specialty services. He stated that this was just
merely a lesson, because we are beginning the season. He stated that we should not have tropical
storms like this in the month of April. He stated that we could all learn a lesson from this and look
ahead as we enter the summer season. He stated that there should be a group of people on hand who
are ready to provide the base of communications that keeps everyone on line, and gets the services out
in a priority. He stated that however we could organize it, whether it is through Mr. Lasek or the
County, and strongly encourage, if it is possible, to get Councilman Tamborini back in that position,
because he knows this Township backwards and frontward, and knows how to make it work, and he
was very respectful of the opportunity, and it’s a valuable opportunity because it could be the
difference between life and death, thank you.
        Councilwoman Maly moved to close the Oral Portion of the meeting, which was seconded by
Councilman Tamborini and carried.
        Councilwoman Ritchings submitted the following ordinance on first reading:
        ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION
        LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.14)



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        WHEREAS, the Local Government Cap Law, N.J.S.A. 40A:4-45.1 et seq., provides that in
the preparation of its annual budget, a municipality shall limit any increase in said budget to 2.5%
unless authorized by ordinance to increase it to 3.5% over the previous year’s final appropriations,
subject to certain exceptions; and
        WHEREAS, N.J.S.A. 40A:4-45.15a provides that a municipality may, when authorized by
ordinance, appropriate the difference between the amount of its actual final appropriation and the
3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding
years; and
        WHEREAS, the Mayor and Council of the Township of Bloomfield in the County of Essex
finds it advisable and necessary to increase its CY 2007 budget by up to 3.5% over the previous year’s
final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and
        WHEREAS, the Mayor and Council hereby determines that a 3.5% increase in the budget for
said year, amounting to $436,444.17. in excess of the increase in final appropriations otherwise
permitted by the Local Government Cap Law, is advisable and necessary; and
        WHEREAS, the Mayor and Council hereby determines that any amount authorized
hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final
appropriation in either of the next two succeeding years
        NOW THEREFORE BE IT ORDAINED, by the Mayor and Council of the Township of
Bloomfield, in the County of Essex, a majority of the full authorized membership of this Governing
Body affirmatively concurring that, in the CY 2006 budget year, the final appropriations of the
Township of Bloomfield shall, in accordance with this ordinance and N.J.S.A. 40A:4-45.14, be
increased by 3.5%, amounting to $436,444.17 and that the CY 2007 municipal budget for the
Township of Bloomfield be approved and adopted in accordance with this ordinance; and
        BE IT FURTHER ORDAINED, that any amount authorized hereinabove that is not
appropriated as part of the final budget shall be retained as an exception to final appropriation in either
of the next two succeeding years; and
        BE IT ORDAINED, that a certified copy of this ordinance as introduced be filed with the
Director of the Division of Local Government Services within 5 days of introduction; and
        BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption, with
the recorded vote included thereon, be filed with said Director within 5 days after such adoption.




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          On motion of Councilwoman Ritchings seconded by Councilman Hamilton same was passed
on first reading: Roll call vote showed the following: (Ms.) Maly, (Ms.) Ritchings, (Mr.) Hamilton,
(Ms.) Dunigan and Mayor McCarthy voting "aye". (Mr.) Tamborini voting, “nay”. (Ms.) Spychala
absent.
          Councilman Tamborini submitted the following ordinance on first reading:
          AN ORDINANCE TO AMEND CHAPTER 130, FLOOD DAMAGE
          PREVENTION WITHIN THE TOWNSHIP OF BLOOMFIELD

          WHEREAS, the Township’s Engineer recommends that the Township revise the Township’s
Code Chapter 130, entitled Flood Damage Prevention; and
          WHEREAS, the Township of Bloomfield recognizes that amending the code is in the best
interest of the community.
          NOW THEREFORE BE IT ORDAINED, by the Mayor and Council of the Township of
Bloomfield, County of Essex, State of New Jersey, is hereby amending Chapter 130 as follows:
§ 130-1. Statutory authorization.

     The Legislature of the State of New Jersey has, in N.J.S.A. 40:48-1 et seq., delegated the
     responsibility to local governmental units to adopt regulations designed to promote public health,
     safety and general welfare of its citizenry. Therefore, the Mayor and Council of the Township of
     Bloomfield, New Jersey, does ordain as follows.

§ 130-2. Findings.

A.        The flood hazard areas of Bloomfield are subject to periodic inundation which results in loss
          of life and property, health and safety hazards, disruption of commerce and governmental
          services, extraordinary public expenditures for flood protection and relief and impairment of
          the tax base, all of which adversely affect the public health, safety and general welfare.

     B. These flood losses are caused by the cumulative effect of obstructions in areas of special flood
        hazard which increase flood heights and velocities and, when inadequately anchored, damage
        uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected
        from flood damage also contribute to the flood loss.

§ 130-3. Statement of purpose.

     It is the purpose of this chapter to promote the public health, safety and general welfare and to
     minimize public and private losses due to flood conditions in specific areas by provisions
     designed to:

A.        Protect human life and health.

B.        Minimize expenditure of public money for costly flood control projects.

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C.      Minimize the need for rescue and relief efforts associated with flooding and generally
        undertaken at the expense of the general public.

D.      Minimize prolonged business interruptions.

E.      Minimize damage to public facilities and utilities such as water and gas mains, electric,
        telephone and sewer lines, streets and bridges located in areas of special flood hazard.

F.      Help maintain a stable tax base by providing for the sound use and development of areas of
        special flood hazard so as to minimize future flood blight areas.

G.      Ensure that potential buyers are notified that property is in an area of special flood hazard.

H.      Ensure that those who occupy the areas of special flood hazard assume responsibility for their
        actions.

§ 130-4. Methods of reducing flood losses.

     In order to accomplish its purposes, this chapter includes methods and provisions for:

A.      Restricting or prohibiting uses which are dangerous to health, safety and property due to water
        or erosion hazards or which result in damaging increases in erosion or in flood heights or
        velocities.

B.      Requiring that uses vulnerable to floods, including facilities which serve such uses, be
        protected against flood damage at the time of initial construction.

C.      Controlling the alteration of natural floodplains, stream channels and natural protective
        barriers, which help accommodate or channel floodwaters.

D.      Controlling filling, grading, dredging and other development which may increase flood
        damage.

E.      Preventing or regulating the construction of flood barriers which will unnaturally divert
        floodwaters or which may increase flood hazards in other areas.

§ 130-5. Word usage; definitions.

A.      Unless specifically defined below, words or phrases used in this chapter shall be interpreted so
        as to give them the meanings they have in common usage and to give this chapter its most
        reasonable application.

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

        APPEAL -- A request for a review of the Building Inspector's and Township Engineer’s
        interpretation of any provision of this chapter or a request for a variance.


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AREA OF SHALLOW FLOODING -- a designated AO, AH, or VO zone on a community's
Digital Flood Insurance Rate Map (DFIRM) with a one percent annual or greater chance of
flooding to an average depth of one to three feet where a clearly defined channel does not
exist, where the path of flooding is unpredictable and where velocity flow may be evident.
Such flooding is characterized by ponding or sheet flow.

AREA OF SPECIAL FLOOD HAZARD -- The land in the floodplain within a community
subject to a one-percent or greater chance of flooding in any given year.

BASE FLOOD -- The flood having a one-percent chance of being equaled or exceeded in any
given year.

BASEMENT -- Any area of the building having its floor subgrade (below ground level) on all
sides.

BREAKAWAY WALL -- A wall that is not part of the structural support of the building and
is intended through its design and construction to collapse under specific lateral loading forces
without causing damage to the elevated portion of the building or supporting foundation
system.

DEVELOPMENT -- Any man-made change to improved or unimproved real estate, including
but not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations or storage of equipment or materials located within the area
of special flood hazard.

ELEVATED BUILDING -- A non-basement building (i) built in the case of a building in a
Area of Special Flood Hazard to have the top of the elevated floor elevated above the ground
level by means of piling, columns (posts and piers), or shear walls parallel to the flow of the
water, and (ii) adequately anchored so as not to impair the structural integrity of the building
during a flood up to the magnitude of the base flood. In an Area of Special Flood Hazard
"elevated building" also includes a building elevated by means of fill or solid foundation
perimeter walls with openings sufficient to facilitate the unimpeded movement of flood
waters.

FLOOD or FLOODING -- A general and temporary condition of partial or complete
inundation of normally dry land areas from:

(1)     The overflow of inland or tidal waters; and/or

(2)     The unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD INSURANCE RATE MAP (FIRM) -- The official map on which the Federal
Insurance Administration has delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS) -- The official report provided in which the Federal
Insurance Administration has provided flood profiles, as well as the Flood Insurance Rate
Map and the water surface elevation of the base flood.

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FLOODPLAIN MANAGEMENT REGULATIONS -- Zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances (such as a
floodplain ordinance, grading ordinance and erosion control ordinance) and other applications
of police power. The term describes such state or local regulations, in any combination
thereof, which provide standards for the purpose of flood damage prevention and reduction.

FLOODWAY -- The channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the
water surface elevation more than zero and two-tenths (0.2) foot.

HIGHEST ADJACENT GRADE -- The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.

HISTORIC STRUCTURE -- Any structure that is:

(1)     Listed individually in the National Register of Historic Places (a listing maintained by
        the Department of Interior) or preliminarily determined by the Secretary of the Interior
        as meeting the requirements for individual listing on the National Register;

(2)     Certified or preliminarily determined by the Secretary of the Interior as contributing to
        the historical significance of a registered historic district preliminarily determined by
        the Secretary to qualify as a registered historic district;

(3)     Individually listed on a State Inventory of Historic Places in states with historic
        preservation programs which have been approved by the Secretary of the Interior; or

(4)     Individually listed on a Local Inventory of Historic Places in communities with
        historic preservation programs that have been certified either:

        (a)     By an approved state program as determined by the Secretary of the Interior;
                or

        (b)     Directly by the Secretary of the Interior in states without approved programs.

LOWEST FLOOR -- The lowest floor of the lowest enclosed area (including basement). An
unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, building
access or storage in an area other than a basement, is not considered a building's "lowest
floor," provided that such enclosure is not built so to render the structure in violation of other
applicable nonelevation design requirements.

MANUFACTURED HOME -- A structure, transportable in one (1) or more sections, which is
built on a permanent chassis and is designed for use with or without a permanent foundation
when attached to the required utilities. The term "manufactured home" does not include a
recreational vehicle.

MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION -- A
parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for
rent or sale.
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NEW CONSTRUCTION -- Structures for which the start of construction commenced on or
after the effective date of a floodplain regulation adopted by a community, and includes any
subsequent improvements to such structures.

NEW MANUFACTURED HOME PARK OR SUBDIVISION -- A manufactured home park
or subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets and either final site grading or the pouring of concrete pads) is
completed on or after the effective date of the floodplain management regulations adopted by
the municipality.

RECREATIONAL VEHICLE -- A vehicle which is:

(1)     Built on a single chassis;

(2)     Four hundred (400) square feet or less when measured at the longest horizontal
        projections;

(3)     Designed to be self-propelled or permanently towable by a light-duty truck; and

(4)     Designed primarily not for use as a permanent dwelling but as temporary living
        quarters for recreational, camping, travel or seasonal use.

START OF CONSTRUCTION -- For other than new construction or substantial
improvements under the Coastal Barrier Resources Act (P.L. No. 97-348), includes substantial
improvements and means the date the building permit was issued, provided that the actual
start of construction, repair, reconstruction, rehabilitation, addition, placement or other
improvement was within one hundred eighty (180) days of the permit date. The "actual start"
means either the first placement of permanent construction of a structure on a site, such as the
pouring of a slab or footings, the installation of piles, the construction of columns or any work
beyond the stage of excavation, or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as clearing, grading and
filling, nor does it include the installation of streets and/or walkways, nor does it include
excavation for a basement, footings or piers or foundations or the erection of temporary forms,
nor does it include the installation on the property of accessory buildings, such as garages or
sheds, not occupied as dwelling units or not part of the main structure. For a substantial
improvement, the "actual start of construction" means the first alteration of any wall, ceiling,
floor or other structural part of a building, whether or not that alteration effects the external
dimensions of the building.

STRUCTURE -- A walled and roofed building, a manufactured home or a gas or liquid
storage tank that is principally above ground.

SUBSTANTIAL DAMAGE -- Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would equal or exceed fifty
percent (50%) of the market value of the structure before the damage occurred.


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       SUBSTANTIAL IMPROVEMENT -- Any reconstruction, rehabilitation, addition or other
       improvement of a structure, the cost of which exceeds fifty percent (50%) of the market value
       of the structure before the start of construction of the improvement. This term includes
       structures which have incurred substantial damage, regardless of the actual repair work
       performed. The term does not, however, include either:

       (1)     Any project for improvement of a structure to correct existing violations of state or
               local health, sanitary or safety code specifications which have been identified by the
               local code enforcement officer and which are the minimum necessary to assure safe
               living conditions; or

       (2)     Any alteration of a historic structure, provided that the alteration will not preclude the
               structure's continued designation as a historic structure.

       VARIANCE -- A grant of relief from the requirements of this chapter which permits
       construction in a manner that would otherwise be prohibited by this chapter.

§ 130-6. Applicability.

       This chapter shall apply to all areas of special flood hazard within the jurisdiction of
       Bloomfield.

§ 130-7. Basis for establishing the areas of special flood hazard

       The areas of special flood hazard for the Township of Bloomfield, Community No.340178,
       are identified and defined on the following documents prepared by the Federal Emergency
       Management Agency:

       - A scientific and engineering report “Flood Insurance Study, Essex County, New Jersey (All
       Jurisdictions)” dated June 4, 2007

       - Flood Insurance Rate Map for Essex County, New Jersey (All Jurisdictions) as shown on
       Index and panel numbers 0104, 0106, 0108, 0112, 0114, 0116, 0118; whose effective date is
       June 4, 2007.

       The above documents are hereby adopted and declared to be a part of this ordinance. The
       Flood Insurance Study and maps are on file at The Office of the Township Engineer, 1
       Municipal Plaza, Room 203, Bloomfield, NJ 07003.

§ 130-8. Violations and penalties.

       No structure or land shall hereafter be constructed, located, extended, converted or altered
       without full compliance with the terms of this chapter and other applicable regulations.
       Violation of the provisions of this chapter by failure to comply with any of its requirements
       (including violations of conditions and safeguards established in connection with condition)
       shall constitute a misdemeanor.

       Any person who violates this chapter or fails to comply with any of its requirements shall,
       upon conviction thereof, be fined not more195 than one thousand dollars ($1,000.) or
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             imprisoned for not more than ninety (90) days, or both, for each violation and, in addition,
             shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent
             the Township of Bloomfield from taking such other lawful action as is necessary to prevent or
             remedy any violation.

     § 130-9. Abrogation and greater restrictions.

             This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or
             deed restrictions. However, where this chapter and another ordinance, easement, covenant or
             deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall
             prevail.

     § 130-10. Interpretation.

     In the interpretation and application of this chapter, all provisions shall be:

     A.      Considered as minimum requirements.

     B.      Liberally construed in favor of the governing body.

C.           Deemed neither to limit nor repeal any other powers granted under state statutes.

     § 130-11. Warning and disclaimer of liability.

     A.      The degree of flood protection required by this chapter is considered reasonable for regulatory
             purposes and is based on scientific and engineering considerations. Larger floods can and will
             occur on rare occasions. Flood heights may be increased by man-made or natural causes. This
             chapter does not imply that land outside the areas of special flood hazard or uses permitted
             within such areas will be free from flooding or flood damages.

     B.      This chapter shall not create liability on the part of Bloomfield, any officer or employee
             thereof or the Federal Insurance Administration for any flood damages that result from
             reliance on this chapter or any administrative decision lawfully made thereunder.

     § 130-12. Establishment of development permit.

     A.      A development permit shall be obtained before construction or development begins within any
             area of special flood hazard established in § 130-7. Application for a development permit shall
             be made on forms furnished by the Building Inspector and may include but not be limited to
             plans, in duplicate, drawn to scale showing the nature, location, dimensions and elevations of
             the area in question; existing or proposed structures, fill, storage of materials and drainage
             facilities; and the location of the foregoing.

     B.      Specifically, the following information is required:

             (1)     Elevation, in relation to mean sea level, of the lowest floor (including basement) of all
                     structures.

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        (2)     Elevation, in relation to mean sea level, to which any structure has been floodproofed.

        (3)     Certification by a registered professional engineer or architect that the floodproofing
                methods for any nonresidential structure meet the floodproofing criteria in § 130-17B.
        (4)     Description of the extent to which any watercourse will be altered or relocated as a
                result of proposed development.

C.      Obtaining a development permit from the Township Of Bloomfield does not relieve the
        applicant from obtaining permits required by other departments or agencies including, but not
        limited to, New Jersey Department of Environmental Protection (NJDEP), Stream
        Encroachment Permit, NJDEP Freshwater Wetlands Permits, Compliance with Residential
        Site Improvement Standards Stormwater Management Regulations, New Jersey Soil
        Conservation Service Soil Erosion & Sediment Control Plan Certification and any other local,
        state and federal permits that may be applicable to the proposed development.

§ 130-13. Designation of local administrator.

     The Building Inspector is hereby appointed to administer and implement this chapter by
     forwarding all development applications within a special flood hazard area to the Township
     Engineer who will review and recommend granting or denying development permit applications
     within a flood hazard area in accordance with its provisions.

§ 130-14. Duties and responsibilities of Building Inspector and Township Engineer.

     Duties of the Building Inspector and the Township Engineer when related to this chapter shall
     include but not be limited to:

A.      Permit review. The Building Inspector shall refer all development applications within a flood
        hazard area to the Township Engineer who will:

        (1)     Review all development permits to determine that the permit requirements of this
                chapter have been satisfied.

        (2)     Review all development permits to determine that all necessary permits have been
                obtained from those federal, state or local governmental agencies from which prior
                approval is required.

        (3)     Review all development permits to determine if the proposed development is located
                in the floodway and assure that the encroachment provisions of § 130-18A are met.

B.      Use of other base flood and floodway data. When base flood elevation and floodway data have
        not been provided in accordance with § 130-7, Basis for establishing areas of special flood
        hazard, the Township Engineer shall obtain, review and reasonably utilize any base flood
        elevation and floodway data available from a federal, state or other source in order to
        administer § 130-17A, Residential construction, and § 130-17B, Nonresidential construction.

C.      Information to be obtained and maintained. The Building Inspector shall:

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       (1)    Obtain and record the actual elevation (in relation to mean sea level) of the lowest
              floor (including basement) of all new or substantially improved structures, and
              whether or not the structure contains a basement. The lowest floor elevations shall be
              provided by the developer through the services of a professional land surveyor
              licensed in the State Of New Jersey.

       (2)    For all new or substantially improved flood proofed structures:

              (a)      Verify and record the actual elevation (in relation to mean sea level). All
                       elevations shall be provided by the developer through the services of a
                       professional land surveyor licensed in the State Of New Jersey.

              (b)      Maintain the floodproofing certifications required in § 130-12B(3).

       (3)    Maintain for public inspection all records pertaining to the provisions of this chapter.

D.     Alteration of watercourses. The Township Engineer shall:

       (1)    Notify adjacent communities and the New Jersey Department of Environmental
              Protection, Dam Safety and Flood Control Section and the Land Use Regulation
              Program prior to any alteration or relocation of a watercourse, and submit evidence of
              such notification to the Federal Insurance Administration.

       (2)    Require that maintenance is provided within the altered relocated portion of said
              watercourse so that the flood-carrying capacity is not diminished.

D.     Interpretation of FIRM boundaries. The Township Engineer shall make interpretations where
       needed as to the exact location of the boundaries of the areas of special flood hazard (for
       example, where there appears to be a conflict between a mapped boundary and actual field
       conditions). The person contesting the location of the boundary shall be given a reasonable
       opportunity to appeal the interpretation as provided in § 130-15.

§ 130-15. Variance procedure.

A.     Appeal board.

       (1)    The Essex County Construction Appeals Board as established by the County of Essex
              shall hear and decide appeals and requests for variances from the requirements of this
              chapter.

       (2)    The Essex County Construction Appeals Board shall hear and decide appeals when it
              is alleged there is an error in any requirement, decision or determination made by the
              Building Inspector or the Township Engineer in the enforcement or administration of
              this chapter.


       (3)    Those aggrieved by the decision of the Appeal Board, or any taxpayer, may appeal
              such decision to the Superior Court, as provided by law.
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(4)   In passing upon such applications, the appeal board shall consider all technical
      evaluations, all relevant factors, standards specified in other sections of this chapter
      and:

      (a)    The danger that materials may be swept onto other lands to the injury of
             others.

      (b)    The danger to life and property due to flooding or erosion damage.

      (c)    The susceptibility of the proposed facility and its contents to flood damage and
             the effect of such damage on the individual owner.

      (d)    The importance of the services provided by the proposed facility to the
             community.

      (e)    The necessity to the facility of a waterfront location, where applicable.

      (f)    The availability of alternative locations for the proposed use which are not
             subject to flooding or erosion damage.

      (g)    The compatibility of the proposed use with existing and anticipated
             development.

      (h)    The relationship of the proposed use to the Comprehensive Plan and
             floodplain management program of that area.

      (i)    The safety of access to the property in times of flood for ordinary and
             emergency vehicles.

      (j)    The expected heights, velocity, duration, rate of rise and sediment transport of
             the floodwaters and the effects of wave action, if applicable, expected at the
             site.

      (k)    The costs of providing governmental services during and after flood
             conditions, including maintenance and repair of public utilities and facilities
             such as sewer, gas, electrical and water systems and streets and bridges.

(5)   Upon consideration of the factors of Subsection A(4) above and the purposes of this
      chapter, the appeal board may attach such conditions to the granting of variances as it
      deems necessary to further the purposes of this chapter.

(6)   The Building Inspector shall maintain the records of all appeal actions, including
      technical information, and report any variances to the Federal Insurance
      Administration upon request.




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B.     Conditions for variances.

       (1)      Generally, variances may be issued for new construction and substantial
                improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to
                and surrounded by lots with existing structures constructed below the base flood level,
                provided that the

                items in Subsection A(4)(a) through (k) above have been fully considered. As the lot
                size increases beyond the one-half (1/2) acre, the technical justification required for
                issuing the variance increases.

       (2)      Variances may be issued for the repair or rehabilitation of historic structures upon a
                determination that the proposed repair or rehabilitation will not preclude the structure's
                continued designation as a historic structure and the variance is the minimum
                necessary to preserve the historic character and design of the structure.

       (3)      Variances shall not be issued within any designated floodway if any increase in flood
                levels during the base flood discharge would result.

       (4)      Variances shall only be issued upon a determination that the variance is the minimum
                necessary, considering the flood hazard, to afford relief.

       (5)      Variances shall only be issued upon:

                (a)     A showing of good and sufficient cause;

                (b)     A determination that failure to grant the variance would result in exceptional
                        hardship to the applicant; and

                (c)     A determination that the granting of a variance will not result in increased
                        flood heights, additional threats to public safety or extraordinary public
                        expense or create nuisances or cause fraud on or victimization of the public as
                        identified in Subsection A(4) above or conflict with existing local laws or
                        ordinance.

       (6)      Any applicant to whom a variance is granted shall be given written notice that the
                structure will be permitted to be built with a lowest floor elevation below the base
                flood elevation and the cost of flood insurance will be commensurate with the
                increased risk resulting from the reduced lowest floor elevation.

§ 130-16. General standards.

     In all areas of special flood hazard, the following standards are required:

A.     Anchoring.

       (1)      All new construction and substantial improvements shall be anchored to prevent
                flotation, collapse or lateral movement of the structure.
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     (2)      All manufactured homes shall be anchored to resist flotation, collapse or lateral
              movement. Methods of anchoring may include but are not to be limited to use of over-
              the-top or frame ties to ground anchors. This requirement is in addition to applicable
              state and local anchoring requirements for resisting wind forces.

B.   Construction materials and methods.

     (1)      All new construction and substantial improvements shall be constructed with materials
              and utility equipment resistant to flood damage.

     (2)      All new construction and substantial improvements shall be constructed using
              methods and practices that minimize flood damage.

C.   Utilities.

     (1)      All new and replacement water supply systems shall be designed to minimize or
              eliminate infiltration of floodwaters into the system.

     (2)      New and replacement sanitary sewage systems shall be designed to minimize or
              eliminate infiltration of floodwaters into the systems and discharge from the systems
              into floodwaters.

     (3)      On-site waste disposal systems shall be located to avoid impairment to them or
              contamination from them during flooding.

     (4)      Electrical, heating, ventilation, plumbing and air-conditioning equipment and other
              service facilities shall be designed and/or located so as to prevent water from entering
              or accumulating within the components during conditions of flooding.

D.   Subdivision proposals.

     (1)      All subdivision proposals shall be consistent with the need to minimize flood damage.

     (2)      All subdivision proposals shall have public utilities and facilities such as sewer, gas,
              electrical and water systems located and constructed to minimize flood damage.

     (3)      All subdivision proposals shall have adequate drainage provided to reduce exposure to
              flood damage.

     (4)      Base flood elevation data shall be provided for subdivision proposals and other
              proposed development which contain at least fifty (50) lots or five (5) acres
              (whichever is less).

E.   Enclosure openings. For all new construction and substantial improvements, fully enclosed
     areas below the lowest floor that are usable solely for parking of vehicles, building access or
     storage in an area other than a basement and which are subject to flooding shall be designed to
     automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and

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        exit of floodwaters. Designs for meeting this requirement must either be certified by a
        registered professional engineer or architect or must meet or exceed the following minimum
        criteria:

        (1)     A minimum of two (2) openings having a total net area of not less than one (1) square
                inch for every square foot of enclosed area subject to flooding shall be provided.

        (2)     The bottom of all openings shall be no higher than one (1) foot above grade.

        (3)     Openings may be equipped with screens, louvers or other covering or devices,
                provided that they permit the automatic entry and exit of floodwaters.

§ 130-17. Specific standards.

     In all areas of special flood hazard where base flood elevation data have been provided as set forth
     in § 130-7, Basis for establishing areas of special flood hazard, or in § 130-14B, Use of other base
     flood and floodway data, the following standards are required:

A.      Residential construction.

        (1)     New construction and substantial improvement of any residential structure shall have
                the lowest floor, including basement, elevated to or above base flood elevation.

        (2)     New construction and substantial improvement of any residential structure within any
                AO zone on the municipality's FIRM shall have the lowest floor, including basement,
                elevated above the highest adjacent grade at least as high as the depth number
                specified in feet (at least two feet if no depth number is specified). And, require
                adequate drainage paths around structures on slopes to guide floodwaters around and
                away from proposed structures.

B.     Nonresidential construction. New construction and substantial improvement of any
commercial, industrial or other nonresidential structure shall either have the lowest floor, including
basement, elevated one (1) foot above the base flood elevation or together with the attendant utilities
and sanitary facilities, shall:

        (1)     Be floodproofed one (1) foot above the base flood elevation so that below this level
                the structure is watertight with walls substantially impermeable to the passage of
                water;

        (2)     Have structural components capable of resisting hydrostatic and hydrodynamic loads
                and effects of buoyancy; and

        (3)     Be certified by a registered professional engineer or architect that the design and
                methods of construction are in accordance with accepted standards of practice for
                meeting the applicable provisions of this subsection. Such certification shall be
                provided to the official as set forth in § 130-14C(2).


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        (4)     New construction and substantial improvement of any commercial, industrial or other
                nonresidential structure within any AO zone on the municipality's FIRM shall have the
                lowest floor, including basement, elevated above the highest adjacent grade at least as
                high as the depth number specified in feet (at least two feet if no depth number is
                specified). And, require adequate drainage paths around structures on slopes to guide
                floodwaters around and away from proposed structures.

C.      Manufactured homes.

        (1)     Manufactured homes shall be anchored in accordance with § 130-16A(2).

        (2)     All manufactured homes to be placed or substantially improved within an area of
                special flood hazard shall be elevated on a permanent foundation such that the top of
                the lowest floor is at or above the base flood elevation.

§ 130-18. Floodways.

     Located within areas of special flood hazard established in § 130-7 are areas designated as
     floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters
     which carry debris, potential projectiles and erosion potential, the following provisions apply:

A.      Encroachments, including fill, new construction, substantial improvements and other
        development, shall be prohibited unless a technical evaluation demonstrates that
        encroachment shall not result in any increase in flood levels during the occurrence of the base
        flood discharge.

B.      If § 130-18A is satisfied, all new construction and substantial improvements shall meet the
        flood hazard reduction provisions of §§ 130-16 through 130-18.

C.      In all areas of special flood hazard in which base flood elevation data has been provided and
        no floodway has been designated, the cumulative effect of any proposed development, when
        combined with all other existing and anticipated development, shall not increase the water
        surface elevation of the base flood more than two-tenths (0.2) of a foot at any point.

        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.) Dunigan and Mayor McCarthy voting "aye". (Ms.) Spychala absent.
        Councilman Hamilton submitted the following ordinance on first reading:
        AN ORDINANCE TO AMEND THE TOWNSHIP OF BLOOMFIELD’S
        ORDINANCE ADOPTING TITLES FOR EMPLOYEES AND FIXING
        SALARY RANGES (Sr. Public Safety Tele-communicator, Public Safety
        Tele-communicator Trainee)




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         WHEREAS, the Township of Bloomfield has entered into a Collective Bargaining
 Agreement with the Communications Operators Association covering the period January 1, 2006
 through December 31, 2009; and
         WHEREAS, the Collective Bargaining Agreement sets forth the terms and conditions of
 employment including salaries of employees in the Communication Operators Association; and
         WHEREAS, the Director of Finance has indicated that there are sufficient funds within the
 Township of Bloomfield budget to cover the costs of salaries and benefits contained within the
 Collective Bargaining Agreement; and
         WHEREAS, the Director of Finance has reviewed the hourly rates set forth below for the
 titles listed and certifies that they are accurate.
         WHEREAS, it is necessary to amend the Township of Bloomfield salary ordinance to reflect
 the salaries contained within the Collective Bargaining Agreement.
         BE IT ORDAINED, by the Mayor and Council of the Township of Bloomfield, New Jersey
 that the Township of Bloomfield ordinance adopting titles for employees and fixing salary ranges is
 herby amended and supplemented so that the same shall read as follows:
                                                           Salary Range           Salary Range
                                                            Per Hour                Per Hour
                                                             Effective              Effective
                   Position Title                        January 1, 2006        January 1, 2007
                  Communications
Sr. Public Safety Telecommunicator                           $21.12 – 23.76       $21.96 – 24.71
(Formerly Sr. Communicator Operator)
Public Safety Telecommunicator                               $13.78 – 22.40       $14.33 – 23.30
(Formerly Communication Operator)
Public Safety Telecommunicator Trainee                       $13.78 – 22.40       $14.33 – 23.30

                                                              Salary Range         Salary Range
                                                                Per Hour             Per Hour
                                                                Effective            Effective
                                                             January 1, 2008        July 1, 2008
Sr. Public Safety Telecommunicator                           $22.40 – 25.20        $22.96 -25.83
(Formerly Sr. Communicator Operator)
Public Safety Telecommunicator                               $14.62 – 23.77        $14.99 - 24.36
(Formerly Communication Operator)
Public Safety Telecommunicator Trainee                       $14.62 – 23.77        $14.99 - 24.36

                                                              Salary Range         Salary Range
                                                                Per Hour            Per Hour
                                                                Effective            Effective
                                                             January 1, 2009       July 1, 2009

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                                                                        Bloomfield, New Jersey 07003
                                                                                      April 16, 2007

Sr. Public Safety Telecommunicator                         $23.42 – 26.35        $24.01 – 27.01
(Formerly Sr. Communicator Operator)
Public Safety Telecommunicator                             $15.29 – 24.85        $15.67 – 25.47
(Formerly Communication Operator)
Public Safety Telecommunicator Trainee                     $15.29 – 24.85        $15.67 – 25.47


        SECTION 1. In all other respects all of the provisions of the aforesaid ordinance are hereby
 ratified and confirmed
        SECTION 2. All ordinances inconsistent herewith are hereby repealed.
        SECTION 3. This ordinance shall take effect according to law.
        On motion of Councilman Hamilton 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.) Dunigan and Mayor McCarthy voting "aye". (Ms.) Spychala absent.
        The Municipal Clerk read the following ordinance by title:
        AN ORDINANCE TO AMEND CHAPTER 254, VEHICLES
        AND TRAFFIC, §254-64, PARAGRAPH B. (Change in Meters in
        Royal Theatre Lot)

        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.) Dunigan and
 Mayor McCarthy voting "aye". (Ms.) Spychala absent.
        The Municipal Clerk read the following ordinance by title:
        AN ORDINANCE OF THE TOWNSHIP OF BLOOMFIELD
        ESTABLISHING FEES AND PROCEDURES FOR REIMBURSEMENT
        OF MAYOR’S EXPENSES IN CONNECTION WITH WEDDING AND
        CIVIL UNION CEREMONIES

        Mayor McCarthy asked if there were any objections to the ordinance just read by the
 Municipal Clerk.
        Councilwoman Maly moved the ordinance just read by the Municipal Clerk be adopted on
 final reading, which motion was seconded by Councilman Tamborini. Roll call vote showed the
 following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Mr.) Hamilton, (Ms.) Dunigan and
 Mayor McCarthy voting "aye". (Ms.) Spychala absent.

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                                                                      Bloomfield, New Jersey 07003
                                                                                    April 16, 2007

       The Municipal Clerk read the following ordinance by title:
       BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL
       IMPROVEMENTS OF THE TOWNSHIP OF BLOOMFIELD, IN THE
       COUNTY OF ESSEX, NEW JERSEY, APPROPRIATING THE
       AGGREGATE AMOUNT OF $4,411,340 THEREFORE AND
       AUTHORIZING THE ISSUANCE OF $3,255,711 BONDS OR NOTES
       OF THE TOWNSHIP TO FINANCE PART OF THE COST
       THEREOF.

       Mayor McCarthy asked if there were any objections to the ordinance just read by the
Municipal Clerk.
       Councilman Tamborini moved the ordinance just read by the Municipal Clerk be adopted on
final reading, which motion was seconded by Councilwoman Ritchings. Roll call vote showed the
following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Mr.) Hamilton, (Ms.) Dunigan and Mayor
McCarthy voting "aye". (Ms.) Spychala absent.
       The Municipal Clerk read the following ordinance by title:
       BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL
       IMPROVEMENTS TO THE WATER UTILITY OF THE TOWNSHIP
       OF BLOOMFIELD, IN THE COUNTY OF ESSEX, NEW JERSEY,
       APPROPRIATING THE AGGREGATE AMOUNT OF $139,000
       THEREFORE AND AUTHORIZING THE ISSUANCE OF $139,000
       BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF
       THE COST THEREOF.

       Mayor McCarthy asked if there were any objections to the ordinance just read by the
Municipal Clerk.
       Councilman Hamilton moved the ordinance just read by the Municipal Clerk be adopted on
final reading, which motion was seconded by Councilwoman Dunigan. Roll call vote showed the
following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Mr.) Hamilton, (Ms.) Dunigan and
Mayor McCarthy voting "aye". (Ms.) Spychala absent.
       Councilwoman Dunigan moved and Councilwoman Maly seconded the adoption of the
following resolution:
2007 RESOLUTION OF THE TOWNSHIP OF BLOOMFIELD, IN THE COUNTY
OF ESSEX NEW JERSEY MAKING APPLICATION TO THE LOCAL FINANCE
BOARD PURSUANT TO N.J.S.A. 40A:2-26(e)

       WHEREAS, the Township of Bloomfield, in the County of Essex, New Jersey (the
“Township”) desires to make application to the Local Finance Board for its approval of a non-


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conforming maturity schedule in connection with a general obligation bond sale pursuant to the
provisions of N.J.S.A. 40A:2-26(e).
           WHEREAS, the Township believes that:
           (a)    it is in the public interest to accomplish such purpose;
           (b)      said purpose or improvements are for the health, welfare, convenience or betterment
           of the inhabitants of the local unit or units;

           (c)     the amounts to be expended for said purpose or improvements are not unreasonable or
           exorbitant;

           (d)     the proposal is an efficient and feasible means of providing services for the needs of
           the inhabitants of the local unit or units and will not create an undue financial burden to be
           placed upon the local unit or units;

           NOW THEREFORE, BE IT RESOLVED BY, Mayor and Council of the Township of
Bloomfield as follows:
           Section 1. The application to the Local Finance Board is hereby approved, and the
Township’s Bond Counsel and financial advisor, along with other representatives of the Township,
are hereby authorized to prepare such application and to represent the Township in matters pertaining
thereto.
           Section 2. The Clerk of the Township is hereby directed to prepare and file a copy of the
proposed resolution with the Local Finance Board as part of such application.
           Section 3. The Local Finance Board is hereby respectfully requested to consider such
application and to record its findings, recommendations and/or approvals as provided by the
applicable New Jersey Statute.
           Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Mr.)
Hamilton, (Ms.) Dunigan and Mayor McCarthy voting "aye". (Ms.) Spychala abent.
           Councilwoman Maly moved and Councilman Tamborini seconded the adoption of the
following resolution:
   2007 RESOLUTION TOWNSHIP OF BLOOMFIELD TO READ BUDGET BY TITLE

           WHEREAS, N.J.S.A. 40A:4-8 as amended provides that the Budget shall be read in full at
the public hearing, or that it may be read by its title only if:
            1. At least one week prior to the date of the hearing a complete copy of the approved Budget:




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

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

       NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of
Bloomfield that is hereby declared that the conditions of N.J.S.A. 40A:4-8, as amended set forth in
subsections 1(a) and 1 (b) have been met and therefore the Budget for 2007 shall be read by title only.
       Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Mr.)
Hamilton, (Ms.) Dunigan and Mayor McCarthy voting "aye". (Ms.) Spychala abent.
       Councilman Tamborini moved and Councilwoman Ritchings seconded the adoption of the
following resolution:
                        2007 BUDGET INTRODUCTION RESOLUTION

       WHEREAS, the Mayor and Council of the Township of Bloomfield, County of Essex
desires to approve a local municipal budget for the Fiscal Year 2007.
       BE IT RESOLVED, that the following statement of revenues and appropriations shall
constitute the Municipal Budget for the year 2007.
       BE IT FURTHER RESOLVED, that said budget be published in the Independent Press in
the issue of May 3, 2007.
       Mayor and Council of the Township of Bloomfield does hereby approve the following as the
Budget for the year 2007.
                        AYES:           NAYS:           ABSTAINED:

                    Maly
RECORDED            Tamborini
       VOTE         Ritchings
                    Hamilton
                    Dunigan                             ABSENT:
                    Mayor McCarthy                      Spychala




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                                                                         Bloomfield, New Jersey 07003
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        A Hearing on the Budget and Tax Resolution will be held at the Oakeside Bloomfield Cultural
Center, 240 Belleville Avenue on May 21, 2007 at 7:30 o’clock P.M. at which time and place
objection to said Budget and Tax Resolution for the year 2007 may be presented by taxpayers or other
interested persons.
General Appropriation for:
Municipal Appropriations within “CAPS”                         $45,127,484.00

Municipal Appropriations
Excluded from “CAPS”                                           $ 10,423,098.20

Reserve for Uncollected Taxes                                  $ 3,300,000.00
TOTAL GENERAL APPROPRIATIONS                                   $ 58,850,582.20

Less: Anticipated Revenues Other Than
Current Property Taxes                                         $18,642,674.70

Amount to be Raised by Taxes for Support
of Municipal Budget                                            $40,207,907.50


        Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Mr.)
Hamilton, (Ms.) Dunigan and Mayor McCarthy voting "aye". (Ms.) Spychala abent.
        Councilwoman Ritchings moved and Councilman Hamilton seconded the adoption of the
following resolution:
  2007 RESOLUTION AUTHORIZING THE AWARD OF A PROFESSIONAL SERVICE
    CONTRACT PURSUANT TO THE FAIR AND OPEN PROCESS FOR APPRAISAL
                              SERVICES

        WHEREAS, the Township of Bloomfield has a need to acquire Appraisal Services and has
advertised a request for this professional service on the Township of Bloomfield’s website as part of
the Fair and Open Process pursuant to the provisions of N.J.S.A. 19:44A-20.5; and
        WHEREAS, it has been determined that the value of the service may exceed $17,500; and
        WHEREAS, the anticipated term of this contract is approximately one (1) year and will end
on April 16, 2008; and
        WHEREAS, Michael Holenstein, (hereinafter “Professional”) 222 High Street, Suite 202,
Newton, NJ 07860, has submitted a proposal indicating he will provide the service for the amount of
$110.00 per hour; and
        WHEREAS, the Assessor, Joseph J. Pisauro has reviewed the proposal submitted by the
professional and recommends that the Mayor and Township Council approves entering into an
agreement with the professional based upon his response; and


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                                                                        Bloomfield, New Jersey 07003
                                                                                      April 16, 2007

       WHEREAS, the Request for Professional Services and the response submitted by the
Professional meets the requirements of N.J.S.A. 40A:11-1 et. seq. “Local Public Contracts Law.”
       NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the Township of
Bloomfield authorizes and directs the Township Administrator to enter in a contract/retainer
agreement beginning April 17, 2007 and ending on April 16, 2008 with the Professional within 10
days as described herein; and
       BE IT FURTHER RESOLVED that this contract/retainer agreement is entered into in
accordance with the Standardized Submission Requirement for Professional Services and no
minimum payment is implied or guaranteed; and
       BE IT FURTHER RESOLVED that all of terms contained in the Standardized Requirement
for Professional Services are incorporated into the Professional’s contract/retainer unless specifically
excluded; and
       BE IT FURTHER RESOLVED that the Professional’s response to the request for
Professional Services shall be placed on file with this resolution/and a copy of the contract/retainer
agreement entered into; and
       BE IT FURTHER RESOLVED, that the contract should incorporate the terms and
conditions contained in Professionals response to the request for Professional Services.
       Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Mr.)
Hamilton, (Ms.) Dunigan and Mayor McCarthy voting "aye". (Ms.) Spychala abent.
       Councilman Hamilton moved and Councilwoman Dunigan seconded the adoption of the
following resolution:
RESOLUTION AUTHORIZING PMK GROUP, 65 JACKSON AVENUE, CRANFORD,
NEW JERSEY TO REPAIR VARIOUS EQUIPMENT ASSOCIATED WITH LEAK
DETECTION AND REPORTING FOR THE UNDERGROUND STORAGE TANK (UST)
FACILITIES AT THE BLOOMFIELD CIVIC CENTER AND MUNICIPAL BUILDING

       WHEREAS, the PMK Group, 65 Jackson Avenue, Cranford, New Jersey has been retained
by the Township of Bloomfield to inspect and evaluate the underground storage tanks (UST’s) at the
Bloomfield Civic Center and Municipal Building for compliance with New Jersey Department of
Environmental Protection (NJDEP) regulations; and
       WHEREAS, through their investigation, detection wiring was found to be damaged and
inoperable at the Civic Center and the data output printer at the Municipal Building required
replacement; and


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       WHEREAS, repair and replacement of this equipment is necessary in order for the UST’s to
be in compliance with NJDEP regulations for their continued use; and
       WHEREAS, the PMK Group has provided a proposal an amount not to exceed $5,050.00
which has been reviewed by the Township Engineer and recommended for approval by the Mayor and
Council.
       NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Township of
Bloomfield that PMK Group, 65 Jackson Avenue, Cranford, New Jersey be awarded a contract to
repair the UST equipment at the Bloomfield Civic Center and Municipal Building at a cost not to
exceed $5,050.00
       Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Mr.)
Hamilton, (Ms.) Dunigan and Mayor McCarthy voting "aye". (Ms.) Spychala abent.
       Councilwoman Dunigan moved and Councilwoman Maly seconded the adoption of the
following resolution:
RESOLUTION AUTHORIZING THE AWARD OF A PROFESSIONAL SERVICE
CONTRACT PURSUANT TO THE FAIR AND OPEN PROCESS FOR A
WORKERS’ COMPENSATION ATTORNEY

       WHEREAS, the Township of Bloomfield has a need to acquire a Workers’ Compensation
Attorney and has advertised a request for this professional service on the Township of Bloomfield’s
website as part of the fair and open process pursuant to the provisions of N.J.S.A. 19:44A-20.5; and
       WHEREAS, it has been determined that the value of the service may exceed $17,500; and
       WHEREAS, the anticipated term of this contract is approximately one (1) year and will end
on April 16, 2008; and
       WHEREAS, Louis M. Masucci, Jr. of Weiner Lesniak LLP, 629 Parsippany Road,
Parsippany, New Jersey 07054-0438 (hereinafter “Professional”) has submitted a proposal to provide
the service for the amount of $125.00 per hour; and
       WHEREAS, the Request for Professional Services and the response submitted by the
Professional meets the requirements of N.J.S.A. 40A:11-1 et. seq. “Local Public Contracts Law.”
       NOW THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Township of
Bloomfield authorizes and directs the Township Administrator to enter in a contract/retainer
agreement with the Professional within 10 days as described herein; and
       BE IT FURTHER RESOLVED, that this contract/retainer agreement is entered into in
accordance with the Standardized Submission Requirement for Professional Services and no
minimum payment is implied or guaranteed; and
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                                                                         Bloomfield, New Jersey 07003
                                                                                       April 16, 2007

        BE IT FURTHER RESOLVED, that the contract should incorporate the terms and
conditions contained in Professionals response to the request for Professional Services; and
        BE IT FURTHER RESOLVED, that the Professional’s response to the request for
Professional Services shall be placed on file with this resolution/and a copy of the contract/retainer
agreement entered into.
        Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Mr.)
Hamilton, (Ms.) Dunigan and Mayor McCarthy voting "aye". (Ms.) Spychala abent.
        Councilwoman Maly moved and Councilman Tamborini seconded the adoption of the
following resolution:
                              2007 RESOLUTION - AGREEMENT
        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 the attached agreement between the
Township of Bloomfield, in the County of Essex, New Jersey, and the Communications
Operators Association for the period January 1, 2006 through December 31, 2009
        Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Mr.)
Hamilton, (Ms.) Dunigan and Mayor McCarthy voting "aye". (Ms.) Spychala abent.
        Councilman Tamborini moved and Councilwoman Ritchings seconded the adoption of the
following resolution:
RESOLUTION AUTHORIZING THE AWARD OF A PROFESSIONAL SERVICE
CONTRACT PURSUANT TO THE FAIR AND OPEN PROCESS FOR ENGINEERING
DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES 2006 CDBG/CAPITAL
ROADWAY IMPROVEMENTS (CONTRACT 2)

        WHEREAS, the Township of Bloomfield has a need to acquire a Engineering Consulting and
has advertised a request for this professional service on the Township of Bloomfield’s website as part
of the fair and open process pursuant to the provisions of N.J.S.A. 19:44A-20.5; and
        WHEREAS, it has been determined that the value of the service may exceed $17,500: and
        WHEREAS, the anticipated term of this contract is approximately one (1) year and will end
on April 16, 2008; and
       WHEREAS, the Township Engineer, Paul Lasek, has reviewed the proposal submitted by the
professional and recommends that the Mayor and Council approves entering into an agreement with
the professional based upon his response; and




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                                                                         Bloomfield, New Jersey 07003
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        WHEREAS PMK Group, 65 Jackson Drive, Cranford, New Jersey 07016 (hereinafter
Professional”) has submitted a proposal indicating they will provide the service for the amount of
$40,000.00; and
        WHEREAS, the Request for Professional Services and the response submitted by the
Professional meets the requirements of N.J.S.A. 40A:11-1 et. seq. “Local Public Contracts Law.”
        NOW THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Township of
Bloomfield authorizes and directs the Mayor to enter in a contract/retainer agreement with the
Professional within 10 days as described herein; and
        BE IT FURTHER RESOLVED, that this contract/retainer agreement is entered into in
accordance with the Standardized Submission Requirement for Professional Services and no
minimum payment is implied or guaranteed; and
        BE IT FURTHER RESOLVED, that all of terms contained in the Standardized
Requirement for Professional Services are incorporated into the Professional’s contract/retainer unless
specifically excluded; and
        BE IT FURTHER RESOLVED, that the Professional’s response to the request for
Professional Services shall be placed on file with this resolution/and a copy of the contract/retainer
agreement entered into; and
        BE IT FURTHER RESOLVED, that the contract should incorporate the terms and
conditions contained in Professionals response to the request for Professional Services.
        Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Mr.)
Hamilton, (Ms.) Dunigan and Mayor McCarthy voting "aye". (Ms.) Spychala abent.
        Councilman Hamilton moved and Councilwoman Dunigan seconded the adoption of the
following resolution:
                     2007 RESOLUTION – RECYCLING COORDINATOR
        WHEREAS, there exists a need to employ a Recycling Coordinator for the Township of
Bloomfield; and
        WHEREAS, the Recycling Committee has recommended that Gerald MacIntyre, Director of
Public Works, be made responsible to perform this service and be provided a $15,000 stipend for this
extra work; and
        WHEREAS, Gerald MacIntyre has indicated that he is willing to act as the Recycling
Coordinator for the Township of Bloomfield; and


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                                                                       Bloomfield, New Jersey 07003
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        WHEREAS, the Director of Finance has indicated that there are sufficient funds within the
Township of Bloomfield budget to cover the costs of said stipend.
        NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township
of Bloomfield that said Gerald MacIntyre is hereby appointed Recycling Coordinator effective
April 17, 2007 through December 31, 2008 at a stipend of $15,000 to his annual salary.
        Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Mr.)
Hamilton, (Ms.) Dunigan and Mayor McCarthy voting "aye". (Ms.) Spychala abent.
        Councilwoman Ritchings moved and Councilman Hamilton seconded the adoption of the
following resolution:
       2007 RESOLUTION AMEND STATE OF NEW JERSEY DEPARTMENT OF
     ENVIRONMENTAL PROTECTION GREEN ACRES ENABLING RESOLUTION

        WHEREAS, the New Jersey Department of Environmental Protection, Green Acres Program
(“State”) provides loans and/or to municipal and county governments and county governments and
grants to nonprofit organizations for assistance in the acquisition and development of lands for
outdoor recreation and conservation purposes; and
        WHEREAS, the Township of Bloomfield desires to further the public interest by obtaining a
loan of $2,137,500 and a grant of $800,000.00 from the State to fund the following project(s): The
Township of Bloomfield will acquire approximately 5.72 acres of land located between the Third
River and Spring Brook. Portions of the property contain freshwater wetlands and are located in the
flood zone. Acquisition of the parcel forms a link of the Bloomfield Greenway, designated in the
Township’s Master Plan.
        NOW, THEREFORE, the governing body resolves that Raymond J. McCarthy or the
successor to the office of Mayor is hereby authorize to:
      (a)     make application for such a loan and/or such a grant

      (b)     provide additional application information and furnish such documents as may be
              required

      (c)     act as the authorized correspondent of the above named applicant, and

        WHEREAS, the State shall determine if the application is complete and in conformance with
the scope and intent of the Green Acres Program, and notify the applicant of the amount of the
funding award; and



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                                                                          Bloomfield, New Jersey 07003
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        WHEREAS, the applicant is willing to use the State’s funds in accordance with such rules,
regulations and applicable statutes, and is willing to enter into an agreement with the State for the
above named project:
        NOW, THEREFORE BE IT RESOLVED BY THE Mayor and Township Council.
        1.      That the Mayor of the above body is hereby authorized to execute an agreement and
                any amendment thereto with the State known as Bloomfield Township Acquisition;
                and

        2.      That the applicant has it matching share of the project if a match is required, in the
                amount of $2,137,500.00.

        3.      That, in the event the State’s fund are less than the total project costs specified
                above, the applicant has the balance of funding necessary to complete the
                project;                                                                       and

        4.      The applicant agrees to comply with all applicable federal state, and local laws, rules
                and regulations in its performance of the project.

         5.     That this resolution shall take effect immediately.

        Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Mr.)
Hamilton, (Ms.) Dunigan and Mayor McCarthy voting "aye". (Ms.) Spychala abent.
        Councilwoman Dunigan moved that the following be awarded a license for 2007:
RAFFLE LICENSE
St. Thomas the Apostle H&S Assoc.        (On-Premise 50/50- 1 Date)
50 Byrd Avenue
Bloomfield, NJ 07003

LANDSCAPER’S LICENSES
Lenny Pignatello                         (Renewal- 1 Vehicle)
6 Bruce Road
Upper Montclair, NJ 07043
Julius Farruggia                         (Renewal- 5 Vehicles)
SJMF Landscaping
137 Hawthorne Avenue
Nutley, NJ 07110
Ray Minneci                              (Renewal- 2 Vehicles)
Ray Minneci Landscape, LLC
135 Sylvan Road
Bloomfield, NJ 07003


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                                                          Bloomfield, New Jersey 07003
                                                                        April 16, 2007

LANDSCAPER’S LICENSES (Continued)
Anthony DeVito                   (Renewal- 2 Vehicles)
173 Rutherford Place
North Arlington, NJ 07031-600
Greenland Landscape Co., Inc.    (Renewal- 12 Vehicles)
396 Forest Avenue
Paramus, NJ 07652
Jim Siclari                      (Renewal- 2 Vehicles)
ACE’s Landscaping
22 Darling Avenue
Bloomfield, NJ 07003
Edward Abplanalp                 (Renewal- 4 Vehicles)
Property Services Landscaping
239 Watchung Avenue
Bloomfield, NJ 07003
Joseph Lombardi                  (Renewal- 2 Vehicles)
J. Lombardi Landscaping
634 Mt. Hope Avenue
Wharton, NJ 07885
John Vicchiariello               (Renewal- 3 Vehicles)
Jack Vicchiariello Landscaping
109 William Street
Nutley, NJ 07110
Steven Virgin                    (Renewal- 3 Vehicles)
Virgin Landscaping
312 Bloomfield Avenue
Nutley, NJ 07110
Anthony Meola                    (Renewal- 1 Vehicle)
308 Walnut Street
Nutley, NJ 07110
Eric Hamberlin                   (Renewal- 4 Vehicles)
Sunrise Landscaping
5 Audrey Place
Fairfield, NJ 07004
Liberato Iannitelli              (Renewal- 2 Vehicles)
38 Jannarone Street
Belleville, NJ 07109
Victor Conti                     (Renewal- 2 Vehicles)
Elite Lawn Maintenance
51 Leslie Drive
West Milford, NJ 07480


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                                                                       Bloomfield, New Jersey 07003
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LIMOUSINE OPERATOR’S LICENSES
Gerald Albanese, Jr.                    (Renewal)
111 Rhoda Avenue
Nutley, NJ 07110
Robert Armenti                     (Renewal)
107 No. Spring Street
Bloomfield, NJ 07003
which motion was seconded by Councilwoman Maly and carried.
        At this time, Mayor McCarthy stated that on behalf of the Mayor and Council and the
residents of Bloomfield we wish Governor Jon Corzine a speedy recovery, and for him to know that
he is in our prayers for a full and quick recovery, thank you.
        Councilwoman Maly moved for adjournment, which motion was seconded by Councilman
Tamborini and carried. The meeting adjourned at 8:02 PM.




                                                         ______________________________
                                                         Louise M. Palagano
                                                         Municipal Clerk




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