M I N U T E S Regular Council Meeting Council Chambers Monday, November 13, :00pm

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1 M I N U T E S Regular Council Meeting Council Chambers Monday, November 13, :00pm CALL THE MEETING TO ORDER Council President Bromberg called the meeting to order at 8:00 pm in the Council Chambers located at 406 Rivervale Road, River Vale, New Jersey SALUTE TO FLAG Council President Bromberg asked all in attendance to rise and join him in a Salute to the Flag. SUNSHINE LAW STATEMENT ROLL CALL Council President Bromberg read the Sunshine Statement into the record, as follows: In accordance with the provisions set forth in the Open Public Meetings Law, notification of this meeting has been sent to all officially appointed Township newspapers and notice is posted at the Municipal Office. President Bromberg were present. Also present: Mayor Glen Jasionowski, Business Administrator/CFO Gennaro Rotella, Township Attorney Silvana Raso, Township Engineer s office Ed Madger, Township Clerk Karen Campanelli, Judge Vincent Galasso and Police Chief Giordano. Mayor s Comments Mayor Jasionowski reported that the Golf Course Superintendent has resigned and he will keep the Council updated regarding his replacement. The Mayor next addressed the requests to make Caruso Lane a Dead End or what can be done for safety reasons. Mayor Jasionowski had asked to the Police Department to prepare an assessment and analysis of the entire area. The Mayor reviewed some of the keys facts in the report. The average speed during the morning rush hour was mph and the evening rush hour average speed was mph. There have been no motor vehicle accidents during 2017 and there have been no complaints regarding speeding. The Mayor reported that the Police Department s recommendation is to maintain the existing restrictions without making any engineering improvements. He continued that the volume of the Caruso Lane traffic remains low and the majority appears to be residents and friends of Caruso Lane. The Police Department is considering installing No Thru Traffic signs and pavement markings to further reduce the volume of traffic. The Police Department also feels making Caruso Lane a Dead End would negative affect EMS responses. Mayor Jasionowski concluded that based on the recommendations of the Police Department he is not going to recommend to the Council the consideration of any engineering improvements on Caruso Lane. The Mayor concluded that he will have a full parking analysis done as the next phase. Council Comments Councilman Ben-Yishay welcomed all the guests to this evenings meeting. Councilmembers Donovan, Sieg, Criscuolo and Council President Bromberg had no comments this evening. Business Administrator s Report 1

2 Mr. Rotella commented on Resolution #243 and that he is happy to report the Township has received the grant to fund the Ambulance Corp. Handicap Accessible improvements project. Township Engineer s Report Mr. Madger reported that the Poplar Road project is complete and the Giordano Playground equipment has been ordered through State Contract. Mr. Rotella added that they are awaiting the equipment delivery. Mr. Madger next reported that they will be submitting the 2018 NJDOT grant applications for Phase II of Poplar Road project and the sidewalk improvements on Westwood Avenue and Rivervale Road. 1 st Hearing of the Public Motion by Councilman Donovan; second by Councilman Ben-Yishay to open the meeting to the public. Tom Castranova 637 Caruso questioned the average speed and feels the people cutting through are traveling quite fast. Mayor Jasionowski responded that it s not showing on the testing and that he asked the Traffic Officers to provide him with a full analysis with recommendations. There being no further questions or comments from the public motion by Councilman Criscuolo; second by Councilman Donovan to close the meeting to the public. Discussion Street Naming (3) Lot Subdivision off Cleveland Avenue Mayor Jasionowski recalled when Mayor Blundo was on the dais they had discussed that the Township lost an active service member and that they needed to do something to recognize this individual. He explained that at the time they decided; when the time came, to name the street off of Cleveland after Pvt. Min Soo Choi. The Mayor further explained that this was never memorialized. Mayor Jasionowski would like to honor the former Mayor s wishes and that it was unanimous among the Council; however, they never passed a resolution. Councilman Donovan questioned if we have spoken to the family. The Mayor has asked the Administrator to reach out to the family as to what is the most respectful was to memorialize the street. Mayor Jasionowski commented that Pvt. Min Soo Choi was a 19 year old River Vale resident that was killed in the Iraqi war. He announced that they are going to honor his memory by naming the next street in Town after him. At this time Council President Bromberg asked for a motion on a formal Resolution naming the street after the individual the Mayor is speaking of. Motion by Councilwoman Sieg; 2 nd by Councilman Ben-Yishay to approve Resolution ROLL CALL VOTE President Bromberg voted yes. RESOLUTIONS Motion by Councilman Donovan; seconded by Councilman Ben-Yishay to approve Resolution # as follows: Resolution # RESOLUTION APPROVING MINUTES OCTOBER 23, 2017 REGULAR MEETING BE IT RESOLVED, by the Township Council of the Township of River Vale that the minutes of the October 23, 2017 Regular meeting of the Township Council are hereby approved. ROLL CALL VOTE 2

3 Councilman Ben-Yishay, Councilman Donovan, Councilwoman Sieg and Council President Bromberg voted yes. Councilman Criscuolo abstained. Motion by Councilman Ben-Yishay; seconded by Councilwoman Sieg to approve Resolutions # through as a Consent Agenda as follows: Resolution # R E S O L U T I O N REFUND OF TAX OVERPAYMENT WHEREAS, a tax overpayment was received for the 4 th quarter of 2017 and the property owner has requested a refund of said overpayment. NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of River Vale, that the Treasurer is hereby authorized to issue a municipal check payable as follows: Roberta Migdal Mail to: 606 Abbe Court River Vale, NJ $ 8, Resolution # MUNICIPAL ENDORSEMENT OF SPECTRUM FOR LIVING 2018 COMMUNITY DEVELOPMENT GRANT APPLICATION WHEREAS, a Bergen County Community Development Grant of $40, has been proposed by Spectrum for Living Group Homes, Inc., for Spectrum s Support Services Program in the municipality of River Vale; and WHEREAS, pursuant to the State Interlocal Services Act, Community Development Funds may not be spent in a municipality without authorization by the Mayor and Council; and WHEREAS, the aforesaid project is in the best interest of the people of River Vale; and WHEREAS, the resolution does not obligate the financial resources of the municipality and is intended solely to expedite expenditure of the aforesaid CD funds. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Township of River Vale hereby confirm endorsement of the aforesaid project. BE IT FURTHER RESOLVED that a copy of the resolution shall be sent to the Director of the Bergen County Community Development Program so that implantation of the aforesaid project be expedited. Resolution # R E S O L U T I O N CHAPTER 159 Senior Citizen Activities WHEREAS, N.J.S.A. 40A:4087 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any municipality when such item has been made available by law and the amount was not determined at the time of the adoption of the budget; and WHEREAS, the Director may also approve the insertion of an item of appropriation for equal amount. NOW THEREFORE BE IT RESOLVED that the Township Council of the Township of River Vale hereby requests that the Director of Local Government Services approve the insertion of an item of revenue in the 3

4 budget of the year 2017 in the sum of $3, which is now available from the Bergen County Division of Community Development to be used toward the Senior Citizens Activities program. BE IT FURTHER RESOLVED that the sum of $3, is hereby appropriated under the caption of Public and Private Programs. Resolution # R E S O L U T I O N CHAPTER 159 Ambulance Corp. Handicap Accessible Improvements WHEREAS, N.J.S.A. 40A:4087 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any municipality when such item has been made available by law and the amount was not determined at the time of the adoption of the budget; and WHEREAS, the Director may also approve the insertion of an item of appropriation for equal amount. NOW THEREFORE BE IT RESOLVED that the Township Council of the Township of River Vale hereby requests that the Director of Local Government Services approve the insertion of an item of revenue in the budget of the year 2017 in the sum of $ 70, which is now available from the Bergen County Division of Community Development to be used toward the Handicap Accessible Restroom Improvements for the Ambulance Corps. Building. BE IT FURTHER RESOLVED that the sum of $ 70, is hereby appropriated under the caption of Public and Private Programs. Resolution # RESOLUTION CONFIRMING CONTRACT WITH APPROVED STATE VENDOR FOR CONTRACTING UNITS PURSUANT TO N.J.S.A. 40A:11-2a (BEYER) WHEREAS, the Township of River Vale, pursuant to N.J.S.A. 40A:11-12a and N.J.A.C. 5: (c), may by resolution and without advertising for bids, purchase any goods or services under the State of New Jersey Cooperative Purchasing Program for any State contracts entered into on behalf of the State by the Division of Purchase and Property in the Department of the Treasury; and WHEREAS, the Township of River Vale has the need on a timely basis to purchase the following vehicles for the Police Department utilizing State contracts; and (2) 2018 Dodge Charger AWD WHEREAS, the State Contract price for (2) vehicles is $58,870.00; and WHEREAS, the Chief Financial Officer has determined that sufficient funds are available as evidenced by Certification #17-02 attached hereto; and WHEREAS, the Township of River Vale intends to enter into a contract with Beyer Chrysler Dodge Jeep, 200 Ridgedale Avenue, Morristown, New Jersey (NJSC 47-CPCPS) through this resolution and properly executed contracts, which shall be subject to all the conditions applicable to the current State contracts. NOW THEREFORE BE IT RESOLVED, that the Township of River Vale authorizes the Purchasing Agent to purchase the above listed vehicle from Beyer Chrysler Dodge Jeep, pursuant to all conditions of the individual State contracts. Resolution # RESOLUTION AUTHORIZING ENFORCEMENT OF THE PROPERTY MAINTENANCE CODE BE IT RESOLVED, by the Council of the Township of River Vale that the Business Administrator obtain estimates to remove brush and debris at the following property which has been deemed as hazardous condition: 4

5 577 Thurnau Drive (Block 810, Lot 3) BE IT FURTHER RESOLVED, upon the completion of the work the costs be forwarded to the Tax Collector in order for a lien of $ for said work to be attached to the above mentioned property. Resolution # R E S O L U T I O N (TRANSFERS) WHEREAS, there exists a need to make transfers in the 2017 Budget Appropriations Reserves, and there exists balances from which to make said transfers, NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of River Vale that the Chief Financial Officer hereby be authorized to make the following transfers to the 2017 Budget Appropriations Reserves. Inside CAP: From: Tax Assessor OE $ 3, Snow & Ice S&W $ 25, Snow & Ice OE $ 75, Total $ 103, Inside CAP: To: Police Department S&W $ 83, Garage OE $ 10, Buildings and Grounds OE $ 10, Total $ 103, Resolution # RESOLUTION OF THE TOWNSHIP OF RIVER VALE REGARDING AMENDMENT OF CHAPTER 142 OF THE CODE ENTITLED LAND USE WHEREAS, the Township intends to amend Chapter 142 of the Code entitled Land Use ; and WHEREAS, the Township of River Vale 2016 Master Plan Reexamination Report dated November 10, 2016 discusses a modification to the A-1 Residential Zone District; and WHEREAS, the 2016 Master Plan Reexamination recommends initiation of a study recognizing the catering hall as an existing non-confirming use so as to encourage the continued viability of said business uses; and WHEREAS, the catering hall in said zone has been an existing non-conforming use whose operation is consistent with the goals of the Township of River Vale as set forth in Master Plan of the Township of River Vale; and WHEREAS, the Ordinance proposes an amendment to Chapter 142 of the Code so as to cause said non-conforming use to be deemed confirming; and WHEREAS, the Governing Body recognizes that a study has not been initiated because same has been determined to be unnecessary for purposes of amending Chapter 142 as proposed in Ordinance NOW, THEREFORE, BE IT RESOLVED, the Governing Body shall introduce Ordinance as same is consistent with the goals of the Township of River Vale as set forth in the Master Plan of the Township of River Vale. ROLL CALL VOTE President Bromberg voted yes. 5

6 SWEARING IN OF NEW POLICE OFFICERS Police Officer James Riepe Police Officer Christopher Yoo Mayor Jasionowski commented that the process to hire the officers was incredible. He also can t thank Lt. Sean Schiedle enough for the process he put in place and for all his time and effort. Judge Galasso swore in Police Officer James Riepe and Police Officer Christopher Yoo. Council President Bromberg asked for a brief recess at 8:25pm. He then called the meeting back to order at 8:29pm. ROLL CALL President Bromberg were present. Ordinances for 1 st Reading Motion to Introduce: Second: Councilman Donovan Councilman Ben-Yishay Council Comments on Ordinance # : Councilman Donovan commented that the Planning Board had a draft of this ordinance which they discussed at their meeting last week. He added that the ordinance was voted on an approved unanimously. Council President Bromberg commented that the ordinance is consistent with our Master Plan. ORDINANCE # AN ORDINANCE OF THE TOWNSHIP OF RIVER VALE, COUNTY OF BERGEN NEW JERSEY AMENDING CHAPTER 142 OF THE CODE, ENTITLED LAND USE BE IT ORDAINED by the Township Council of the Township of River Vale that Chapter 142 is amended as follows: ARTICLE I General Provisions Section Definitions. (add the following definition) B. CATERING ESTABLISHMENT An establishment that provides food prepared and served in a formal setting for special occasions, such as weddings, family reunions, corporate award ceremonies, charitable benefits and other special events and celebrations. ARTICLE L Division Into Districts Section A. Zoning District Map. (add the following district) B-1 Residence District Section B. Revise the Zoning Map to include the B-1 Zone District. Properties to include in the B-1 Zone District are shown on the attached map and include the following lots in Block 2301: 5, 7, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22. 6

7 ARTICLE LII Use of Buildings and Permits Section A. B-1 Residence District. (add new Chapter) A(1) All uses permitted in the A Residence District and HDD/Housing District for the Disabled are permitted in the B-1 District. Section B. B-1 Conditional Uses. (add new Chapter) Add Catering Establishments subject to the following conditions: 1. Minimum Lot Size: Two (2) acres. 2. Minimum Front Yard Setback: 45 ft. 3. Minimum Side Yard Setback: 30 ft. 4. Minimum Rear Yard Setback: 35 ft. 5. Minimum Parking Requirements: 1 space/250 SF. 6. Required Landscape Buffer: On all property lines abutting an adjacent residential use, the catering facility property must include a 15 ft. wide landscape planted buffer. Mature and heritage trees shall be used in the planted landscape buffer. Fencing may also be included in the buffer area. The buffer area is subject to review and approval by the Land Use Board and Land Use Engineer. Section B Residence District. ARTICLE LVIII Limiting Schedule B and B-1 Residence Districts. (change to read) This Ordinance shall take effect following adoption and approval in a time and manner prescribed by law. ROLL CALL VOTE President Bromberg voted yes. Ordinances for 2 nd Reading & Public Reading Motion to Adopt: Second: Councilman Donovan Councilman Ben-Yishay Motion by Councilman Ben-Yishay; seconded by Councilwoman Sieg to open the Public Hearing on Ordinance # There being no questions or comments from the public motion by Councilman Donovan; seconded by Councilwoman Sieg to close the Public Hearing on Ordinance # ORDINANCE # AN ORDINANCE OF THE TOWNSHIP OF RIVER VALE, COUNTY OF BERGEN NEW JERSEY AMENDING CHAPTER 33 OF THE CODE, ENTITLED POLICE DEPARTMENT ARTICLE I ESTABLISHMENT; COMPOSITION; MEMBERSHIP BE IT ORDAINED by the Township Council of the Township of River Vale that Chapter 33 is amended as follows: ARTICLE I 7

8 Establishment; Composition; Membership Section Composition. A. The Police Department shall consist of a police force and such other non-sworn or civilian personnel as the appropriate authority shall appoint. The police force shall consist of one Chief of Police, up to one Captain, up to two Lieutenants, or up to five Sergeants, and up to 18 patrolmen. In lieu of having up to one Captain and up to two Lieutenants, in the sole discretion of the Mayor or his designee, the police force may consist of up to three Lieutenants. Such employees shall carry out and obey all orders and instructions of the Chief of Police or, in his permanent absence, a designee as appointed by the appropriate authority. In the event of an officer in any of these positions being on leave immediately preceding an announced retirement or a suspension with intent to dismiss, the appropriate authority may, for the efficiency of the Department, appoint a replacement to serve in the vacant position. The appropriate authority may also choose to leave a position vacant to undertake a review of whether the current table of organization is still beneficial to the police mission. The appropriate authority shall have up to one year from the effective date of retirement or resignation to, in the exercise of his discretion, appoint/promote the replacement in order to conduct a thorough, fair and competitive search and selection process and assure adequate funding. Section Determination of membership. B (1) (a). During the period of required training, the employee shall hold the rank of probationary officer. Employees shall be entitled to a leave of absence with pay during the period of the police training course. Following the completion of an employee's police training course, he/she shall be classified as a probationary employee with the Police Department for a period of one year active duty on the road (not including academy time). Section Promotions. J. Promotions to ranks above sergeant shall be open to members of the next lowest rank, unless the Mayor, in the best interest of the Department, chooses to test a wider pool of candidates, in which case he or she may open testing to the two next lowest ranks (a pool of less than three eligible candidates will not generally be considered "in the best interest of the Department"). An officer who tests for a higher rank and does not achieve the seventy-percent score necessary to make the promotion list referred to in Subsection H is ineligible to take an exam for that rank, or a higher rank, for a period of two years from the date of the promotion list. This Ordinance shall take effect following adoption and approval in a time and manner prescribed by law. ROLL CALL VOTE President Bromberg voted yes. 2 nd Hearing of the Public Motion by Councilman Donovan; second by Councilman Criscuolo to open the meeting to the public. There being no questions or comments from the public motion by Councilman Criscuolo; second by Councilwoman Sieg to close the meeting to the public. ADJOURNMENT Motion by Councilman Donovan; second by Councilman Criscuolo to adjourn the meeting at 8:32 pm. Council President ATTEST: Mark Bromberg Karen Campanelli, Township Clerk 8

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