BOROUGH OF CALDWELL NEW JERSEYcaldwell-nj.com/.../460/Council_Business_9-15-2015_(web).pdfBOROUGH OF CALDWELL NEW JERSEY COUNCIL BUSINESS MEETING September 15, 2015 Caldwell Council

BOROUGHOFCALDWELLNEWJERSEY

COUNCILBUSINESS MEETINGSeptember 15,2015

CaldwellCouncil Chambers1ProvostSquare

Caldwell,NewJersey070067:00pm

Council Chambers

1 Provost Square Caldwell, NJ September 15, 2015 / 7:00PM

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MAYOR Ann Dassing

BOROUGH COUNCIL

Thomas O’Donnell - President Richard Hauser Edward Durkin

Pasquale Capozzoli Kristian Brown John Cascarano

Borough of Caldwell Council Business Meeting

AGENDA

Phone: (973) 226-6100 Website: www.caldwell-nj.com

CALLTOORDER HonorableAnnDassing,MayoroftheBoroughofCaldwellPresidingRollCallStatementofCompliancew/OpenPublicMeetingsActPledgeofAllegiancetotheFlagAPPROVALOFMINUTESAugust18,2015INTRODUCTIONOFTHEESSEXCOUNTYLIAISON

WelcometoPatriciaKeenanasthenewEssexCountyLiaisontotheBoroughofCaldwellPRESENTATION

1. DonRichardson–PresidentEWMA/discussionofproposedremediationoftheCaldwellPoliceShootingRangePUBLICHEARINGANDADOPTIONOFORDINANCESORDINANCE#1311‐15: ANORDINANCEAMENDINGCHAPTER230–ARTICLEVOFTHECODEOFTHEBOROUGHOF

CALDWELL,TRAFFICREGULATIONSORDINANCE#1312‐15: ANORDINANCETOAMENDTHEBOROUGHCODE, CHAPTER 230, TRAFFICANDVEHICLES,

SECTION230‐62SCHEDULEVIIIOFTHEBOROUGHCODEENTITLED,“STOPINTERSECTIONS”OPENPUBLICCOMMENTSONRESOLUTIONS

Membersofthepublicareinvitedtocommentatthistimeonanyresolution.RESOLUTIONS‐CONSENTAGENDA

AllitemslistedontheConsentAgendaareconsideredtoberoutineandwillbeacteduponbyasinglemotion.TherewillbenoseparatediscussionoftheseitemsunlessmembersoftheCouncilrequestspecificitemstoberemovedforseparateaction.

9‐172 AUTHORIZINGTHEAPPOINTMENTOFTHERESACECELIASCOTTASACROSSINGGUARDINTHEBOROUGHOFCALDWELLEFFECTIVEIMMEDIATELYATANNUALRATEOF$5,200.00

9‐173 RESOLUTIONAUTHORIZINGAREFUNDOFOVERPAYMENTOF2014TAXESFORBLOCK23LOT6,28PARKAVENUE,CALDWELL,NJ.

9‐174AUTHORIZINGACREDITRE:VETERANDEDUCTIONFOR2015TAXESFORBLOCK33LOT16,59CENTRALAVENUE,CALDWELL,NJ07006

Council Chambers


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MAYOR Ann Dassing

BOROUGH COUNCIL




AGENDA


9‐175RESOLUTIONAUTHORIZINGAREFUNDOFOVERPAYMENTOF2015TAXESFORBLOCK47LOT14,20CEDARSROAD,CALDWELL,NJ.

9‐176RESOLUTIONAUTHORIZINGACREDITRE:COUNTYTAXAPPEALFORBLOCK68,LOT2.04,91BROOKSIDEAVENUE,CALDWELL,NJ07006.

9‐177AUTHORIZINGTHEISSUINGOFASPECIALLIQUORPERMIT.APPLICANTANDAPPLICATIONHASBEENAPPROVEDBYTHEPOLICEDEPARTMENTANDTHECLERK'SOFFICE–CONGREGATIONAGUDATHISRAELOFWESTESSEX

9‐178 RESOLUTIONAUTHORIZINGCHANGEFUNDS

9‐179 RESOLUTIONREQUESTINGPERMISSIONFORTHEDEDICATIONBYRIDERFORRECREATIONALPURPOSES

9‐180AUTHORIZINGPAYMENTOFBILLSANDTHEISSUANCEOFCHECKSFORTHEPERIODTHROUGHSEPTEMBER15,2015FOR2015BILLSINTHETOTALAMOUNTOF$2,947,199.23

9‐181RESOLUTIONREAPPOINTINGFRANCINET.PASERCHIAASTHEBOROUGHCLERKOFTHEBOROUGHOFCALDWELLATANANNUALSTIPENDOF$5,000EFFECTIVEJULY1,2015

9‐182AUTHORIZINGTHEBOROUGHADMINISTRATORTOADVERTISEANDRECEIVEBIDSFORTHEUPPERBROOKSIDEAVENUEROADIMPROVEMENTPROJECT

9‐183AUTHORIZINGTHEAPPOINTMENTOFGEORGEF.LIBRIZZI,105STEPHANIEDRIVE,NORTHCALDWELL,NEWJERSEY07006TOTHEPOSITIONOFTAXASSESSORFORTHETERMENDINGJUNE30,2019INACCORDANCEWITHN.J.S.A.40A:9‐148WITHANANNUALSALARYOF$35,000EFFECTIVESEPTEMBER1,2015

COUNCILCOMMITTEEREPORTS BoroughCouncilMembers

1. CouncilmanBrown2. CouncilmanHauser

NEWBUSINESS 1. OutdoorClassroomREPORTOFMAYOR MayorDassingREPORTOFBOROUGHADMINISTRATOR PaulM.Carelli

Council Chambers


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MAYOR Ann Dassing

BOROUGH COUNCIL




AGENDA


REPORTOFBOROUGHATTORNEY GregMasceraREPORTOFPOLICECHIEF ChiefJamesBongiornoREPORTOFCOUNTYLIAISON PatriciaKeenanOPENPUBLICMEETING

Membersofthepublicareinvitedtocommentatthistimeonanyissues,whetherornotontheagenda

EXECUTIVESESSION ClosedSession

BEITHEREBYRESOLVEDinaccordancewiththeprovisionsofN.J.S.A.10:12and13,thepublicshallbeexcludedfromtheExecutiveSession of theGoverningBodywhich is being held for the discussion of the following subjectmatters: 1.Pending or anticipatedlitigationorcontractnegotiation;2.Personnelmatters;3.ThisExecutiveSessionshallcontinueforanindefiniteperiodoftimeandupon termination of the Executive Session, the Governing Body may choose to resume the public portion of the meeting. Thediscussion,whichshallbeconductedinclosedsession,shallbediscloseduponterminationoflitigationorcontractualmatter,uponresolutionofthepersonnelmatterwithconsentofsaidpersonorpersonsandasprovidedbyN.J.S.A.4‐12butinnocaselaterthantwo(2)yearsfromthisdate.Theseminutesshallbeavailableassoonasthematterisresolvedornotlaterthantwoyearshence.

ADJOURNMENT Additional itemsmaybeaddedtothisagenda. Finalactionmaybetakenonallmatters listedoraddedtothisagenda.Thisagendawaspreparedasof08/14/2015withallavailable informationasofthisdate.ThisagendahasbeensenttofourofficialnewspapersoftheBoroughon08/14/2015incompliancewithP.L.1975,c213LisaO’Neill,DeputyClerk.

BOROUGH OF CALDWELL COUNCIL BUSINESS/CONFERENCE MEETING

MINUTES – August 18, 2015

Page 1 of 4 The council Business meeting of the Borough Council of the Borough of Caldwell was called to order in the Council Chambers at 7:01PM. PRESENT: Mayor Dassing, Council President O’Donnell, Councilman Hauser, Durkin

Capozzoli and Cascarano ALSO PRESENT: Deputy Clerk, Lisa O’Neill, Borough Administrator, Paul Carelli, and Borough

Attorney, Greg Mascera ABSENT: Councilman Brown Adequate notice of this Council Business/Conference meeting was given on January 1, 2015. Notice was posted on the bulletin board on the first floor of the Borough Hall, One Provost Square, Caldwell, New Jersey. Official newspapers of the Borough were notified of this meeting by mail. Notice was posted and all persons requesting notice were sent same. PLEDGE OF ALLIGENCE APPROVAL OF MINUTES: August 4, 2015 Moved by Councilman Cascarano, seconded by Councilman Capozzoli. No Discussion. On roll call, Council President O’Donnell, Councilman Capozzoli, and Cascarano voted in the affirmative. Councilman Hauser and Durkin abstained. Minutes approved 08/18/15. INTRODUCTION OF ORDINANCES

ORDINANCE #1312-15: AN ORDINANCE TO AMEND THE BOROUGH CODE, CHAPTER 230, TRAFFIC AND VEHICLES, SECTION 230-62 SCHEDULE VIII OF THE BOROUGH CODE ENTITLED, “STOP INTERSECTIONS”. Moved by Council President O’Donnell, seconded by Councilman Capozzoli. Discussions Ensued. On roll call, Council President O’Donnell, Councilman Capozzoli and Cascarano, voted in the affirmative. Councilman Hauser and Durkin voted in the negative. Ordinance Introduced 08/18/15. PUBLIC HEARING AND ADOPTION OF ORDINACE: Councilman Hauser discussed the ordinance and his concerns with the dollar amount that is charged when there is an emergency situation. His concerns are that homeowners will need to pay. Greg Mascera responded that if it is a private entity then that will not be passed to the tax payers. If it is a company hired by the Municipality because of let’s say a water main break then ultimately it is passed to the tax payer. Discussions ensued. ORDINANCE# 1310‐15: AN ORDINANCE AMENDING CHAPTER 207 OF THE CODE OF THE

BOROUGH OF CALDWELL, BEING THE SECTION TITLED “STREETS AND SIDEWALKS”

Moved by Councilman Cascarano, seconded by Council President O’Donnell. Discussions Ensued. On roll call, all present voted in the negative. Ordinance was not adopted. OPEN PUBLIC COMMENTS ON RESOLUTIONS: Moved by Councilman Cascarano, seconded by Councilman Capozzoli. RESOLUTIONS – CONSENT AGENDA Councilman Hauser asked if we received notice from the County that we were approved for the grant money for the Bus and Paul responded that he did not receive anything in writing but he did speak with Anthony LaDato that works with the Community Development the grant has been awarded but they are waiting for the Federal Government to release the funds. Once the funds are released we can get the specs ready and purchase the bus. 8-167: AUTHORIZING THE ISSUING OF A SPECIAL LIQUOR PERMIT. APPLICANT AND APPLICATION HAS BEEN APPROVED BY THE POLICE DEPARTMENT AND THE CLERK'S OFFICE – CALDWELL UNIVERSITY



Page 2 of 4 8-168: AUTHORIZING PAYMENT OF BILLS AND THE ISSUANCE OF CHECKS FOR THE PERIOD THROUGH AUGUST 18, 2015 FOR 2015 BILLS IN THE TOTAL AMOUNT OF $6,527,790.448 8-169: AUTHORIZING THE ISSUANCE OF RENEWAL LIQUOR LICENSES FOR THE PERIOD JULY 1, 2015 THROUGH JUNE 30, 2016. APPLICATION AND APPLICANT HAVE BEEN APPROVED BY APPROPRIATE MUNICIPAL DEPARTMENT 8-170: RESOLUTION SUPPORTING THE DRIVE SOBER OR GET PULLED OVER 2015 STATEWIDE CRACKDOWN

8-171: RESOLUTION AUTHORIZING THE EXECUTION OF A TWO YEAR INTER-LOCAL AGREEMENT WITH THE TOWNSHIP OF WEST CALDWELL AND THE BOROUGH OF ROSELAND FOR THE SENIOR TRANSPORATION PROGRAM FOR 2015 - 2016

CONSENT Moved by Councilman Cascarano, seconded by Councilman Hauser. Discussions Ensued. On roll call, all present voted in the affirmative. Resolutions approved 08/18/15.

COUNCIL COMMITTEE REPORT: Councilman Hauser reported that in regards to recreation he had a meeting with Caldwell side and he asked Paul Carelli if he met with the Engineer in regards to the Oval and Paul responded not they were both on vacation. Councilman Hauser intended to schedule a meeting with West Caldwell. In regards to the Open Space Committee the members would like to speak to the Governing Body to not use the open space money to pay a portion of the debt and he explained that he disagreed and they asked him to bring it up. There are a number of pieces of property that were purchased and the committee would like something done with them. One suggestion was to engage the boy scouts to do an eagle project at these properties. One suggestion was the Elm Street property making that a path way a stair way potentially a fence. The property of Personette was a bridge from parking lot to property and the flag pole on the green cement work and things that need repair. Council President O’Donnell reported that he has been speaking with residents and they are shocked about the increase that they received from the School Board. He asked Paul to provide a chart that the net change to the levy that the Borough of Caldwell received was 10.4% and the change to West Caldwell was 4%. He will be asking the Borough’s CFO to do an analysis of the tax increases from the School Board for the past five years.

REPORT OF MAYOR: Mayor Dassing reported that she attended an end of summer pizza at the Community Center to celebrate the children who participated in the Caldwell Library summer reading program. She thanked Claudine Pascale and Jessica Stauffer for their wonderful work on the program. The theme was your favorite hero and some of the children came dressed in costume. The third concert on the Green is on August 28th. The featured music which is compliments of the Caldwell Modern Music Academy will be a local singer noted for his Sinatra renditions beginning at 7PM. The Family Restaurant will be there selling food and Gelotti’s Ice Cream and Calandra’s cannolis. The Mayor asked Lisa to distribute information to the Council about creating an outdoor classroom at the Elm Road Property and she would like the Council to look at that in the next couple of weeks because she would like to talk about this at the September Council meeting. There was a very positive response to the shuttle idea that would take our residents down to the Bay Street train station in Montclair. The Mayor thanked Bob and Sandra Bogart who are local realtors who conducted a survey for us. Basically without going into all the specifics we found that 88% or over 130 people in favor of the shuttle service. The Mayor asked where we are with the traffic light at Bloomfield Avenue and Gould Avenue and Paul responded that the next step is to send that report to the County. Councilman Hauser responded that he reached out to Jim Jorgensen and he thanked him for all his work. He would like to either do a proclamation or send a letter to help him with his job search. REPORT OF BOROUGH ADMINISTRATOR Paul Carelli reported on the following:

• Employee evaluation self-appraisal forms were returned on Friday. • Handbooks were distributed and the acknowledgment forms have been returned. • Employee evaluation was returned and now he will meet with Councilman Cascarano to prepare

for final reviews. Paul asked the Governing Body for assistance in regards to the acknowledgement of the handbook, apparently there is some resistance from several people who do not want to sign it. Greg Mascera



Page 3 of 4 responded that non contractual employees are employees at will and the contractual employees we would need to check an agreement. The purpose of the acknowledgement is to protect the Borough to make sure that the employees are aware of the policies that are set forth in the handbook. Rather than force someone to sign it note that the handbook was delivered to a certain employee on a certain date.

• Tax Assessor has retired as of August 31, 2015. • He received a copy of an agreement for the EVS field which will be discussed in Executive

Session. • The Borough of Roseland and our sewer fees will be in Executive Session.

Paul reported that in 2010 there was a protocol for billing municipalities for the use of Caldwell sewer treatment plant. There was an audit done in 1999 which established how many users in each town had and based on the users you had a percentage of this pie. Every town pays a portion of that bill. Roseland has a direct connection where they meter the flow and they established a number for the units for billing purposes and then at the end of the year based on the flow they would either pay a little extra or apply a credit and basically it has been a credit since he has been at the Borough. After the audit in 2014 by the sewer director Roseland connections went from 2600 that was used for billing up to 2985 so when recalculating the bills it created an increase in their sewer charges. All the municipalities are being billed fairly and consistently. Roseland disagrees on the methodology. Discussions Ensued. REPORT OF BOROUGH ATTORNEY: Greg Mascera reported that in regards to the five towns meeting he has met with North Caldwell and West Caldwell and they are being very cooperative. North Caldwell went as far as to have a special meeting last week so they can prepare comments for an agreement prior to the anticipated meeting today. Fairfield was available but unfortunately Roseland and Essex Fells have not been willing to attend a meeting. Roseland is not available and not cooperative. Greg prepared two different drafts of the Historic Preservation ordinance. He redrafted the existing ordinance and he tinkered with an ordinance that he had drafted for another municipality. The Council requested that in our existing proposed ordinance to take out reference to historical districts. The other ordinance he drafted provides for the creation of historic districts only with 100% approval in writing of every homeowner in the district that would be deemed Historical and if that is the case it will go in front of the Governing Body just to see if it is Historical. In both ordinances it is written that the Homeowner must give consent in order for a home to be designated as historical. Greg reported that he has spoken to counsel for the entity that wishes to purchase Marian Manor and continue the use of Marian Manor as it is being used today. In 1979 prior to the passage of what is now New Jersey Long Term Tax Exempt law there was a another law which allowed Marian Manor to operate with the payment in lieu of taxes to the Borough. The question now is that sign able and number two being it was 1979 has it expired. He has received a copy of the agreement and has not gleamed helpful information from the existing agreement. Greg will be talking to counsel for the property owner and ask them for a formal proposal of why they think it is sign able and why they think they can continue. Discussions Ensued. OPEN PUBLIC MEETING: Moved by Councilman Capozzoli, seconded by Councilman Cascarano to open meeting to the Public. Elaine LaDato, 88 Ravine Avenue, West Caldwell would like the Council to consider the 4-way stop sign on Westover and Ravine it is a serious situation. She informed the Council of a Rehab moving into the Presbyterian Church this will cause more cars in the area. Claire Sering, 92 Ravine Avenue, West Caldwell also would like the Council to consider the 4-way stop sign on Westover and Ravine. She has trouble pulling out of her driveway because of the volume and speeding of cars. Councilman Capozzoli responded that he would be hard pressed to go against the Police Chief and the company that did the survey knows more than everyone of us and he is in agreement with the Ms. Sering. Councilman Hauser asked being that they are in West Caldwell why didn’t they ask West Caldwell to put a stop sign on Annin and Ms. LaDato responded that the traffic study that was done five years ago picked Westville as the site. Councilman Hauser asked it is your belief that if a stop sign is put up on the corner of Ravine and Westover that people will not drive down Ravine to the treatment center and Ms. LaDato responded yes they don’t want to stop. Councilman Hauser responded that from experience with stop signs people usually slow down at the stop signs but as soon as they pass that they are back at the speed that they were traveling. It is not a speed deterrent it stops someone at that spot only. Discussions Ensued. Bob Kaplan, Historic Preservation he had an opportunity to look at the proposed Historic Preservation ordinance and he knows this was brought about to try and eliminate regulations for Historic Preservation districts which he feels is a mistake. He would like provisions be included to enable property owners to nominate their properties for consideration as a landmark to the Historic Preservation Commission. He suggests that landmark should be defined as a building structure, site, or object designated by the Historic Preservation Commission that is worthy of preservation because of its particular historic architectural,



Page 4 of 4 archeological or cultural significance. Making a difference between being an historic district or acquiring a 100% consent he believes that both are the same thing and he doesn’t believe a 100% is the right way. Discussions Ensued. David Cowell, 29 Brookside Avenue continued discussion about the Historic districts. Joan Buckley, 16 Hillside Avenue continued discussion about the Historic districts. On a motion made by Councilman Capozzoli and seconded by Councilman Cascarano unanimously affirmed, the Council moved into Executive Session at 8:56P.M. Mayor Dassing read the following statement: BE IT HEREBY RESOLVED in accordance with the provisions of N.J.S.A. 10:12 and 13, the public shall be excluded from the Executive Session of the Governing Body which is being held for the discussion of the following subject matters: 1. Pending or anticipated litigation or contract negotiation; 2. Personnel matters; 3. This Executive Session shall continue for an indefinite period of time and upon termination of the Executive Session, the Governing Body may choose to resume the public portion of the meeting. The discussion, which shall be conducted in closed session, shall be disclosed upon termination of litigation or contractual matter, upon resolution of the personnel matter with consent of said person or persons and as provided by N.J.S.A. 4-12 but in no case later than two (2) years from this date. These minutes shall be available as soon as the matter is resolved or not later than two years hence. The Executive Session will be discussion of sewer agreement, sewer contract and potential litigation. The Executive Session was adjourned and upon a motion by Council President O’Donnell seconded by Councilman Cascarano, the Council Business Conference Meeting was opened to the public and the press at 9:26PM After discussion September 1, 2015 Council Business Meeting was cancelled. There being no additional business to be conducted a motion to adjourn the meeting was made by Councilman Cascarano, seconded by Councilman Capozzoli unanimously affirmed by all members present, the meeting was adjourned at 9:27PM . Prepared by: ____________________ Lisa O’Neill, Deputy Borough Clerk DATE

BOROUGH OF CALDWELL NEW JERSEY

ORDINANCE# 1311-15

AN ORDINANCE AMENDING CHAPTER 230 – ARTICLE V OF THE CODE OF THE BOROUGH OF CALDWELL, TRAFFIC REGULATIONS

BE IT ORDAINED by the Council of the Borough of Caldwell as follows: That Chapter 230 of the Code of the Borough of Caldwell, New Jersey be amended as herein set forth: That S230-33, of the Code of the Borough of Caldwell, the Section titled “Handicapped parking” is hereby amended as follows:

Section A: Delete “Brookside Avenue” and replace with the following: PUBLIC ROADS Washburn Place (1) First parking space located on the westerly side of Washburn Place starting approximately 40 feet from the southerly intersection of Bloomfield Avenue Smull Avenue (1) First parking space located on the easterly side of Smull Avenue starting approximately 65 feet from the northerly intersection of Bloomfield Avenue Bloomfield Avenue (1) First parking space on the southerly side of Bloomfield Avenue starting approximately 55 feet from the westerly intersection of Central Avenue Bloomfield Avenue (1) First parking space on the southerly side of Bloomfield Avenue starting approximately 35 feet from the westerly intersection of Park Avenue Bloomfield Avenue (1) First parking space on the northerly side of Bloomfield Avenue starting approximately 35 feet from the westerly intersection of Park Avenue Brookside Avenue (2) First two parking spaces located on the easterly side of Brookside Avenue located approximately 15 feet in a southerly direction from the northern entrance to the Grover Cleveland Park. Brookside Avenue (1) First parking space located on the easterly side of Brookside Avenue located approximately 10 feet in a southerly direction from the tennis court entrance to the Grover Cleveland Park Section B: Delete: Cooks Lane 2 Firehouse Plaza 4 Hanford Plaza 3 Kaplan Plaza 5 Parsons Plaza 4 Provost Square 2 Smull Plaza 4

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Section B: Add: PARKING LOT HANDICAPPED PARKING SPACES 1. Smull Lot - Four located as follows:

One immediately to the southwest of the exit lane from the lot to Smull Avenue; One immediately to the northwest of the exit lane to Smull Avenue; Two adjacent to one another at the southwesterly end of the center strip of parking spaces with an eight feet wide access aisle between them.

2. Hanford Lot - Three located as follows:

Two adjacent to the pedestrian walkway to 395 Bloomfield Avenue with an eight feet wide access aisle between them; One located adjacent to the exit to Hanford Place at the southerly side of the exit.

3. Cooks Lot - Two located as follows:

One at the southerly row of public parking spaces in which vehicles are permitted to park head-in facing 295 Bloomfield Avenue with an eight foot wide access aisle to the right of the space. One at the southerly row of public parking spaces in which vehicles are permitted to park head-in facing 287 Bloomfield Avenue with a five foot wide access aisle to the right of the space.

4. Parsons Lot - Three located as follows: Three adjacent spaces at the northeasterly corner of the lot at the entrance ramp to 332 Bloomfield Avenue, the first space being approximately 100 feet southerly from the Bloomfield Avenue entrance to the lot with the middle space designated as van accessible.

5. Kaplan Lot - Five located as follows: Four at the northeasterly corner of the lot located adjacent to one another with a five feet wide access aisle between the first and second most northeasterly spaces and another aisle between the third and fourth of such spaces, and the farthest west of such four spaces bordering the eastern edge of the eight feet wide aisle that is directly in line with the pedestrian walkway behind 370 Bloomfield Avenue. One van accessible spot located at the western edge of the eight feet wide aisle that is directly in line with the pedestrian walkway behind 370 Bloomfield Avenue.

6. Community Center Upper - Seven located as follows:

Two adjacent van accessible spaces with an eight feet wide access aisle between them located at the easterly end of the upper-level deck and between the entrance and exit lanes from Provost Square to the deck; Two located adjacent to one another at the southeasterly corner of the deck with a five feet wide access aisle between the first and second handicap spaces; Two located adjacent to one another at the northeasterly corner of the deck with a five feet wide access aisle between them; One located at the southwesterly corner of the deck with a five feet wide access aisle at the entrance to the Caldwell Fire Department.

7. Community Center Lower - Two spaces located as follows:

One van accessible space located at the northerly end of the parking row closest and parallel to Roseland Avenue. One space located at the southwesterly corner in the last space adjacent to Roseland Avenue.

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1. All Ordinances of the Borough of Caldwell which are inconsistent with the provisions of this Ordinance

are hereby repealed to the extent of such inconsistency. 2. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be

unconstitutional or invalid, such decision shall not affect the remaining portions of this Ordinance. NOTICE OF PUBLIC HEARING ON ORDINANCE Please take Notice that the foregoing ordinance was introduced at a meeting of the Council of the Borough of Caldwell on the 4th, day of August, 2015 and passed on first reading; and the same was then ordered to be published according to law; and that such ordinance will be further considered for final passage at a meeting of the Council to be held at the Caldwell Municipal Building, 1 Provost Square, Caldwell, NJ on the 15th day of September, 2015 at seven o'clock p.m. prevailing time or as soon thereafter as the matter may be reached, at which time and place, or at any time and place to which such meeting shall from time to time be adjourned, all persons interested will be given an opportunity to be heard concerning such ordinance. BY ORDER OF THE COUNCIL Lisa O’Neill Acting Municipal Clerk

DATE OF FIRST READING: August 4, 2015 DATE OF SECOND READING: September 15, 2015

DATE OF PUBLICATION: August 13, 2015 DATE OF ADOPTION: September 15, 2015

RECORD OF COUNCIL VOTE

Councilman: ________________ presented the following resolution - Seconded by Councilman: __________________ COUNCILMAN Yes No Absent Abstain COUNCILMAN Yes No Absent Abstain

O’Donnell

Capozzoli

Hauser

Brown

Durkin

Cascarano

______________________________ ___________________________________ Lisa O’Neill, Deputy Clerk Ann Dassing, Mayor This ordinance, when adopted, must remain in the possession of the Municipal Clerk. Certified copies are available.

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ORDINANCE# 1312-15

AN ORDINANCE TO AMEND THE BOROUGH CODE, CHAPTER 230, TRAFFIC AND VEHICLES, SECTION 230-62 SCHEDULE VIII OF THE BOROUGH CODE ENTITLED, “STOP INTERSECTIONS”.

BE IT ORDAINED by the Council of the Borough of Caldwell as follows:

1. That Chapter 230, Vehicles and Traffic, Section 230-62 Schedule VIII of the Borough Code entitled, “Stop Intersections” be and is hereby amended as follows:

Modify Schedule VIII by adding the following stop intersection: Stop Sign on Intersection Ravine Avenue Westover Avenue and Ravine Avenue 2. All Ordinances of the Borough of Caldwell which are inconsistent with the provisions of this Ordinance are hereby repealed to the extent of such inconsistency. 3. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this Ordinance. 4. This Ordinance shall take effect immediately upon final passage, approval and publication as required by law. NOTICE OF PUBLIC HEARING ON ORDINANCE Please take Notice that the foregoing ordinance was introduced at a meeting of the Council of the Borough of Caldwell on the 18th, day of August, 2015 and passed on first reading; and the same was then ordered to be published according to law; and that such ordinance will be further considered for final passage at a meeting of the Council to be held at the Caldwell Municipal Building, 1 Provost Square, Caldwell, NJ on the 15th day of September, 2015 at seven o'clock p.m. prevailing time or as soon thereafter as the matter may be reached, at which time and place, or at any time and place to which such meeting shall from time to time be adjourned, all persons interested will be given an opportunity to be heard concerning such ordinance. BY ORDER OF THE COUNCIL Lisa O’Neill Deputy Clerk

DATE OF FIRST READING: August 18, 2015 DATE OF SECOND READING: September 15, 2015

DATE OF PUBLICATION: August 27, 2015 DATE OF ADOPTION: September 15, 2015


Councilman: ________________ presented the following resolution - Seconded by Councilman: __________________ COUNCILMAN Yes No Absent Abstain COUNCILMAN Yes No Absent Abstain

O’Donnell

Capozzoli

Hauser

Brown

Durkin

Cascarano

______________________________ ___________________________________ Lisa O’Neill, Deputy Clerk Ann Dassing, Mayor This ordinance, when adopted, must remain in the possession of the Municipal Clerk. Certified copies are available.

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Resolution No: 9-172

Date of Adoption: September 15, 2015

TITLE:

AUTHORIZING THE APPOINTMENT OF THERESA CECELIA SCOTT AS A CROSSING GUARD IN THE BOROUGH OF CALDWELL EFFECTIVE IMMEDIATELY AT ANNUAL RATE OF $5,200.00

BE IT RESOLVED by the Borough Council of the Borough of Caldwell, New Jersey, that they do hereby authorize the appointment of the following person as a Crossing Guard effective immediately. Theresa Cecelia 74 Leonard Terrace Roseland, NJ 07068


Councilman: ________________ presented the following resolution - Seconded by Councilman: __________________

COUNCILMAN Yes No Absent Abstain COUNCILMAN Yes No Absent Abstain

O’Donnell

Capozzoli

Hauser

Brown

Durkin

Cascarano

________________________________ ___________________________________ Lisa O’Neill, Deputy Clerk Ann Dassing, Mayor

This resolution, when adopted, must remain in the possession of the Municipal Clerk. Certified copies are available.




TITLE:

RESOLUTION AUTHORIZING A REFUND OF OVERPAYMENT OF 2014 TAXES FOR BLOCK 23 LOT 6, 28 PARK AVENUE, CALDWELL, NJ.

WHEREAS, it has been determined by the Tax Collector that the old homeowner is entitled to a refund due to them sending us the check for Fourth quarter 2014 and so did the new owners so the taxes where paid twice. (The old owner was not responsible for the payment) BE IT ALSO RESOLVED by the Borough Council of the Borough of Caldwell, NJ that the Tax Collector is hereby authorized to refund the following tax payment. BLOCK & LOT RECIPIENT REFUND AMOUNT Michael R. Stevens Estate Reduction Trust Mail to: B23, L6 Robert Petoia 11 Daniel Road East, 2nd Floor $3,042.99 Fairfield, NJ 07004




O’Donnell

Capozzoli

Hauser

Brown

Durkin

Cascarano






TITLE:

AUTHORIZING A CREDIT RE: VETERAN DEDUCTION FOR 2015 TAXES FOR BLOCK 33 LOT 16, 59 CENTRAL AVENUE, CALDWELL, NJ 07006

WHEREAS, the homeowner at 59 Central Avenue filed a veteran application for the tax year 2015, the property having been approved; and WHEREAS, the assessor found resident to be a true Veteran; and WHEREAS, the assessor has advised the Collector to adjust the record in the year 2015, 4th quarter; and NOW THEREFORE BE IT RESOLVED, the tax figure has been reduced $250.00 for the veteran deduction. BE IT ALSO RESOLVED, that the Tax Collector is instructed to credit fourth quarter taxes for the year 2015 in the amount of $250.00




O’Donnell

Capozzoli

Hauser

Brown

Durkin

Cascarano






TITLE:

RESOLUTION AUTHORIZING A REFUND OF OVERPAYMENT OF 2015 TAXES FOR BLOCK 47 LOT 14, 20 CEDARS ROAD, CALDWELL, NJ.

WHEREAS, it has been determined by the Tax Collector that the old homeowner is entitled to a refund due to them sending us the check for Third quarter 2015 and at the closing and so did the new owners bank the taxes where paid twice. (The old owner was not responsible for the payment) BE IT ALSO RESOLVED by the Borough Council of the Borough of Caldwell, NJ that the Tax Collector is hereby authorized to refund the following tax payment. BLOCK & LOT RECIPIENT REFUND AMOUNT Weichert Title Agency Mail to: B47, L14 Weichert Title Agency 1909 Route 70 East, 2nd Floor $3,985.51 Cherry Hill, New Jersey 08003 Attn: Kristin Smith




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TITLE:

RESOLUTION AUTHORIZING A CREDIT RE: COUNTY TAX APPEAL FOR BLOCK 68, LOT 2.04, 91 BROOKSIDE AVENUE, CALDWELL, NJ 07006.

WHEREAS, the homeowner at 91 Brookside Avenue, filed a tax appeal for the tax year 2013, the property having an assessed value of $472,000; and WHEREAS, the assessor found true value at $400,000, $72,000 less than the assessed value; and WHEREAS, to mitigate the financial impact on the city the tax assessor negotiated a settlement reducing the assessed value $36,00, in 2013 and $36,000 for the subsequent years 2014; and WHEREAS, the assessor overlooked adjusting this record in the subsequent year; and NOW THEREFORE BE IT RESOLVED, the tax assessment for the property at 91 Brookside Avenue, Block 68, Lot 2.04 be reduced by $36,000 and the new assessed value will be $400,000; and BE IT ALSO RESOLVED that the Tax Collector is instructed to credit the fourth quarter taxes for the year 2015 and the 1st and 2nd quarters of 2016 for overpayments in years 2014 and 2015.




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TITLE:

AUTHORIZING THE ISSUING OF A SPECIAL LIQUOR PERMIT. APPLICANT AND APPLICATION HAS BEEN APPROVED BY THE POLICE DEPARTMENT AND THE CLERK'S OFFICE – CONGREGATION AGUDATH ISRAEL OF WEST ESSEX

BE IT RESOLVED by the Borough Council of the Borough of Caldwell, New Jersey that the Borough Council be an is hereby authorized and directed to certify that the Mayor and Council have no objection to the granting of a Special Liquor permit to offer alcoholic beverages at a special social affair to be conducted by the following:

Congregation Agudath Israel 20 Academy Road Caldwell, New Jersey 07006 Event to Be Held: Congregation Agudath Israel 20 Academy Road Caldwell, New Jersey 07006 October 1, 2015 8:00PM – 10:00PM




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TITLE:

RESOLUTION AUTHORIZING CHANGE FUNDS WHEREAS from time to time the offices listed herein are required to make change for cash payments received; and WHEREAS there exists a need to maintain such a fund for use of operation of said Offices; NOW THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Caldwell, NJ that, the change funds listed herein and below be established. BE IT FURTHER RESOLVED that the listed custodian be responsible for the maintenance of corresponding Change Fund.

Department Custodian Amount

Muncipal Court Leanne O'Hern $ 100.00

Tax Collection Idamae Renne $ 100.00

Construction Code Colette Hassan $ 50.00

Community Center Robert Paterson $ 200.00




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TITLE:

RESOLUTION REQUESTING PERMISSION FOR THE DEDICATION BY RIDER FOR RECREATIONAL PURPOSES WHEREAS, permission is required of the Director of the Division of Local Government Services for approval as a dedication by rider of revenues received by a county or municipality when the revenue is not subject to reasonably accurate estimates in advance; and WHEREAS, N.J.S.A.40A:4-39 provides that the Director of the Division of Local Government Services may approve expenditures or moneys by dedication by rider; and NOW, THEREFORE, BE IT RESOLVED by the Borough of Caldwell, County of Essex, New Jersey as follows:

1. The Borough Council does hereby request permission of the Director or the Division of Local Government Services to pay expenditures under the provisions of N.J.S.A.40A:4-39, as amended by P.L. 1999, c.292, for the exclusive purpose of depositing and expending funds paid by individuals to offset the costs of operating municipal “fee-based” recreation programs at the Caldwell Community Center.

2. The Municipal Clerk is hereby directed to forward two certified copies of this Resolution to the Director of the Division of Local Government Services.




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TITLE:

AUTHORIZING PAYMENT OF BILLS AND THE ISSUANCE OF CHECKS FOR THE PERIOD THROUGH SEPTEMBER 15, 2015 FOR 2015 BILLS IN THE TOTAL AMOUNT OF $2,947,199.23

BE IT RESOLVED by the Borough Council of the Borough of Caldwell, New Jersey that, WHEREAS, certain bills which are contained on the bills list which is annexed hereto and incorporated herein have been submitted to the Borough of Caldwell for payment, and; WHEREAS, pursuant to N.J.S.A. 40A:5:16, it has been certified to the governing body that the goods or services for which said bills were submitted have been received by or rendered to the Borough of Caldwell, and; WHEREAS, the Director of Finance of the Borough of Caldwell has certified to the governing body that there are funds legally appropriated and available in the current operating budget for the payment of said bills and that the said payment will not result in the disbursement of public monies or in the encumbering of same in excess of the 2015 appropriation for said purpose; NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Caldwell that the Chief Financial Officer and Borough Administrator be and are hereby authorized to sign checks in payment of the bills set forth in the annexed schedule.




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TITLE:

RESOLUTION REAPPOINTING FRANCINE T. PASERCHIA AS THE BOROUGH CLERK OF THE BOROUGH OF CALDWELL AT AN ANNUAL STIPEND OF $5,000 EFFECTIVE JULY 1, 2015

WHEREAS, the term of the Borough Clerk Francine T. Paserchia expired on June 30, 2015; and WHEREAS, Francine T. Paserchia is currently serving as Borough Clerk and has been since July 1, 2012; and

WHEREAS, N.J.S.A. 40A:9-133(a) requires that the Borough employ a Certified Municipal Clerk; and

WHEREAS, pursuant to N.J.S.A. 40A:9-133, the appointment of the position of Borough Clerk is by the Mayor with the advice and consent of the Council; and WHEREAS, the Mayor wishes to authorize the reappointment of Francine T. Paserchia as the Borough Clerk; and WHEREAS, Francine T. Paserchia has agreed to serve as the Borough Clerk of the Borough of Caldwell NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Caldwell hereby reappoint Francine T. Paserchia as the Borough Clerk for a three-year term with an annual stipend of $5,000 effective July 1, 2015.




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TITLE:

AUTHORIZING THE BOROUGH ADMINISTRATOR TO ADVERTISE AND RECEIVE BIDS FOR THE UPPER BROOKSIDE AVENUE ROAD IMPROVEMENT PROJECT

WHEREAS, it is necessary to advertise and receive bids for the for the upper Brookside Avenue road improvement project BE IT RESOLVED by the Borough Council of the Borough of Caldwell, New Jersey that they do hereby authorize the Borough Administrator to advertise and receive bids for the for the upper Brookside Avenue road improvement project in the Borough of Caldwell.




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TITLE:

AUTHORIZING THE APPOINTMENT OF GEORGE F. LIBRIZZI, 105 STEPHANIE DRIVE, NORTH CALDWELL, NEW JERSEY 07006 TO THE POSITION OF TAX ASSESSOR FOR THE TERM ENDING JUNE 30, 2019 IN ACCORDANCE WITH N.J.S.A.40A:9-148 WITH AN ANNUAL SALARY OF $35,000 EFFECTIVE SEPTEMBER 1, 2015

WHEREAS, the position of Tax Assessor is vacant due to the resignation of Joan Kozeniesky as of August

31, 2015; and WHEREAS, it is essential the burden of property tax be distributed equitably among property owners in

accordance with the law; and WHEREAS, George F. Librizzi is and continues to be certified as a Certified Tax Assessor since May 21,

1987 and satisfied the continuing education requirements for said certification; and WHEREAS, the Governing Body of the Borough of Caldwell is desirous of appointing George F. Librizzi,

CTA as Municipal Tax Assessor for the Borough of Caldwell in accordance with N.J.S.A 40A:9-146, et seq., and N.J.S.A. 54:1-35.25 et seq.

NOW THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of Caldwell, County of Essex,

State of New Jersey, hereby appoint George F. Librizzi to the position of Municipal Tax Assessor in the Borough of Caldwell with an annual salary of $35,000 effective September 1, 2015 to June 30, 2019.




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Documents

BOROUGH OF CALDWELL NEW JERSEYcaldwell-nj.com/.../460/Council_Business_9-15-2015_(web).pdfBOROUGH OF CALDWELL NEW JERSEY COUNCIL BUSINESS MEETING September 15, 2015 Caldwell Council