RP M&C Meeting (October 20, 2011)

8/3/2019 RP M&C Meeting (October 20, 2011)

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10/2012011 3:51 PM

REGULAR MEETING - OCTOBER 20,2011READ PUBLIC MEETINGS LAWARTICLE:ROLLCALL:PLEDGE OF ALLEGIANCE:

COMMUNICATIONS:1 Request from the residents of the 400 block of Spruce Street to close the street for a familybirthdayparty on Sunday, November 6,2011 from 10:00 a.m. until 10:00 p.m., with a raindate of Saturday, November 12,2011.

* REPORTOF STANDING COMMITTEES AND OTHERMAYORAND COUNCIL COMMITTEES*REPORTS OF DEPARTMENTS

.. Administrative Assistant Report for September 10,2011 through October 7,2011Treasurer Report for September 30, 2011Municipal CourtReportfor September 2011

*MINUTES TO BE APPROVED, PENDING ANY CORRECTIONS:RegularMeeting:September15,20 11

* MOTIONBILLS & PAYROLLS BE NOT READ:*MOTION BILLS AND PAYROLLS BE PASSED FOR PAYMENTPUBLIC COMMENT:

ORDINANCES FOR INTRODUCTION: COUNCILMAN MIRANDAORD. No. 2340 AN ORDINANCE AMENDING ARTICLE XXXIX, OF THE CODEOF THE BOROUGH OF ROSELLE PARK TO INCLUDE THE"BOROUGH OF ROSELLE PARK OPERATING MANUAL FORTHE ADMINISTRATION OF REHABILITATION UNITS", DATEDSEPTEMBER2011

ORD. No. 2343 AN ORDINANCE AMENDING CHAPTER XL (40), ARTICLE XXX,SECTION 40-3002.C3c, OF THE CODE OF THE BOROUGH OFROSELLE PARK REGARDING SIGNS


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10/20/2011 3:51 PM

"ALL MATTERS LISTED WITH AN ASTERISK (* ) ARE CONSIDERED TO BEROUTINE AND NON-CONTROVERSIAL BY THE COUNCIL AND WILL BEAPPROVED BY ONE MOTION. THEREWILL BE NO SEPARATE DISCUSSION OFTHESE ITEMS UNLESS A MEMBER OF THE GOVERNING BODY SO REQUESTS,IN WHICH CASE THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDAAND CONSIDERED IN ITS NORMAL SEQUENCE ON THE AGENDA AS PART OFTHE GENERAL ORDERS."************************************************************************************************************************************************************RESOLUTIONS:* #208-11 - Authorizing the cancellation of sewer utility charges for the years 2010 and 2011

* #209-11 - Urging Governor Christie and legislators to provide funding for the remaining 25%of costs related to Hurricane Irene not covered by FEMA

* #210-11 - Amending solid waste disposal contract with Suburban Disposal to includeChange Order #1 in the amount not to exceed $9,500* #211-11 - Authorizing the Collector to bill Sewer Utility for the year 2011 on Block 11l3/Lot7*#212-11 -Amending Resolution No. 40-11 to amend the salary of the Municipal AllianceCoordinator* #213-11 - Renewal ofLiquor License #2015-33-012-004 (Solar Do Minho) with SpecialConditions* #214-11 - Amending Resolution No. 19-11 to increase the maximum amount specified for theTax Appeal Attorney in the amount not to exceed an additional $5,000.00 for amaximum amount of$12,500.00

A u t h c ~ r i z i n g theCollector to extend the due date for payment of4th quarter 2011na\rme:nts to November 23,2011MATTERS FOR REFERRAL TO COMMITTEE OR COUNCILMOTION:

MAYORACCARDI: Appointment.ofCasey Cullen to the Environmental Commission.. Appointment ofKaitlyn Tobe as a member ofthe Roselle Park Fire Patrol,effective immediately, to be assigned to the Faitoute Hose Company.


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10/20/2011 3:51 PM

CLOSED SESSION FOR THE DISCUSSION OF NEGOTIATIONS, LITIGATIONAND PERSONNEL MATTERSADJOURNMENT

NEXT REGULAR SCHEDULEDMEETING OF THE MAYOR AND COUNCILWILL BE HELD ONNOVEMBER 3,2011


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ORDINANCE NO. 2340AN ORDINANCE AMENDING ARTICLE XXXIX, OF THE CODE OF THEBOROUGH OF ROSELLE PARK TO INCLUDE THE "BOROUGH OF ROSELLE PARKOPERATING MANUAL FOR THE ADMINISTRATION OF REHABILITATIONUNITS",DATED SEPTEMBER2011BE IT ORDAINED by the Mayor and Council ofthe Borough ofRoselle Park, County ofUnion, State ofNew Jersey that Chapter XXXIX, Section 39-1.12 of the Borough Code is herebyamended in its entirety to read as follows:SECTION 1. Section 39-1.12:The Borough ofRoselle Park intends to comply with the Council on Affordable HousingRequirements; and, , .The rehabilitation of existing rental and ownership properties is a component of theAffordable Housing requirements; and,The Council on Affordable Housing and Department of Community Affairs havepublished a sample Housing Rehabilitation ProgramManual; and,The sample Housing Rehabilitation Program Manual has been edited to the fit the needsof the Borough ofRoselle park and is known as "Borough ofRoselle Park Operating Manual for,the Administration ofRehabilitation Units", dated September 2011.NOW, THEREFORE BE IT ORDAINED by the Governing Body of the Borough ofRoselle Park, in the County of Union, that, the Borough shall establish its own rehabilitationprogram in compliance with applicable COAH regulations, as detailed in the "Borough ofRoselle Park Operating manual for the Administration ofRehabilitation Units" dated September

2011. SECTION II. All ordinances and parts of ordinances inconsistent with the provisions ofthis ordinance are hereby repealed.SECTION III. This ordinance shall take effect at the time and in the manner prescribedby law.ORDINANCENO. 2343

, ~ A l i Q B D l N A N C E . A M l l l i D T h l G . H A E : r E I U U , { 4 ~ } , A R , T 4 G b E - ) Q f X , - ~ ~ - _ _ - ~ ~ ' - - ' ...- ... _ . _ ~ ..,.,.. ~ . - - - SECTION 40-3002.C3c OF THE CODE OF THE BOROUGH OF

ROSELLE PARK REGARDING SIGNSBE IT ORDAINED by the Mayor and Council of the Borough ofRoselle Park, County ofUnion, State ofNew Jersey that Chapter XL, Article XXX, Section 40-3002.C3c of the BoroughCode is hereby amended in its entirety to read as follows:SECTION 1. 40-3002.C3c.Temporary window signs shall not be considered in computing the number of permittedsigns or allowable sign area, provided that such interior window signs do not cover more thanthirty (30%) percent collectively, of any single window and are not permanently affixed to the

windows.SECTION II. All ordinances and parts of ordinances inconsistent with the provisions ofthis ordinance are hereby repealed.


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SECTION III. This ordinance shall take effect at the time and in the manner prescribedby law.RESOLUTION NO. 208-11

BE IT RESOLVED by the Mayor and Council of the Borough of Roselle Park that theCollector is hereby authorized to cancel sewer utility charges for the years 2010 and 2011 onBlock 307/Lot 4 (otherwise known as 337 Clay Ave. W., Roselle Park, N.J.) and assessed in thename of Janice Tittle as follows:2009 $57.002010 $57.00Account has been cancelled per American Water Company. The meter has not had usage in the .past 2 years, a minimum bill was generated. Meter #520051635RESOLUTIONNO. 209-11

WHEREAS, in anticipation of Hurricane Irene, Governor Chris Christie declared a stateof emergency on August 25, 2011; andWHEREAS, the Township of Roselle Park's workforce and resources were deployedprior to Hurricane Irene to protect the public health, safety, and welfare ofRoselle Park; andWHEREAS, on Saturday, August 27,2011 and Sunday, August 28,2011, the Borough ofRoselle Park experienced catastrophic flooding from Hurricane Irene causing extensive flooddamage to residential dwellings throughout the Borough of Roselle Park, and Borough-ownedbuildings, offices and properties; andWHEREAS, said hurricane caused extensive damage throughout the Borough ofRosellePark affecting the public health, safety and welfare of the community and the immediate deliveryofgoods or performance of services pursuant to NJ.S.A. 40A:11-6; andWHEREAS, the Borough of Roselle Park has received mutual aid assistance from othermunicipalities and government agencies in the aftermath ofHurricane Irene; andWHEREAS, on September 4, 2011, Union County received a declaration as a majordisaster area by the Federal Emergency Management Agency (FEMA) for Hurricane Irene; andWHEREAS, FEMA provides supplemental Federal disaster grant assistance for debris

m 0 ' V ' a l ; . - e m e r g e n : e y ~ p r o t e e t i v e I 1 1 e a : s u r e s ; _ a n t t t h e r e p a t r ; r e p t a c e f n e n f O r restoratIon o r d l s a s t e r ~ ..---damaged, publicly-owned facilities; andWHEREAS, the Federal share of assistance is not less than seventy-five (75%) percent ofthe eligible cost for emergency measures and permanent restoration; andWHEREAS, the remaining twenty-five (25%) percent of costs not covered by FEMA isthe responsibility of the Borough ofRoselle Park.NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough ofRoselle Park hereby urges the Governor and legislators to provide funding to cover theremaining twenty-five (25%) percent of costs related to Hurricane Irene that would not beprovided by FEMA; andBE IT FURTHER RESOLVED that reimbursement of the remaining twenty-five (25%)percent of costs be provided to the Borough of Roselle Park and those government entities thatprovided mutual aid to Roselle Park.


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RESOLUTION NO. 210-11BE IT RESOLVED that the Mayor and Council of the Borough ofRoselle Park be and ishereby amending the solid waste disposal contract with Suburban Disposal to include ChangeOrder #1, trucking fees, for the pick up of Type 13, flood damaged items only, as a result ofHurricane Irene, in the amount not to exceed a total of $9,500. Disposal costs to be paid by the

Borough ofRoselle Park. This resolution supersedes Resolution No. 176-11.RESOLUTION NO. 211-11

BE IT RESOLVED by the Mayor and Council of the Borough of Roselle Park that theCollector is hereby authorized to bill Sewer Utility for the year 2011 on Block 1113/Lot 7( o t h ~ r w i s e k n o w n as 486 Colonial Road, Roselle Park, N.J.) and assessed in thename of Ljubisa& Borka Zivanovic. Property was not billed due to an investigation on meter at location.RESOLUTIONNO. 212-11

BE IT RESOLVED by the Mayor and Council of the Borough of Roselle Park thatResolution No. 40-11 appointing Anthony Trezza to the position of Municipal AllianceCoordinator, retroactive to January 1, 2011, at the annual salary of $7,500.00 be and is herebyamended at the annual salary of $8,826.00.RESOLUTIONNO. 213-11

WHEREAS, all Plenary Retail Consumption, Retail Distribution, Limited Distributionand Club Licenses expired on June 30, 2011; andWHEREAS, the Borough Clerk be and is hereby authorized to issue the following license(subject to special conditions outlined below,) to expire June 30, 2012,PLENARYRETAIL CONSUMPTION LICENSE2015-33-012-004 Solar Do Minho II, Inc., 147 West Westfield Avenue, Roselle ParkWHEREAS, there were a number of complaints, from the surrounding neighborhood,regarding the excessive noise coming from the applicant's place ofbusiness; andWHEREAS,. d e s : R i t ~ _ J12:B;;;.s.entatkllls lo- -the..~ . . c o o t r a F Y , ~ t h e s e - e ~ m p l a i n t s ' T e m a i r r e ~ ~ ' ~ ' - - "

_ - i l l i s a t I S f i e d a n d ~ ~ ~ d ~ d ; andWHEREAS, the applicant is hereby put on notice that said licensee must comply with thePeace and Good Order Ordinance (Chapter III, Section 3-9 of the Code of the Borough ofRoselle Park) and continued violation will result in the issuance of summonses; andWHEREAS, it is a penalty of the Alcoholic Beverage Control for licensee to servealcoholic beverages in the unlicensed garden area and, any and all violations will be subject todisciplinary charges being brought against said licensee; andWHEREAS, an incident occurred on 1/1/11 at Plenary Retail Consumption License#2015-33-012-003, known as Solar Do Minho Restaurant, located at 147 West WestfieldAvenue, Roselle Park, which required the assistance of seven additional municipal policedepartments to get the situation under control; and


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WHEREAS, said license has been cited in violation of N.J.A.C. 13:2-23.6(a) 3 andcharges have been preferred against Manuel R. Goncalves, the holder of Plenary RetailConsumption License #2015-33-012-003; andWHEREAS, a disciplinary hearing was held on April 12, 2011, and Manuel Goncalves,the holder oflicense #2015-33-012-003 plead guilty to the above charges, now therefore be it,RESOLVED, that Manuel Goncalves, owner of Alcoholic Beverage License #2015-33012-003 hereby agreed by written agreement to the following terms and special conditions,1. Manuel Goncalves will forward copies of all signed contracts for rental/use ofany/all rooms seven days prior to date of use to the Police Chief; and will followthe recommendations of the Police Chief.2. Manuel Goncalves will notify the Police Chief of all holiday events seven daysprior to event and will follow the recommendations ofthe Police Chief.3. Manuel Goncalves agree fhat Non Compliance of the above will be a separateviolation4. Manuel Goncalves agreed to a one day suspension to be held on April 25, 2011.5. The applicant shall not allow any music, exterior to the building, regardless ofwhether it is amplified or live;WHEREAS, the above special conditions be and are hereby imposed and these specialconditions will be reviewed on a yearly basis and may be amended or removed, now thereforeBE IT RESOLVED, that a copy of this Resolution is to be sent to the Director ofAlcoholControl.

RESOLUTION NO. 214-11BE IT RESOLVED by the Mayor and Council of the Borough of Roselle Park thatResolution No. 19-11, appointing Philip J. Morin as Tax Appeal Attorney in the amount not toexceed $120.00 per hour and a maximum of $7,500.00, be and is hereby amended in the amountnot to exceed an additional $5,000.00 for a maximum amount of $12,500.00.

RESOLUTIONNO. 215-11BE IT RESOLVED that the Mayor and Council of the Borough of Roselle Park herebythe Tax- {3011eetor to extend the due date for payment of 4th quarter 201 I real estate taxpayment to November 23,2011.

RP M&C Meeting (October 20, 2011)

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