AGENDA FOR THE REGULAR MEETING OF THE MAYOR & …567094C1...Jul 20, 2021  · VII. CONSENT AGENDA...

33
REGULAR MEETING AGENDA 1 AGENDA FOR THE REGULAR MEETING OF THE MAYOR & COUNCIL OF THE BOROUGH OF WALDWICK TUESDAY, JULY 20, 2021 AT 7:30 PM IN THE ADMINISTRATION BUILDING COUNCIL CHAMBERS 63 FRANKLIN TURNPIKE, WALDWICK I. CALL TO ORDER II. STATEMENT OF COMPLIANCE - This meeting is being held in conformance with the Sunshine Law. Notice of time, date and place has been furnished to The Bergen Record and The Ridgewood News. Notice has also been posted on the bulletin board of the Administrative Building. III. ROLL CALL Mayor Giordano ____, Mr. Bjork ____, Mrs. McNamara ____, Mr. Oravetz ____, Mr. Schatz ____, Mr. Sciolaro ____, Mrs. Sherman ____. Also present: Borough Administrator Patrick Wherry, Grants Administrator Matthew Guilder, Borough Clerk Kelley Halewicz and Borough Attorney Craig Bossong. IV. PLEDGE OF ALLEGIANCE, MOMENT OF SILENCE HONORING VETERANS & PRAYER V. MAYOR’S REPORT AND REPORTS OF COMMITTEES a. Mayor’s Report - Mayor Giordano b. Financial & Administrative Committee - Mr. Sciolaro c. Fire & Police Protection Committee - Mr. Oravetz d. Public Safety Committee - Mr. Schatz e. Recreational & Health Committee - Mrs. Sherman f. Public Works Committee - Mrs. McNamara g. Buildings & Grounds Committee - Mr. Bjork VI. DEPARTMENT HEAD REPORTS VII. CONSENT AGENDA RESOLUTIONS 2021-225 Approval of Consent Agenda 2021-226 Approval of Minutes - Regular Meeting, June 22, 2021 Policy Votes a. Abraham Ayala request to use Pavilion A on August 8, 2021 from 12:00 pm – dusk for Running Club Party with alcoholic beverages being served b. Paul Wekarski request to use Pavilion A on September 5, 2021 from 9:00 am – dusk for Graduation Party with alcoholic beverages being served c. Lauren Melchior request to use Pavilion A on September 18, 2021 from 11:00 am – 4:00 pm for Birthday Party with alcoholic beverages being served

Transcript of AGENDA FOR THE REGULAR MEETING OF THE MAYOR & …567094C1...Jul 20, 2021  · VII. CONSENT AGENDA...

Page 1: AGENDA FOR THE REGULAR MEETING OF THE MAYOR & …567094C1...Jul 20, 2021  · VII. CONSENT AGENDA RESOLUTIONS . 2021-225 Approval of Consent Agenda . 2021-226 Approval of Minutes -

REGULAR MEETING AGENDA 1

AGENDA FOR THE REGULAR MEETING OF THE MAYOR & COUNCIL OF THE BOROUGH OF WALDWICK

TUESDAY, JULY 20, 2021 AT 7:30 PM IN THE ADMINISTRATION BUILDING COUNCIL CHAMBERS

63 FRANKLIN TURNPIKE, WALDWICK

I. CALL TO ORDER II. STATEMENT OF COMPLIANCE - This meeting is being held in conformance with the Sunshine Law.

Notice of time, date and place has been furnished to The Bergen Record and The Ridgewood News. Notice has also been posted on the bulletin board of the Administrative Building.

III. ROLL CALL

Mayor Giordano ____, Mr. Bjork ____, Mrs. McNamara ____, Mr. Oravetz ____, Mr. Schatz ____, Mr. Sciolaro ____, Mrs. Sherman ____. Also present: Borough Administrator Patrick Wherry, Grants Administrator Matthew Guilder, Borough Clerk Kelley Halewicz and Borough Attorney Craig Bossong.

IV. PLEDGE OF ALLEGIANCE, MOMENT OF SILENCE HONORING VETERANS & PRAYER V. MAYOR’S REPORT AND REPORTS OF COMMITTEES

a. Mayor’s Report - Mayor Giordano b. Financial & Administrative Committee - Mr. Sciolaro c. Fire & Police Protection Committee - Mr. Oravetz d. Public Safety Committee - Mr. Schatz e. Recreational & Health Committee - Mrs. Sherman f. Public Works Committee - Mrs. McNamara g. Buildings & Grounds Committee - Mr. Bjork

VI. DEPARTMENT HEAD REPORTS

VII. CONSENT AGENDA RESOLUTIONS

2021-225 Approval of Consent Agenda 2021-226 Approval of Minutes - Regular Meeting, June 22, 2021 Policy Votes a. Abraham Ayala request to use Pavilion A on August 8, 2021 from 12:00 pm – dusk for Running

Club Party with alcoholic beverages being served b. Paul Wekarski request to use Pavilion A on September 5, 2021 from 9:00 am – dusk for

Graduation Party with alcoholic beverages being served c. Lauren Melchior request to use Pavilion A on September 18, 2021 from 11:00 am – 4:00 pm

for Birthday Party with alcoholic beverages being served

Page 2: AGENDA FOR THE REGULAR MEETING OF THE MAYOR & …567094C1...Jul 20, 2021  · VII. CONSENT AGENDA RESOLUTIONS . 2021-225 Approval of Consent Agenda . 2021-226 Approval of Minutes -

REGULAR MEETING AGENDA 2

d. Waldwick Lions Club request permission to sponsor a free public concert at The Oval on Sunday, October 3, 2021 at 4:00 pm

e. Warriors Boys U10 request use of Veterans Field on Tuesdays 4:15 – 5:45 pm 6/29, 7/6, 7/13, 7/20, 7/27; Thursdays 6:00 – 7:30 pm 7/8, 7/15, 7/22, 7/29; Thursdays 4:15 – 5:45 pm 6/24, 7/1

f. Waldwick Chamber of Commerce requests to “Turn the Town Teal” for the month of September for Ovarian Cancer Awareness Month

g. Accept Resignation of Crossing Guard – Patricia Steele 2021-227 Governing Body Certification of Compliance with the United States Equal

Employment Opportunity Commission’s “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964”

2021-228 Authorization for the Execution of an Application for New Jersey Department of Environmental Protection Treatment Works Approval – Patmark Management Group, LLC – 1 Franklin Turnpike, Block 18.01, Lot 17

2021-229 Authorizing Execution of Developer’s Agreement for Patmark Management Group LLC

2021-230 Authorizing Annual Appointment of Municipal Representatives to Bergen County Community Development Regional Committees, FY 2021-2022

2021-231 Authorize Renewal of Membership in the Bergen County Municipal Joint Insurance Fund

2021-232 Award Non-Fair and Open Contract to Rinbrand Well Drilling for Motor Repairs Well 5, $12,320.00

2021-233 Award Non-Fair and Open Contract to Neal Systems Incorporated for Chlorine Pump Repair, $4,027.80

2021-234 Award Non-Fair and Open Contract to La Forza Construction LLC for ADA Curb Ramp Upgrades, $37,635.00

2021-235 Award Non-Fair and Open Professional Services Contract to Boswell Engineering for Phase One – Rehabilitation of Ted Bell Park, $37,950.00

2021-236 Authorize Advertisement and Receipt of Bids for Public Safety Building Exterior Insulation Improvements Project

2021-237 Approval of Special Pay 2021-238 Appointment of Head Swim Team Coach 2021-239 Authorize Cancelation of Property Taxes for Disabled Veteran – Goings 2021-240 Refund Tax Overpayment, Block 134.02/Lot 19 2021-241 Refund Tax Title Lien #19-00621 – Block 145/Lot 55 2021-242 Payment of Vouchers

VIII. REFERRED TO COUNCIL

a. Ordinances & Resolutions of Other Towns

b. Meeting Notices & Minutes

c. County of Bergen Correspondence

IX. COPIES OF COMMUNICATIONS

Page 3: AGENDA FOR THE REGULAR MEETING OF THE MAYOR & …567094C1...Jul 20, 2021  · VII. CONSENT AGENDA RESOLUTIONS . 2021-225 Approval of Consent Agenda . 2021-226 Approval of Minutes -

REGULAR MEETING AGENDA 3

X. PUBLIC HEARING & ADOPTION OF ORDINANCE(S)

XI. INTRODUCTION OF ORDINANCE(S) a. Ordinance No. 2021-#21 – AN ORDINANCE AMENDING CHAPTER 95B WILDLIFE FEEDING,

ADDING CHAPTER 95B SECTION 4, WHITE TAIL DEER, AMENDING CHAPTER 95B SECTIONS 4 ENFORCEMENT, 5 VIOLATIONS AND PENALTIES, 6 SEVERABILITY, AND 7 EFFECTIVE DATE

b. Ordinance No. 2021-#22 – AN ORDINANCE AMENDING CHAPTER 95 WEEDS, NOXIOUS.

AMENDING CHAPTER TITLE, AMENDING SECTION 1 NOXIOUS GROWTHS DEEMED NUISANCE, AMENDING SECTION 2 CAUSING OR PERMITTING BRUSH WEEDS OR DEBRIS TO COLLECT, AMENDING SECTION 3 REMOVAL OF BRUSH, WEEDS, OR DEBRIS REQUIRED UPON NOTICE, AMENDING SECTION 4 NONCOMPLIANCE PROCEDURE; COLLECTION OF COSTS INCURRED BY BOROUGH, AMENDING SECTION 5 VIOLATIONS AND PENALTIES, AND AMENDING SECTION 6 COSTS TO BE ADDITIONAL TO PENALTIES

XII. UNFINISHED BUSINESS

XIII. NEW BUSINESS

XIV. PUBLIC COMMENT XV. CLOSED SESSION - Any matter permitted to be discussed in Closed Session pursuant

N.J.S.A. 10:4-12 Resolution Number 2021-243 Personnel Matter – Rice Notices issued

XVI. ADJOURNMENT

KELLEY HALEWICZ, RMC/CMC

MUNICIPAL CLERK

Page 4: AGENDA FOR THE REGULAR MEETING OF THE MAYOR & …567094C1...Jul 20, 2021  · VII. CONSENT AGENDA RESOLUTIONS . 2021-225 Approval of Consent Agenda . 2021-226 Approval of Minutes -

MAYOR AND COUNCIL OF THE

BOROUGH OF WALDWICK Bergen County, New Jersey

RESOLUTION NO. 2021-225

(Page 1 of 2) Approval of Consent Resolution BE IT RESOLVED that the following resolutions herewith listed by consent having been considered by the Governing Body of the Borough of Waldwick are hereby passed and approved:

2021-225 Approval of Consent Agenda 2021-226 Approval of Minutes - Regular Meeting, June 22, 2021 Policy Votes a. Abraham Ayala request to use Pavilion A on August 8, 2021 from 12:00 pm – dusk for Running

Club Party with alcoholic beverages being served b. Paul Wekarski request to use Pavilion A on September 5, 2021 from 9:00 am – dusk for

Graduation Party with alcoholic beverages being served c. Lauren Melchior request to use Pavilion A on September 18, 2021 from 11:00 am – 4:00 pm

for Birthday Party with alcoholic beverages being served d. Waldwick Lions Club request permission to sponsor a free public concert at The Oval on

Sunday, October 3, 2021 at 4:00 pm e. Warriors Boys U10 request use of Veterans Field on Tuesdays 4:15 – 5:45 pm 6/29, 7/6, 7/13,

7/20, 7/27; Thursdays 6:00 – 7:30 pm 7/8, 7/15, 7/22, 7/29; Thursdays 4:15 – 5:45 pm 6/24, 7/1

f. Waldwick Chamber of Commerce requests to “Turn the Town Teal” for the month of September for Ovarian Cancer Awareness Month

g. Accept Resignation of Crossing Guard – Patricia Steele 2021-227 Governing Body Certification of Compliance with the United States Equal

Employment Opportunity Commission’s “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964”

2021-228 Authorization for the Execution of an Application for New Jersey Department of Environmental Protection Treatment Works Approval – Patmark Management Group, LLC – 1 Franklin Turnpike, Block 18.01, Lot 17

2021-229 Authorizing Execution of Developer’s Agreement for Patmark Management Group LLC

2021-230 Authorizing Annual Appointment of Municipal Representatives to Bergen County Community Development Regional Committees, FY 2021-2022

2021-231 Authorize Renewal of Membership in the Bergen County Municipal Joint Insurance Fund

2021-232 Award Non-Fair and Open Contract to Rinbrand Well Drilling for Motor Repairs Well 5, $12,320.00

Page 5: AGENDA FOR THE REGULAR MEETING OF THE MAYOR & …567094C1...Jul 20, 2021  · VII. CONSENT AGENDA RESOLUTIONS . 2021-225 Approval of Consent Agenda . 2021-226 Approval of Minutes -

MAYOR AND COUNCIL OF THE

BOROUGH OF WALDWICK Bergen County, New Jersey

RESOLUTION NO. 2021-225

(Page 2 of 2)

2021-233 Award Non-Fair and Open Contract to Neal Systems Incorporated for Chlorine Pump Repair, $4,027.80

2021-234 Award Non-Fair and Open Contract to La Forza Construction LLC for ADA Curb Ramp Upgrades, $37,635.00

2021-235 Award Non-Fair and Open Professional Services Contract to Boswell Engineering for Phase One – Rehabilitation of Ted Bell Park, $37,950.00

2021-236 Authorize Advertisement and Receipt of Bids for Public Safety Building Exterior Insulation Improvements Project

2021-237 Approval of Special Pay 2021-238 Appointment of Head Swim Team Coach 2021-239 Authorize Cancelation of Property Taxes for Disabled Veteran – Goings 2021-240 Refund Tax Overpayment, Block 134.02/Lot 19 2021-241 Refund Tax Title Lien #19-00621 – Block 145/Lot 55 2021-242 Payment of Vouchers

Approved: ________________________________

Thomas A. Giordano, Mayor I hereby certify that the above Resolution was adopted by the Mayor and Council of the Borough of Waldwick at its Regular Meeting of July 20, 2021. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk

Council Member

Motion

Second

Ayes

Nays

Abstain

Absent

Bjork McNamara Oravetz Schatz Sciolaro Sherman Mayor Giordano

Page 6: AGENDA FOR THE REGULAR MEETING OF THE MAYOR & …567094C1...Jul 20, 2021  · VII. CONSENT AGENDA RESOLUTIONS . 2021-225 Approval of Consent Agenda . 2021-226 Approval of Minutes -

MAYOR AND COUNCIL OF THE

BOROUGH OF WALDWICK Bergen County, New Jersey

RESOLUTION NO. 2021-226

Approval of Minutes – Regular Meeting, June 22, 2021 BE IT RESOLVED that the Mayor and Council of the Borough of Waldwick hereby approve the following Minutes: Regular Meeting, June 22, 2021

Approved: ________________________________

Thomas A. Giordano, Mayor

I hereby certify that the above Resolution was adopted by the Mayor and Council of the Borough of Waldwick at its Regular Meeting of July 20, 2021. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk

Page 7: AGENDA FOR THE REGULAR MEETING OF THE MAYOR & …567094C1...Jul 20, 2021  · VII. CONSENT AGENDA RESOLUTIONS . 2021-225 Approval of Consent Agenda . 2021-226 Approval of Minutes -

MAYOR AND COUNCIL OF THE

BOROUGH OF WALDWICK Bergen County, New Jersey

RESOLUTION NO. 2021-227

GOVERNING BODY CERTIFICATION OF COMPLIANCE WITH THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION’S

“Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964”

WHEREAS, N.J.S.A. 40A:4-5 as amended by P.L. 2017, c.183 requires the governing body of each municipality and county to certify that their local unit’s hiring practices comply with the United States Equal Employment Opportunity Commission’s “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964,” as amended, 42 U.S.C. § 2000e et seq., (April 25, 2012) before submitting its approved annual budget to the Division of Local Government Services in the New Jersey Department of Community Affairs; and, WHEREAS, the members of the governing body have familiarized themselves with the contents of the above-referenced enforcement guidance and with their local unit’s hiring practices as they pertain to the consideration of an individual’s criminal history, as evidenced by the group affidavit form of the governing body attached hereto. NOW, THEREFORE, BE IT RESOLVED, that the Mayor & Council of the Borough of Waldwick, hereby states that it has complied with N.J.S.A. 40A:4-5, as amended by P.L. 2017, c.183, by certifying that the local unit’s hiring practices comply with the above-referenced enforcement guidance and hereby directs the Clerk to cause to be maintained and available for inspection a certified copy of this resolution and the required affidavit to show evidence of said compliance.

Approved: ________________________________

Thomas A. Giordano, Mayor

I hereby certify that the above Resolution was adopted by the Mayor and Council of the Borough of Waldwick at its Regular Meeting of July 20, 2021. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk

Page 8: AGENDA FOR THE REGULAR MEETING OF THE MAYOR & …567094C1...Jul 20, 2021  · VII. CONSENT AGENDA RESOLUTIONS . 2021-225 Approval of Consent Agenda . 2021-226 Approval of Minutes -

MAYOR AND COUNCIL OF THE

BOROUGH OF WALDWICK Bergen County, New Jersey

RESOLUTION NO. 2021-228

Authorization for the Execution of an Application for New Jersey Department of Environmental Protection Treatment Works Approval – Patmark Management Group, LLC – 1 Franklin Turnpike, Block 18.01, Lot 17 WHEREAS, Patmark Management Group, LLC, 1 Franklin Turnpike, Waldwick, NJ 07463 received site plan approval from the Board of Adjustment and is proposing the construction of a development comprised 11 residential townhouse units, as well as two sanitary manholes and 298 linear feet of 8” PVC SDR 35 pipe to service the development; and, WHEREAS, this development will require the submission of a Treatment Works Approval Application to the New Jersey Department of Environmental Protection (NJDEP); and, WHEREAS, the plans and application materials were reviewed and approved by the Borough Engineer and were found acceptable. NOW, THEREFORE, BE IT RESOLVED that the Municipal Council of the Borough of Waldwick hereby authorize Patrick Wherry, Borough Administrator to execute the Statement of Consent (Form WQM-003) and any other required documents for the submission of a NJDEP Treatment Works Approval for the development of Block 18.01, Lot 17 in the Borough of Waldwick.

Approved: ________________________________

Thomas A. Giordano, Mayor

I hereby certify that the above Resolution was adopted by the Mayor and Council of the Borough of Waldwick at its Regular Meeting of July 20, 2021. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk

Page 9: AGENDA FOR THE REGULAR MEETING OF THE MAYOR & …567094C1...Jul 20, 2021  · VII. CONSENT AGENDA RESOLUTIONS . 2021-225 Approval of Consent Agenda . 2021-226 Approval of Minutes -

MAYOR AND COUNCIL OF THE

BOROUGH OF WALDWICK Bergen County, New Jersey

RESOLUTION NO. 2021-229

Authorizing Execution of Developer’s Agreement for Patmark Management Group LLC WHEREAS, on April 28, 2021 the Board of Adjustment for the Borough of Waldwick granted a use variance, bulk variance, site plan and soil movement approval to Patmark Management Group LLC for the property located at 1 Franklin Turnpike, Block 18.01 Lot 17; and, WHEREAS, pursuant to the approval, a Developer’s Agreement was required to be entered into between the Borough of Waldwick and Patmark Management Group LLC; and, WHEREAS, a Developer’s Agreement has been negotiated and is annexed hereto; and, WHEREAS, it is important to note that this Development shall include two (2) affordable housing units, which will be managed and included in the Borough’s Affordable Housing inventory. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Waldwick, that the Mayor is authorized to execute the attached Developer’s Agreement by and between the Borough of Waldwick and Patmark Management Group LLC; and, BE IT FURTHER RESOLVED, that the Borough shall provide a fully-executed copy to Patmark Management Group LLC as well as the Borough Building Department to be kept on file; and, BE IT FURTHER RESOLVED, the Borough Attorney is hereby authorized to record said Developer’s Agreement with the Bergen County Clerk’s Office.

Approved: ________________________________ Thomas A. Giordano, Mayor

I hereby certify that the above Resolution was adopted by the Mayor and Council of the Borough of Waldwick at its Regular Meeting of July 20, 2021. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk

Page 10: AGENDA FOR THE REGULAR MEETING OF THE MAYOR & …567094C1...Jul 20, 2021  · VII. CONSENT AGENDA RESOLUTIONS . 2021-225 Approval of Consent Agenda . 2021-226 Approval of Minutes -

MAYOR AND COUNCIL OF THE

BOROUGH OF WALDWICK Bergen County, New Jersey

RESOLUTION NO. 2021-230

Authorizing Annual Appointment of Municipal Representatives to Bergen County Community Development Regional Committees, FY 2021-2022 WHEREAS, the Municipality of Waldwick has entered into a three year Cooperative Agreement with the County of Bergen as provided under the Interlocal Services Act N.J.S.A. 40A:65a-1 et seq. and Title 1 of the Housing and Community Development Act of 1974; and, WHEREAS, said Agreement required that the Municipal Council appoint a representative and alternate and that the Mayor appoint a representative and alternate for the FY 2021-2022 term starting July 1, 2021 and ending June 30, 2022. NOW, THEREFORE, BE IT RESOLVED that the Municipal Council hereby appoints COUNCILMAN DON SCIOLARO as its representative and COUNCILWOMAN THERESA SHERMAN as its alternate and that the Mayor hereby appoints COLLEEN ENNIS as his representative and KELLEY HALEWICZ as his alternate to serve on the Community Development Regional Committee for FY 2021-2022; and, BE IT FURTHER RESOLVED that an original copy of this resolution be forwarded to Robert G. Esposito, Director; Bergen County Division of Community Development, One Bergen County Plaza, Fourth Floor, Hackensack, NJ 07601 | [email protected] as soon as possible and no later than Friday, July 30, 2021.

Approved: ________________________________ Thomas A. Giordano, Mayor

I hereby certify that the above Resolution was adopted by the Mayor and Council of the Borough of Waldwick at its Regular Meeting of July 20, 2021. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk

Page 11: AGENDA FOR THE REGULAR MEETING OF THE MAYOR & …567094C1...Jul 20, 2021  · VII. CONSENT AGENDA RESOLUTIONS . 2021-225 Approval of Consent Agenda . 2021-226 Approval of Minutes -

MAYOR AND COUNCIL OF THE

BOROUGH OF WALDWICK Bergen County, New Jersey

RESOLUTION NO. 2021-231

Authorize Renewal of Membership in the Bergen County Municipal Joint Insurance Fund WHEREAS, the Borough of Waldwick is a member of the Bergen County Municipal Joint Insurance Fund; and, WHEREAS, said renewed membership terminates as of December 31, 2021 unless earlier renewed by agreement between the Borough of Waldwick and the Fund; and, WHEREAS, the Borough of Waldwick desires to renew said membership. NOW, THEREFORE, BE IT RESOLVED as follows:

1. The Borough of Waldwick agrees to renew its membership in the Bergen County Municipal Joint Insurance Fund and to be subject to the Bylaws, Rules and Regulations, coverages, and operating procedures thereof as presently existing or as modified from time to time by lawful act of the Fund.

2. The Mayor and Clerk shall be and hereby are authorized to execute the agreement to renew

membership annexed hereto and made a part hereof and to deliver same to the Bergen County Municipal Joint Insurance Fund evidencing the Borough of Waldwick's intention to renew its membership.

Approved: ________________________________ Thomas A. Giordano, Mayor

I hereby certify that the above Resolution was adopted by the Mayor and Council of the Borough of Waldwick at its Regular Meeting of July 20, 2021. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk

Page 12: AGENDA FOR THE REGULAR MEETING OF THE MAYOR & …567094C1...Jul 20, 2021  · VII. CONSENT AGENDA RESOLUTIONS . 2021-225 Approval of Consent Agenda . 2021-226 Approval of Minutes -

MAYOR AND COUNCIL OF THE

BOROUGH OF WALDWICK Bergen County, New Jersey

RESOLUTION NO. 2021-232

(Page 1 of 2)

Award Non-Fair and Open Contract to Rinbrand Well Drilling for Motor Repairs Well 5, $12,320.00 WHEREAS, the Water Department Well 5 motor is in need of repairs; and, WHEREAS, Rinbrand Well Drilling quote/proposal dated July 8, 2021 in the amount of $12,320.00 is the most advantageous to the Borough, cost and other factors considered; and, WHEREAS, Rinbrand Well Drilling total aggregate awards, including this award, will exceed the Pay-to-Play limit of $17,500 over a one year period; and, WHEREAS, this contract is being awarded as a non-fair and open and is in conformance with the provisions of N.J.S.A. 19:44A-20.4 et seq.; and, WHEREAS, Rinbrand Well Drilling, has completed and submitted a Business Entity Disclosure Certification which certifies Rinbrand Well Drilling has not made any reportable contributions to a political or candidate committee in the Borough of Waldwick in the previous one year, and that the contract will prohibit Rinbrand Well Drilling from making any reportable contributions through the term of the contract; and, WHEREAS, the Chief Financial Officer of the Borough of Waldwick has certified that $12,320.00 is available in the following appropriation: $10,675.00 (1-05-55-501-100) and $1,645.00 (1-05-55-501-054), and has further certified that this commitment together with all previous commitments and payments does not exceed the funds available in said appropriation. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Waldwick authorize Rinbrand Well Drilling, 14 Waldron Avenue, Glen Rock, NJ 07452 for motor repairs at Well 5 in the amount of $12,320.00.

Page 13: AGENDA FOR THE REGULAR MEETING OF THE MAYOR & …567094C1...Jul 20, 2021  · VII. CONSENT AGENDA RESOLUTIONS . 2021-225 Approval of Consent Agenda . 2021-226 Approval of Minutes -

MAYOR AND COUNCIL OF THE

BOROUGH OF WALDWICK Bergen County, New Jersey

RESOLUTION NO. 2021-232

(Page 2 of 2)

Approved: ________________________________

Thomas A. Giordano, Mayor I hereby certify that the above Resolution was adopted by the Mayor and Council of the Borough of Waldwick at its Regular Meeting of July 20, 2021. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk

Page 14: AGENDA FOR THE REGULAR MEETING OF THE MAYOR & …567094C1...Jul 20, 2021  · VII. CONSENT AGENDA RESOLUTIONS . 2021-225 Approval of Consent Agenda . 2021-226 Approval of Minutes -

MAYOR AND COUNCIL OF THE

BOROUGH OF WALDWICK Bergen County, New Jersey

RESOLUTION NO. 2021-233

(Page 1 of 2)

Award Non-Fair and Open Contract to Neal Systems Incorporated for Chlorine Pump Repair, $4,027.80 WHEREAS, the Borough of Waldwick’s municipal pool chlorine pump was in need of repairs; and, WHEREAS, Neal Systems Incorporated’s proposal dated June 29, 2021 in the amount of $4,027.80, is the most advantageous to the Borough, cost and other factors considered; and, WHEREAS, Neal Systems Incorporated total aggregate awards, including this award, will exceed the Pay-to-Play limit of $17,500 over a one year period; and, WHEREAS, this contract is being awarded as a non-fair and open and is in conformance with the provisions of N.J.S.A. 19:44A-20.4 et seq.; and, WHEREAS, Neal Systems Incorporated has completed and submitted a Business Entity Disclosure Certification which certifies Neal Systems Incorporated has not made any reportable contributions to a political or candidate committee in the Borough of Waldwick in the previous one year, and that the contract will prohibit Neal Systems Incorporated from making any reportable contributions through the term of the contract; and, WHEREAS, the Chief Financial Officer of the Borough of Waldwick has certified that $4,027.80 is available in the following appropriation: 1-05-55-501-054, and has further certified that this commitment together with all previous commitments and payments does not exceed the funds available in said appropriation. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Waldwick authorize Neal Systems Incorporated, 122 Terry Drive, Newton, PA 18940 to repair the municipal pool’s chlorine pump in the amount of $4,027.80.

Page 15: AGENDA FOR THE REGULAR MEETING OF THE MAYOR & …567094C1...Jul 20, 2021  · VII. CONSENT AGENDA RESOLUTIONS . 2021-225 Approval of Consent Agenda . 2021-226 Approval of Minutes -

MAYOR AND COUNCIL OF THE

BOROUGH OF WALDWICK Bergen County, New Jersey

RESOLUTION NO. 2021-233

(Page 2 of 2)

Approved: ________________________________

Thomas A. Giordano, Mayor I hereby certify that the above Resolution was adopted by the Mayor and Council of the Borough of Waldwick at its Regular Meeting of July 20, 2021. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk

Page 16: AGENDA FOR THE REGULAR MEETING OF THE MAYOR & …567094C1...Jul 20, 2021  · VII. CONSENT AGENDA RESOLUTIONS . 2021-225 Approval of Consent Agenda . 2021-226 Approval of Minutes -

MAYOR AND COUNCIL OF THE

BOROUGH OF WALDWICK Bergen County, New Jersey

RESOLUTION NO. 2021-234

(Page 1 of 2)

Award Non-Fair and Open Contract to La Forza Construction LLC for ADA Curb Ramp Upgrades, $37,635.00 WHEREAS, curb ramps throughout the Borough are in need of upgrades to be ADA compliant; and, WHEREAS, La Forza Construction LLC, proposal dated July 2, 2021 in the amount of $37,635.00 is the most advantageous to the Borough, cost and other factors considered; and, WHEREAS, La Forza Construction LLC, total aggregate awards, including this award, will exceed the Pay-to-Play limit of $17,500 over a one year period; and, WHEREAS, the Administration solicited multiple quotes for the ADA curb ramp upgrades, and the attached La Forza Construction LLC quote is the most advantageous to the Borough, cost and other factors considered; and, WHEREAS, this contract is being awarded as a non-fair and open and is in conformance with the provisions of N.J.S.A. 19:44A-20.4 et seq.; and, WHEREAS, La Forza Construction LLC, has completed and submitted a Business Entity Disclosure Certification which certifies La Forza Construction LLC, has not made any reportable contributions to a political or candidate committee in the Borough of Waldwick in the previous one year, and that the contract will prohibit La Forza Construction LLC, from making any reportable contributions through the term of the contract; and, WHEREAS, the Chief Financial Officer of the Borough of Waldwick has certified that $37,635.00 is available in the following appropriation: G-04-56-479-450, and has further certified that this commitment together with all previous commitments and payments does not exceed the funds available in said appropriation. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Waldwick authorize La Forza Construction LLC., 524 Valley Brook Ave, Lyndhurst, NJ 07071 to upgrade curb ramps throughout the Borough in the amount of $37,635.00; and, BE IT FURTHER RESOLVED that the Municipal Clerk is hereby authorized to advertise notice of same in the official newspaper of the municipality as provided by law.

Page 17: AGENDA FOR THE REGULAR MEETING OF THE MAYOR & …567094C1...Jul 20, 2021  · VII. CONSENT AGENDA RESOLUTIONS . 2021-225 Approval of Consent Agenda . 2021-226 Approval of Minutes -

MAYOR AND COUNCIL OF THE

BOROUGH OF WALDWICK Bergen County, New Jersey

RESOLUTION NO. 2021-234

(Page 2 of 2)

Approved: ________________________________

Thomas A. Giordano, Mayor I hereby certify that the above Resolution was adopted by the Mayor and Council of the Borough of Waldwick at its Regular Meeting of July 20, 2021. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk

Page 18: AGENDA FOR THE REGULAR MEETING OF THE MAYOR & …567094C1...Jul 20, 2021  · VII. CONSENT AGENDA RESOLUTIONS . 2021-225 Approval of Consent Agenda . 2021-226 Approval of Minutes -

MAYOR AND COUNCIL OF THE

BOROUGH OF WALDWICK Bergen County, New Jersey

RESOLUTION NO. 2021-235

(Page 1 of 2)

Award Non-Fair and Open Professional Services Contract to Boswell Engineering for Phase One – Rehabilitation of Ted Bell Park, $37,950.00 WHEREAS, the Borough requires engineering services to oversee phase one of rehabilitation for Ted Bell Park; and, WHEREAS, Boswell Engineering submitted the attached proposal for engineering work including topographic survey, engineering design and bidding, and construction inspection, dated May 19, 2021 in the amount of $37,950.00; and, WHEREAS, the New Jersey Local Public Contracts Law authorizes the award of contract for "Professional Services" without competitive bids; and, WHEREAS, Boswell Engineering total aggregate awards, including this award, will exceed the Pay-to-Play limit of $17,500 over a one year period; and, WHEREAS, Boswell Engineering, has completed and submitted a Business Entity Disclosure Certification which certifies Boswell Engineering has not made any reportable contributions to a political or candidate committee in the Borough of Waldwick in the previous one year, and that the contract will prohibit Boswell Engineering from making any reportable contributions through the term of the contract; and, WHEREAS, Chief Financial Officer, has certified that $37,950.00 is available in the following appropriation: G-04-56-479-700, and has further certified that this commitment together with all previously made commitments and payments does not exceed the funds available in said appropriation; and has further certified that the funds available in the said appropriation are intended for the purpose herein committed. NOW, THEREFORE, BE IT RESOLVED, that the Borough Council hereby award a contract to Boswell Engineering, 300 Phillips Avenue, P. O. Box 3152, South Hackensack, NJ 07606, for phase one of rehabilitation for Ted Bell Park, in the amount of $37,950.00.

Page 19: AGENDA FOR THE REGULAR MEETING OF THE MAYOR & …567094C1...Jul 20, 2021  · VII. CONSENT AGENDA RESOLUTIONS . 2021-225 Approval of Consent Agenda . 2021-226 Approval of Minutes -

MAYOR AND COUNCIL OF THE

BOROUGH OF WALDWICK Bergen County, New Jersey

RESOLUTION NO. 2021-235

(Page 2 of 2)

Approved: ________________________________

Thomas A. Giordano, Mayor I hereby certify that the above Resolution was adopted by the Mayor and Council of the Borough of Waldwick at its Regular Meeting of July 20, 2021. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk

Page 20: AGENDA FOR THE REGULAR MEETING OF THE MAYOR & …567094C1...Jul 20, 2021  · VII. CONSENT AGENDA RESOLUTIONS . 2021-225 Approval of Consent Agenda . 2021-226 Approval of Minutes -

MAYOR AND COUNCIL OF THE

BOROUGH OF WALDWICK Bergen County, New Jersey

RESOLUTION NO. 2021-236

Authorize Advertisement and Receipt of Bids for Public Safety Building Exterior Insulation Improvements Project WHEREAS, the Police Department is in need of exterior insulation at the Public Safety Building; and, WHEREAS, the estimated cost of construction and installation of exterior insulation at the Public Safety Building exceeds the bid threshold of $44,000.00. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Waldwick hereby authorize the advertisement and receipt of bids for the Public Safety Building Exterior Insulation Improvements Project.

Approved: ________________________________ Thomas A. Giordano, Mayor

I hereby certify that the above Resolution was adopted by the Mayor and Council of the Borough of Waldwick at its Regular Meeting of July 20, 2021. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk

Page 21: AGENDA FOR THE REGULAR MEETING OF THE MAYOR & …567094C1...Jul 20, 2021  · VII. CONSENT AGENDA RESOLUTIONS . 2021-225 Approval of Consent Agenda . 2021-226 Approval of Minutes -

MAYOR AND COUNCIL OF THE

BOROUGH OF WALDWICK Bergen County, New Jersey

RESOLUTION NO. 2021-237

Approval of Special Pay WHEREAS, the Borough has identified back pay owed to certain current, salaried employees; and, WHEREAS, the basis for the back pay owed has been confirmed by the Borough’s auditor and labor counsel; and, WHEREAS, the attached report detailing back pay owed to the effected employees has been certified by the CFO; and, WHEREAS, all effected employees and bargaining units have been notified of the basis for back pay and amounts owed; and, WHEREAS, the back pay will be made in the July 30th payroll. NOW, THEREFORE, BE IT RESOLVED that the Municipal Council of the Borough of Waldwick hereby approve the Special Pay for effected employees as per the attached report.

Approved: ________________________________ Thomas A. Giordano, Mayor

I hereby certify that the above Resolution was adopted by the Mayor and Council of the Borough of Waldwick at its Regular Meeting of July 20, 2021. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk

Page 22: AGENDA FOR THE REGULAR MEETING OF THE MAYOR & …567094C1...Jul 20, 2021  · VII. CONSENT AGENDA RESOLUTIONS . 2021-225 Approval of Consent Agenda . 2021-226 Approval of Minutes -

MAYOR AND COUNCIL OF THE

BOROUGH OF WALDWICK Bergen County, New Jersey

RESOLUTION NO. 2021-238

Appointment of Head Swim Team Coach

BE IT RESOLVED that the Mayor and Council of the Borough of Waldwick hereby appoint HOLDEN SHATOUHY as Head Swim Team Coach for the 2021 Season in the amount of $2,000.00.

Approved: ________________________________

Thomas A. Giordano, Mayor I hereby certify that the above Resolution was adopted by the Mayor and Council of the Borough of Waldwick at its Regular Meeting of July 20, 2021. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk

Page 23: AGENDA FOR THE REGULAR MEETING OF THE MAYOR & …567094C1...Jul 20, 2021  · VII. CONSENT AGENDA RESOLUTIONS . 2021-225 Approval of Consent Agenda . 2021-226 Approval of Minutes -

MAYOR AND COUNCIL OF THE

BOROUGH OF WALDWICK Bergen County, New Jersey

RESOLUTION NO. 2021-239

Authorize Cancelation of Property Taxes for Disabled Veteran – Goings WHEREAS, Trista D. Goings who resides at Block 121 Lot 6, 9 Maple Avenue, is a 100% Disabled Veteran as per the Department of Veterans Affairs; and, WHEREAS, this parcel becomes eligible for this exemption as of July 1, 2021. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Waldwick hereby authorize the Tax Collector to cancel 3rd and 4th quarter taxes for the 2021 Tax Year; and, BE IT FURTHER RESOLVED that said property shall remain exempt as long as it qualifies for the 100% Disabled Veterans exemption pursuant to law.

Approved: ________________________________ Thomas A. Giordano, Mayor

I hereby certify that the above Resolution was adopted by the Mayor and Council of the Borough of Waldwick at its Regular Meeting of July 20, 2021. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk

Page 24: AGENDA FOR THE REGULAR MEETING OF THE MAYOR & …567094C1...Jul 20, 2021  · VII. CONSENT AGENDA RESOLUTIONS . 2021-225 Approval of Consent Agenda . 2021-226 Approval of Minutes -

MAYOR AND COUNCIL OF THE

BOROUGH OF WALDWICK Bergen County, New Jersey

RESOLUTION NO. 2021-240

Refund Tax Overpayment, Block 134.02/Lot 19 WHEREAS, a tax overpayment was made on a certain property. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Borough of Waldwick hereby authorizes and directs the Mayor, Clerk and Chief Financial Officer to refund the amounts below from the General Current Fund to the following:

Block Lot Qual Property Amount Year 134.02 19 24 Monroe Street – Danz

Refund To: Amber Danz 240 Breezy Drive Saylorsburg, PA 18353

$2,922.13 2015

Approved: ________________________________

Thomas A. Giordano, Mayor

I hereby certify that the above Resolution was adopted by the Mayor and Council of the Borough of Waldwick at its Regular Meeting of July 20, 2021. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk

Page 25: AGENDA FOR THE REGULAR MEETING OF THE MAYOR & …567094C1...Jul 20, 2021  · VII. CONSENT AGENDA RESOLUTIONS . 2021-225 Approval of Consent Agenda . 2021-226 Approval of Minutes -

MAYOR AND COUNCIL OF THE

BOROUGH OF WALDWICK Bergen County, New Jersey

RESOLUTION NO. 2021-241

Refund Tax Title Lien #19-00621 – Block 145/Lot 55 WHEREAS, Colleen A. Ennis, Tax Collector of the Borough of Waldwick has certified that the amount necessary to redeem Tax Sale Certificate #19-00621 has been paid in full. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Waldwick that the Chief Financial Officer is hereby authorized to issue a check from the Current Fund in the amount of $52,378.52, and a check for the premium from the Trust Account in the amount of $50,100.00 to the Lien Holder, R. Rothman - 411 Grand Avenue, Englewood, NJ 07631; and, BE IT FURTHER RESOLVED, that the Tax Collector is hereby authorized to cancel said Tax Certificate #19-00621, Block 145 Lot 55 from the record.

Approved: ________________________________ Thomas A. Giordano, Mayor

I hereby certify that the above Resolution was adopted by the Mayor and Council of the Borough of Waldwick at its Regular Meeting of July 20, 2021. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk

Page 26: AGENDA FOR THE REGULAR MEETING OF THE MAYOR & …567094C1...Jul 20, 2021  · VII. CONSENT AGENDA RESOLUTIONS . 2021-225 Approval of Consent Agenda . 2021-226 Approval of Minutes -

MAYOR AND COUNCIL OF THE

BOROUGH OF WALDWICK Bergen County, New Jersey

RESOLUTION NO. 2021-242

Payment of Vouchers

Approved: ________________________________

Thomas A. Giordano, Mayor

I hereby certify that the above Resolution was adopted by the Mayor and Council of the Borough of Waldwick at its Regular Meeting of July 20, 2021. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk

Page 27: AGENDA FOR THE REGULAR MEETING OF THE MAYOR & …567094C1...Jul 20, 2021  · VII. CONSENT AGENDA RESOLUTIONS . 2021-225 Approval of Consent Agenda . 2021-226 Approval of Minutes -

MAYOR AND COUNCIL OF THE

BOROUGH OF WALDWICK Bergen County, New Jersey

RESOLUTION NO. 2021-243

Authorize Closed Session WHEREAS, Section 8 of the Open Public Meetings Act (N.J.S.A. 10:4-12(b)(1-9) permits the exclusion of the public from a meeting in certain circumstances; and, WHEREAS, the Mayor and Council is of the opinion that such circumstances exist. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Waldwick, County of Bergen, State of New Jersey, as follows: The public shall be excluded from discussions of the Closed Session. The general nature of the subject matter to be discussed is as follows:

Personnel Matters – Rice Notices issued It is anticipated at this time that the above stated subject matter will be made public within 60 days or as soon thereafter as it is deemed to be in the public interest to do so based on the conclusion of the matter. This resolution shall take effect immediately.

Approved: ________________________________ Thomas A. Giordano, Mayor

I hereby certify that the above Resolution was adopted by the Mayor and Council of the Borough of Waldwick at its Regular Meeting of July 20, 2021. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk

Council Member

Motion

Second

Ayes

Nays

Abstain

Absent

Bjork McNamara Oravetz Schatz Sciolaro Sherman Mayor Giordano

Page 28: AGENDA FOR THE REGULAR MEETING OF THE MAYOR & …567094C1...Jul 20, 2021  · VII. CONSENT AGENDA RESOLUTIONS . 2021-225 Approval of Consent Agenda . 2021-226 Approval of Minutes -

INTRODUCTION OF ORDINANCE

Date: July 20, 2021

Mayor Giordano asked the Clerk to read the Ordinance No. 2021-#21 by title:

Ordinance No. 2021-#21 - AN ORDINANCE AMENDING CHAPTER 95B WILDLIFE FEEDING, ADDING CHAPTER 95B SECTION 4, WHITE TAIL DEER, AMENDING CHAPTER 95B SECTIONS 4 ENFORCEMENT, 5 VIOLATIONS AND PENALTIES, 6 SEVERABILITY, AND 7 EFFECTIVE DATE Mayor: A motion is in order to move and pass the ordinance on first reading, and that the Municipal Clerk be authorized to publish said Ordinance and Notice of Hearing in accordance with law, with the Public Hearing on said Ordinance to be held at 7:30 pm or as soon thereafter as the matter may be heard on Tuesday, August 17, 2021.

Motion: ______ Seconded: ______

Roll Call:

_____ _____ _____ _____ _____ _____ _____ Bjork McNamara Oravetz Schatz Sciolaro Sherman Giordano

Page 29: AGENDA FOR THE REGULAR MEETING OF THE MAYOR & …567094C1...Jul 20, 2021  · VII. CONSENT AGENDA RESOLUTIONS . 2021-225 Approval of Consent Agenda . 2021-226 Approval of Minutes -

Ordinance No. 2021-#21 AN ORDINANCE AMENDING CHAPTER 95B WILDLIFE FEEDING, ADDING CHAPTER 95B SECTION 4, WHITE TAIL DEER, AMENDING CHAPTER 95B SECTIONS 4 ENFORCEMENT, 5 VIOLATIONS AND PENALTIES, 6 SEVERABILITY, AND 7 EFFECTIVE DATE

BE IT ORDAINED that the Municipal Council of the Borough of Waldwick hereby amends Chapter 95B Wildlife Feeding. The changes to Code of the Borough of Waldwick below shows deletions in strikethrough and additions in underline as follows: 95B-1 Purpose. An ordinance to prohibit the feeding of unconfined wildlife in any public park or on any other property owned or operated by the Borough of Waldwick, and to prohibit the feeding of white tail deer on lands either publically or privately owned, so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply. § 95B-3 Prohibited Conduct

A. No person shall feed, in any public park or on any other property owned or operated by the Borough of Waldwick, any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers).

B. No person shall feed white tail deer (Odocoileus Virginianus) in the Borough of Waldwick on lands either publically or privately owned.

§ 95B-5 Violations and penalties

Any person who is guilty of feeding wildlife on public property, or feeding white tail deer on any public or private property in the Borough of Waldwick shall be punished by a fine of ten dollars ($10) and two hours of community service for the first offense, and twenty-five dollars ($25) and five hours of community service for the second and subsequent offenses.

Page 30: AGENDA FOR THE REGULAR MEETING OF THE MAYOR & …567094C1...Jul 20, 2021  · VII. CONSENT AGENDA RESOLUTIONS . 2021-225 Approval of Consent Agenda . 2021-226 Approval of Minutes -

INTRODUCTION OF ORDINANCE

Date: July 20, 2021

Mayor Giordano asked the Clerk to read the Ordinance No. 2021-#22 by title:

Ordinance No. 2021-#22 - AN ORDINANCE AMENDING CHAPTER 95 WEEDS, NOXIOUS. AMENDING CHAPTER TITLE, AMENDING SECTION 1 NOXIOUS GROWTHS DEEMED NUISANCE, AMENDING SECTION 2 CAUSING OR PERMITTING BRUSH WEEDS OR DEBRIS TO COLLECT, AMENDING SECTION 3 REMOVAL OF BRUSH WEEDS OR DEBRIS REQUIRED UPON NOTICE, AMENDING SECTION 4 NONCOMPLIANCE PROCEDURE; COLLECTION OF COSTS INCURRED BY BOROUGH, AMENDING SECTION 5 VIOLATIONS AND PENALTIES, AND AMENDING SECTION 6 COSTS TO BE ADDITIONAL TO PENALTIES

Mayor: A motion is in order to move and pass the ordinance on first reading, and that the Municipal Clerk be authorized to publish said Ordinance and Notice of Hearing in accordance with law, with the Public Hearing on said Ordinance to be held at 7:30 pm or as soon thereafter as the matter may be heard on Tuesday, August 17, 2021.

Motion: ______

Seconded: ______ Roll Call:

_____ _____ _____ _____ _____ _____ _____ Bjork McNamara Oravetz Schatz Sciolaro Sherman Giordano

Page 31: AGENDA FOR THE REGULAR MEETING OF THE MAYOR & …567094C1...Jul 20, 2021  · VII. CONSENT AGENDA RESOLUTIONS . 2021-225 Approval of Consent Agenda . 2021-226 Approval of Minutes -

Ordinance No. 2021-#22 AN ORDINANCE AMENDING CHAPTER 95 WEEDS, NOXIOUS. AMENDING CHAPTER TITLE, AMENDING SECTION 1 NOXIOUS GROWTHS DEEMED NUISANCE, AMENDING SECTION 2 CAUSING OR PERMITTING BRUSH WEEDS OR DEBRIS TO COLLECT, AMENDING SECTION 3 REMOVAL OF BRUSH WEEDS OR DEBRIS REQUIRED UPON NOTICE, AMENDING SECTION 4 NONCOMPLIANCE PROCEDURE; COLLECTION OF COSTS INCURRED BY BOROUGH, AMENDING SECTION 5 VIOLATIONS AND PENALTIES, AND AMENDING SECTION 6 COSTS TO BE ADDITIONAL TO PENALTIES

BE IT ORDAINED that the Municipal Council of the Borough of Waldwick hereby amends Chapter 95 Weeds, Noxious The changes to Code of the Borough of Waldwick below shows deletions in strikethrough and additions in underline as follows: 95 Weeds, Noxious Growth

95-1 Noxious growths deemed nuisance.

The growth, existence or presence of brush, weeds, plants or debris injurious to the public health or presenting a fire hazard on any plot of land, lot, street, highway, right-of-way or any other public or private place is hereby determined to be a nuisance and detrimental to public health, safety and welfare.

For the purposes of this chapter, the terms "brush, weeds, plants and debris" shall include ragweed, poison ivy and other noxious weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, bamboo, garbage and trash.

95-2 Causing or permitting brush, weeds, plants or debris to collect.

A. No owner, tenant or occupant of any plot of land, lot, street, highway, right-of-way or any other public or private place shall cause, allow or permit brush, weeds, plants or debris injurious to the public health or presenting a fire hazard to grow, collect or exist thereon.

B. The prohibition on planting, cultivating or growing bamboo on any lot or parcel of land within the Borough is subject to the following exceptions: (1) The root system of such bamboo plants is entirely contained with an above-ground-level

planter, barrel, or other vessel of such design, material and location so as too entirely prevent the spread or growth of the bamboo plants’ root system beyond the container in which it is planted; and whether or not planted or growing in a container, all bamboo plants shall be located, trimmed and maintained so that no part of the plant shall be closer than 10 feet to any property line or right-of-way.

Page 32: AGENDA FOR THE REGULAR MEETING OF THE MAYOR & …567094C1...Jul 20, 2021  · VII. CONSENT AGENDA RESOLUTIONS . 2021-225 Approval of Consent Agenda . 2021-226 Approval of Minutes -

(2) Any person who, prior to the effective date of this section, has planted or caused to grow bamboo on any property within the Borough limits unless the Code Enforcement Official determines that any portion of such bamboo has been allowed to grow upon, extend roots across, or extend branches, stalks, or leaves over any public way or any private property of another, which shall hereinafter be referred to as an encroachment onto the property of another.

95-3 Removal of brush, weeds, plants or debris required upon notice.

It shall be the duty of such owner, tenant or occupant of any such plot of land, lot, street, highway, right-of-way or any other public or private place in the Borough of Waldwick to remove, destroy or cause to be removed and destroyed all such brush, weeds, plants and debris injurious to the public health, within ten (10) days after receiving notice to do so from either the Zoning Officer, Health Officer, Fire Inspector or Building Inspector of the Borough of Waldwick. Notice may be effected by personal service or by leaving a copy of the notice at the owner, tenant, or occupant's address with a member of the family above the age of fourteen (14) years; or by certified mail, return receipt requested, directed, in case of any owner, to the address of such owner as the same appears on the last tax duplicate of the Borough of Waldwick, and, in the case of a tenant or occupant, to the address of the lands in question. If the certified mail is not claimed, notice shall be sent by regular mail.

§ 95-4 Noncompliance procedure; collection of costs incurred by Borough.

Should the owner, tenant or occupant upon whom such notice is served fail, neglect or refuse to remove and destroy, or cause to be removed or destroyed, such brush, weeds, plants or debris injurious to the public health, safety and welfare, within ten (10) days after the service of such notice, the Borough of Waldwick may cause such brush, weeds, plants or debris to be removed or otherwise destroyed, and the actual cost of such removal shall be certified by the Borough Administrator to the Mayor and Council, who shall examine such certificate and, if the same be found to be correct, shall cause the same to be charged against the lands from which such brush, weeds, plants or debris shall have been removed, and the amount so charged shall forthwith become and be a lien on the property on which such brush, weeds, plants or debris were located, and shall be added to and form a part of the taxes next to be assessed on said lot or tract of land and shall be collected and enforced by the same officers and in the same manner as taxes.

§ 95-5 Violations and penalties.

Any owner, tenant or occupant who shall neglect to remove or otherwise destroy such brush, weeds, plants or debris injurious to the public health as directed by this ordinance, or who shall fail, neglect or refuse to comply with the provisions of any notice herein provided for, of who shall resist or obstruct the Borough of Waldwick or its servants, agents and/or employees in the removal or destruction of the brush, weeds, plants or debris injurious to the public health, upon conviction thereof, shall be subject to a fine not exceeding five hundred dollars ($500) or be imprisoned for a term not exceeding ninety (90)

Page 33: AGENDA FOR THE REGULAR MEETING OF THE MAYOR & …567094C1...Jul 20, 2021  · VII. CONSENT AGENDA RESOLUTIONS . 2021-225 Approval of Consent Agenda . 2021-226 Approval of Minutes -

days, or both, for each and every offense, and each day upon which a violation of this ordinance continues shall constitute a separate offense.

95-6 Costs to be additional to penalties.

The imposition and collection of the fine imposed by this ordinance shall not constitute any bar to the right of the Borough of Waldwick to collect the costs of removing or otherwise destroying such brush, weeds, plants or debris injurious to the public health in the manner herein authorized.