BOROUGH OF CALDWELL NEW JERSEY6BAC054F-223B...2012/06/19 · the Executive Session, the Governing Body may choose to resume the public portion of the meeting. The discussion, which

BOROUGH OF CALDWELL NEW JERSEY

COUNCIL BUSINESS MEETING June 19, 2012

Borough Hall Council Chambers

1 Provost Square Caldwell, New Jersey 07006

7:00pm

Council Chambers 1 Provost Square Caldwell, NJ

June 19, 2012

Page 1 of 3

MAYOR Ann Dassing

BOROUGH COUNCIL

Richard Hauser – President Peter Murray

John Coyle Thomas O’Donnell

John Kelley Frank Rodgers

Borough of Caldwell Council Business Meeting

AGENDA - Revised

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

CALL TO ORDER Honorable Ann Dassing, Mayor of the Borough of Caldwell Presiding Roll Call Statement of Compliance w/ Open Public Meetings Act Pledge of Allegiance to the Flag APPROVAL OF MINUTES June 7, 2012

PRESENTATION Theodore N. Stephens, II / Essex County Surrogate

Essex County Surrogate’s Court – Surrogate’s New Initiatives Presented by: Theodore N. Stephens, II Essex County Surrogate

OPEN PUBLIC COMMENTS ON RESOLUTIONS

Members of the public are invited to comment at this time on any resolution.

RESOLUTIONS - CONSENT AGENDA

All items listed on the Consent Agenda are considered to be routine and will be acted upon by a single motion. There will be no separate discussion of these items unless members of the Council request specific items to be removed for separate action.

6-134: RESOLUTION AWARDING PROFESSIONAL SERVICE AGREEMENT TO SUPERIOR SERVICES, LLC FOR SERVICES IN CONNECTION WITH THE OPERATION OF THE BOROUGH OF CALDWELL WATER SYSTEM IN AN AMOUNT NOT TO EXCEED $7,020 PER ANNUM PLUS THE COST OF ADDITIONAL SERVICES NOT TO EXCEED $48,000 PER ANNUM 6-135: AUTHORIZING THE APPOINTMENT OF FRANCINE T. PASERCHIA AS THE BOROUGH CLERK OF THE BOROUGH OF CALDWELL AT AN ANNUAL STIPEND OF $5,000 EFFECTIVE JULY 1, 2012 6-136: AUTHORIZING THE APPOINTMENT OF LISA O’NEILL AS THE DEPUTY BOROUGH CLERK AT A SALARY OF $51,756 EFFECTIVE JULY 1, 2012 6-137: AUTHORIZING THE ISSUANCE OF RENEWAL LIQUOR LICENSES FOR THE PERIOD JULY 1, 2012 THROUGH JUNE 30, 2013. APPLICATIONS AND APPLICANTS HAVE BEEN APPROVED BY APPROPRIATE MUNICIPAL DEPARTMENTS 6-138: AUTHORIZING THE INSERTION IN BUDGET OF SPECIAL ITEM OF REVENUE AND APPROPRIATION – CHAPTER 159 - Alcohol Education Rehabilitation & Enforcement


June 19, 2012

Page 2 of 3

MAYOR Ann Dassing

BOROUGH COUNCIL





AGENDA - Revised


RESOLUTIONS - CONSENT AGENDA (continued)

All items listed on the Consent Agenda are considered to be routine and will be acted upon by a single motion. There will be no separate discussion of these items unless members of the Council request specific items to be removed for separate action.

6-139: AUTHORIZING THE BOROUGH CLERK TO PREPARE A REQUEST FOR PROPOSALS AND ADVERTISE TO SOLICIT QUOTATIONS FOR THE MANAGEMENT OF THE CALDWELL LEAF COMPOST FACILITY 6-140: AUTHORIZING THE INSERTION IN BUDGET OF SPECIAL ITEM OF REVENUE AND APPROPRIATION – CHAPTER 159 – Comcast Grant 2012 6-141: AUTHORIZING THE INSERTION IN BUDGET OF SPECIAL ITEM OF REVENUE AND APPROPRIATION – CHAPTER 159 – 2011 Safety Incentive Program Award 6-142: AUTHORIZING PAYMENT OF BILLS AND THE ISSUANCE OF CHECKS FOR THE PERIOD THROUGH JUNE 19, 2012 FOR 2012 BILLS IN THE TOTAL AMOUNT OF $4,120,550.88 6-143: RESOLUTION AUTHORIZING AN AWARD OF CONTRACT FOR MILLING AND PAVING OF CHERRY LANE FOR AN AMOUNT OF $17,607.45 AS APPROPRIATED IN CAPITAL ORDINANCE #1248-12 FOR THE BOROUGH OF CALDWELL 6-144: RESOLUTION AUTHORIZING AN AWARD OF CONTRACT FOR MILLING AND PAVING OF OAK RIDGE ROAD FOR AN AMOUNT OF $17,999.00 AS APPROPRIATED IN CAPITAL ORDINANCE #1248-12 FOR THE BOROUGH OF CALDWELL 6-145: AUTHORIZING THE BOROUGH OF CALDWELL TAX COLLECTOR TO PREPARE AND MAIL ESTIMATED 2012 TAX BILLS IN ACCORDANCE WITH CHAPTER 72, P.L. 1994 FINANCE Council President Hauser Liaison: Library Board of Trustees / Recreation PUBLIC SAFETY Councilman Murray Liaison: Rent Board / Traffic Committee COMMUNITY CENTER Councilman O’Donnell Liaison: Planning Board / Local Board of Assistance / Senior Advisory Board PERSONNEL / HEALTH AND HUMAN SERVICES Councilman Rodgers Liaison: Board of Health / Senior Citizens Transportation REPORT OF MAYOR Mayor Dassing


June 19, 2012

Page 3 of 3

MAYOR Ann Dassing

BOROUGH COUNCIL





AGENDA - Revised


REPORT OF ADMINISTRATOR Paul M. Carelli 1. Administrator Report Spreadsheet – June 19, 2012

REPORT OF ATTORNEY Gregory Mascera OLD BUSINESS 1. Payroll RFP 2. CCC – Drawing Plan Update 3. Employee Incentive Plan NEW BUSINESS

Members of the Governing Body may choose to bring up new items at this time. 1. Fire Alarm Ordinance 2. Pool Ordinance

OPEN PUBLIC MEETING

Members of the public are invited to comment at this time on any issues, whether or not on the agenda

EXECUTIVE SESSION Closed Session

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. 1. Personnel ADJOURNMENT Additional items may be added to this agenda. Final action may be taken on all matters listed or added to this agenda. This agenda was prepared as of 6/15/2012 with all available information as of this date. This agenda has been sent to four official newspapers of the Borough on 6/15/2012 in compliance with P. L. 1975, c 213 Lisa O’Neill, Acting Borough Clerk.

BOROUGH OF CALDWELL COUNCIL BUSINESS/CONFERENCE MEETING

MINUTES – June 7, 2012

The council Business meeting of the Borough Council of the Borough of Caldwell was called to order in the Council Chambers at 7:06 PM PRESENT: Mayor Dassing, Council President Richard Hauser, Councilman

Murray, Coyle, O’Donnell, Kelley and Rodgers ALSO PRESENT: Lisa O’Neill, Acting Borough Clerk, Paul Carelli, Borough

Administrator and Borough Attorney, Greg Mascara ABSENT: Adequate notice of this Council Business/Conference meeting was given on January 1, 2012. Notice was posted on the bulletin board on the first floor of the Borough Hall, One Provost Square, Caldwell, New Jersey on January 1, 2012. Four official newspapers of the Borough were notified of this meeting by mail on January 1, 2012. Notice was posted and all persons requesting notice were sent same. APPROVAL OF MINUTES: May 15, 2012 Moved by Councilman Coyle, seconded by Councilman Kelley. No Discussion. On roll call, all present voted in the affirmative. Minutes approved 06/07/12. PRESENTATION OF AWARDS: Garden State Municipal Joint Insurance Fund Presented by Mr. Zach Edelman 2011 Safety Incentive Award – Borough of Caldwell PRESENTATION: Borough of Caldwell – 2012 Municipal Finance Presentation Presented by: Paul M. Carelli PUBLIC HEARING OF THE 2012 MUNICIPAL BUDGET AMENDMENTS ADOPTION OF THE 2012 MUNICIPAL BUDGET Budget Document – Sheet 41 INTRODUCTION OF ORDINANCES ORDINANCE# 1253-12: AN ORDINANCE AMENDING CHAPTER A270-1 OF THE CODE OF THE BOROUGH OF CALDWELL, BEING THE SCHEDULE OF FEES CHARGED BY THE BOROUGH, SO AS TO SET THE FEES AND THE ESCROW REQUIREMENTS FOR APPLICATIONS TO THE ZONING BOARD OF ADJUSTMENT AND TO THE PLANNING BOARD IN ACCORDANCE WITH CHAPTER 26 OF THE BOROUGH CODE Moved by Councilman Murray, seconded by Councilman Coyle. Discussion Ensued. On roll call, all present voted in the affirmative. Ordinance Introduced on 06/07/12. ORDINANCE# 1254-12: AN ORDINANCE AMENDING CHAPTER 250-8 OF THE CODE OF THE BOROUGH OF CALDWELL, BEING THE SECTION TITLED DEFINITONS AND WORD USAGE – (MOBILE TEMPORARY STORAGE CONTAINERS) Moved by Councilman Coyle, seconded by Councilman Rodgers. Discussion Ensued. On roll call, all present voted in the affirmative. Ordinance Introduced on 06/07/12.



2 of 5 ORDINANCE# 1255-12: AN ORDINANCE AMENDING CHAPTER 250-8 OF THE CODE OF THE BOROUGH OF CALDWELL, BEING THE SECTION TITLED GENERAL REGULATIONS (MOBILE TEMPORARY STORAGE CONTAINERS) Moved by Councilman Kelley, seconded by Councilman Hauser. Discussion Ensued. On roll call, all present voted in the affirmative. Ordinance Introduced on 06/07/12. ORDINANCE# 1256-12: AN ORDINANCE AMENDING CHAPTER 250-7 OF THE CODE OF THE BOROUGH OF CALDWELL, BEING THE SECTION TITLED “WORD USAGE (FENCES) Moved by Councilman Kelley seconded by Councilman Coyle. Discussion Ensued. On roll call, all present voted in the affirmative. Ordinance Introduced on 06/07/12. ORDINANCE# 1257-12: AN ORDINANCE AMENDING CHAPTER 250-8 OF THE CODE OF THE BOROUGH OF CALDWELL, BEING THE SECTION REGULATING THE SIZE AND PLACEMENT OF FENCES Moved by Councilman Murray, seconded by Councilman Coyle. Discussion Ensued. On roll call, all present voted in the affirmative. Ordinance Introduced on 06/07/12. ORDINANCE# 1258-12: AN ORDINANCE AMENDING SECTION 17 OF CHAPTER 182 OF THE CODE OF THE BOROUGH OF CALDWELL, BEING THE SECTION TITLED “MAINTENANCE OF SERVICES” (RENT CONTROL) Moved by Councilman Murray, seconded by Councilman Coyle. Discussion Ensued. On roll call, all present voted in the affirmative. Ordinance Introduced on 06/07/12. PUBLIC HEARING AND ADOPTION OF ORDINANCE: ORDINANCE# 1251-12: AN ORDINANCE AMENDING CHAPTER 230 – ARTICLE V OF THE CODE OF THE BOROUGH OF CALDWELL, TRAFFIC REGULATIONS Moved by Councilman Murray, seconded by Councilman O’Donnell. Discussions Ensued. On roll call, all present voted in the affirmative. Ordinance Adopted on 06/07/12. OPEN PUBLIC COMMENTS ON RESOLUTION: Ann Marchioni, Environmental Commission, she asked the Council to authorize the Resolution 6-128. She thanked the Mayor and Chief for coming to the presentation on anti-idling. RESOLUTIONS – CONSENT AGENDA 6-125: AUTHORIZING THE APPOINTMENT OF ROBERT SULLIVAN AS A PARKING ENFORCEMENT OFFICER IN THE BOROUGH OF CALDWELL

6-126: AUTHORIZING AWARD OF A PROFESSIONAL ENGINEERING SERVICES CONTRACT TO CREW ENGINEERS, INC. BUTLER, NEW JERSEY FOR THE DESIGN OF WATER SYSTEM MAIN REPLACEMENTS IN THE BOROUGH OF CALDWELL

6-127: AUTHORIZING THE LIEN REDEMPTION OF CERTIFICATE 11-00002 PAYABLE TO ROBERT PALMISANO

6-128: RESOLUTION BY THE CALDWELL GOVERNING BODY SUPPORTING THE ADOPTION OF “IDLE FREE ZONES” BY GOVERNMENT AGENCIES, SCHOOLS, BUSINESSESS, AND OTHER ORGANIZATIONS



3 of 5 6-129: RESOLUTION AUTHORIZING THE MODIFICATION OF CONTRACT TERMS AND AGREEMENT DOCUMENT FOR MEMBERSHIP IN THE CALDWELL COMMUNITY CENTER

6-130: RESOLUTION APPROVING A CONTRACT BETWEEN THE BOROUGH OF CALDWELL AND THE TOWNSHIP OF VERONA – SUMMER SWIM TEAM CONSENT Moved by Councilman Coyle, seconded by Councilman Murray. No Discussion. On roll call, all present voted in the affirmative. Resolutions approved 06/07/12. Council President Hauser reported that a cordial recreation meeting is scheduled for Wednesday. Councilman O’Donnell reported that the aerobics room is now upstairs there is sunlight and a new floor and a lot of excitement over this new area. Councilman Rodgers reported that the Senior Transportation had discussion on how to promote and increase ridership. Councilman Kelley reported that he attended the Wyanokie Meeting and on June 23rd they will be having their 9th Annual Great Wyanokie outing there is a free BBQ picnic lunch, Fishing Contest, live music by Chris Bolger Quartet and guided hikes. You can register on line at www.campwyanokie.com. Our Caldwell Commissioner is relocating so as a Council we need to appoint a new Wyanokie Commissioner. They are planning to come to a Council meeting and provide some history and background and where they are headed in the next few years. Mayor Dassing reported that she met with the Signage Committee and discussed the sign ordinance and they are getting ready to send off to Mr. Mascara. She attended the WEFAS picnic on Saturday and it was a lovely event and she especially enjoyed the dunk tank. Thank you to the WEFAS and all their help with the Community. ADMINISTRATOR’S REPORT: Paul Carelli reported that he has two copies of our fixed asset report. It is pretty thorough and everything has been tagged and accounted for. Councilman Kelley and Councilman Hauser have the only RFP that we received for Payroll. We will be signing the Interconnection Agreement. REPORT OF ATTORNEY: Greg Mascara reported that Mr. Milani asked that he looks into Pool Enclosure Ordinance and I hope to have a draft by next meeting. The Sewer Connection Agreement has been approved on our side. West Caldwell and Essex Fells will be executing it. I will be at the Essex County Tax Board on Tuesday with Mr. Kelly. There was discussion on a re-valuation. OLD BUSINES: Councilman Coyle asked the question to Mr. Carelli if there were dates scheduled for Cherry and Oak Ridge. Paul Carelli responded that he has not and he would make a call tomorrow. Councilman Hauser asked about if the boards outside by the Community Center were checked. Mr. Carelli said that Glenn Beckmeyer took a look at it and he doesn’t think that it is going to fall down. There is an electric conduit that is hanging and they will be fixing it. NEW BUSINESS: Councilman Murray reported that there were two things placed in everyone’s packet. The first is the sign ordinance memo and he would like everyone to take a look at all the spots listed on your own and any feed back you have on these particular areas you can get back to me. Also, in your packets is the Alarm System Ordinance and the Fire Department asked that we take a look at this. Councilman Murray was approached by the members of the WEFAS asking if we are able to offer some kind of discount at the Community Center. The Fire Department has started a Health and awareness program and they have been asking for a defibrillator in the Fire Department. I would like to ask the Council if we can purchase the defibrillator with the money from JIFF.



4 of 5 6:131: AUTHORIZING THE PURCHASE OF A DEFIBRILLATOR FOR THE CALDWELL FIRE DEPARTMENT UTILIZING THE 2011 SAFETY INCENTIVE AWARD OF $1,000 RECEIVED FROM THE GARDEN STATE MUNICIPAL JOINT INSURANCE FUND Moved by Councilman Murray, seconded by Councilman O’Donnell. No Discussion. On roll call, all present voted in the affirmative. Resolutions approved 06/07/12. Paul Carelli spoke about the Community Center Basketball Court logo. He was approached by Rob and Gordon who would like to sell the advertising space in center court. Discussions Ensued.

6:132: AUTHORIZING THE BOROUGH CLERK TO PREPARE A REQUEST FOR PROPOSALS AND ADVERTISE FOR THE SALE OF ADVERTISING SPACE IN THE GYMNASIUM AT THE CALDWELL COMMUNITY CENTER Moved by Councilman O’Donnell seconded by Councilman Murray. Discussions Ensued. On roll call, all present voted in the affirmative. Resolutions approved 06/07/12. 6:133: RESOLUTION AMENDING DESIGNATED DATES OF COUNCIL BUSINESS MEETINGS FOR THE CALENDAR YEAR 2012 Moved by Councilman Coyle, seconded by Councilman O’Donnell. Discussions Ensued. On roll call, all present voted in the affirmative. Resolutions approved 06/07/12. OPEN PUBLIC MEETING: Maryanne Temple, 26 Orchard Square, spoke about the Parking issue if the Life Source Church. She would like the Council to change the ordinance for future applications. This is not fair for there neighborhood and it is very important to change the ordinance. Maurice Brewer – 33 Personette Street, spoke about the Police Department making only one side parking which will leave us with less spaces. Greg Mascara responded that it was just a suggestion that someone said at the last meeting. Ann Marchioni, Environmental Commission, she spoke about towns in Essex County that have joined together to save electricity and save money. Councilman Murray responded that we have done that and we went on our own. Hilda Moore, 23 Personette Street, spoke about the parking issues at the VFW (Life Source Church). She asked if the town can purchase this property if the Church’s application does not get heard can there be some stipulation on what the property is being used for. She thanked Councilman Murray for checking on their neighborhood. On a motion made by Councilman Coyle and seconded by Councilman Hauser, unanimously affirmed, the Council moved into Executive Session at 9:40PM. 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. Greg Mascera responds that the Executive Session will be discussion of Personnel in



5 of 5 regards to potential Litigation, sewer situation in completion to the sewer plant and Open Space discussion is what the recommendations are from the Committee to the Council. The Executive Session was adjourned and upon a motion by Councilman Hauser, seconded by Councilman Kelley, the Council Business Conference Meeting was opened to the public and the press at 10:30P.M. There being no additional business to be conducted a motion to adjourn the meeting was made by Councilman Kelley, seconded by Councilman Coyle, unanimously affirmed by all members present, the meeting was adjourned at 10:30P.M. Prepared by:__________________ ________________ Lisa O’Neill, Acting Borough Clerk DATE


RECORD OF COUNCIL VOTE

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

COUNCILMAN Yes No Absent Abstain COUNCILMAN Yes No Absent Abstain

Hauser

O’Donnell

Murray

Kelley

Coyle

Rodgers

________________________________ ___________________________________ Lisa O’Neill, Acting Borough Clerk Ann Dassing, Mayor

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

Resolution No: 6-134

Date of Adoption: June 19, 2012

TITLE:

RESOLUTION AWARDING PROFESSIONAL SERVICE AGREEMENT TO SUPERIOR SERVICES, LLC FOR SERVICES IN CONNECTION WITH THE OPERATION OF THE BOROUGH OF CALDWELL WATER SYSTEM IN AN AMOUNT NOT TO EXCEED $7,020 PER ANNUM PLUS THE COST OF ADDITIONAL SERVICES NOT TO EXCEED $48,000 PER ANNUM

WHEREAS, a need exists to contract for the below noted services for the Borough of Caldwell, County of Essex, New Jersey; and WHEREAS, funds are available to pay for the services contemplated herein; and WHEREAS, continuation of the terms of this contract beyond December 31, 2012, is contingent upon availability of funds in the 2012 FY Budget, and in the event of unavailability of such funds, the Borough of Caldwell reserves the right to cancel this contract; and WHEREAS, the Local Public Contracts Law (N.J.S.A. 40:11-5 et seq.) requires that the resolution authorizing the award of contracts for "PROFESSIONAL SERVICES" without competitive bids must be publicly advertised; NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Caldwell, County of Essex, as follows: (1) The Mayor and Borough Clerk are hereby authorized and directed to execute the below referenced agreement with the below stated

vendor, which agreement shall be maintained on file with the Borough Clerk and available for public inspection. (2) This agreement is awarded without competitive bidding as a "PROFESSIONAL SERVICE" under the provisions of the Local Public

Contracts Law because the services provided require performance by an individual who possesses a professional license regulated by law, and it is not possible to obtain competitive bids.

(3) A notice of this action shall be printed in the Caldwell Progress as required by law within ten days of its passage. (4) The Vendor shall supply the Borough of Caldwell with Federal Affirmative Action Plan Approval or State Certificate of Employee

Information Report within the time period specified by NJAC 17:27. The Contract shall contain the Mandatory Affirmative Action Language for Professional Service Contracts required by NJAC 17:27, a copy of which shall be attached to and incorporated in the Professional Service Agreement authorized herein.

(5) The vendor shall agree to comply with the requirements of Title II of the Americans with Disabilities Act of 1990 and indemnify,

protect and save harmless the Borough from all suits, claims, losses, demands or damages of whatever kind or nature arising out of or claimed to arise out of alleged violations of the Act. A copy of the Act shall be attached to and incorporated in the Professional Service Agreement authorized herein.

VENDOR NAME: Superior Services, LLC ADDRESS: 56 Stonybrook Road, West Caldwell, NJ 07006 CONTRACT AMOUNT: Not to exceed $7,020 plus $48,000 for additional services SERVICE: Licensed Water Operator





Norton

Piazza

Hauser

Coyle

Murray

O’Donnell





TITLE:

AUTHORIZING THE APPOINTMENT OF FRANCINE T. PASERCHIA AS THE BOROUGH CLERK OF THE BOROUGH OF CALDWELL AT AN ANNUAL STIPEND OF $5,000 EFFECTIVE JULY 1, 2012

WHEREAS, the Governing Body has determined that there is a need to fill the vacancy of the Borough Clerk position; 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. WHEREAS, the Mayor wishes to authorize the appointment 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 appoint Francine t. Paserchia as the Borough Clerk with a stipend of $5,000 per year effective July 1, 2012.





Hauser

O’Donnell

Murray

Kelley

Coyle

Rodgers





TITLE:

AUTHORIZING THE APPOINTMENT OF LISA O’NEILL AS THE DEPUTY BOROUGH CLERK AT A SALARY OF $51,756 EFFECTIVE JULY 1, 2012

WHEREAS, the Governing Body has determined that there is a need to fill the position of Deputy Borough Clerk; and WHEREAS, pursuant to N.J.S.A. 40A:9-133, the appointment of the position of Deputy Borough Clerk is by the

Mayor with the advice and consent of the Council.

WHEREAS, the governing body may appoint a person who does not hold a registered municipal clerk certificate to serve as Deputy Borough Clerk; and

WHEREAS, the Mayor wishes to extend the appointment Lisa O’Neill as the Deputy Borough Clerk, and WHEREAS, Lisa O’Neill has agreed to serve as the Deputy Borough Clerk. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Caldwell authorize the appointment of Lisa O’Neill as Deputy Borough with an annual salary of $51,756 effective July 1, 2012.





Hauser

O’Donnell

Murray

Kelley

Coyle

Rodgers





TITLE:

AUTHORIZING THE ISSUANCE OF RENEWAL LIQUOR LICENSES FOR THE PERIOD JULY 1, 2012 THROUGH JUNE 30, 2013. APPLICATIONS AND APPLICANTS HAVE BEEN APPROVED BY APPROPRIATE MUNICIPAL DEPARTMENTS

BE IT RESOLVED by the Borough Council of the Borough of Caldwell, New Jersey, that the following be and is hereby-granted liquor license renewal for the period July 1, 2012 through June 30, 2013. Applicants and applications have been inspected, investigated and approved by the appropriate Municipal Department

Sunrise Shoprite Liquors Inc. Wine Village 478 Bloomfield Avenue 363-367 Bloomfield Avenue Caldwell, NJ 07006 Caldwell, NJ 07006

Cloverleaf Tavern HAJ Supermarkets, Inc. 393-397 Bloomfield Avenue Jacks Supermarket Caldwell, NJ 07006 370 Bloomfield Avenue Caldwell, NJ 07006

ACLC, INC. The American Legion

234 – 240 Bloomfield Avenue James Caldwell Post 185 Caldwell, NJ 07006 303 Bloomfield Avenue Caldwell, NJ 07006 Starz Inc. T/A Ringside Pub 379 Bloomfield Avenue Caldwell, NJ 07006

Chintan Enterprises, Inc. T/A The Bottle Stop 153 Roseland Avenue Caldwell, NJ 07006





Hauser

O’Donnell

Murray

Kelley

Coyle

Rodgers





TITLE:

AUTHORIZING THE INSERTION IN BUDGET OF SPECIAL ITEM OF REVENUE AND APPROPRIATION – CHAPTER 159 - Alcohol Education Rehabilitation & Enforcement

WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of Local Government Services may approve the insertion of any Special Item of Revenue in the budget of any municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and WHEREAS, said Director may also approve the insertion of an item of appropriation for an equal amount;and WHEREAS, the Borough of Caldwell has been awarded $2,158.52 from the State of New Jersey and wishesto amend its 2012 Budget to include this amount as a revenue. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Caldwell, hereby requests the Director of the Division of Local Government Services to approve insertion of an item of revenue in the Budget of the year 2012 in the sum of $2,158.52, which is now available as a revenue from: Miscellaneous Revenues:

Special Items of General Revenue Anticipated with Prior Written Consent of the Director of Local Government Services: Public and Private Revenues Offset with Appropriations:

Alcohol Education Rehabilitation & Enforcement BE IT FURTHER RESOLVED that a like sum of $2,158.52 be and is hereby appropriated under the caption of: General Appropriations

(a) Operations Excluded from “CAPS” Public and Private Programs Offset by Revenues: Alcohol Education Rehabilitation & Enforcement





Hauser

O’Donnell

Murray

Kelley

Coyle

Rodgers





TITLE:

AUTHORIZING THE BOROUGH CLERK TO PREPARE A REQUEST FOR PROPOSALS AND ADVERTISE TO SOLICIT QUOTATIONS FOR THE MANAGEMENT OF THE CALDWELL LEAF COMPOST FACILITY

BE IT RESOLVED by the Borough Council of the Borough of Caldwell, New Jersey that they do hereby authorize the Borough Clerk to prepare a Request for Proposals and advertise to solicit quotations for the management of the Caldwell Leaf Compost facility.





Hauser

O’Donnell

Murray

Kelley

Coyle

Rodgers





TITLE:

AUTHORIZING THE INSERTION IN BUDGET OF SPECIAL ITEM OF REVENUE AND APPROPRIATION – CHAPTER 159 – Comcast Grant 2012

WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of Local Government Services may approve the insertion of any Special Item of Revenue in the budget of any municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and WHEREAS, said Director may also approve the insertion of an item of appropriation for an equal amount;and WHEREAS, the Borough of Caldwell has been awarded $25,000.00 from Comcast and wishes to amend its 2012 Budget to include this amount as revenue. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Caldwell, hereby requests the Director of the Division of Local Government Services to approve insertion of an item of revenue in the Budget of the year 2012 in the sum of $25,000.00, which is now available as a revenue from: Miscellaneous Revenues:


Comcast Grant 2012 BE IT FURTHER RESOLVED that a like sum of $25,000.00 be and is hereby appropriated under the caption of: General Appropriations

(a) Operations Excluded from “CAPS” Public and Private Programs Offset by Revenues: Comcast Grant 2012





Hauser

O’Donnell

Murray

Kelley

Coyle

Rodgers





TITLE:

AUTHORIZING THE INSERTION IN BUDGET OF SPECIAL ITEM OF REVENUE AND APPROPRIATION – CHAPTER 159 – 2011 Safety Incentive Program Award

WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of Local Government Services may approve the insertion of any Special Item of Revenue in the budget of any municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and WHEREAS, said Director may also approve the insertion of an item of appropriation for an equal amount; and WHEREAS, the Borough of Caldwell has been awarded $1,000.00 from the Garden State Municipal Joint Insurance Fund and wishes to amend its 2012 Budget to include this amount as revenue. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Caldwell, hereby requests the Director of the Division of Local Government Services to approve insertion of an item of revenue in the Budget of the year 2012 in the sum of $1,000.00, which is now available as a revenue from: Miscellaneous Revenues:


2011 Safety Incentive Program Award BE IT FURTHER RESOLVED that a like sum of $1,000.00 be and is hereby appropriated under the caption of: General Appropriations

(a) Operations Excluded from “CAPS” Public and Private Programs Offset by Revenues: 2011 Safety Incentive Program Award





Hauser

O’Donnell

Murray

Kelley

Coyle

Rodgers





TITLE:

AUTHORIZING PAYMENT OF BILLS AND THE ISSUANCE OF CHECKS FOR THE PERIOD THROUGH JUNE 19, 2012 FOR 2012 BILLS IN THE TOTAL AMOUNT OF $4,120,550.88

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 2011 and/or 2012 appropriation for said purpose; NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Caldwell that the, Borough Administrator and Assistant Treasurer be and are hereby authorized to sign checks in payment of the bills set forth in the annexed schedule.





Hauser

O’Donnell

Murray

Kelley

Coyle

Rodgers





TITLE:

RESOLUTION AUTHORIZING AN AWARD OF CONTRACT FOR MILLING AND PAVING OF CHERRY LANE FOR AN AMOUNT OF $17,607.45 AS APPROPRIATED IN CAPITAL ORDINANCE #1248-12 FOR THE BOROUGH OF CALDWELL

WHEREAS, the Borough of Caldwell, pursuant to N.J.S.A. 40A:11-12a and N.J.A.C. 5:34-7.29(c), may by resolution and without advertising for bids, purchase any goods or services under the State of New Jersey Cooperative Purchasing Program for any State contracts entered into on behalf of the State by the Division of Purchase and Property in the Department of the Treasury; and WHEREAS, the Borough of Caldwell has the need on a timely basis to purchase goods or services utilizing the Morris County Cooperative Purchasing Council; and WHEREAS, the Borough of Caldwell has the need to mill and pave Cherry Lane; and WHEREAS, the Borough of Caldwell intends to enter into a contract with Tilcon New York Inc, 625 Mount Hope Road, Wharton, New Jersey 07885 through the Morris County Cooperative Purchasing Council for an amount of $17,607.45 as appropriated in capital ordinance #1248-12; and WHEREAS, the governing body of the Borough of Caldwell pursuant to N.J.A.C. 5:30-5.5(b), the certification of available funds, shall either certify the full maximum amount against the budget at the time the contract is awarded, or no contract amount shall be chargeable or certified until such time as the goods or services are ordered or otherwise called for prior to placing the order, and a certification of availability of funds is made by the Chief Finance Officer: NOW THEREFORE BE IT RESOLVED that the Borough of Caldwell authorizes the Borough Administrator to enter into a contract for the Borough of Caldwell as described herein;





Hauser

O’Donnell

Murray

Kelley

Coyle

Rodgers





TITLE:

RESOLUTION AUTHORIZING AN AWARD OF CONTRACT FOR MILLING AND PAVING OF OAK RIDGE ROAD FOR AN AMOUNT OF $17,999.00 AS APPROPRIATED IN CAPITAL ORDINANCE #1248-12 FOR THE BOROUGH OF CALDWELL

WHEREAS, the Borough of Caldwell, pursuant to N.J.S.A. 40A:11-12a and N.J.A.C. 5:34-7.29(c), may by resolution and without advertising for bids, purchase any goods or services under the State of New Jersey Cooperative Purchasing Program for any State contracts entered into on behalf of the State by the Division of Purchase and Property in the Department of the Treasury; and WHEREAS, the Borough of Caldwell has the need on a timely basis to purchase goods or services utilizing the Morris County Cooperative Purchasing Council; and WHEREAS, the Borough of Caldwell has the need to mill and pave Oak Ridge Road; and WHEREAS, the Borough of Caldwell intends to enter into a contract with Tilcon New York Inc, 625 Mount Hope Road, Wharton, New Jersey 07885 through the Morris County Cooperative Purchasing Council for an amount of $17,999.00 as appropriated in capital ordinance #1248-12; and WHEREAS, the governing body of the Borough of Caldwell pursuant to N.J.A.C. 5:30-5.5(b), the certification of available funds, shall either certify the full maximum amount against the budget at the time the contract is awarded, or no contract amount shall be chargeable or certified until such time as the goods or services are ordered or otherwise called for prior to placing the order, and a certification of availability of funds is made by the Chief Finance Officer: NOW THEREFORE BE IT RESOLVED that the Borough of Caldwell authorizes the Borough Administrator to enter into a contract for the Borough of Caldwell as described herein;





Hauser

O’Donnell

Murray

Kelley

Coyle

Rodgers





TITLE:

AUTHORIZING THE BOROUGH OF CALDWELL TAX COLLECTOR TO PREPARE AND MAIL ESTIMATED 2012 TAX BILLS IN ACCORDANCE WITH CHAPTER 72, P.L. 1994

WHEREAS, the Borough of Caldwell has submitted its 2012 Municipal Budget, as introduced and approved on April 17,

2012, to the Division of Local Government Services for review and certification and cannot adopt its budget until said certification by the Division is made to the Borough; and

WHEREAS, the Essex County Board of Taxation is unable to certify the Borough of Caldwell’s tax rate at this time and the Borough of Caldwell Tax Collector will be unable to mail the Borough 2012 tax bills on a timely basis; and WHEREAS, the Borough of Caldwell’s Tax Collector and Director of Finance have computed an estimated tax levy in accordance with NJSA 54:4-66.3, and have signed a certification showing the tax levies for the previous year, the tax rates and the range of permitted tax levies; and WHEREAS, in accordance with Chapter 72, P.L. 1994, the Borough of Caldwell’s Mayor and Council approves the estimated tax levy less than 105% listed below. Approval will enable the Borough to meet its financial obligations, maintain the tax collection rate, provide uniformity for tax payments and save the unnecessary cost of interest on borrowing. NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Caldwell, in the County of Essex, State of New Jersey on this 19th day of June 2012 as follows:

1. The Borough of Caldwell’s Tax Collector is hereby authorized and directed to prepare and issue estimated tax bills for the Borough for the third installment of 2012 taxes. The Tax Collector shall process upon approval for the Director and take such actions as permitted and required by P.L. 1994, c. 72 (NJSA 54:4-66.2 and 54:4-66.3).

2. The entire estimated tax levy for 2012 is hereby set at $24,164,801.53

In accordance with the law, the third installment of 2012 taxes shall not be subject to interest until the later of August 10, 2012 or the twenty-fifth calendar day after the estimated tax bills were mailed. The estimated tax bills shall contain a notice specifying the date on which interest may begin to accrue.





Hauser

O’Donnell

Murray

Kelley

Coyle

Rodgers





TITLE:

RESOLUTION AUTHORIZING THE PURCHASE OF ADDITIONAL SECURITY CAMERA EQUIPMENT FOR THE CALDWELL COMMUNITY CENTER IN AN AMOUNT NOT TO EXCEED $5,000

NOW THEREFORE BE IT RESOLVED that the Borough of Caldwell authorizes the Borough Administrator to purchase additional security camera equipment for the Caldwell Community Center in an amount not to exceed $5,000.





Hauser

O’Donnell

Murray

Kelley

Coyle

Rodgers





TITLE:

RESOLUTION AUTHORIZING THE BOROUGH ATTORNEY TO NEGOTIATE TEMPORARY PERMISSION FOR AN ACCESS AGREEMENT WITH PSE&G AND THE BOROUGH OF CALDWELL

NOW THEREFORE BE IT RESOLVED that the Borough of Caldwell authorizes the Borough Attorney to negotiate temporary permission for an access agreement with PSE&G and the Borough of Caldwell.





Hauser

O’Donnell

Murray

Kelley

Coyle

Rodgers





TITLE:

RESOLUTION AUTHORIZING THE BOROUGH ADMINISTRATOR TO NEGOTIATE AN AGREEMENT FOR THE MANAGEMENT OF THE COMPLETION OF THE CALDWELL SEWER PLANT UPGRADES WITH THE CALDWELL SEWER OPERATOR OR HATCH MOTT MACDONALD

NOW THEREFORE BE IT RESOLVED that the Borough Council of the Borough of Caldwell hereby authorizes the Borough Administrator to negotiate an agreement for the management of the completion of the Caldwell Sewer plant upgrades with the Caldwell Sewer Operator or Hatch Mott Macdonald.





Hauser

O’Donnell

Murray

Kelley

Coyle

Rodgers





TITLE:

RESOLUTION AUTHORIZING THE BOROUGH ADMINISTRATOR TO EXTEND A FULL-TIME EMPLOYMENT OFFER TO THE CHIEF FINANCIAL OFFICER AND MODIFY THE TERMS OF THE EXISTING AGREEMENT AT A SALARY TO BE ANNUALIZED

NOW THEREFORE BE IT RESOLVED that the Borough Council of the Borough of Caldwell hereby authorizes the Borough Administrator to extend a full-time employment offer to the Chief Financial Officer and modify the terms of the existing agreement at a salary to be annualized.

BOROUGH OF CALDWELL NEW JERSEY6BAC054F-223B...2012/06/19 · the Executive Session, the Governing Body may choose to resume the public portion of the meeting. The discussion, which

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