Mayor & Board of Aldermen Town of Boonton 100 Washington Street Boonton, NJ 07005 REGULAR MEETING MINUTES October 2, 2017 Meeting began 7:00 p.m. All cell phones must be turned off This meeting 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. Elizabeth Bonsiewich Deputy 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 September 29, 2017. 2. 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 September 29, 2017. MAYOR S ANNOUNCEMENT welcomes all residents of the Town of Boonton to supply their input into the preparation of the Master Plan. In simple terms, the Master Plan is the vision of how Boonton will develop over time. As such, it provides local elected officials with guidance regarding how areas should be zoned, the standards that should be incorporated in the Land Use and Development ordinance (commonly referred to as the Zoning Ordinance) and other development standards. Forms are available in Town Hall and online at www.boonton.org. urges all residents of the Town of Boonton to sign up for Nixle notifications on their phones and electronic devices. This is a free service to ensure that valuable information is forwarded to everybody related to road closures, weather reports, etc. www.boonton.org. The Mayor presented the following proclamation: Breast Cancer Awareness WHEREAS, each year the Town of Boonton proclaims the month of October as Breast Cancer Awareness Month; and WHEREAS, the annual campaign aims to create awareness and to promote mammography as the most effective tool in the fight against breast cancer. This is also to educate women and their families of the common signs, symptoms and types of breast cancer, understanding the pathology and treatment options, and resources available to assist in coping with and managing the disease. WHEREAS, National Breast Cancer Awareness Month remains dedicated to increasing public knowledge about the importance of early detection of breast cancer diagnosis and treatment; and WHEREAS, too many women do not utilize mammography at regular intervals even though research indicates it is the best available method of detection to decrease death rates; and 1
WHEREAS, the awareness campaign is sending out several key messages, most notably, the American Cancer Society continues to advise women to get an annual mammogram screening once they reach age 40; and WHEREAS, the National Cancer Institute estimates in the United States, more than 231,000 (female) and 2,000 (male) new cases of breast cancer will be diagnosed this year and over 40,000 people will die; and WHEREAS, there are many organizations that continue to search for a cure through vital research, they also work with the Office of Cancer Control and Prevention in New Jersey and support the Morris-Somerset County Regional Chronic Disease Coalition and its partners to educate our community about the importance of early detection, our best protection and the risks of breast cancer; and NOW, THEREFORE, BE IT PROCLAIMED that the Mayor and Board of Aldermen do hereby recognize all of the above and declare October, 2017 as Breast Cancer Awareness Month and urge all women and their families to increase their knowledge about breast cancer and join us to celebration successes and memorialize lost battles. CORRESPONDENCE Alderman Tullock 1. Email from Sheila Guiton resigning her position on the Board of Health, effective immediately. Alderman Piccioni made a motion to accept the letter and Alderman Wekilsky seconded-motion carried. 2. Letter received from Angel Fajardo, Student at Fairleigh Dickinson University, requesting a student based filming permit to film a small scene on the Boonton Reservoir Walking Bridge. Alderman Piccioni made a motion to open the matter for discussion and Alderman Wekilsky secondedmotion carried and the matter was discussed. Alderman Piccioni made a motion to waive the fee; Alderman Plaisted seconded and permission was granted for filming on the Boonton side of the bridge pending the approval of the Chief of Police. MAYOR S APPOINTMENT appointed Caroline Hollinghurst to a regular position on the Boonton Board of Health Category 1, effective immediately. He stated that Cathy Pilone would now be 1 st Alternate. MEETING OPEN TO THE PUBLIC opened the meeting to the Public Jason Haley of 10033 Slate Mill Road, Bangor, Pa and formerly of 320 West Man Street, Boonton, addressed the Mayor and Board to express his disapproval of the Town s rental inspection law. He stated that the rental program was a violation of his rights and that it caused stress between him and his former landlord and drove him out of town after 25 years of residence. Town Attorney Semrau stated that the law was enacted to protect the safety of tenants by ensuring that landlords maintain standards. He stated that many municipalities use such ordinances. told Mr. Haley that the Town noted his concerns. Having no one else come forward, closed the public portion. CONSENT AGENDA Alderman Piccioni Resolutions 17-229 through 17-235 RESOLUTION 17-229 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: September 18, 2017 Regular and Closed Session Meeting RESOLUTION 17-230 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. 2
RESOLUTION 17-231 RESOLUTION OF THE MAYOR AND BOARD OF ALDERMEN OF THE TOWN OF BOONTON APPROVING THE TERMINAL LEAVE OF LEROY HARRIS AND ACCEPTING AND RELYING UPON LEROY HARRIS S RETIREMENT WHEREAS, on August 31, 2017, Chief Mayhood received correspondence from Leroy Harris advising that he will be retiring from the Town of Boonton Police Department; and WHEREAS, Mr. Harris has advised that his retirement shall be effective May 1, 2018; and WHEREAS, Mr. Harris requested to be placed on terminal leave in accordance with the PBA Local 212 collective negotiations agreement from October 10, 2017 through April 30, 2018; and NOW, THEREFORE BE IT RESOLVED, by the Mayor and Board of Aldermen of the Town of Boonton, County of Morris, State of New Jersey, as follows: 1) The Town of Boonton hereby accepts and relies upon the August 31, 2017, notice of retirement from Leroy Harris, seeking to retire from the Town of Boonton Police Department. 2) Effective August 1, 2018, Leroy Harris shall be retired from his position as Detective from the Town of Boonton Police Department. 3) Leroy Harris has requested to be placed on terminal leave prior to his retirement date of May 1, 2018. 4) The retirement of Leroy Harris is hereby irrevocable as Mr. Harris is only afforded terminal leave upon retiring from service with the Town of Boonton as set forth in the PBA Local 212 collective negotiations agreement. 5) Effective October 10, 2017 through April 30, 2018, Leroy Harris shall be placed on terminal leave in accordance with the PBA Local 212 collective negotiations agreement. 6) On August 31, 2017, Leroy Harris had accumulated 1724 hours of sick and vacation leave time. 1150 hours shall be allocated to Leroy Harris s terminal leave and the remaining 574 hours shall be forfeited in accordance with the terms of the PBA Local 212 collective negotiations agreement. 7) This resolution puts the Town Administrator and CFO on notice to immediately process any and all requests from the State of New Jersey, Division of Pensions and Benefits regarding the retirement of Leroy Harris. 8) This resolution shall take effect immediately. 9) Upon passage of this resolution, a copy shall be provided to Leroy Harris via certified mail return receipt requested. RESOLUTION 17-232 RESOLUTION OF THE MAYOR AND BOARD OF ALDERMEN OF THE TOWN OF BOONTON APPROVING THE TERMINAL LEAVE OF THOMAS TURRISI AND ACCEPTING AND RELYING UPON THOMAS TURRISI S RETIREMENT WHEREAS, on August 31, 2017, Chief Mayhood received correspondence from Thomas Turrisi advising that he will be retiring from the Town of Boonton Police Department; and WHEREAS, Mr. Turrisi has advised that his retirement shall be effective August 1, 2018; and WHEREAS, Mr. Turrisi requested to be placed on terminal leave in accordance with the Superior Officers Association collective negotiations agreement from December 5, 2017 through July 31, 2018; and NOW, THEREFORE BE IT RESOLVED, by the Mayor and Board of Aldermen of the Town of Boonton, County of Morris, State of New Jersey, as follows: 1) The Town of Boonton hereby accepts and relies upon the August 31, 2017, notice of retirement from Thomas Turrisi, seeking to retire from the Town of Boonton Police Department. 2) Effective August 1, 2018, Thomas Turrisi shall be retired from his position as Captain from the Town of Boonton Police Department. 3) Thomas Turrisi has requested to be placed on terminal leave prior to his retirement date of August 1, 2018. 4) The retirement of Thomas Turrisi is hereby irrevocable as Mr. Turrisi is only afforded terminal leave upon retiring from service with the Town of Boonton as set forth in the Superior Officers Association collective negotiations agreement. 5) Effective December 5, 2017 through July 31, 2018, Thomas Turrisi shall be placed on terminal leave in accordance with the Superior Officers Association collective negotiations agreement. 3
6) On August 31, 2017, Thomas Turrisi had accumulated 2055 hours of sick and vacation leave time. 1370 hours shall be allocated to Thomas Turrisi s terminal leave and the remaining 685 hours shall be forfeited in accordance with the terms of the Superior Officers Association collective negotiations agreement. 7) This resolution puts the Town Administrator and CFO on notice to immediately process any and all requests from the State of New Jersey, Division of Pensions and Benefits regarding the retirement of Thomas Turrisi. 8) This resolution shall take effect immediately. 9) Upon passage of this resolution, a copy shall be provided to Thomas Turrisi via certified mail return receipt requested. RESOLUTION 17-233 RESOLUTION OF THE MAYOR AND BOARD OF ALDERMEN OF THE TOWN OF BOONTON AUTHORIZING A ONE- YEAR ETENSION TO THE TREATMENT WORKS APPROVAL GRANTED TO AVALON BAY FOR BLOCK 69, LOT 72, LOCATED ON WOOTTON STREET IN THE TOWN OF BOONTON WHEREAS, AvalonBay Communities, Inc. ( Avalon Bay ) is the owner of certain property located on Wootton Street in the Town of Boonton, known as Block 69, Lot 72; and WHEREAS, AvalonBay is the holder of a Treatment Works Application ( TWA ) approval from the Town of Boonton pursuant to Resolution #13-181; and WHEREAS, Avalon Bay was previously granted a one-year extension to the TWA approval pursuant to Resolution #16-221, adopted on November 7, 2016; and WHEREAS, by way of correspondence dated September 6, 2017, Avalon Bay requested an additional one-year extension due to the project being under construction; and WHEREAS, the Town Engineer has reviewed the request and recommended that the Town authorize the additional one-year extension to the TWA Approval; and WHEREAS, the Mayor and Board of Aldermen believe it is in the best interests of the Town to authorize the extension to the TWA approval to facilitate the ongoing construction. NOW THEREFORE, BE IT RESOLVED that the Mayor and Board of Aldermen of the Town of Boonton, in the County of Morris, and State of New Jersey, hereby authorize an additional one-year extension to the TWA approval, as memorialized in Resolution #13-181 and Resolution #16-221, for Block 69, Lot 72, located on Wootton Street in the Town of Boonton, with respect to the ongoing construction. RESOLUTION 17-234 RESOLUTION AUTHORIZING THE PURCHASE OF ELECTRICITY FOR TWO (2) COBRA STREET LIGHTS WHEREAS, the Public Works and Property Committee recommends additional street lighting along Main Street, specifically at the intersections of Main & Cornelia Streets and Main & William Streets; and WHEREAS, Jersey Central Power and Light Co., Inc. has submitted a report indicating the yearly average energy cost of $259.80 (Cornelia Street: $12.24/month and William Street - $9.41/month). NOW THEREFORE, BE IT RESOLVED that the Mayor and Board of Aldermen hereby approve the installation of two (2) Cobra lights, to be located at the intersections of Main and Cornelia Streets and Main and William Streets. RESOLUTION 17-235 RESOLUTION OF THE MAYOR AND BOARD OF ALDERMEN OF THE TOWN OF BOONTON TO ACCEPT THE PROPOSAL SUBMITTED BY YOUR WAY CONSTRUCTION, INC. AS THE LOWEST RESPONSIBLE BIDDER FOR PERFORMANCE OF THE 121 KANOUSE STREET SEWER BRANCH CONNECTION REPAIR WHEREAS, the Town of Boonton publicly advertised for bids in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., for performance of the 121 Kanouse Street sewer branch connection repair; and WHEREAS, on the publicly advertised bid opening date of September 20, 2017, the Town received proposals from the following vendors: 1) Your Way Construction, Inc. $40,185.40 2) John Garcia Construction Co., Inc. $49,900.60 WHEREAS, after review of the bid proposal submissions it has been determined that the lowest responsible bid was received from Your Way Construction, Inc. and this bid should be accepted; and WHEREAS, the Board of Alderman is satisfied with the proposal submitted by Your Way Construction, Inc., the lowest responsible bidder, as being the proposal which satisfies the best interest of the Town and being in conformance with the requirements promulgated pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.; and 4
WHEREAS, the Town wishes to proceed with this necessary project and for that purpose accepts the proposal submitted by Your Way Construction, Inc.; and WHEREAS, the Chief Financial Officer has certified that sufficient funds are available for this project. NOW THEREFORE BE IT RESOLVED by the Town of Boonton, in the County of Morris and State of New Jersey, as follows: 1. It does hereby authorize the issuance of a Contract to Your Way Construction, Inc., 404 Coit Street, Irvington, New Jersey 07111, for the performance of the 121 Kanouse Street sewer branch connection repair as set forth in Your Way Construction, Inc. s proposal, at a total cost not to exceed $40,185.40, as set forth in the proposal. 2. The Mayor is specifically authorized to execute the aforementioned Contract. 3. This resolution and contract shall be available for public inspection in the office of the Township Clerk. I, Yolanda Dykes, CFO, hereby certifies that $40,185.40 is available in the Sewer Capital Account, # 5-08-55-551-552 Yolanda Dykes, CFO CONSENT AGENDA Alderman Piccioni made a motion to table Resolution 17-235 and Alderman Wekilsky seconded-motion carried. Alderman Eoga stated that terminal leave for three retiring police officers will total $255,000. Roll Call vote for Resolutions 17-229 through 17-234 MOVED: Piccioni SECONDED: Wekilsky, MAYOR & BOARD OF ALDERMEN COMMITTEE REPORTS COMMITTEE Economic Development JAMES LYNCH- stated that the business outreach program being conducted by Morris County EDC will conclude shortly. Findings will be discussed with the Town. He stated that the Transit Village Study was progressing and that he and the Mayor had a conference call with the consultants scheduled for the upcoming Wednesday. Finance & Personnel Ordinance & Codification Parking/Police added that Senator Bucco had presented the Town with a million dollar check for the downtown safety grant. The mayor thanked for his participation. MICHAEL EOGA- stated that there would be a committee meeting October 4 th and that DPW negotiations were continuing. He thanked the Mayor, Jim Lynch, Keith Price and Neil Henry for their work in realizing the shared court agreement. SCOTT MINITER stated that the Committee had met on Thursday and discussed the recodification project. Mr. Semrau s staff will review General Code s preliminary analysis and make recommendations. The Ordinance Committee also discussed the rules governing park usage because the Recreation Committee would like to update signs. The filming ordinance was also discussed as was the environmental impact ordinance amendment recommended by the Planning Board. BOBBY TULLOCK- said the new office administrator and a new part-time parking officer had started work with the Police Department. Interviews for the Captain and Lieutenant positions were completed. Interviews for two Sergeant positions were coming up. Striping in front of homes on Holmes Street and Monroe Street was almost complete. The Street Smart Safety Campaign would be starting the following day with a press conference in front of Town Hall. John Hill School had received a new No Left Turn sign. He also stated that in areas most affected, signs advising motorists of the 48 hour parking rule would be installed. said the Park Mobile would be giving a presentation at the next meeting of the Mayor and Board. Public Works & Property Board of Education Chief Mayhood reported the monthly statistics. He stated that Boonton Day was a big success and thanked the DPW for its contribution to public safety at the event. He also stated that the Town received a grant that Lieutenant Jones had applied for. Parking meters would be installed on Union Street the next day. Line painting was continuing. Recent car break-ins and thefts were being investigated by the Detective Bureau. KEITH PRICE- said that the leaf collection flyer had been mailed. He stated that the second phase of the Spruce Street project would begin the following week and that the DPW garage roof replacement project would begin soon. He thanked the Board for its support of the installation of cobra lighting near Main Street. Alderman Miniter stated that October 4 th was Walk to School day, that the PTA would be hosting a Meet the Candidates event on October 5 th, that the search for a new principal for John Hill School was underway, that there is a likelihood of the second and third grades being move back to School Street School next year and that, the Safe Routes to School project had been postponed indefinitely. 5
Board of Health Boonton Fire Commissioner Boonton Holmes Library Boonton Main Street, Inc. Grants Historic Preservation Comm. Housing Authority Kiwanis Municipal Alliance Parks & Recreation Planning Board had some questions regarding the SSS issue. suggested that the superintendent be invited to a future meeting to address these issues. said that a possible vaping ordinance would be discussed by the Board of Health. Chief Ryerson said that fire prevention visits to all the schools in town had been scheduled. Alderman Eoga said that the Library Board was close to finding a new permanent director. Alderman Plaisted said that fund-raising had been going well, but that unfortunately Executive Director Chris Manzella had submitted her resignation. Alderman Plaisted said that he, Alderman Lynch, and Neil Henry had attended a meeting with the State representative regarding the TAP Grant. Mr. Henry will act as liaison. is hopeful that all funds available to the Town will be received. had nothing to report but stated that a meeting was scheduled for the following Wednesday. that there had been no meeting since they could not get a quorum. A meeting was scheduled to take place in the next two weeks. said that Kiwanis had engaged a bookkeeper and would be proceeding with billing. Alderman Wekilsky said the Municipal Alliance Committee had met and was interested in supporting a vaping ordinance. D.A.R.E. had been renamed L.E.A.D. for Law Enforcement Against Drugs. $10,000 was allocated through Title 4 and would be used to start a program in the non-public schools. The Committee was working with school administration to bring drug awareness to middle school parents. Alderman Price said that the 16 th Annual Boonton Day was a successful event. Walk to School Day was scheduled for October 4th. Trunk or Treat would take place on October 24 th. Mrs. Lynch had met with the superintendent regarding the expansion of the Summer Camp program. Alderman Lynch said that a meeting had taken place and that the ongoing Park Woods project and other applications were discussed. A Master Plan subcommittee was formed. DISCUSSION 1. Affordable Housing-Town Attorney Semrau updated the Mayor and Board regarding affordable housing. Earlier in the year, Burgess and Associates was hired to put together a revised Fair Share Housing Plan. Burgess will have a draft plan ready for review by early November. 2. Barrister Construction Zone Change-Jeff Janota presented the Planning Board s findings on the Barrister zone change application. The Planning Board finds the proposed amendment to be consistent with the Master Plan and recommends that the application move forward. Mr. Janota presented details of the developer s site plan. Some of the Board expressed concerns about how emergency services are to be provided. Mr. Semrau advised that such issues should be addressed with the developer before an ordinance is adopted. 3. Board of Health Proposed Ordinance- There were no questions asked or concerns expressed regarding the proposed ordinance. 4. Permission to post temporary Street Smart pedestrian safety signs on Main Street-Alderman Piccioni made a motion to grant permission, seconded by Alderman Wekilsky-motion carried. ORDINANCES PUBLIC HEARING/FOR ADOPTION: ORDINANCE 18-17 (Final/Public Hearing) AN ORDINANCE OF THE TOWN OF BOONTON, COUNTY OF MORRIS, AND STATE OF NEW JERSEY, REPEALING CHAPTER 201, PARKING, 201-10, BROKEN, JAMMED OR MALFUNCTIONING PARKING METER(S) IN ITS ENTIRETY WHEREAS, Chapter 201, Parking, 201-10, Broken, Jammed or Malfunctioning Parking Meter(s), of the Town of Boonton Code currently provides, The fact that the timing device on any parking meter is not in operation shall be presumptive evidence that the owner or operator of the motor vehicle found parked in the parking space regulated by such parking meter failed to deposit the required fee in said meter, and the indication of such a parking meter of a violation or time expired shall be presumptive evidence of unlawful parking of that motor vehicle ; and WHEREAS, the Mayor and Board of Aldermen have determined that it is in the best interest of the Town, it residents, and visitors to repeal 201-10. NOW THEREFORE, BE IT ORDAINED by the Mayor and Board of Aldermen of the Town of Boonton, County of Morris and State of New Jersey, as follows: SECTION 1. Chapter 201, Parking, 201-10, Broken, Jammed or Malfunctioning Parking Meter(s), of the Town Code is hereby repealed in its entirety. SECTION 2. This Ordinance shall take effect immediately upon final passage, approval and publication as required by law. MOVED: Wekilsky SECONDED: Piccioni PUBLIC HEARING Seeing no one come forward, closed this portion of the meeting. 6
ORDINANCE 20-17 (Final/Public Hearing) AN ORDINANCE OF THE TOWN OF BOONTON, COUNTY OF MORRIS, AND STATE OF NEW JERSEY, REPEALING ARTICLE I, PARKING FUND, OF THE TOWN OF BOONTON CODE, IN ITS ENTIRETY WHEREAS, Article I, Parking Fund, of the Town of Boonton Code currently provides: 30-1 Fund established. There is hereby created a new account to be known as the Town of Boonton Parking Fund. 30-2 Purpose. All monies received from those ordinances that require contributions or payments to be made for parking facilities shall be deposited into the Town of Boonton Parking Fund. ; and 30-3 Appropriation of monies. Monies deposited to the Town of Boonton Parking Fund shall only be appropriated for the creation of new parking facilities or the improvement of existing facilities and for those purposes may be expended from the Town of Boonton Parking Fund. WHEREAS, the Mayor and Board of Aldermen have determined that it is in the best interest of the Town to repeal Article I, in its entirety. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Aldermen of the Town of Boonton, County of Morris and State of New Jersey, as follows: SECTION 1. Article I, Parking Fund, of the Town Code is hereby repealed in its entirety. SECTION 2. This Ordinance shall take effect immediately upon final passage. MOVED: Wekilsky SECONDED: Eoga PUBLIC HEARING Seeing no one come forward, closed this portion of the meeting. ORDINANCE 21-17 (Final/Public Hearing) AN ORDINANCE OF THE TOWN OF BOONTON, COUNTY OF MORRIS AND STATE OF NEW JERSEY, 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 WHEREAS, 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 sets forth that, The public meetings of the Mayor and Board shall commence at 7:30 p.m. on the dates which have been allocated and determined to be meeting nights ; and WHEREAS, the meeting time has changed, and there exists a need to amend the Code to direct the community to the Town s website and Clerk s office to obtain exact meeting dates and times; and WHEREAS, the Mayor and Board of Aldermen have determined that the change is in the best interest of the Town. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Aldermen of the Town of Boonton, County of Morris, State of New Jersey as follows: SECTION 1. 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 is hereby amended to read as follows: 10-14. Public meeting times. The Mayor and Board of Alderman meet twice a month. Exact dates and times of the meetings can be viewed at the Town s website, www.boonton.org, or by calling the Town Clerk s office at 973-402-9410. SECTION 2. The Mayor and Town Clerk and all other proper officers and employees of the Town are hereby authorized and directed to take any and all steps necessary to effectuate the purposes of this Ordinance. 7
SECTION 3. All ordinances of the Town of Boonton that are inconsistent with the provisions of this Ordinance are hereby repealed to the extent of such inconsistency. SECTION 4. This Ordinance shall take effect immediately upon final passage, approval and publication as required by law. MOVED: Wekilsky SECONDED: Piccioni PUBLIC HEARING Seeing no one come forward, closed this portion of the meeting. ORDINANCE NO. 22-17 (Final/Public Hearing) AN ORDINANCE OF THE TOWN OF BOONTON, COUNTY OF MORRIS, AND STATE OF NEW JERSEY, REPEALING CHAPTER 201, PARKING, SECTION 201-18, DIVISION STREET PARKING LOT (SPECIAL AGREEMENT), IN ITS ENTIRETY WHEREAS, Chapter 201, Parking, 201-18, Division Street Parking Lot (special agreement) currently sets forth that: ; and A. The Division Street lot is privately owned property. It is leased to the Town of Boonton for use as a municipal parking lot, between the hours of 7:00 a.m. and 7:00 p.m. Monday through Saturday, in designated spaces only. During the times this lot is operated by the Town, all the regulations covering other municipal parking lots apply. B. There are spaces reserved for use by the owner of the property, which are appropriately marked "Reserved" and shall not be governed by these regulations. The spaces reserved for use by the owner shall be subject to those rules imposed by the said owner, enforced by N.J.S.A. 39:4-56.5. C. Between the hours of 7:00 p.m. and 7:00 a.m. Monday through Saturday and all day Sundays and holidays, this lot is private property and subject to the rules governing parking as set by the owner and enforced under N.J.S.A. 39:4-56.5. WHEREAS, the Mayor and Board of Alderman of the Town of Boonton have determined that it is in the best interest of the Town to remove references to the Division Street Parking Lot from the Code, as the prior special agreement regarding the lot is no longer in effect. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Alderman of the Town of the Boonton, in the County of Morris, and State of New Jersey as follows: SECTION 1. Chapter 201, Parking, 201-18, Division Street Parking Lot (special agreement), is hereby repealed in its entirety. SECTION 2. All Ordinances of the Town of Boonton that are inconsistent with the provisions of this Ordinance are hereby repealed to the extent of such inconsistency. SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this Ordinance. SECTION 4. This Ordinance shall take effect immediately upon final passage, approval, and publication as required by law. MOVED: Wekilsky SECONDED: Piccioni PUBLIC HEARING Seeing no one come forward, closed this portion of the meeting. 8
ORDINANCE 23-17 (Final/Public Hearing) AN ORDINANCE OF THE TOWN OF BOONTON, COUNTY OF MORRIS AND STATE OF NEW JERSEY, REPEALING PART II, GENERAL LEGISLATION, CHAPTER 76, AMUSEMENT DEVICES, IN ITS ENTIRETY WHEREAS, Part II, General Legislation, Chapter 76, Amusement Devices, of the Town Code sets forth licensing requirements and fees for automatic amusement games, including bagatelle, baseball, pinball amusement games, electronic video games or similar machines or devices; and WHEREAS, Chapter 76 was adopted in 1990, more than twenty-five years ago, when such automatic amusement games were prevalent; and WHEREAS, since that time the nature and type of automatic amusement games has changed dramatically so that Chapter 76 is no longer relevant; and WHEREAS, the Mayor and Board of Alderman of the Town of Boonton do not want the existing ordinance to deter businesses from offering such games in Boonton; and WHEREAS, the Mayor and Board of Aldermen believe that it is in the best interest of the Town to repeal Chapter 76 and replace it with a more current ordinance should the need arise. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Aldermen of the Town of Boonton, County of Morris and State of New Jersey as follows: SECTION 1. Part II, General Legislation, Chapter 76, Amusement Devices, of the Town Code is repealed in its entirety. SECTION 2. All ordinances of the Town of Boonton that are inconsistent with the provisions of this Ordinance are hereby repealed to the extent of such inconsistency. SECTION 3. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this Ordinance. SECTION 4. This Ordinance shall take effect immediately upon final passage, approval, and publication as required by law. SECTION 5. This Ordinance may be renumbered for codification purposes. MOVED: Wekilsky SECONDED: Miniter PUBLIC HEARING Seeing no one come forward, closed this portion of the meeting. ORDINANCE 24-17 (Final/Public Hearing) AN ORDINANCE OF THE TOWN OF BOONTON, COUNTY OF MORRIS AND STATE OF NEW JERSEY, AMENDING CHAPTER 289, VEHICLES AND TRAFFIC, 289-16, TURN PROHIBITIONS, TO RESTRICT RIGHT TURNS ONTO DIVISION STREET FOR VEHICLES OVER A CERTAIN SIZE WHEREAS, the Mayor and Board of Alderman of the Town of Boonton have determined that it is in the best interest of the Town to restrict right turns onto Division Street for vehicles over a certain size. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Alderman of the Town of the Boonton, in the County of Morris, and State of New Jersey as follows: SECTION 1. Chapter 289, Vehicles and Traffic, 289-16, Turn Prohibitions, is hereby supplemented and amended to read as follows: Intersection Turn Prohibition Movement Prohibited Along Main Street U-Turn Myrtle Avenue to Hill Street inclusive Driveways to bank Left Turn North on Ely Street located on Lot 1, Block 114.01 Lathrop Avenue Left Turn Westbound on Lathrop Avenue, and John Hill making left turn into John Hill School 9
School parking lot parking lot, and left turns out of John Hill School parking lot, 7:30 a.m. to 9:00 a.m. and 2:30 p.m. to 4:30 p.m., school days Liberty Street and Right Turn Northbound on Liberty Street to east Birch Street on Birch Street, 7:30 a.m. to 8:10 a.m. and 2:30 to 3:10 p.m., school days William Street and Left Turn Southbound on William Street to Union Street eastbound on Union Street Division Street and Right Turn Northbound on Division Street for Main Street vehicles with a gross vehicle weight of 25,000 lbs or greater SECTION 2. All Ordinances of the Town of Boonton that are inconsistent with the provisions of this Ordinance are hereby repealed to the extent of such inconsistency. SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this Ordinance. SECTION 4. This Ordinance shall take effect immediately upon final passage, approval, and publication as required by law. MOVED: Wekilsky SECONDED: Eoga PUBLIC HEARING Seeing no one come forward, closed this portion of the meeting. ORDINANCE 25-17 (Final/Public Hearing) AN ORDINANCE OF THE TOWN OF BOONTON, COUNTY OF MORRIS AND STATE OF NEW JERSEY, AMENDING CHAPTER 121, DUMPSTERS, 121-3, PROHIBITED CONDUCT, TO REQUIRE DUMPSTERS TO BE COVERED WHILE NOT IN ACTIVE USE WHEREAS, the Mayor and Board of Alderman of the Town of Boonton have determined that it is in the best interest of the Town to require dumpsters to be covered while not in active use. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Alderman of the Town of the Boonton, in the County of Morris, and State of New Jersey as follows: SECTION 1. Chapter 121, Dumpsters, 121-3, Prohibited Conduct, paragraph A, is hereby supplemented and amended to read as follows: A. Any person who controls, whether owned, leased or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing. SECTION 2. All Ordinances of the Town of Boonton that are inconsistent with the provisions of t his Ordinance are hereby repealed to the extent of such inconsistency. SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this Ordinance. 10
SECTION 4. This Ordinance shall take effect immediately upon final passage, approval, and publication as required by law. MOVED: Wekilsky SECONDED: Eoga PUBLIC HEARING Seeing no one come forward, closed this portion of the meeting. stated that the language that the Committee had discussed did not appear to be in the ordinance. Alderman Wekilsky amended his motion to include the wording while not in active use in Section 1; Alderman Eoga seconded. reopened the public portion; having no one come forward, he closed the public portion. ORDINANCE 26-17 (Final/Public Hearing) AN ORDINANCE OF THE TOWN OF BOONTON, COUNTY OF MORRIS AND STATE OF NEW JERSEY, REPEALING SECTION 80-6, GENERAL REGULATION, PARAGRAPH B, OF THE CODE OF THE TOWN OF BOONTON WHEREAS, Part II, General Legislation, Chapter 80, Animals, Section 80-6, General regulations, Paragraph B, of the Code of the Code of the Town of Boonton provides that for a fee set by ordinance, a Town resident may request that the Animal Control Officer remove any animal, other than a dog or cat, from their property; and WHEREAS, Paragraph B was intended to provide for the removal of nuisance wildlife, not to provide for the removal of healthy, non-nuisance wildlife from their natural habitat; and WHEREAS, the Town will continue to respond to calls regarding nuisance wildlife, including rabies vector species animals; and WHEREAS, the Mayor and Board of Aldermen have determined that it is in the best interest of the Town to repeal Section 80-6, Paragraph B. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Aldermen of the Town of Boonton, County of Morris and State of New Jersey as follows: SECTION 1. Part II, General Legislation, Chapter 80, Animals, Section 80-6, General regulations, Paragraph B, of the Town Code is repealed in its entirety. SECTION 2. All ordinances of the Town of Boonton that are inconsistent with the provisions of this Ordinance are hereby repealed to the extent of such inconsistency. SECTION 3. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this Ordinance. SECTION 4. This Ordinance shall take effect immediately upon final passage, approval, and publication as required by law. SECTION 5. This Ordinance may be renumbered for codification purposes. MOVED: Wekilsky SECONDED: Eoga PUBLIC HEARING Seeing no one come forward, closed this portion of the meeting. ORDINANCE 27-17 (Final/Public Hearing) AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF BOONTON, CHAPTER 246, THEREFOR, ENTITLED SOLID WASTE BE IT ORDAINED by the Mayor and Board of Aldermen of the Town of Boonton, as follows: SECTION 1. Section 246-24 of Chapter 246 entitled, SOLID WASTE, is hereby amended as follows: 11
246-24 Materials allowed to be disposed; quantities A. Building materials, as used in this article, shall be limited to the following: wood (as used in framing and/or siding), wood moldings, window frames and glass, plumbing fixtures and piping, plaster, drywall, insulation, electrical wiring and fixtures, heating fixtures and piping, shingles, tar paper, gutters (wood and aluminum), doors (wood, aluminum or metal), auto parts and tires. B. The maximum size vehicle that will be allowed to dispose building materials at the Town garage is a ¾ ton pickup truck. Dump trucks or mason trucks of any size are expressly prohibited. Alderman Eoga made a motion to table Ordinance 27-17, seconded by Alderman Piccioni-motion carried. MEETING OPEN TO THE PUBLIC opened the meeting to the public for comment or discussion. Police Detective Karl Mangino pointed out that pay-outs for terminal leave packages have now been capped. Karen Marcus, 407 Pine Street, and other members of the Rockaway Valley Garden Club requested relief from the threat of parking tickets while volunteering at the Holmes Library. explained that volunteer parking passes will be available on a limited basis in 2018. A discussion of the matters involved followed. Edina Renfro-Michel, 210 Cornelia Street, also spoke about this matter and in support of the Garden Club. Having no one else come forward, closed the public portion. NEW BUSINESS Alderman Lynch RESOLUTION 17-236 RESOLUTION AUTHORIZING THE ISSUANCE OF NOT ECEEDING $142,000 BOND ANTICIPATION NOTES OF THE TOWN OF BOONTON, IN THE COUNTY OF MORRIS, NEW JERSEY. BE IT RESOLVED BY THE MAYOR AND BOARD OF ALDERMEN OF THE TOWN OF BOONTON, IN THE COUNTY OF MORRIS, NEW JERSEY, AS FOLLOWS: Pursuant to a bond ordinance of the Town of Boonton, in the County of Morris (the Town ) entitled: Bond ordinance providing for the improvement of a new sewer cleaning and vacuum truck for use by the sewer utility of the Town of Boonton, in the County of Morris, New Jersey, appropriating $288,750 therefor and authorizing the issuance of $275,000 bonds or notes of the Town for financing such appropriation, finally adopted on June 21, 2010 (#12-10), bond anticipation notes of the Town in a principal amount not exceeding $142,000 shall be issued for the purpose of temporarily financing the improvement or purpose described in Section 3 of said bond ordinance, including (to any extent necessary) the renewal of any bond anticipation notes heretofore issued therefor. All bond anticipation notes (the notes ) issued hereunder shall mature at such times as may be determined by the treasurer, the chief financial officer or the acting chief financial officer of the Town (the Chief Financial Officer ), provided that no note shall mature later than one year from its date. The notes shall bear interest at such rate or rates and be in such form as may be determined by the Chief Financial Officer and shall be signed and sealed by officials and officers of the Town in any manner permitted by N.J.S.A. 40A:2-25. The Chief Financial Officer shall determine all matters in connection with the notes issued hereunder, and the Chief Financial Officer s signature upon the notes shall be conclusive evidence as to all such determinations. All notes issued hereunder may be renewed from time to time subject to the provisions of N.J.S.A. 40A:2-8. The Chief Financial Officer is hereby authorized to sell part or all of the notes at not less than par from time to time at public or private sale and to deliver them to the purchasers thereof upon receipt of payment of the purchase price. The Chief Financial Officer is directed to report in writing to the governing body of the Town at the meeting next succeeding the date when any sale or delivery of the notes hereunder is made. Such report must include the principal amount, interest rate and maturities of the notes sold, the price obtained and the name of the purchaser. Any note issued pursuant to this resolution shall be a general obligation of the Town, and the Town s faith and credit are hereby pledged to the punctual payment of the principal of and interest on the notes and, unless otherwise paid or payment provided for, an amount sufficient for such payment shall be inserted in the budget and a tax sufficient to provide for the payment thereof shall be levied and collected. The chief financial officer is hereby authorized and directed to do all other matters necessary, useful, convenient or desirable to accomplish the delivery of the notes to the purchasers thereof as promptly as possible, including (i) the preparation, execution and dissemination of a Preliminary Official Statement and Final Official Statement with respect to the notes, (ii) preparation, distribution and publication, if necessary, of a Notice of Sale with respect to the notes, (iii) execution of a Continuing Disclosure Undertaking, with respect to the notes in accordance with 12
Rule 15c2-12 promulgated by the Securities and Exchange Commission and (iv) execution of an arbitrage and use of proceeds certificate certifying that, among other things, the Town, to the extent it is empowered and allowed under applicable law, will do and perform all acts and things necessary or desirable to assure that interest paid on the notes is not included in gross income under Section 103 of the Internal Revenue Code of 1986, as amended. All action heretofore taken by Town officials and professionals with regard to the sale and award of the notes is hereby ratified, confirmed, adopted and approved. MOVED: Lynch SECONDED: Eoga RESOLUTION 17-237 RESOLUTION OF THE MAYOR AND BOARD OF ALDERMEN OF THE TOWN OF BOONTON, COUNTY OF MORRIS AND STATE OF NEW JERSEY AUTHORIZING A PILOT PARKING PROGRAM WHEREAS, the Mayor and Board of Aldermen have recognized that parking on Main Street within the Town is vital to the economic and social development and welfare of the Town of Boonton; and WHEREAS, the Mayor and Board of Aldermen have undertaken various studies, comments and concerns from residents and business owners with respect to parking on Main Street which is at a premium; and WHEREAS, the Mayor and Board of Aldermen have developed a plan to provide incentives for business owners and residents of Main Street to park further away from Main Street in order to increase the use of existing underutilized parking inventory and assist business with loading and unloading; and WHEREAS, the Mayor and Board of Aldermen hereby recommend a 2018 Pilot Parking Permit Program which will is a test program to provide these incentives as follows: A. Special Pilot Permit Parameters: $75.00 annual fee (non-prorated) Permit for long-term parking spots (12-hour meter spots) All rules for regular permits apply Limit 2 per household Limit of 1 volunteer pass per non-profit agency (only 5 non-profit passes available. B. Permit Allocation Methodology: Upper Main Street: 1017 Main Street (Culture Cabin) to 816 Main Street (Speak Easy Art Gallery): Parking for Liberty Street and Upper Plane Street Lot: 15 permits available yellow tag Middle Main Street: 815 Main Street (Upper Plane Street entrance) to 601 Main Street (Wah Yan Kitchen @ Cornelia Street: Parking for Upper Lot, Boonton Avenue, Church and Cornelia Street: 15 permits available orange tag Lower Main Street: 501 Main Street (Post Office) to 200 Main Street (Main Pharmacy Drugs) @ Division Street: Parking for William, Mechanic and Division Streets: 15 permits available red tag Existing Universal $175 Pass: Anyone can purchase and good in all long-term spots (see existing rules) 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 that the 2018 Pilot Parking Permit Program is hereby adopted and shall become effective October 1, 2017. A copy of the program is attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the Pilot Parking Permit Program will expire December 31, 2018. BE IT FURTHER RESOLVED that at the conclusion of the Pilot Parking Permit Program the governing body will review the program and recommendations as to the future of the said program. This Resolution shall take effect immediately. Alderman Piccioni made a motion to accept the Resolution with a change to allow volunteer passes to be used at all metered spots. seconded. made a motion to allow 2 volunteer passes per non-profit agency. seconded. 13
Alderman Lynch stated that parking is a valuable commodity in town and that turnover should be encouraged. He stated that the Town does not charge enough. Resolution 17-237 passed on the following roll call vote: RESOLUTION 17-238 RESOLUTION OF THE MAYOR AND BOARD OF ALDERMEN OF THE TOWN OF BOONTON, COUNTY OF MORRIS AND STATE OF NEW JERSEY AUTHORIZING EECUTION OF SHARED SERVICES AGREEMENT FOR ESTABLISHMENT OF A SHARED MUNICIPAL COURT WITH THE TOWNSHIP OF PARSIPPANY-TROY HILLS WHEREAS, currently the Town of Boonton ( Boonton ) and the Township of Parsippany-Troy Hills ( Parsippany ) maintain their own separate municipal courts and violations bureaus; and WHEREAS, Boonton and Parsippany have expressed a desire to share municipal court services, specifically a courtroom, administrators and staff; and WHEREAS, N.J.S.A. 2B:12-1(c) authorizes two (2) or more municipalities, by resolution, to enter into an agreement to share courtrooms, chambers, equipment, supplies and staff without the need to form an independent joint court; and WHEREAS, Boonton and Parsippany have expressed a desire to enter into such an agreement with Boonton sharing Parsippany s municipal court resources in order to conduct its own municipal court and violations bureau; and WHEREAS, Parsippany has ample court staff and resources to accommodate Boonton s, municipal court and violations bureau, and accepted Boonton s court sharing proposal; and WHEREAS, pursuant to N.J.S.A. 2B:12-1(c), municipalities entering into a shared court agreement must each adopt a resolution authorizing and clearly identifying the agreement; WHEREAS, the governing body of the Town of Boonton finds that it is in the best interest of the Town to enter into the proposed Shared Services Agreement with Parsippany for payment as follows: First year $167,313.04 (less a $4,000 credit in the first year only), subsequent years payments shall be in an amount equal to the immediate prior year payment plus a 2% escalator; and WHEREAS, the Shared Services Agreement shall take effect upon adoption of this Resolution, a corresponding Resolution by Parsippany, the approval by the Assignment Judge of the Morris/Sussex Vicinage and approval by the New Jersey Administrative Office of the Courts; and NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Board of Alderman of the Town of Boonton, that Mayor Matthew DiLauri is hereby authorized to execute a Shared Services Agreement with Parsippany-Troy Hills to share Parsippany s municipal court services as set forth in said Agreement; and BE IT FURTHER RESOLVED that this resolution shall take effect immediately. I, Yolanda Dykes, CFO, hereby certifies that funds are available in the O&E Account #7-01-43-490-200 and S&W Account #7-01-43-490-100. MOVED: Lynch Yolanda Dykes, CFO SECONDED: Eoga 14
RESOLUTION 17-239 RESOLUTION TO RECESS INTO CLOSED SESSION CLOSED SESSION - Alderman Price WHEREAS, Section 8 of the Open Public Meetings Act, Chapter 231 P.L. 1975 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: 1) Contract Negotiations, 2) Police Dept. Personnel, 3) Attorney-Client Privilege 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 MOVED: Piccioni SECONDED: Eoga VOICE VOTE: IN FAVOR: AGAINST: RETURN TO OPEN MEETING MOVED: Eoga SECONDED: Plaisted VOICE VOTE: IN FAVOR: AGAINST: RESOLUTION 17-240 RESOLUTION OF THE MAYOR AND BOARD OF ALDERMEN OF THE TOWN OF BOONTON, COUNTY OF MORRIS AND STATE OF NEW JERSEY AUTHORIZING THE PROMOTION OF STEPHEN JONES TO THE POSITION OF CAPTAIN IN THE BOONTON POLICE DEPARTMENT WHEREAS, the Mayor and Board of Aldermen along with the Chief of Police have a vacancy for the position of Captain in the Police Department for the Town of Boonton; and WHEREAS, a subcommittee and the Chief of Police have met and interviewed all of the candidates; and WHEREAS, the candidate has also successfully completed the Civil Service exam; and WHEREAS, the subcommittee and the Chief of Police hereby recommend Stephen Jones for the promotion to the title of Captain; and 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 that Stephen Jones hereby be appointed to the title and position of Captain in the Boonton Police Department effective October 3, 2017. MOVED: Piccioni SECONDED: Wekilsky VOICE VOTE: IN FAVOR: AGAINST: RESOLUTION 17-241 RESOLUTION OF THE MAYOR AND BOARD OF ALDERMEN OF THE TOWN OF BOONTON, COUNTY OF MORRIS AND STATE OF NEW JERSEY AUTHORIZING THE PROMOTION OF ROYCE STAFFORD TO THE POSITION OF LIEUTENANT IN THE TOWN OF BOONTON POLICE DEPARTMENT WHEREAS, the Chief of Police has notified the Mayor and Board of Aldermen that the position of Lieutenant has become vacant; and WHEREAS, the candidates for the position of Lieutenant have completed the Civil Service written examination and interviewed with a subcommittee of the Mayor and Board of Aldermen; and WHEREAS, the Mayor and Board of Aldermen have received a recommendation from the subcommittee and the Chief of Police to promote Royce Stafford to the position of Lieutenant; 15