Bloomfield, New Jersey 07003 February 4, 2008 Third Regular Meeting of the Township Council. The meeting commenced at 7:30 PM. Mayor McCarthy opened the meeting with the following brief statement. "Notice of time, date, location and agenda of this meeting, to the extent then known was provided at least forty eight (48) hours prior to the commencement of this meeting in the following manner pursuant to the provisions of Chapter 231 of the Law of l975 (The Open Public Meetings Act). 1. 2. By posting such notice on the bulletin board in the Municipal Building, and By mailing such notice to the offices of the Independent Press, Bloomfield Life and the Star Ledger.
At this time, Mayor McCarthy led the audience in the Pledge of Allegiance. Roll call showed Councilmembers present: Janice Maly, Ray Tamborini, Patricia Ritchings, Patricia Barker, Patricia Spychala, Bernard Hamilton and Mayor Raymond J. McCarthy. In attendance at the commencement of the meeting were the following: Louise M. Palagano, Municipal Clerk/Township Administrator, Paul Lasek, Township Engineer and Brian Aloia, Township Attorney. Ms. Palagano stated that she is recommending the Mayor and Council to consider accepting the Resignation of Leesa Hagen, Crossing Guard. Councilman Tamborini moved to accept Township Administrator’s recommendation, which was seconded by Councilwoman Ritchings and carried. Councilwoman Maly moved the Appointment of Mary Todaro as Alternate on the Municipal Youth Guidance Council expiring December 31, 2010, which was seconded by Councilman Tamborini and carried. At this time, Mayor McCarthy called Mary Todaro up to the podium to be sworn-in by Councilwoman Maly. Councilwoman Ritchings moved the Appointment of Linda Ballan to the OakesideBloomfield Cultural Center expiring December 31, 2010, which was seconded by Councilwoman Barker and carried. Ms. Palagano stated that one written communication was received. She stated that it is a letter dated January 25, 2008, and it is from Kris Kolluri, Commissioner of the State of New Jersey, Department of Transportation. She stated that the letter is in response to Governor Corzine’s commitment to improving pedestrian safety in New Jersey and announces the New Jersey Department of Transportation’s (NJDOT) federal-aid Safe Routes to School Program. Ms. Palagano stated that
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Bloomfield, New Jersey 07003 February 4, 2008 the letter continues to inform the Mayor and Council that applications are available on-line and are due by noon on April 18, 2008, thank you. At this time, Mayor McCarthy opened the oral portion of the meeting to the public. Kelly Harris, Jr., 34 Dodd Street, stated that he is here this evening to discuss parking because he owns a business in Bloomfield and he has been receiving a lot of tickets. He stated that he discussed the matter with his ward councilperson, to which she was helpful and Chief Sisco came out to review the situation. He stated that the problem is that he continues to receive tickets. He stated that before he contacted his ward councilperson, he had been to court where he explained to Judge Connolly that his business consists of upholstering furniture, and he brings furniture in and out of the business on a consistent basis. He said that Judge Connolly told him that he would allow twenty minute parking near his business, and dismissed the ticket. Mr. Harris stated that he then received another ticket and when he went before Judge Connolly again, the Judge said that he dismissed the ticket the last time, and was not going to dismiss the matter. He stated that he then explained to Judge Connolly that he was not leaving the business, and that arrangements need to be made regarding the parking situation. He then stated that he asked his Councilperson months ago if he could get a “Loading Zone” sign, and this is why he is here tonight. He stated that he is trying to avoid these tickets because he is not going anywhere, and the Parking Authority keeps issuing tickets to him. At this time, Councilwoman Ritchings stated that she did speak with the Parking Authority regarding putting a “Loading Zone” sign, but unfortunately, they surveyed the businesses along that street and the Parking Authority felt that placing a “Loading Zone” sign where the yellow curb is was dangerous because of “sight” issues. She stated that they were willing to take out one, or two of the parking spaces along that street, but unfortunately, the businesses did not agree with this because they want the parking. She stated that the Parking Authority did say that they would give Mr. Harris some leeway, knowing that he was loading, and not give Mr. Harris a ticket right away, due to his business. She then asked Mr. Harris when he received the most recent ticket. Mr. Harris said that it was a few months ago and he is due to go to court on February 7, 2008. At this time, Mayor McCarthy asked Mr. Harris again when he received the last ticket. Mr. Harris replied that he has had the ticket for approximately two months because he has been postponing the court date, so he would say that he has not received a ticket in six weeks. At this time, Councilwoman Ritchings stated that it has been at least a couple of months since she has spoken with the Parking Authority.
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Bloomfield, New Jersey 07003 February 4, 2008 Mr. Harris stated that he ended up having to pay the last two tickets, and now he has this ticket that needs to be paid. Councilwoman Ritchings stated that Mr. Harris might have to pay the tickets that have already been issued, but it seems like the Parking Authority has not been issuing any tickets recently. She also said that the Parking Authority did say that they were going to try to accommodate Mr. Harris knowing that he was loading, or unloading. She stated that she will also email the Parking Authority reminding them of the situation and make sure their enforcement agents are aware of Mr. Harris’s loading issues. Mayor McCarthy also informed Mr. Harris that he is the Liaison to the Parking Authority and he will also speak to them. Mr, Harris then asked if he should pay the last ticket he received. Councilwoman Ritchings said, yes. Gary Iacobacci, 252 Franklin Street, stated that he is here this evening regarding the licenses that are on the agenda this evening, specifically, the Hawkers’ and Peddler’s license. He stated that back in August, 2007, the Board of Health changed the Township Code to reflect that mobile vendors would be able to sell unpackaged goods from their vehicles. He stated that a few weeks ago a hot dog truck appeared on Broad Street, near Temple Ner Tamid, and the golf course, and he had the Township Code right in front of him and the Hawkers’ and Peddler’s Code specifically 194-9 that states that the “license required for Transient Merchants and Itinerant Vendors”. He then stated that it also states in 194-13 of the Township Code it explains that you need a license to operate a mobile food vehicle, and he is all for entrepreneurship, but that gentleman has had his truck parked there for approximately two weeks with no license. He stated that his license is on tonight’s agenda for approval. He stated that to take it one step further, in the Town Code 194-19, it discusses loitering and states “all persons to whom licenses may be issued under the provisions of this article and all persons selling or peddling any wares including food or merchandise shall not loiter or linger in any place in the Township”. He stated that he will once again say that he is not against someone trying to make a dollar, but this hot dog truck has been parked in the same place for a couple of weeks now. He stated that from what he understands a lot of people have applied for this license because they saw this hog dog truck parked on Broad Street, so now everyone is realizing that hot dog trucks are allowed in Bloomfield. He stated that he implores the Mayor and Council to defer this license for tonight and place this matter on a Conference Meeting Agenda for discussion to try and regulate this license through the Township Code. He then stated that he does not understand how this vendor was
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Bloomfield, New Jersey 07003 February 4, 2008 allowed to stay parked on Broad Street selling hot dogs with no license for the past two weeks, thank you. At this time, Ms. Palagano stated that Councilwoman Spychala brought this matter to her attention this afternoon. She stated that she did put a call out to Police Chief Sisco and she spoke to the owner’s wife, and she has decided to place this matter on the next Conference Agenda because she read the ordinance to this gentleman’s wife, and it does state in the ordinance that Hawkers’ and Peddler’s must move around town, they are not to be parked in one spot for days at a time, so former Councilman Iacobacci is correct. She stated that we really need to resolve this matter and secondly, we have received an influx of interested parties who have come in to fill out applications. She stated that some of these parties are interested in purchasing trucks and want to know the requirements. She stated that she even spoke to two people later this afternoon and she informed them that the trucks need to move from one spot to another, a truck cannot be parked continuously in one spot. She stated that persons replied that is not the way hot dog trucks operate, they are usually parked in one spot all day long, and she replied that is not what is stated in our Town Ordinance. Ms. Palagano stated that this is when she realized that the ordinance needs better clarification because a lot of money is invested on these trucks, and the owners need to know the requirements. She stated that she did send the hot dog truck owner’s wife a copy of the ordinance. At this time, Mayor McCarthy asked Township Attorney Brian Aloia if this matter could be removed from tonight’s agenda. Mr. Aloia stated that since there is only one hot dog vendor, maybe we could amend the current ordinance so it is more clarified. Ms. Palagano stated that she would like to recommend removing the license from tonight’s agenda because in reality the truck has been in violation of the ordinance that the Township of Bloomfield has in existence. She stated that the license was also never approved by the Mayor and Council, so the hot dog truck should have never been parked out there already. Dr. Susana Sotillo, 24 Parkway West, stated that she would just like to bring a problem at the Stop & Shop grocery store, on Franklin Street, to the Mayor and Council’s attention. She stated that it is becoming impossible to do any kind of business in this shopping center. She stated that the first thing she would like to discuss is that fact that cars are always parked in the fire lane in front of the store for over a half an hour at a time, cars speed through the parking lot and she was almost got hit twice, shopping carts are left on residential streets in the neighborhood, and it is very dirty, which does not give the Town a good image.
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Bloomfield, New Jersey 07003 February 4, 2008
Mayor McCarthy stated that he will have Ms. Palagano contact the Fire Chief Intile tomorrow regarding vehicles being parked in the Fire Lane. He then stated that he will also have Ms. Palagano contact the management company at the Stop & Shop regarding the appearance of the building and the lot. Ms. Palagano stated that she has spoken to the management regarding the carts being taken off the property, and it did stop for a short time, but she will contact them again. Councilwoman Barker moved to close the Oral Portion of the meeting, which was seconded by Councilwoman Spychala and carried. 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 (73 Llewelyn Avenue) 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: (341) Llewellyn Avenue, north side, starting at a point 929 feet west of the westerly curb line of Glenwood Avenue and running 20 feet west 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. On motion of Councilwoman Spychala seconded by Councilman Hamilton same was passed on first reading: Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Ms.) Barker, (Ms.) Spychala, (Mr.) Hamilton and Mayor McCarthy voting "aye". The Municipal Clerk read the following ordinance by title: AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 185 OF THE BLOOMFIELD TOWNSHIP CODE, PROVIDING PARKING FOR PHYSICALLY LIMITED PERSONS (26 LaFrance Avenue) Mayor McCarthy asked if there were any objections to the ordinance just read by the Municipal Clerk.
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Bloomfield, New Jersey 07003 February 4, 2008
Councilman Hamilton moved the ordinance just read by the Municipal Clerk be adopted on final reading, which motion was seconded by Councilwoman Maly: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Ms.) Barker, (Ms.) Spychala, (Mr.) Hamilton and Mayor McCarthy voting "aye". The Municipal Clerk read the following ordinance by title: AN ORDINANCE TO AMEND CHAPTER 254, VEHICLES AND TRAFFIC, ARTICLE VI, SCHEDULES, § 254-54 SCHEDULE XIV: PARKING PROHIBITED AT ALL TIMES. (Lois Place) 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, (Ms.) Barker, (Ms.) Spychala, (Mr.) Hamilton 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 (58 Locust Avenue) 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, (Ms.) Barker, (Ms.) Spychala, (Mr.) Hamilton and Mayor McCarthy voting "aye". The Municipal Clerk read the following ordinance by title: AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 206, OF THE BLOOMFIELD TOWNSHIP CODE, ENTITLED RECYCLING 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 Maly: Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Ms.) Barker, (Ms.) Spychala, (Mr.) Hamilton and Mayor McCarthy voting "aye". 70
Bloomfield, New Jersey 07003 February 4, 2008
The Municipal Clerk read the following ordinance by title: AN ORDINANCE OF THE TOWNSHIP OF BLOOMFIELD, COUNTY OF ESSEX AND STATE OF NEW JERSEY TO ADD CHAPTER 204 ENTITLED PUBLIC RECORDS ACCESS TO THE CODE OF THE TOWNSHIP OF BLOOMFIELD PERTAINING TO FEES FOR COPIES OF PUBLIC RECORDS 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 Councilwoman Barker: Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Ms.) Barker, (Ms.) Spychala, (Mr.) Hamilton and Mayor McCarthy voting "aye". The Municipal Clerk read the following ordinance by title: AN ORDINANCE TO AMEND TOWNSHIP OF BLOOMFIELD’S ORDINANCE ADOPTING TITLES FOR EMPLOYEES AND FIXING SALARY RANGES (Assistant Prosecutor (PT)) Mayor McCarthy asked if there were any objections to the ordinance just read by the Municipal Clerk. Councilwoman Barker moved the ordinance just read by the Municipal Clerk be adopted on final reading, which motion was seconded by Councilwoman Spychala: Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Ms.) Barker, (Ms.) Spychala, (Mr.) Hamilton and Mayor McCarthy voting "aye". The Municipal Clerk read the following ordinance by title: AN ORDINANCE AUTHORIZING AND DIRECTING THAT TITLE AND POSSESSION OF CERTAIN REAL PROPERTY SITUATED IN TAX BLOCK 63, LOT 78 OWNED BY BANKS BROS CORP LOCATED WITHIN THE TOWNSHIP OF BLOOMFIELD, COUNTY OF ESSEX AND STATE OF NEW JERSEY BE ACQUIRED BY EMINENT DOMAIN OR PURCHASE OR GIFT Mayor McCarthy asked if there were any objections to the ordinance just read by the Municipal Clerk. At this time, Township Attorney Bran Aloia commented that just so the Council is aware, on the second page of the ordinance, it indicates a blank space for how large the land is, and this has been filled in the original ordinance as approximately 3.12 acres. 71
Bloomfield, New Jersey 07003 February 4, 2008
Councilwoman Ritchings moved the ordinance just read by the Municipal Clerk be adopted on final reading, which motion was seconded by Councilwoman Barker: Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Ms.) Barker, (Ms.) Spychala, (Mr.) Hamilton and Mayor McCarthy voting "aye". The Municipal Clerk read the following ordinance by title: AN ORDINANCE AUTHORIZING AND DIRECTING THAT TITLE AND POSSESSION OF CERTAIN REAL PROPERTY SITUATED IN TAX BLOCK 792, LOTS 130, 131, AND 132, OWNED BY TILTER REALTY LOCATED WITHIN THE TOWNSHIP OF BLOOMFIELD, COUNTY OF ESSEX AND STATE OF NEW JERSEY BE ACQUIRED BY EMINENT DOMAIN OR PURCHASE OR GIFT Mayor McCarthy asked if there were any objections to the ordinance just read by the Municipal Clerk. At this time, John DeSimone, 106 Old Denville Road, Newton, New Jersey, stated that as some of you may know, I am the contract purchaser of the property, and without saying too much at this particular time, under the conditions that prevail, just so that it is brought up as part of the Public Record, because this application has gone on for quite a few years, out of the five plus acres of the property, that he is using only approximately 2 plus acres, and the other three acres we are not using, so perhaps it would be more cost efficient for the Town if we would just donate the three acres they are not using to be used however the Town wants. He stated that he would just like to put this on the record. Mayor McCarthy said thank you very much. Councilwoman Spychala moved the ordinance just read by the Municipal Clerk be adopted on final reading, which motion was seconded by Councilwoman Maly: Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Ms.) Barker, (Ms.) Spychala, (Mr.) Hamilton and Mayor McCarthy voting "aye". At this time, Mayor McCarthy stated that Resolution 9(1) Police Commendation Police Officer Louis Vitiello and Sergeant Gary Peters Councilman Tamborini moved and Councilwoman Ritchings seconded the adoption of the following resolution: 2008 – RESOLUTION
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Bloomfield, New Jersey 07003 February 4, 2008 WHEREAS, the Township of Bloomfield seeks to cancel one project and reprogram the funds to eligible CDBG activities.
1) Cancel (account # B-19-04-546-028) dedicated to (Water Main) Relining program year 2004. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Bloomfield, County of Essex, State of New Jersey that: 1. An amendment to the Program Year 2004 Action Plan submission of the Consolidated Plan is hereby approved to authorize the reprogramming of $250,000.00 in accordance with the attached “REPROGRAMMING OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS.” 2. The Mayor of the Township of Bloomfield, as Certifying Officer is hereby authorized as follows: (a) Should any comment received during the required public comment period concerning the amendment so warrant, to request the Township Council of the Township of Bloomfield, County of Essex, State of New Jersey to revise the proposed amendment; and (b) To file the amendment to the 2004 Action Plan submission with the U.S. Department of Housing and Urban Development; and (c) To execute an agreement in accordance with the application filed in the Community Development Office to reprogram these funds to be utilized on Fire Pumper. (d) To serve as the authorized representative of the Township of Bloomfield in connection with the revision and to provide such additional information as may be required. Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Ms.) Barker, (Ms.) Spychala, (Mr.) Hamilton and Mayor McCarthy voting "aye". Councilwoman Barker moved and Councilwoman Spychala seconded the adoption of the following resolution: 2008 RESOLUTION AUTHORIZING TRANSFERS BETWEEN BUDGET APPROPRIATIONS WHEREAS, under NJSA 40A:4-58 transfers are permitted between budget Appropriation during the first three months of the previous fiscal year,
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Bloomfield, New Jersey 07003 February 4, 2008 BE IT RESOLVED by the Mayor and Township Council for the Township of Bloomfield in the County of Essex, New Jersey, that transfers between 2007 Budget Appropriation Reserves be made as follows:
TOWNSHIP OF BLOOMFIELD
BUDGET TRANSFER # 3
ACCOUNT NO. 7-01-20-715-028 7-01-22-726-014 7-01-20-707-028 7-01-20-710-027 7-01-26-765-058 7-01-26-767-025 7-01-26-776-050 TITLE Twp Eng. Consultant & Prof. Services Housing Inspections - Overtime Info. Sys. – Police compt. Maint & Supp. Dept. of Assessments – Legal Services Road Repairs & Maint. – Other Equipment & Supplies Serv. Blding – Maint. of Motor Vehicles Care of Shade Tree & Grds – Work Equipment FROM 19,470.00 6,000.00 6,000.00 6,620.00 500.00 24,000.00 350.00 TO
31,470.00
31,470.00
Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Ms.) Barker, (Ms.) Spychala, (Mr.) Hamilton and Mayor McCarthy voting "aye". Councilman Hamilton moved and Councilwoman Maly seconded the adoption of the following resolution: 2008 RESOLUTION AUTHORIZING THE AWARD OF A PROFESSIONAL SERVICE CONTRACT PURSUANT TO THE FAIR AND OPEN PROCESS FOR A BUILDING SECURITY CONSULTANT WHEREAS, the Township Of Bloomfield needs to hire a consultant to evaluate, design and administer a contract for the installation of building security improvements and equipment for the Municipal Building and Law Enforcement Building 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 certified by the Township Engineer that the value of this service may exceed $17,500; and WHEREAS, Security Design Group, LLC, (hereinafter “Professional”) 20 Nina Place, Randolph, New Jersey 07869, has submitted a proposal to provide the services for the amount of $32,500; and 74
Bloomfield, New Jersey 07003 February 4, 2008 WHEREAS, the Director of Finance has certified that funding is available within Capital Account Number C-04-55-989-947; and WHEREAS, the Request for Professional Services and the response submitted by 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 Engineer 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 Requirements for Professional Services and no minimum payment is implied or guaranteed; and BE IT FURTHER RESOLVED that all terms contained in the Standardized Requirements 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 the Professional’s response to the request for Professional Services. Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Ms.) Barker, (Ms.) Spychala, (Mr.) Hamilton and Mayor McCarthy voting "aye". Councilwoman Spychala moved and Councilman Hamilton seconded the adoption of the following resolution: 2008 RESOLUTION – APPOINTMENT, DEPUTY MUNICIPAL CLERK WHEREAS, the Township of Bloomfield needs to appointment a Deputy Municipal Clerk in the Clerk’s Office to perform all of the duties and responsibilities set forth in the Charter of the Township of Bloomfield, its by-laws, ordinances and laws of the State of New Jersey; and WHEREAS, the former Deputy Municipal Clerk has retired; and WHEREAS, the Township advertised for the position requesting applications from people interested in holding the position of Deputy Municipal Clerk; and WHEREAS, Bonita L. Triola has applied for the position; and
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Bloomfield, New Jersey 07003 February 4, 2008 WHEREAS, Bonita L. Triola understands and agrees that she must pass the required classes and receive the necessary certification for the position of the Registered Deputy Municipal Clerk within a three (3) year period of time; and WHEREAS, the Municipal Clerk recommends that Bonita L. Triola be appointed to the position of Deputy Municipal Clerk; and WHEREAS, the Director of Finance has certified that funds are available. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Bloomfield, County of Essex, State of New Jersey that Bonita L. Triola be and is hereby appointed Deputy Municipal Clerk effective February 4, 2008 at Step 3 in the salary ordinance of the Township of Bloomfield subject to a contract being executed between the Township of Bloomfield and Bonita Triola. Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Ms.) Barker, (Ms.) Spychala, (Mr.) Hamilton and Mayor McCarthy voting "aye". Councilwoman Maly moved and Councilman Tamborini seconded the adoption of the following resolution: 2008 AUTHORIZING RESOLUTION FOR THE EXECUTION OF AN APPLICATION FOR A NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION MODIFICATION TO AN EXISTING PUBLIC WATER SYSTEM – 110 WASHINGTON STREET, BLOCK 220, LOTS 26, 27, 30 & 35 WHEREAS, the Planning Board of the Township of Bloomfield approved a Major Site Plan and amendments thereafter to said site plan on May 22, 2007; and WHEREAS, a condition of the approval was that the applicant, 110 Washington Street Associates, A General Partnership, 80 Main Street, West Orange, New Jersey 07052 obtain any other required approvals, one being a New Jersey Department of Environmental Protection approval to modify an existing public water system for the new residential development; and WHEREAS, the application for a modification of a public water system requires execution of a Simplified Water Main Certification by the governing body in which the project is located which is the Township of Bloomfield; and WHEREAS, the plans and application materials were reviewed and approved by the Township Engineer and the Township’s Water Operator, Anthony Marucci, P.E. and were found to be acceptable for construction. NOW BE IT RESOLVED, by the Mayor and Council, Township of Bloomfield, County of Essex, State of New Jersey that the Township Water Operator, Anthony Marucci, P.E. of the 76
Bloomfield, New Jersey 07003 February 4, 2008 Township of Bloomfield is hereby authorized to execute the Simplified Water Main Certification and any other required documents for submission of a modification of an existing public water system for the Construction of a residential development known as 110 Washington Street. Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Ms.) Barker, (Ms.) Spychala, (Mr.) Hamilton and Mayor McCarthy voting "aye". Councilman Tamborini moved and Councilwoman Ritchings seconded the adoption of the following resolution: 2008 RESOLUTION – LEAVE OF ABSENCE WHEREAS, written application has been filed by Employee # 01843, for a leave of absence with pay, for personal reasons; and WHEREAS, Employee # 01843 has exhausted all his earned sick leave with the Township of Bloomfield; and WHEREAS, Dennis A. Tobia, the Township Physician, has certified that Employee # 01843 is unfit to return to work. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of Bloomfield, County of Essex, State of New Jersey, that Employee # 01843 is hereby granted a leave of absence with pay, from his position for a period of ninety (90) days effective January 28, 2008, provided, however, that the leave is conditioned upon the following: 1. During said leave of absence, Employee # 01843 will not accrue sick leave, vacation leave, personal leave, holiday time coming, holiday pay and uniform allowance, in accordance with the terms and conditions of the Collective Bargaining Agreement that controls the employees employment. 2. During said leave of absence, employee shall continue to be covered for pension, health benefits, dental plan and prescription drug plan and life insurance in accordance with the terms and conditions of the agreement identified in paragraph 1 above. 3. During said leave of absence, if employee engages in any other gainful employment, his paid leave with the Township shall be automatically terminated. 4. Employee must submit to be examined by the Township Physician, Dennis A. Tobia, prior to his return to duty, who must certify to the Mayor and Council the employee’s fitness to return to work. Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Ms.) Barker, (Ms.) Spychala, (Mr.) Hamilton and Mayor McCarthy voting "aye".
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Bloomfield, New Jersey 07003 February 4, 2008 At this time, Councilwoman Ritchings stated that she would like to ask for Council courtesy and have this item deferred to the next Conference Meeting, due to her being absent the night this matter was discussed at the previous Conference Meeting. She stated that she would like to clarify things like when exactly this tax attorney would be used, in what type of cases, and she would like to discuss the rate that is quoted in the resolution. Mayor McCarthy stated that he is reluctant to do that only because we did have a 5-0 vote on that, but to be honest, being that you have been out, I will grant you the Council courtesy. Councilwoman Ritchings thanked Mayor McCarthy, and told him she appreciates it. Mayor McCarthy then stated that the matter will be deferred to the February 11, 2008 Conference Meeting. Councilwoman Barker moved and Councilwoman Spychala seconded the adoption of the following resolution: RESOLUTION AUTHORIZING THE AWARD OF A PROFESSIONAL SERVICE CONTRACT PURSUANT TO THE FAIR AND OPEN PROCESS FOR TAX ATTORNEY WHEREAS, the Township of Bloomfield requires the services of a Tax Attorney and has advertised the need 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, the Assessor has certified that the value of the service may exceed $17,500: and WHEREAS, the term of this contract is one (1) year and will end on December 31, 2008; and WHEREAS, McCarter and English LLP (hereinafter “Professional”) has submitted a proposal offering to provide the service for the amount of $135.00 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 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 78
Bloomfield, New Jersey 07003 February 4, 2008 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, (Ms.) Barker, (Ms.) Spychala, (Mr.) Hamilton and Mayor McCarthy voting "aye". Councilman Hamilton 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 ACCOUNTING SERVICES WHEREAS, the Township of Bloomfield has a need for an Accounting Consultant 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, the Director of Finance has been determined that the value of the service may exceed $17,500: and WHEREAS, the term of this contract is one (1) year and will end on December 31, 2008; and WHEREAS, Robert Bachstadt (hereinafter “Professional”) has submitted a proposal indicating he will provide the necessary service for $100.00 per hour at a cost not to exceed $45,000.00; 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 Director of Finance 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
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Bloomfield, New Jersey 07003 February 4, 2008 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, (Ms.) Barker, (Ms.) Spychala, (Mr.) Hamilton and Mayor McCarthy voting "aye". Councilwoman Maly moved and Councilman Tamborini seconded the adoption of the following resolution: 2008 RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT FOR PROFESSIONAL ENVIRONMENTAL ENGINEERING SERVICES FOR PELIMINARY SOIL TESTING AT THE FUTURE LOCATION OF A SKATE PARK AT LOWER MEMORIAL PARK WHEREAS, the New Jersey Department of Environmental Protection Green Acres Program recommends the testing the soil at the skate park project at the Lower Memorial Park; and WHEREAS, the Township Engineer has certified that the cost of the soil testing should not exceed $17,500; and WHEREAS, in accordance with N.J.S.A 19:44A-20.5 et. seq. a professional service contract under $17,500.00 is not subject to the Pay-to-Play regulations; and WHEREAS, the Township Engineering Department did solicit a proposal from PMK Group, 65 Jackson Drive, Cranford, New Jersey for preliminary soil testing at Lower Memorial Park; and WHEREAS, the Township Engineer has reviewed PMK Group’s proposal and recommends that the Mayor and Council allow PMK Group to perform the work at a cost not to exceed $10,900.00; and WHEREAS, the Director of Finance certifies that funding is available to perform the work under capital account number C-04-55-989-947. NOW, THEREFORE BE IT RESOLVED, that in accordance with the recommendation of the Township Engineer, the Mayor and Council of the Township of Bloomfield, County of Essex, State of New Jersey hereby directs the Township Engineer to enter into a professional service contract in the amount not to exceed $10,900.00 with PMK Group, 65 Jackson Drive, Cranford, New Jersey 07016, to perform the work described herein. Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Ms.) Barker, (Ms.) Spychala, (Mr.) Hamilton and Mayor McCarthy voting "aye". 80
Bloomfield, New Jersey 07003 February 4, 2008 Councilman Tamborini moved that the following be awarded a license for 2008: RAFFLE LICENSES Franklin Home & School Assoc. 85 Curtis Street Bloomfield, NJ 07003 Franklin Home & School Assoc. 85 Curtis Street Bloomfield, NJ 07003 (On-Premise Merchandise- 1 Date)
(On-Premise 50/50- 1 Date)
RAFFLE LICENSES (Continued) Unico National Belleville Chapter P.O. Box 532 Belleville, NJ 07109 DANCE HALL LICENSE Mi Pueblo Bar & Restaurant 24 Broad Street Bloomfield, NJ 07003 (2008- Renewal) (Off-Premise 50/50- 1 Date)
TAXICAB OPERATOR’S LICENSES Panagiotis Efelis 15 Crescent Avenue Totowa, NJ 07512 Aaron Alexander Henriguez 35 Glenridge Avenue Montclair, NJ 07042 Dennis Madeo 174 New Street Belleville, NJ 07109 Joseph Tuminaro 65Lakewood Terrace Bloomfield, NJ 07003 TAXICAB OWNER’S LICENSE. Bloomfield Taxi Company 570 Glenwood Avenue Bloomfield, NJ 07003 (Renewal- 15 Vehicles) (Renewal)
(New)
(Renewal)
(Renewal)
which motion was seconded by Councilwoman Ritchings and carried. Paul Lasek, Township Engineer, stated that on behalf of the Engineering Department, he is requesting to advertise Ad Authorizations for Solid Waste Contract, Toney’s Brook Retaining Wall Repairs, Summit Avenue/GSP Reconstruction and Glenwood & Maolis Intersection Improvements. 81
Bloomfield, New Jersey 07003 February 4, 2008 Councilman Tamborini moved the request that the Municipal Clerk be authorized to advertise for Solid Waste Contract, Toney’s Brook Retaining Wall Repairs, Summit Avenue/GSP Reconstruction and Glenwood & Maolis Intersection Improvements, which was seconded by Councilwoman Ritchings. Roll call vote showed the following: (Ms.) Maly, (Mr.) Tamborini, (Ms.) Ritchings, (Ms.) Barker, (Ms.) Spychala, (Mr.) Hamilton and Mayor McCarthy voting "aye".
At this time, Mayor McCarthy stated that County Representative Ben Amos is present this evening, and would like to say a few words. At this time, County Representative Ben Amos said that he does not have any communications or reports from the County of Essex to respond to this evening, thank you. Councilwoman Barker moved for adjournment, which motion was seconded by Councilwoman Spychala and carried. The meeting adjourned at 8:10 PM.
______________________________ Louise M. Palagano Municipal Clerk
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