REGULAR MEETING AGENDA July 17, 2017 FLAG SALUTE ROLL CALL VOTE: MAYOR S STATEMENT

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1 Mayor & Board of Aldermen Town of Boonton 100 Washington Street Boonton, NJ REGULAR MEETING AGENDA July 17, 2017 Meeting begins 7:00 p.m. All cell phones must be turned off The Meeting of July 17, 2017 is now being recorded and called to order FLAG SALUTE ROLL CALL VOTE: ALDERMAN TITLE PRESENT ABSENT Mr. Michael Eoga 1 st Ward Alderman Mr. Cyril Wekilsky 1 st Ward Alderman Mr. Keith Price 2 nd Ward Alderman Mr. Bob Tullock 2 nd Ward Alderman Mr. Daniel Piccioni 3 rd Ward Alderman Mr. Scott Miniter 3 rd Ward Alderman Mr. James Plaisted 4 th Ward Alderman Mr. James Lynch 4 th Ward Alderman Mr. Matthew DiLauri Mayor Mr. Fred Semrau Town Attorney Mr. Neil Henry Administrator Ms. Cynthia Oravits Town Clerk Adequate Notice MAYOR S STATEMENT Pursuant to the requirements of RS 10:4-10, I announce and direct the Clerk to enter into the Minutes of this meeting an accurate statement to the effect that: 1. Notice of this meeting was posted at Town Hall on December 23, 2016 and this agenda was posted on July 14, Notice of this meeting was published in the Citizen of Morris County and the Daily Record Newspapers on December 23, 2016 and a copy of this agenda was forwarded to each of the town s official newspapers on July 14, PROCLAMATION will present a Proclamation to Stephen Bolcar, celebrating his 100 th Birthday on August 3, will present a Proclamation to the Cedar Hill Community After School Program Directors and Administrator. 1

2 MAYOR S APPOINTMENT I, Matthew DiLauri, Mayor of the Town of Boonton hereby appoint Town Administrator Neil Henry to be a member of the Local Emergency Planning Council. I, Matthew DiLauri, Mayor of the Town of Boonton hereby appoint Carole Hudson to be a member of the Boonton Municipal Alliance. I, Matthew DiLauri, Mayor of the Town of Boonton, hereby appoint Brianne Kozlowski to the Historic Preservation Commission to fulfill an unexpired term, expiring December 31, PRESENTATION 1. TJ Recchia, Town of Boonton Representative to the RVRSA. 2. Stacia Scaduto, Business Development Consultant with Commercial Utility Consultants, Inc., to speak about energy aggregation. CORRESPONDENCE Alderman Plaisted 1. Letter from Emmet Bayne, volunteer with the Boy Scouts of America and working with Boonton Main Street requesting approval to improve and repair the current bus stop located across the street from Town Hall on Washington Street. 2. Letter received from Patti Bujtas, President, Boonton Main Street, requesting permission to close the first block of William Street on Friday, August 4, 2017 from 5:00 pm to 9:00 pm for motorcycles to park for First Friday Late Night: Motorcycle Night. 3. Letter received from Stefan Guerlain, Life-rank scout in Boy Scout Troop 1 requesting approval to conduct an Eagle Scout project at Camp Estler on top of Sheep Hill. 4. Letter of Resignation from the Boonton Fire Department, received from James Westura, effective immediately. 5. Letters (2) received from the Bicycle Touring Club of New Jersey requesting approval to hold their 40 th annual bicycle rally through parts of Boonton and to paint paint arrows on the roadways (paint is removed upon conclusion of the rally). MEETING OPEN TO THE PUBLIC will open this portion of the meeting to the Public CONSENT AGENDA Alderman Eoga RESOLUTION RESOLUTION TO ADOPT MINUTES OF THE MAYOR AND BOARD OF ALDERMEN MEETINGS BE IT RESOLVED by the Mayor and Board of Aldermen of the Town of Boonton, County of Morris and State of New Jersey, that the Minutes from the following meetings are hereby approved as typed and filed in the Town Clerk s office: June 5, 2017 Closed Session Meeting June 19, 2017 Regular and Closed Session Meeting 2

3 RESOLUTION RESOLUTION TO APPROVE PAYMENT OF VOUCHERS WHEREAS, vouchers for payment have been submitted to the Mayor and Board of Aldermen by the various municipal departments. NOW THEREFORE, BE IT RESOLVED by the Mayor and Board of Aldermen of the Town of Boonton, County of Morris and State of New Jersey, all vouchers approved by the respective committees be and are hereby ordered paid. RESOLUTION RESOLUTION TO CANCEL WATER/SEWER CHARGES BE IT RESOLVED by the Mayor and Board of Aldermen of the Town of Boonton, County of Morris and the State of New Jersey, that the following water/sewer charges be and are hereby canceled: Account Address Reason Amount Water 419 Monroe Street Bad Reading $ Water 236 Church Street Bad Reading $ RESOLUTION RESOLUTION APPROVING EXTENSION OF GRACE PERIOD FOR PAYMENT OF TAXES DUE AUGUST 1, 2017 AS PER N.J.S.A. 54:4-67 WHEREAS, the State of New Jersey prescribes the procedure for handling payments when property tax bills are sent out late. N.J.S.A. 54:4-67 provides that the third quarter installment of current year property taxes shall not be subject to interest until the twenty-fifth day after the date that the tax bill for the third installment is mailed. WHEREAS, the State of New Jersey states that the bill shall contain a notice specifying the date on which interest will begin to accrue back to August 1 st. The extended grace period is currently unknown, and will be determined based on the date of mailing. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Alderman of the Town of Boonton that the grace period on third quarter 2017 tax installment shall be extended. Payments received after that date determined from the mailing will be subject to interest at 8% up to $1, and 18% over $1, until the delinquency is paid in full. RESOLUTION RESOLUTION APPOINTING DEPUTY OEM COORDINATOR FOR THE TOWN OF BOONTON WHEREAS, the Office of Emergency Management currently consists of one Coordinator and one Deputy Coordinator pursuant to Chapter ; and WHEREAS, the Deputy OEM Coordinator is appointed annually by the Mayor with the advice and consent of the Board of Aldermen and shall serve at the pleasure of the Board of Aldermen, who shall not receive compensation; and 3

4 NOW THEREFORE, BE IT RESOLVED that Michael Gulla be and is hereby appointed Office of Emergency Management Deputy Coordinator for a term which shall begin immediately and expire on December 31, RESOLUTION RESOLUTION APPOINTING TEMPORARY INSPECTORS FOR THE AVALON BAY PROJECT WHEREAS, Avalon Bay Communities, Inc. is currently constructing a project on Division Street, Boonton, NJ; and WHEREAS, pursuant to Construction Official Russ Heiney s recommendation, backup plumbing/mechanical inspectors and electrical inspectors will be needed throughout this project; and WHEREAS, Mr. Heiney has recommended Mr. Chris Walthour, as the temporary Electrical Inspector for the Avalon Bay project; and WHEREAS, Mr. Heiney has recommended Mr. Phillip J. Tobaygo as temporary Plumbing Inspector for the Avalon Bay project. NOW THEREFORE, BE IT RESOLVED, that Mr. Chris Walthour, Mr. Phillip J. Tobaygo be and are hereby appointed at an hourly rate of $45.00/per hour for their work on the Avalon Bay Construction project on Division Street, Boonton, NJ. RESOLUTION RESOLUTION AUTHORIZING THE TAX COLLECTOR TO REDEEM TAX SALE CERTIFICATE # WHEREAS, the Tax Collector has been paid $2,141.06, the necessary amount to redeem the following Tax Sale Certificate held by ActLien Holding, Inc. for property assessed to John & Kathleen Mahler. CERTIFICATE BLOCK/LOT ADDRESS AMOUNT Liberty Street $ 2, (Not including premium) NOW, THEREFORE, BE IT RESOLVED that the Tax Collector, upon receipt of the Tax Sale Certificate properly endorsed for cancellation, be authorized to draw a check for $2, from the Trust Account and forward said check to the lienholder, ActLien Holding Inc., 50 South 16 th Street, Suite 2050, Philadelphia, PA BE IT FURTHER RESOLVED that the Tax Collector be authorized to cancel lien # from the municipal record. RESOLUTION RESOLUTION AUTHORIZING THE TAX COLLECTOR TO REDEEM TAX SALE CERTIFICATE # WHEREAS, the Tax Collector has been paid $2,467.13, the necessary amount to redeem the following Tax Sale Certificate held by FWDSL & Associates for property assessed to Naeem Chaudhry and Zeenat U et al. CERTIFICATE BLOCK/LOT ADDRESS AMOUNT Lorraine Terrace $2, (Not including premium) NOW, THEREFORE, BE IT RESOLVED that the Tax Collector, upon receipt of the Tax Sale Certificate properly endorsed for cancellation, be authorized to draw a check for $2, from the Trust Account 4

5 and forward said check to the lienholder, FWDSL & Associates, LP, 17 West Cliff Street, Somerville, NJ BE IT FURTHER RESOLVED that the Tax Collector be authorized to cancel lien # from the municipal record. RESOLUTION RESOLUTION AUTHORIZING THE RENEWAL OF LIQUOR LICENSE FOR EFJ5 INC. (MATTA DONNA RESTAURANT) WHEREAS, the following application has been filed with the Town Clerk for renewal of the Alcoholic Beverage License for the year ; and WHEREAS, the Police Department has recommended the renewal of these licenses; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Aldermen of the Town of Boonton, New Jersey, that the following Alcoholic Beverage Control Application be processed: EFJ5 INC RESOLUTION RESOLUTION APPOINTING SPECIAL POLICE OFFICERS CLASS 1A BE IT RESOLVED by the Mayor and Board of Aldermen of the Town of Boonton, New Jersey that the following list of Special Police Officers, Class 1A, be sworn in for the year Travis Knoedler Matthew Mondino RESOLUTION RESOLUTION APPROVING APPLICATION FOR 2017 THEATRE LICENSE WHEREAS, Mr. Thomas Timbrook has applied to the Mayor and Board of Aldermen for a 2017 Theatre License for the Darress Theatre, 615 Main Street; NOW, THEREFORE, BE IT RESOLVED that the Mayor and Board of Aldermen do hereby approve this application for Theatre License, effective July 17, 2017 through July 17, BE IT FURTHER RESOLVED, a certified copy of this resolution shall be posted in a conspicuous place in this establishment and shall acct as an approved license. CONSENT AGENDA Roll Call vote for Resolutions through

6 MAYOR & BOARD OF ALDERMEN COMMITTEE REPORTS COMMITTEE CHAIRMAN ALDERMAN ALDERMAN Economic Development JAMES LYNCH Keith Price Cy Wekilsky Finance & Personnel MICHAEL EOGA James Lynch Keith Price Ordinance & Codification SCOTT MINITER Jim Plaisted Cy Wekilsky Police & Parking BOBBY TULLOCK Scott Miniter Dan Piccioni Public Works & Property KEITH PRICE Dan Piccioni Cy Wekilsky LIAISONS Board of Education Scott Miniter Board of Health Michael Eoga Boonton Fire Commissioner Daniel Piccioni Boonton Holmes Library Michael Eoga Boonton Main Street, Inc. James Plaisted Grants James Plaisted Historic Preservation Commission Bobby Tullock Housing Authority James Plaisted Kiwanis Keith Price/ Municipal Alliance Cy Wekilsky Parks & Recreation Keith Price Planning Board James Lynch/ DISCUSSION 1. Mayor and Board of Aldermen meeting start time 2. Rockaway River and Harrison Street Slope Failures/Use of adjacent town property 3. Disabled Veteran Tax Exemption th Anniversary Events 5. Proposed Ordinances: Amending Chapter Solid Waste Amending Chapter 80 - Animal Control Amending Chapter 201 Parking ORDINANCES - Alderman Miniter Public Hearing/Adoption ORDINANCE (Public Hearing/Adoption) AN ORDINANCE OF THE TOWN OF BOONTON, COUNTY OF MORRIS AND STATE OF NEW JERSEY, AUTHORIZING A SPECIAL EMERGENCY APPROPRIATION IN THE AMOUNT OF $58,500 FOR THE PREPARATION OF A MASTER PLAN PURSUANT TO N.J.S.A. 40A:4-53 PUBLIC HEARING 6

7 ORDINANCE (Public Hearing/Adoption) AN ORDINANCE OF THE TOWN OF BOONTON, COUNTY OF MORRIS, AND STATE OF NEW JERSEY, AMENDING CHAPTER 27, DEPARTMENTS, ARTICLE III, POLICE DEPARTMENT 27-7, TO ESTABLISH A MINIMUM NUMBER OF EMPLOYEES PUBLIC HEARING ORDINANCE (Public Hearing/Adoption) AN ORDINANCE OF THE TOWN OF BOONTON, COUNTY OF MORRIS, AND STATE OF NEW JERSEY, AMENDING CHAPTER 300 ENTITLED ZONING AND LAND USE, AND STEEP SLOPE REGULATIONS PUBLIC HEARING ORDINANCE (Public Hearing/Adoption) ORDINANCE TO AMEND AND IMPLEMENT VARIOUS ZONING DESIGNATIONS FOR LAND USE IN THE TOWN ZONING AND LAND USE ORDINANCE (CHAPTER 300) AND THE TOWN ZONING MAP TO CREATE THE ADAPTIVE RE-USE (ARU) DISTRICT AND THE STANDARDS ASSOCIATED WITH THEM IN THE TOWN OF BOONTON, NJ PUBLIC HEARING 7

8 ORDINANCES Introduction/Title Only Alderman Eoga ORDINANCE (Introduction/Title Only) AN ORDINANCE OF THE MAYOR AND BOARD OF ALDERMEN, SUPPLEMENTING CHAPTER 218, RESIDENTIAL PROPERTIES, OF THE CODE OF THE TOWN OF BOONTON BY ESTABLISHING , 100% DISABLED VETERAN TAX EXEMPTION ORDINANCE (Introduction/Title Only) AN ORDINANCE OF THE MAYOR AND BOARD OF ALDERMEN TO AMEND CHAPTER 10, BOARDS, COMMISSIONS AND COMMITTEES, ARTICLE III, MAYOR AND BOARD OF ALDERMEN 10-14, PUBLIC MEETING TIMES, OF THE CODE OF THE TOWN OF BOONTON ORDINANCE (Introduction/Title Only) AN ORDINANCE OF THE MAYOR AND BOARD OF ALDERMEN AMENDING CHAPTER TRAFFIC REGULATIONS 8

9 ORDINANCE (introduction/title Only) NEW BUSINESS Alderman Plaisted RESOLUTION RESOLUTION OF THE MAYOR AND BOARD OF ALDERMEN OF THE TOWN OF BOONTON, NEW JERSEY, AWARDING A PROFESSIONAL SERVICES CONTRACT TO H2M ARCHITECTS & ENGINEERS, FOR MASTER PLAN SERVICES FOR THE TOWN OF BOONTON WHEREAS, the Town of Boonton is desirous of obtaining professional services relative to the Master Plan project; and WHEREAS, the Mayor and Board of Aldermen deem it in the best interests of the residents of the Town of Boonton to retain the services of H2M Architects & Engineers, a corporation in the State of New Jersey, having its principal offices at 119 Cherry Hill Road, Suite 110, Parsippany, NJ 07054; and WHEREAS, the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., permits the hiring of professional services without advertising and public bid and requires that the resolution authorizing same be available for public inspection; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Aldermen of the Town of Boonton, New Jersey, as follows: 1. That the Administrator and Clerk be and are hereby authorized to execute a contract on the Town s behalf with H2M Architects & Engineers for professional services relative to the Master Plan project. 2. This contract is awarded without competitive bidding as a professional service in accordance with N.J.S.A. 40A:11-5(1)(a)(i) of the Local Public Contracts Law because the contract is awarded for services to be performed by a person or persons licensed and authorized by law to practice a recognized profession and the services to be rendered are of an unspecific nature not compatible with competitive bidding. 3. The term of services shall be from the date of acceptance of the agreement until its completion, in full accord with the terms and conditions thereof. The total fee for professional services for this project shall not exceed $ 58,500.00, in accordance with the proposal submitted by Jeffrey L. Janota, H2M Architects & Engineers for said project, dated March 3, This award is contingent upon certification by the Chief Financial Officer that sufficient funding exists therefore. 5. Notice of this action shall be published in The Daily Record newspaper within ten (10) days of the passage thereof. I hereby certify that $ 58, is available in the Current Account # and Yolanda Dykes, CFO 9

10 RESOLUTION RESOLUTION OF THE MAYOR AND BOARD OF ALDERMEN OF THE TOWN OF BOONTON, NEW JERSEY, AWARDING A PROFESSIONAL SERVICES CONTRACT TO LARACY ASSOCIATES, LLC FOR TAX COLLECTING SERVICES FOR THE TOWN OF BOONTON WHEREAS, the Town of Boonton is desirous of obtaining professional services relative to tax collecting; and WHEREAS, the Mayor and Board of Aldermen deem it in the best interests of the residents of the Town of Boonton to retain the services of Laracy Associates, LLC, a corporation in the State of New Jersey, having its principal offices at 50 Morse Street, Cranford, NJ 07016; and WHEREAS, the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., permits the hiring of professional services without advertising and public bid and requires that the resolution authorizing same be available for public inspection; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Aldermen of the Town of Boonton, New Jersey, as follows: 1. That the Administrator and Clerk be and are hereby authorized to execute a contract on the Town s behalf with the Laracy Associates for professional services relative to tax collecting. 2. This contract is awarded without competitive bidding as a professional service in accordance with N.J.S.A. 40A:11-5(1)(a)(i) of the Local Public Contracts Law because the contract is awarded for services to be performed by a person or persons licensed and authorized by law to practice a recognized profession and the services to be rendered are of an unspecific nature not compatible with competitive bidding. 3. The term of services shall be from the date of acceptance of the agreement until its completion, in full accord with the terms and conditions thereof. The total fee for professional services for this project shall not exceed $2,500.00/month; in accordance with the proposal submitted by Matthew Laracy for said service, dated June 7, This award is contingent upon certification by the Chief Financial Officer that sufficient funding exists therefore. 5. Notice of this action shall be published in The Daily Record newspaper within ten (10) days of the passage thereof. I hereby certify that $ 2,500/month is available in the Current, Water & Sewer Accounts, Account s# 7= , and Yolanda Dykes, CFO 10

11 RESOLUTION RESOLUTION OF THE MAYOR AND BOARD OF ALDERMEN OF THE TOWN OF BOONTON, COUNTY OF MORRIS AND STATE OF NEW JERSEY AUTHORIZING THE PRO-RATA FUNDING OF A SPECIAL REGIONAL MASTER APPOINTED BY THE COURT IN THE LITIGATION KNOWN AS IMO TOWN OF BOONTON, MRS-L WHEREAS, the Town of Boonton is presently seeking Substantive Certification and has filed a declaratory judgment action entitled IMO Town of Boonton, bearing Docket No. MRS-L Morris County Superior Court, chancery Division; and WHEREAS, as part of this litigation, on or about June 20, 2017, Judge Maryann Nergaard issued an Order appointing Richard B. Reading of Richard B. Reading & Associates, 759 State Road, Princeton, NJ as Special Regional Master, to assist the Court, all Morris County Municipalities and intervenors in an appropriate methodology to employ for projecting the Mount Laurel needs for Morris County and allocating that need among the Morris municipalities; and WHEREAS, Judge Nergaard s Oder also compels all participating Morris County municipalities to contribute a pro-rate share for a Special Regional Master and his fees and costs; and WHEREAS, the Town s pro-rata share begins with an initial contribution of $5,000 payable to a Court ordered designated escrow agent on behalf of Richard B. Reading; and WHEREAS, the Court s Order has provided a schedule of fees which is on file with the Town Clerk s office for such services; and WHEREAS, the award of this contract is pursuant to a Court Order as well as the Local Public Contracts Law (N.J.S.A. 40A:11-1, et seq.) which requires that the resolution authorizing the award of a contract for professional service without competitive bidding, and the contract itself, be available for public inspection. NOW THEREFORE, BE IT RESOLVED by the Mayor and Board of Aldermen of the Town of Boonton, in the County of Morris and State of New Jersey, as follows: 1. The Town is hereby authorized to expend $5,000 for the services of the Court appointed Special Regional Master in the matter entitled IMO Town of Boonton, bearing Docket No. MRS-L , Morris County Superior Court, Chancery Division. 2. It is further authorized that said deposit of $5,000 shall be payable to the escrow agent designated for the Special Regional Master to pay for his fees and costs. BE IT FURTHER RESOLVED that this authorizing is subject to Richard B. Reading of Richard B. Reading & Associates submitting the appropriate documentation to the Town including but not limited to Pay to Play information, Business Registration Certification and appropriate payment and tax information. BE IT FURTHER RESOLVED that the funding for these Court ordered services may be drawn from the Town s Affordable Housing Trust Fund. 11

12 I hereby certify that $ 5, is available in the Affordable Housing/COAH Disbursements Account # Yolanda Dykes, CFO MEETING OPEN TO THE PUBLIC will open the meeting to the public for comment or discussion RESOLUTION RESOLUTION TO RECESS INTO CLOSED SESSION WHEREAS, Section 8 of the Open Public meetings Act, Chapter 231 P.L permits the exclusion of the public from a meeting in certain circumstances; and WHEREAS, this public body is of the opinion that such circumstances presently exist. NOW THEREFORE, BE IT RESOLVED by the Mayor and Board of Aldermen of the Town of Boonton in the County of Morris and State of New Jersey as follows: 1. The public shall be excluded from discussion of and action upon the hereinafter specified subject matter(s. 2. The general nature of the subject matter to be discussed is as follows: Contract Negotiations (Court & Police), Attorney/Client Privilege (Elite Properties); Administration (Finance Office); and Litigation (Affordable Housing) 3. It is anticipated at this time that the above stated subject matter will be made public at the conclusion of each individual specified submit matter. 4. This resolution shall take effect immediately. 5. No action may be taken in Closed Session VOICE VOTE: IN FAVOR: AGAINST: ADJOURN There being no further business, the meeting shall adjourn: VOICE VOTE: IN FAVOR: AGAINST: 12