Borough of Roselle Park Meeting of June 6, 2019 Attendee Name Organization Title Status Arrived Joseph Petrosky Borough of Roselle Park Councilman P 7:07 PM William Fahoury Borough of Roselle Park Councilman P 7:07 PM Michael Connelly Borough of Roselle Park Councilman P 7:07 PM Jayme Lynn Negron Borough of Roselle Park Councilwoman P 7:07 PM Joseph DeIorio Borough of Roselle Park Councilman P 7:07 PM Robert Mathieu Borough of Roselle Park Councilman P 7:07 PM Joseph Signorello III Borough of Roselle Park Mayor P 7:07 PM Mayor Signorello called the meeting to order at 7:07 p.m. and said it was being held in accordance with the Open Public Meetings Act and adequate notice of this meeting has been provided as required by law. All contracts awarded by Mayor and Council must comply with the affirmative action requirements of P.L. 1975, C.172. (NJAC 17:27). As required by the Fire Prevention Code, he indicated the fire exits and the procedure to be followed in case of fire. A statement was read by the Mayor indicating that use of electronic devices by members of the Governing Body and Borough staff should be limited to Borough business. All communications are subject to the New Jersey Open Public Records Act. Borough Clerk Casais asked for a moment of silence for the 75 th Anniversary of D-Day; followed by a short prayer and the Pledge of Allegiance. Councilman Petrosky moved at 7:09 p.m. to pull Resolutions Nos. 171-19 and 177-19 from the Consent Agenda; seconded by Councilman Connelly, all members present voting Aye, said motion was adopted. Borough Clerk Casais read Resolutions Nos. 171-19 and 177-19 by title. The following resolutions were offered by Councilman Petrosky; seconded by Councilman Connelly. RESOLUTION NO. 171-19 BE IT RESOLVED by the Mayor and Council of the Borough of Roselle Park, County of Union, State of New Jersey that Vincent Picarelli of 714 Hamilton Place, Roselle Park, New Jersey 07204 be and is hereby appointed to the position of Probationary Patrolman (7-12 months probation) in the Roselle Park Police Department, at an annual salary of $57,353.17 effective July 1, 2019 for a twelve (12) month period ending June 30, 2020. RESOLUTION NO. 177-19 BE IT RESOLVED by the Mayor and Council of the Borough of Roselle Park, County of Union, State of New Jersey that Anthony Mastrocola III of 708 Dorian Road, Westfield, New Jersey 07090 be and is hereby appointed to the position of Probationary Patrolman (7-12 months probation) in the Roselle
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Borough of Roselle Park Meeting of June 6, 2019
Attendee Name Organization Title Status Arrived
Joseph Petrosky Borough of Roselle Park Councilman P 7:07 PM
William Fahoury Borough of Roselle Park Councilman P 7:07 PM
Michael Connelly Borough of Roselle Park Councilman P 7:07 PM
Jayme Lynn Negron Borough of Roselle Park Councilwoman P 7:07 PM
Joseph DeIorio Borough of Roselle Park Councilman P 7:07 PM
Robert Mathieu Borough of Roselle Park Councilman P 7:07 PM
Joseph Signorello III Borough of Roselle Park Mayor P 7:07 PM
Mayor Signorello called the meeting to order at 7:07 p.m. and said it was being held in
accordance with the Open Public Meetings Act and adequate notice of this meeting has been provided as
required by law.
All contracts awarded by Mayor and Council must comply with the affirmative action
requirements of P.L. 1975, C.172. (NJAC 17:27).
As required by the Fire Prevention Code, he indicated the fire exits and the procedure to be
followed in case of fire.
A statement was read by the Mayor indicating that use of electronic devices by members of the
Governing Body and Borough staff should be limited to Borough business. All communications are
subject to the New Jersey Open Public Records Act.
Borough Clerk Casais asked for a moment of silence for the 75th Anniversary of D-Day; followed
by a short prayer and the Pledge of Allegiance.
Councilman Petrosky moved at 7:09 p.m. to pull Resolutions Nos. 171-19 and 177-19 from the
Consent Agenda; seconded by Councilman Connelly, all members present voting Aye, said motion was
adopted.
Borough Clerk Casais read Resolutions Nos. 171-19 and 177-19 by title.
The following resolutions were offered by Councilman Petrosky; seconded by Councilman
Connelly.
RESOLUTION NO. 171-19
BE IT RESOLVED by the Mayor and Council of the Borough of Roselle Park, County of Union,
State of New Jersey that Vincent Picarelli of 714 Hamilton Place, Roselle Park, New Jersey 07204 be and
is hereby appointed to the position of Probationary Patrolman (7-12 months probation) in the Roselle Park
Police Department, at an annual salary of $57,353.17 effective July 1, 2019 for a twelve (12) month
period ending June 30, 2020.
RESOLUTION NO. 177-19
BE IT RESOLVED by the Mayor and Council of the Borough of Roselle Park, County of Union,
State of New Jersey that Anthony Mastrocola III of 708 Dorian Road, Westfield, New Jersey 07090 be
and is hereby appointed to the position of Probationary Patrolman (7-12 months probation) in the Roselle
Park Police Department, at an annual salary of $57,353.17 effective July 1, 2019 for a twelve (12) month
period ending June 30, 2020.
Vote Record – Resolutions #171-19 and #177-19
Adopted Adopted as Amended Defeated Tabled Withdrawn
Yes/Aye No/Nay Abstain Absent
Petrosky
Fahoury
Connelly
Negron
DeIorio
Mathieu
Signorello
Patrolmen Picarelli and Mastrocola were administered their oath of service by Mayor Signorello
as their families looked on. The oaths were followed by brief congratulatory and welcoming remarks from
Police Chief McCaffery and Mayor Signorello.
PROCLAMATIONS & PRESENTATIONS
1. Business of the Month: Susie Karlik Dance Sensation
2. Proclamation: Gun Violence Awareness Day 2019
COMMUNICATIONS
Borough Clerk Casais read the listed Communications into the record.
Councilman Petrosky moved the following communications; seconded by Councilman Connelly,
all members present voting Aye, said motion was adopted.
1. A request from the residents of Berwyn Street to hold a Block Party on Saturday, June 22,
2019 from 12:00 p.m. until 10:00 p.m., with a rain date of Saturday, June 29, 2019.
2. A request from the Potter House to host a concert on Saturday, June 22, 2019 from 2:00 p.m.
until 7:00 p.m. in Michael J. Mauri Park (subject to insurance and indemnification
requirements).
3. A request from the Potter House to host a 3-on-3 basketball tournament at the Aldene Park
basketball courts on July 27, 2019 from 12:00 p.m. (noon) until 6:00 p.m. (subject to
insurance and indemnification requirements; and recommendations of the Chief of Police).
APPROVAL OF MINUTES
Councilman Petrosky moved to approve the following minutes, pending any corrections;
seconded by Councilman Connelly, all members present voting Aye, said motion was adopted.
1. Regular Meeting and Closed Session of May 16, 2019
MOTION BILLS & PAYROLLS BE NOT READ AND PASSED FOR PAYMENT
Councilman Petrosky moved that bills and payrolls be not read and passed for payment; seconded
by Councilman Connelly, all members present voting Aye, said motion was adopted.
PUBLIC PORTION
Councilman Petrosky moved at 7:29 p.m. to open the public comment portion of the meeting on
agenda items only; seconded by Councilman Connelly, all members present voting Aye, said motion was
adopted.
Chris Shoemaker, 71B Woodside Gardens
Stated that he was not happy with the proposed amendments to the Code as outlined in
Ordinance No. 2576.
Borough Attorney Kantor provided rationale for the Ordinance as well as information about the
case and state law on the matter as upheld by the New Jersey Supreme Court. He further noted that the
code, if left un-amended, was in conflict with the State Law.
Dave Robertson, 220 West Sumner Avenue
Stated that he liked the intent of Ordinance No. 2574, but expressed his feeling that it was not
strict enough; stated vendors should be treated the same.
There being no one else wishing to speak, Councilman Petrosky moved at 7:32 p.m. to close the
public comment portion of the meeting on agenda items only; seconded by Councilman Connelly, all
members present voting Aye, said motion was adopted.
PASSAGE OF ORDINANCES
SECOND READING AND PUBLIC HEARING
Borough Clerk Casais read the following Ordinance by title:
ORDINANCE NO. 2575
AN ORDINANCE OF THE BOROUGH ROSELLE PARK, IN THE COUNTY OF UNION,
NEW JERSEY APPROVING APPLICATION FOR A LONG TERM TAX EXEMPTION
AND AUTHORIZING THE EXECUTION OF A FINANCIAL AGREEMENT WITH
MERIDIA AT PARK SQUARE URBAN RENEWAL, ROSELLE PARK, LLC
Councilman Petrosky moved to open the public hearing on Ordinance No. 2575; seconded by
Councilman Connelly, all members present voting Aye, said motion was adopted.
Dave Robertson, 220 West Sumner Avenue
Stated that the measure passed on 5-1 vote at the time of introduction.
Stated there was opposition to the PILOT from the Board of Education; but that those
concerns were something to be worked out between the Board of Education and Mayor and
Council at time progressed.
Stated his belief that data provided by Councilman DeIorio was inaccurate; particularly
related to the suggested influx of school age children; stated his belief that the Councilman’s
estimates were far too high.
Stated that he spoke to existing building superintendents to verify his own statements.
Made note about misinformation about COAH unit breakdowns; noted that all units would be
one bedroom with no three bedroom units at all.
Discussed Councilman DeIorio’s comments about parking and disputed the findings; likewise
discussed the assessments and comments made about traffic flows.
Stated that he believed the PILOT should be approved.
Mayor Signorello stated that he agreed with Mr. Robertson’s comments.
There being no one else wishing to speak, Councilman Petrosky moved to close the public
hearing on Ordinance No. 2575; seconded by Councilman Connelly, all members present voting Aye,
said motion was adopted.
Councilman Petrosky moved that Ordinance No. 2575 be adopted on second reading and
advertised as prescribed by law; seconded by Councilman Connelly.
Councilman DeIorio stated that he stood by the data he received by the Board of Education.
Mayor Signorello asked Councilman DeIorio about his points of data comparison; particularly
related to old and newly proposed housing stock.
Councilman DeIorio stated sizes were comparable, but that rents were not compared at all. Stated
he looked at historical discussions and meeting minutes.
Councilman DeIorio made note of his COAH analysis; confirmed with Financial Consultant
Michael Hanley, Redevelopment Attorney Joseph Baumann and Borough Clerk Andrew Casais about
bedroom breakdowns within backdrop of statute.
Mr. Hanley and Mr. Baumann stated that solely one bedroom COAH units were acceptable for
this project as the Borough had no existing obligation to provide additional units at all. They stated in
agreement that if there was an obligation to provide COAH units as part of the project, they would have to
be distributed amongst one, two, and three bedroom configurations as required by State regulation.
Borough Clerk Casais noted that the Borough received a supportive opinion from COAH Counsel
regarding the use of solely one bedroom COAH units.
Councilman Mathieu asked for a high level breakdown of the PILOT.
Mr. Hanley and Mr. Baumann provided a breakdown of items; specifically how vetting is and
was conducted; particularly the “if not for” test with regard to project viability.
Councilman Mathieu clarified that revenues are based on gross revenues.
Councilman DeIorio asked for clarification on possible appeals going into staging in year 20-21.
Mr. Baumann stated that tax appeals were possible.
Councilman DeIorio noted he stood by the school children number gathered; believed existing
data statewide is not reflective of Roselle Park.
Mayor Signorello questioned the analysis of Councilman DeIorio.
Councilwoman Negron stated that she voted yes on the PILOT, but has heard input from six
residents saying to vote “no” on the PILOT; asked what would happen if PILOT not approved.
Mr. Baumann stated that the property could be held by the developer without action.
Councilwoman Negron asked if PILOT could be tabled unit the Land Use Board could consider
Site Plan approval and then considered later.
Mr. Baumann stated there is no legal reason for that not to happen; but that there is a cost to the
developer for obtaining Site Plan approval.
Discussion ensued amongst the Governing Body about the project and the merits of considering
Site Plan review before the final vote on the PILOT.
Councilwoman Negron moved to table Ordinance No. 2575 until the Municipal Land Use Board
approves the Site Plan for the project; seconded by Councilman DeIorio.
Vote Record – Table Ordinance No. 2575 until MLUB Approves Site Plan
Adopted Adopted as Amended Defeated Tabled Withdrawn
Yes/Aye No/Nay Abstain Absent
Petrosky
Fahoury
Connelly
Negron
DeIorio
Mathieu
Signorello
INTRODUCTION
Borough Clerk Casais read the following Ordinance by title:
ORDINANCE NO. 2574
AN ORDINANCE AMENDING CHAPTER II, ARTICLE I, OF THE CODE OF
THE BOROUGH OF ROSELLE PARK INSERTING SECTION 2-7, A RESERVED
SECTION, TO BE ENTITLED “REDEVELOPMENT PAY-TO-PLAY REFORM”
WHEREAS, the Borough of Roselle Park (the “Borough”) and the State of New Jersey have
increasingly been sought out by developers with an interest in redevelopment; and,
WHEREAS, residents across the State of New Jersey have increasingly become skeptical over the
true motives of their elected officials when negotiating and approving redevelopment projects; and,
WHEREAS, local political contributions from developers, their subcontractors and
representatives, applying for or seeking approvals from the Borough, may raise reasonable concerns on
the part of taxpayers as to their trust in the process of local government; and,
WHEREAS, the Borough may seek or be offered financial support through sponsorships and the
like, to support existing or new programs from developers, their subsidiaries, or representatives who may
be seeking approvals from the Borough to which may give the appearance of conflict and impropriety,
and diminish the trust of the taxpayer; and,
WHEREAS, pursuant to N.J.S.A. 40:48-2, municipalities have the right to make, amend, repeal
and enforce such other Ordinances, regulations, rules and by-laws not contrary to the laws of this state or
of the United States, as it may deem necessary and proper for good government; and,
WHEREAS, nothing contained herein shall be interpreted to impair in any way the right of a
developer secured by the First Amendment of the Constitution of the United States of America and
further secured by Article 1, Paragraph 6 of the Constitution of the State of New Jersey to exercise its
right to freedom of speech and its right to speak, write and publish its sentiments on all subjects.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of Roselle
Park, County of Union and State of New Jersey that Chapter II, Article I of the Code of the Borough of
Roselle Park be and hereby is amended so as to insert Section 2-7 as follows:
SECTION 1. Section Title
2-7 RESERVED. REDEVELOPMENT PAY-TO-PLAY REFORM.
SECTION 2. Purpose
2-7.1 Policy and Purpose.
The policy of the Borough of Roselle Park shall be to create such a regulation which
states that a developer, as defined by this Ordinance, shall not make certain political
contributions to any Borough of Roselle Park candidate for Mayor or Borough of Roselle
Park Council, Borough of Roselle Park political campaign committee, Union County
Democratic Committee, Union County Republican Committee or to any political action
committee (PAC) which regularly engages in the support of candidates for the Borough of
Roselle Park municipal elections.
SECTION 3. Prohibiting Agreements with Certain Contributors
2-7.2 Prohibition of Entering into or Amending Redevelopment Agreements with
Certain Contributors.
a. Any other provision of law to the contrary notwithstanding, the Borough of
Roselle Park, shall not enter into an agreement, amend an agreement, or otherwise contract
with any redeveloper, for the planning, re-planning, construction or undertaking of any
redevelopment project, including the acquisition or leasing of any public property in
conjunction with the redevelopment of any area within the Borough of Roselle Park
pursuant to the Local Redevelopment and Housing Law, if that redeveloper has made any
contribution of money or pledge of a contribution, including in-kind contributions, during
the applicable time period as specified below, to any Borough of Roselle Park candidate for
Mayor or Borough of Roselle Park Council, Borough of Roselle Park political campaign
committee, Union County Democratic Committee, Union County Republican Committee or
to any political action committee (PAC) which regularly engages in the support of
candidates for the Borough of Roselle Park municipal elections.
b. For purposes of this section, the "applicable time period" shall be defined as
the time period between the date that the property which is the subject of the
redevelopment project has been included in a memorializing Resolution adopted by the
governing body directing the Municipal Land Use Board to conduct a preliminary
investigation to determine if the site is in need of redevelopment pursuant to and in
accordance with the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12-1
et seq., and the date of entering into the redevelopment agreement, or the twelve (12)
months prior to entering into the agreement.
c. All redevelopment agreements or amendments thereto entered into by the
Borough of Roselle Park shall contain a provision prohibiting redevelopers as defined in
paragraph d. from soliciting or making any contribution of money or pledge of a
contribution including in-kind contributions to any Borough of Roselle Park candidate for
Mayor or Borough of Roselle Park Council, Borough of Roselle Park political campaign
committee, Union County Democratic Committee, Union County Republican Committee or
to any political action committee (PAC) which regularly engages in the support of
candidates for the Borough of Roselle Park municipal elections, between the time of first
communication between that redeveloper and the municipality regarding a redevelopment
project and the later of the termination of negotiations or the completion of all matters
specified in the redevelopment agreement.
d. As defined in N.J.S.A. 40A:12A-3, a "redeveloper" means any person, firm,
corporation or public body that shall enter into or propose to enter into a contract with a
municipality or other redevelopment entity for the redevelopment or rehabilitation of an
area in need of redevelopment, or an area in need of rehabilitation, or any part thereof,
under the provisions of this section, or for any construction or other work forming part of a
redevelopment or rehabilitation project. For the purposes of this section the definition of a
redeveloper includes all principals who own ten (10%) percent or more of the equity in the
corporation or business trust, partners and officers in the aggregate employed by the
provider as well as any affiliates or subsidiaries directly controlled by the redeveloper.
Spouses and adult children at home shall also be included.
SECTION 4. Commencement of Enforcement
2-7.3 Contributions Made Prior to the Effective Date.
No contribution of money or any other thing of value, including in-kind
contributions, made by a redeveloper to any Borough of Roselle Park candidate for Mayor
or Borough of Roselle Park Council or Borough of Roselle Park political campaign
committee shall be deemed a violation of this section nor shall an agreement for
redevelopment projects of any kind whatsoever be disqualified thereby if that contribution
or agreement was made by the redeveloper prior to the effective date of this section.
SECTION 5. Noticing and Sworn Statement
2-7.4 Notice Given by Municipality; Sworn Statement of Redeveloper.
a. It shall be the municipality's continuing responsibility to give notice of this
section when the municipality gives notice of redevelopment pursuant to N.J.S.A. 40A:12A-
6 and when the municipality adopts a Resolution directing the Planning Board to prepare a
redevelopment plan and at the time that the municipality adopts the Ordinance to
implement the redevelopment plan.
b. Prior to arranging and entering into the redevelopment agreement with any
redeveloper, the Borough of Roselle Park, shall receive a sworn statement from the
redeveloper that the redeveloper has not made any contribution in violation of subsection 2-
7.1a. above. Furthermore, the redeveloper shall have a continuing duty to report any
violations of this section that may occur while arranging and entering into the
redevelopment agreement and until all specified terms of the agreement have been
completed. The sworn statement required under this section shall be made prior to entry
into the agreement with the municipality and shall be in addition to any other certifications
that may be required by any other provision of law.
SECTION 6. No Circumvention of Law
2-7.5 No Circumvention using Contribution from Consultants.
Any redeveloper who participates in, or facilitates, the circumvention of the
contribution restrictions through consultants or professionals shall be deemed to be in
breach of the provisions of this section.
SECTION 7. Curable Offense
2-7.6 Return of Excess Contributions.
A redeveloper or municipal candidate or officeholder or municipal or county party
committee or PAC referenced in this section may cure a violation of subsection 2-7.2 and
deemed not to be in breach, if, within thirty (30) days after the cited violation, the
redeveloper notifies the Municipal Council in writing and seeks and receives
reimbursement of a contribution from the municipal candidate or municipal party
committee referenced in this section.
SECTION 8. Penalties.
2-7.7 Penalty.
a. It shall be a breach of the terms of the Borough of Roselle Park
redevelopment agreement for a redeveloper to:
1. Make or solicit a contribution in violation of this section;
2. Knowingly conceal or misrepresent a contribution given or received;
3. Make or solicit contributions through intermediaries for the purpose of
concealing or misrepresenting the source of the contribution;
4. Make or solicit any contribution on the condition or with the agreement that
it will be contributed to any Borough of Roselle Park candidate for Mayor
or Borough of Roselle Park Council or Borough of Roselle Park political
campaign committee;
5. Engage or employ a lobbyist or consultant with the intent or understanding
that such lobbyist or consultant would make or solicit any contribution,
which if made or solicited by the redeveloper itself, would subject that entity
to the restrictions of this section;
6. Fund contributions made by third parties, including consultants, attorneys,
family members, and employees;
7. Engage in any exchange of contributions to circumvent the intent of this
section; or,
8. Directly or indirectly, through or by any other person or means, do any act
which would subject that entity to the restrictions of this section.
b. Furthermore, any redeveloper who violates subparagraph 1 through 8 of
paragraph a of this subsection shall be disqualified from eligibility for future Borough of
Roselle Park redevelopment agreements for a period of four (4) calendar years from the
date of the violation.
SECTION 9. Invalidity
If any section or portion of a section of this Code shall be invalid for any reason, such invalidity
shall not affect the validity of the remaining sections or portions of this Ordinance.
SECTION 10. Inconsistent Ordinances Repealed.
All Ordinances or parts of Ordinances, to the extent that they are inconsistent herewith, are
hereby repealed.
SECTION 11. Captions.
Captions contained in this Ordinance have been included only for the purpose of facilitating
reference to the various sections and are not intended and shall not be utilized to construe the intent and
meaning of the text of any section. Likewise, all strike through text should be considered a deletion, and
all bolded text should be considered an addition.
SECTION 12. Effective Date.
This amendment to the Code of the Borough of Roselle Park shall become effective upon
publication and in accordance with law.
Councilman Petrosky moved that Ordinance No. 2574 be adopted on first reading and advertised
as prescribed by law for second reading and public hearing on June 20, 2019; seconded by Councilman
Connelly.
Councilman DeIorio moved to amend Ordinance No. 2574 per certain recommendations of
Redevelopment Counsel; seconded by Councilwoman Negron, all members present voting Aye, said
motion was adopted.
Councilman Petrosky moved that Ordinance No. 2574 as amended be adopted on first reading
and advertised as prescribed by law for second reading and public hearing on June 20, 2019; seconded by
Councilman Connelly.
Vote Record – Ordinance No. 2574 as Amended
Adopted Adopted as Amended Defeated Tabled Withdrawn
Yes/Aye No/Nay Abstain Absent
Petrosky
Fahoury
Connelly
Negron
DeIorio
Mathieu
Signorello
Borough Clerk Casais read the following Ordinance by title:
ORDINANCE NO. 2576
AN ORDINANCE AMENDING CHAPTER III, SECTION 3-16, OF THE CODE
OF THE BOROUGH OF ROSELLE PARK ENTITLED “POLICE REGULATIONS;
REGISTERED SEX OFFENDER PROHIBITION ZONES”
WHEREAS, the Borough of Roselle Park (the “Borough”) has been informed of inconsistencies
between certain portions of Borough Code and prevailing case law within the State of New Jersey (the
“State”); and,
WHEREAS, such case law shall be more particularly defined as G.H. v. Galloway Township as
decided in the Appellate Division of the Superior Court of the State; and,
WHEREAS, such conflicting Borough Code may be more particularly defined as Section 16,
“Registered Sex Offender Prohibition Zones,” of Chapter III, “Police Regulations,” as adopted on
October 19, 2006 through passage of Borough Ordinance No. 2188; and,
WHEREAS, after review by the Borough’s Police Department and legal counsel, it is their joint
recommendation that amendments be made to the existing code that ensure compliance with prevailing
case law.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of Roselle
Park, County of Union and State of New Jersey that Chapter III, Section 3-16 of the Code of the Borough
of Roselle Park be and hereby is amended as follows:
SECTION 1. Section Title
3-16 REGISTERED SEX OFFENDER PROHIBITION ZONES.
SECTION 2. Purpose
3-16.1 Findings and Declarations.
The Mayor and Council find and declare that the health, safety and welfare of children
will be enhanced by prohibiting registered sex offenders from residing or loitering within the
Borough of Roselle Park within one thousand five hundred (1,500) feet three hundred (300) feet
of any school, (public, private or parochial) preschool, daycare center, church, park, playground,
recreational area, youth center, group home for disabled, or school bus stop located within the
Borough of Roselle Park or adjacent municipalities.
SECTION 3. Definitions
3-16.2 Definitions.
As used in this section:
Loitering shall mean, whether on foot or in a motor vehicle, a person who wanders or
remains idle in essentially one location, sits, lounges, loafs, walks about aimlessly, or
repeatedly frequents the same location, repeatedly circles in a motor vehicle.
Prohibited Area shall mean the area within one thousand five hundred (1,500) three
hundred (300) feet from the real property upon which any school, (public, private or
parochial) preschool, daycare center, church, park, playground, recreational area, youth
center, group home for disabled, or school bus stop is located, whether within the
Borough or adjacent municipalities.
Prohibited Area Map shall mean a map approved and adopted pursuant to this section
depicting the prohibited area.
Registered Sex Offender shall mean any person over the age of eighteen (18) who is
required to register pursuant to N.J.S.A. 2C:7-1 et seq., the New Jersey Sex Offender
Registration and Notification Statute ("Megan's Law").
School Bus Stop shall mean an area designated by the school district, by any receiving
district, or by any County jointure commission as a school bus stop where children
regularly congregate for the purpose of boarding and debarking from a school bus.
SECTION 4. Mapping
3-16.3 Adoption of Prohibited Area Map.
The prohibited area map prepared by the Borough Engineer and adopted by the Mayor
and Council by a Resolution and as may be amended from time to time by Resolution, depicting
the locations and areas within the Borough or property which comprise of school, (public, private
or parochial) preschool, daycare center, church, park, playground, recreational area, youth center,
group home for disabled, or school bus stop, and all areas within one thousand five hundred
(1,500) three hundred (300) feet from such properties, shall be kept on file with the Borough
Clerk and shall serve as an official finding and record of the prohibited area.
SECTION 5. Loitering Prohibition
3-16.4 Residency and Loitering Prohibited.
A registered sex offender shall not reside or loiter within a prohibited area.
SECTION 6. Exceptions to Loitering Prohibition
3-16.5 Exceptions to “Residency and Loitering Prohibited.”
a. Any person who is registered to serve a sentence at a jail, prison, juvenile facility
or other correctional institution or facility which is located within a prohibited area.
b. Any person who is both a record title owner and an occupant of a residence
within the prohibited area as of the date of the adoption of this section.
SECTION 7. Enforcement
3-16.6 Enforcement.
This section shall be enforced by the Roselle Park Police Department. The Chief of
Police shall cause a copy of this section and the prohibited area map to be provided to each
registered sex offender who has registered under Megan's Law and who is residing within the
Borough.
SECTION 8. Defenses
3-16.7 Defenses.
It shall be no defense to prosecution for a violation of this section that the actor was
unaware that the prohibited conduct occurred within a prohibited area, nor shall it be a defense to
prosecution under this section that no juveniles were present within any prohibited area at the
time of the offense. To the extent that a registered sex offender has not registered under Megan's
Law, it shall not be a defense to prosecution under this section that the registered sex offender
was not provided with a copy of this section or the prohibited area map.
SECTION 9. Use of Map
3-16.8 Use of Prohibited Area Map.
In a prosecution under this section, a true copy of the prohibited area map shall, upon
proper authentication, be admissible and shall constitute prima facie evidence of the location and
boundaries of the prohibited area. Nothing in this section shall be construed to preclude the
prosecution from introducing or relying upon other evidence or testimony to establish any
element of this offense; nor shall this section be construed to preclude the use or admissibility of
any map or diagram other than one which has been approved by the Mayor and Council, provided
that the map or diagram is otherwise admissible pursuant to the applicable rules of evidence.
SECTION 10. Violations and Penalties
3-16.9 Violations and Penalties.
Any person who is convicted of violating any of the provisions of this section shall, upon
conviction of a first offense, be punished by a fine of not less than one hundred ($100.00) dollars
nor more than one thousand two hundred fifty ($1,250.00) dollars and/or by imprisonment or
community service not exceeding ninety (90) days.
Any person who is convicted of violating this section within one (1) year of the date of a
previous violation of this section shall be punished by an additional fine of one thousand two
hundred fifty ($1,250.00) dollars and/or by imprisonment or community service not to exceed six
(6) months.
SECTION 11. Repeal of Section 3-16.10
3-16.10 Current Residencies. Reserved.
Any registered sex offender who currently resides in a prohibited area can be prosecuted
under this section as a result of that residency unless or until he or she relocates to a different
residence within the prohibited area. However, any such registered sex offender who currently
resides in the prohibited area can be prosecuted for a violation under the loitering provision of
this section.
SECTION 12. Repeal of Section 3-16.11
3-16.11 Miscellaneous. Reserved.
a. All ordinances or parts of ordinances inconsistent herewith are hereby repealed to
the extent of such inconsistency.
b. If any portion of this section shall be determined to be invalid, such
determination shall not affect the validity of the remaining portions of the ordinance.
SECTION 13. Invalidity
If any section or portion of a section of this Code shall be invalid for any reason, such invalidity
shall not affect the validity of the remaining sections or portions of this Ordinance.
SECTION 14. Inconsistent Ordinances Repealed.
All Ordinances or parts of Ordinances, to the extent that they are inconsistent herewith, are
hereby repealed.
SECTION 15. Captions.
Captions contained in this Ordinance have been included only for the purpose of facilitating
reference to the various sections and are not intended and shall not be utilized to construe the intent and
meaning of the text of any section. Likewise, all strike through text should be considered a deletion, and
all bolded text should be considered an addition.
SECTION 16. Effective Date.
This amendment to the Code of the Borough of Roselle Park shall become effective upon
publication and in accordance with law.
Discussion ensued amongst the governing body about the controversial nature of the proposed
amendments.
Councilwoman Negron stated that she understood that case law would prevail in this case, but felt
it was not appropriate for her to vote in the affirmative based on being a mother and girl scout leader.
Borough Attorney Kantor reiterated his earlier comments about the Ordinance and stated that by
not amending the Code the Borough was not adequately providing the Police Department with the tools it
needed to correctly and effectively enforce the law related to sex offenders.
Councilwoman Negron inquired as to where the Ordinance came from.
Mayor Signorello deferred to Borough Clerk Casais for an explanation.
Borough Clerk Casais stated that the matter was brought to his and legal counsel’s attention by
the Roselle Park Police Department’s Detective Bureau. He further stated that the matter was brought to
their attention through their investigative network and the Union County Prosecutors office; it was their
recommendation that the Borough amend its code to reflect the provisions of case law.
Councilman DeIorio stated he felt the Borough needed to send a strong message about its stance
on the issue and could therefore not support the Ordinance.
At the recommendation of Borough Attorney Kantor, Councilman Petrosky moved to amend
Ordinance No. 2576 to refine the definition of “Loitering” so as to remove the phrase “repeatedly
frequents the same location;” seconded by Councilman Connelly, all members present voting Aye, said
motion was adopted.
Councilman Petrosky moved that Ordinance No. 2576 as amended be adopted on first reading
and advertised as prescribed by law for second reading and public hearing on June 20, 2019; seconded by
Councilman Connelly.
Vote Record – Ordinance No. 2576 as Amended
Adopted Adopted as Amended Defeated Tabled Withdrawn
Yes/Aye No/Nay Abstain Absent
Petrosky
Fahoury
Connelly
Negron
DeIorio
Mathieu
Signorello
RESOLUTIONS
Borough Clerk Casais read all Resolutions by title into the record.
The following resolutions listed on Consent Agenda were offered by Councilman Petrosky;
seconded by Councilman Connelly, all members present voting Aye, said motion was adopted.
RESOLUTION NO. 172-19
WHEREAS, Miguel Martinez is currently employed and assigned by the Borough of Roselle
Park as a Per-Diem Police Dispatcher within the Roselle Park Police Department; and,
WHEREAS, it is the recommendation of the Chief of Police to transfer the aforementioned
employee to facilitate efficient departmental operations; and,
WHEREAS, the governing body is in agreement with the recommendation of the Chief of Police.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Roselle
Park, County of Union, State of New Jersey that Miguel Martinez, Per-Diem Police Dispatcher within the
Roselle Park Police Department, be and is hereby transferred to the position of Part-Time Clerical
Employee assigned to the Roselle Park Police Department at a $16.56 hourly rate of pay effective
immediately.
RESOLUTION NO. 173-19
BE IT RESOLVED that the Mayor and Council of the Borough of Roselle Park, County of
Union, State of New Jersey hereby accept the resignation of Jamie O’Connell from the Arts Committee
effective May 20, 2019.
RESOLUTION NO. 175-19
BE IT RESOLVED by the Mayor and Council of the Borough of Roselle Park, County of Union,
State of New Jersey that the Tax Collector is authorized to direct the Treasurer to issue a check in the
amount of $2,323.00 to be refunded for duplicate payment of 2nd
quarter 2019 taxes on Block 1002, Lot
18 (337 East Lincoln Avenue, Roselle Park, New Jersey 07204) and assessed in the name of Edward De
Jesus & Jennifer Barrios De Jesus; and,
BE IT FURTHER RESOLVED that it be noted that the aforementioned overpayment was created
due to a refinance of the property, the request for refund was made by Pennymac, and the refund shall be
made to the Pennymac Tax Department.
RESOLUTION NO. 176-19
WHEREAS, all Plenary Retail Consumption, Retail Distribution, Limited Distribution and Club
Licenses will expire on June 30, 2019; and,
WHEREAS, the following applicants have complied with the provisions of the Act of the
Legislature entitled, “An Act Concerning Alcoholic Beverages”, being Chapter 436 of the Laws of 1933,
its supplements and amendments, and with the Rules and Regulations issued or to be promulgated by the
State Commissioner of Alcoholic Beverage Control applicable.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Roselle
Park, County of Union, State of New Jersey that the Borough Clerk be and is hereby authorized to issue
licenses effective July 1, 2019 to expire June 30, 2020, to the following:
PLENARY RETAIL CONSUMPTION LICENSES - $1,500.00
2015-33-010-006 Ocean Castle, Inc., 9 W. Westfield Avenue, Roselle Park, NJ 07204
t/a Vintage Italian Restaurant & Catering
2015-33-015-004 Caracitas Corporation, 157 E. Westfield Avenue, Roselle Park, NJ 07204
t/a Vinhus Restaurant & Lounge
2015-33-004-008 Willow Kacie, LLC, 600 W. Westfield Avenue, Roselle Park, NJ 07204