Eleventh Regular Meeting of the Township Council. The meeting commenced at 7:39 PM. Mayor McCarthy opened the meeting with the following brief statement. Bloomfield, New Jersey 07003 "Notice of time, date, location and agenda of this meeting, to the extent then known was provided at least forty eight (48) hours prior to the commencement of this meeting in the following manner pursuant to the provisions of Chapter 231 of the Law of l975 (The Open Public Meetings Act). 1. By posting such notice on the bulletin board in the Municipal Building, and 2. By mailing such notice to the offices of the Independent Press, Bloomfield Life and The Star Ledger. At this time, Mayor McCarthy led the audience in the Pledge of Allegiance. Roll call showed present: Councilman Joanow, Councilman Ruane, Councilwoman Barker, Councilwoman Spychala, Councilman Hamilton and Mayor McCarthy. Councilwoman Maly was absent. Mayor McCarthy asked for a motion to approve the minutes of the March 2, 2009, Regular Meeting. Councilman Joanow moved to approve the minutes of the March 2, 2009, Regular Meeting, which motion was seconded by Councilman Joanow and carried. Mayor McCarthy stated that there were no bids. Mayor McCarthy reported that there was no Administrative Agenda. Mayor McCarthy appointed Dominick Ferrara to the Bloomfield Cultural Commission with a term expiring June 30, 2013. Mayor McCarthy stated that at this time he would like to move to another portion of the agenda and adopt the following resolutions: Councilman Hamilton moved and Councilwoman Maly seconded the adoption of the Mayor McCarthy asked if there were any written communications. The Municipal Clerk replied that there were none. Mayor McCarthy asked if anyone wished to be heard. John Palomaki, 15 Newell Drive, thanked the Mayor and Council for the resolution on the agenda regarding the two hybrid vehicles. He also stated that he applauded the Council for their energy saving contributions. Mayor McCarthy asked if anyone else wished to be heard. No one else wished to be heard at this time.
Mayor McCarthy asked for a motion to close the Public portion of the meeting. Councilman Joanow moved to close the Public Hearing of the 2009 Municipal Budget, which motion was seconded by Councilwoman Barker. Roll call vote showed the following: Councilman Joanow, Councilman Ruane, Councilwoman Barker, Councilwoman Spychala, Councilman Hamilton and Mayor McCarthy voted "aye". Councilwoman Maly was absent. Councilwoman Barker submitted the following ordinance on first reading: AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 387 OF THE BLOOMFIELD TOWNSHIP CODE, PROVIDING PARKING FOR PHYSICALLY LIMITED PERSONS (Grace Street) BE IT ORDAINED by the Mayor and Council of the Township of Bloomfield, County of Essex, State of New Jersey, as follows: Section 1. Chapter 387, entitled: PARKING FOR HANDICAPPED, Section 387-4, Enumeration of restricted parking areas, of the Code of the Township of Bloomfield is hereby amended by the addition of the following: (357) Grace Street, easterly side, starting at a point 143 feet south of the southerly curb line of Delaware Avenue and running 20 feet north there from (43 Grace Street). Section 2. All ordinances inconsistent herewith are hereby repealed. Section 3. This ordinance shall take effect upon final passage and publication in accordance with the law. On motion of Councilwoman Barker, seconded by Councilwoman Spychala same was passed on first reading: Roll call vote showed the following: Councilman Joanow, Councilman Ruane, Councilwoman Barker, Councilwoman Spychala, Councilman Hamilton and Mayor McCarthy voted "aye". Councilwoman Maly was absent. Councilwoman Spychala submitted the following ordinance on first reading: Councilman Hamilton asked what the bond improvements were. He said he did not see any explanation of what they were for. The Municipal Clerk read the Ordinance that was submitted on first reading: BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS OF THE TOWNSHIP OF BLOOMFIELD, IN THE COUNTY OF ESSEX, NEW JERSEY, 307
APPROPRIATING THE AGGREGATE AMOUNT OF $2,935,400 THEREFORE AND AUTHORIZING THE ISSUANCE OF $2,145,005 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF. BE IT ORDAINED by the Mayor and Council of the Township of Bloomfield, in the county of Essex, New Jersey (not less than two-thirds of all members thereof affirmatively concurring) AS FOLLOWS: Section 1. The several improvements described in Section 3 of this bond ordinance are hereby respectively authorized to be undertaken by the Township of Bloomfield, New Jersey (the "Township") as general improvements. For the several improvements or purposes described in Section 3, there are hereby appropriated the respective sums of money therein stated as the appropriation made for each improvement or purpose, such sums amounting in the aggregate to $2,935,400, including $677,500 in grants (as more specifically described in Section 3(c), Section 3(l) and Section 3(o) hereof), and including the aggregate sum of $112,895 as the several down payments for the improvements or purposes required by the Local Bond Law. The down payments have been made available by virtue of provision for down payment or for capital improvement purposes in one or more previously adopted budgets. Section 2. In order to finance the cost of the several improvements or purposes not covered by application of the several down payments, negotiable bonds are hereby authorized to be issued in the principal amount of $2,145,005 pursuant to the Local Bond Law. In anticipation of the issuance of the bonds, negotiable bond anticipation notes are hereby authorized to be issued pursuant to and within the limitations prescribed by the Local Bond Law. Section 3. The several improvements hereby authorized and the several purposes for which the bonds are to be issued, the estimated cost of each improvement and the appropriation therefore, the estimated maximum amount of bonds or notes to be issued for each improvement and the period of usefulness of each improvement are as follows: Purpose Appropriation and Estimated Cost Estimated Maximum Amount of Bonds or Notes Period of Usefulness a) Municipal Clerk s Office: Microfilming of data, acquisition of file cabinets and microfilm reader/printer, including all related costs and expenditures incidental thereto. $ 21,025 $ 19,975 15 years 308
Purpose Appropriation and Estimated Cost Estimated Maximum Amount of Bonds or Notes Period of Usefulness b) Cable TV: Improvements to studio and acquisition of equipment, including all related costs and expenditures incidental. $ 88,680 $ 84,245 10 years c) Fire Department: $ 543,325 Acquisition of stationwear and turnout gear, (including a $290,000 grant radios, rescue truck and improvements including from the Federal painting and plaster work and brick Emergency Management sealing/repointing to Station 4, including all Agency) related costs and expenditures incidental thereto. d) Health and Human Services: $ 240,660 5 years Acquisition of outside kennels and washer and dryer for animal shelter, including all related costs and expenditures incidental thereto. $ 55,685 $ 52,900 5 years e) Information Systems: 1) Acquisition of computer equipment, police computer equipment and a Kronos system upgrade, including all related costs and expenditures incidental thereto. $ 200,365 $ 190,345 7 years 2) Acquisition of wireless equipment, including all related costs and expenditures incidental thereto. $ 5,725 $ 5,440 10 years f) Library: Acquisition of new books, including all related costs and expenditures incidental thereto. $ 52,040 $ 49,440 10 years g) Police Department: Acquisition of hybrid sport utility vehicles including equipment, police car equipment for new vehicles, equipment for new police recruits, digital police car cameras and new handguns, including all related costs and expenditures incidental thereto. $ 164,455 $ 156,230 5 years h) Police Communications: Acquisition of handheld police radios, including all related costs and expenditures incidental thereto. $ 18,735 $ 17,800 5 years 309
i) Recreation Department: Various improvements including clay and conditioning to the athletic fields, turf solutions at Lower Memorial and flooring at the Civic Center, including all work and materials necessary therefore and incidental thereto. $ 96,800 $ 91,960 15 years j) Department of Public Works: Acquisition of electrical lift bucket, including all related costs and expenditures incidental thereto. $ 156,130 $ 148,320 5 years k) Engineering: Various improvements to the municipal building, Upper Memorial Park environmental reports, new roof to the law enforcement building, purchase of new boilers for the municipal building, purchase of emergency generators, including all related costs and expenditures incidental thereto. $ 796,250 $ 756,440 15 years l) Roads: Improvements to various roads, including curbs and resurfacing of N. Fulton Street, Hickory Street and Sycamore Street and resurfacing of N. 16 th Street, including all work and materials necessary therefore and incidental thereto. m) Roads: $ 302,500 (includes a $302,500 Community Development Block Grant) $ 0 N/A Improvements to various roads, including resurfacing and/or curbs at Barnett Street and Collins Avenue, including all work and materials necessary therefore and incidental thereto. $ 140,515 $ 133,490 20 years n) Sewer: Various sewer system repairs, including stream cleaning of Third River, outfall repairs and stabilization, connection repairs, sewer root control and line inspections and cleaning, including all work and materials necessary therefore and incidental thereto. $ 208,170 $ 197,760 40 years o) Shade Tree and Grounds: Various sidewalk repairs and tree planting, including all work and materials necessary therefore and incidental thereto. $ 85,000 (including an $85,000 Community Development Block Grant) TOTALS $2,935,400 $2,145,005 $ 0 N/A 310
The excess of the appropriation made for each of the improvements or purposes aforesaid over the estimated maximum amount of bonds or notes to be issued therefore, as above stated, is the amount of the down payment for each purpose. Section 4. All bond anticipation notes issued hereunder shall mature at such times as may be determined by 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. The chief financial officer shall determine all matters in connection with notes issued pursuant to this ordinance, 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 the Local Bond Law. The Chief Financial Officer is hereby authorized to sell part or all of the notes 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 plus accrued interest from their dates to the date of delivery thereof. The Chief Financial Officer is directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the notes pursuant to this ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the notes sold, the price obtained and the name of the purchaser. Section 5. The Township hereby certifies that it has adopted a capital budget or a temporary capital budget, as applicable. The capital or temporary capital budget of the Township is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith. To the extent that the purposes authorized herein are inconsistent with the adopted capital or temporary capital budget, a revised capital or temporary capital budget has been filed with the Division of Local Government Services. stated: expenses. Section 6. (a) The following additional matters are hereby determined, declared, recited and The purposes described in Section 3 of this bond ordinance are not current They are all improvements that the Township may lawfully undertake as general improvements, and no part of the costs thereof has been or shall be specially assessed on property specially benefited thereby. 311
(b) Bloomfield, New Jersey 07003 The average period of usefulness, computed on the basis of the respective amounts of obligations authorized for each purpose and the reasonable life thereof within the limitations of the Local Bond Law, is 13.71 years. (c) The Supplemental Debt Statement required by the Local Bond Law has been duly prepared and filed in the office of the Clerk, and a complete executed duplicate thereof has been filed in the office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. Such statement shows that the gross debt of the Township as defined in the Local Bond Law is increased by the authorization of the bonds and notes provided in this bond ordinance by $2,145,005, and the obligations authorized herein will be within all debt limitations prescribed by that Law. (d) An aggregate amount not exceeding $350,000 for items of expense listed in and permitted under N.J.S.A. 40A:2-20 is included in the estimated costs indicated herein for the purposes or improvements. Section 7. The Township hereby declares the intent of the Township to issue the bonds or bond anticipation notes in the amount authorized in Section 2 of this bond ordinance and to use proceeds to pay or reimburse expenditures for the costs of the purposes described in Section 3 of this bond ordinance. This Section 7 is a declaration of intent within the meaning and for purposes of Treasury Regulations 1.150-2 or any successor provisions of federal income tax law. Section 8 Any grant moneys received for the purposes described in Section 3 hereof shall be applied either to direct payment of the cost of the improvements or to payment of the obligations issued pursuant to this ordinance. The amount of obligations authorized but not issued hereunder shall be reduced to the extent that such funds are so used. Section 9. The Chief Financial Officer of the Township is hereby authorized to prepare and to update from time to time as necessary a financial disclosure document to be distributed in connection with the sale of obligations of the Township and to execute such disclosure document on behalf of the Township. The Chief Financial Officer is further authorized to enter into the appropriate undertaking to provide secondary market disclosure on behalf of the Township pursuant to Rule 15c2-12 of the Securities and Exchange Commission (the Rule ) for the benefit of holders and beneficial owners of obligations of the Township and to amend such undertaking from time to time in connection with any change in law, or interpretation thereof, provided such undertaking is and continues to be, in the opinion of a nationally recognized bond counsel, consistent with the 312
requirements of the Rule. In the event that the Township fails to comply with its undertaking, the Township shall not be liable for any monetary damages, and the remedy shall be limited to specific performance of the undertaking. Section 10. The full faith and credit of the Township are hereby pledged to the punctual payment of the principal of and the interest on the obligations authorized by this bond ordinance. The obligations shall be direct, unlimited obligations of the Township, and the Township shall be obligated to levy ad valorem taxes upon all the taxable real property within the Township for the payment of the obligations and the interest thereon without limitation of rate or amount. Section 11. This bond ordinance shall take effect 20 days after the first publication thereof after final adoption, as provided by the Local Bond Law. Councilman Hamilton stated that at the last Conference Meeting he understood that there would be a breakdown of what the capital money is to be used for. Councilman Ruane stated that he does not remember discussing the capital budget and he had not seen it broken down the way the Clerk had read it tonight. He stated that the discussion should be done in a Conference meeting and then brought to the floor. Mayor McCarthy stated that it was his understanding that the capital budget was discussed and voted on last week in the Conference meeting. Councilman Hamilton stated that it was brought to the Mayor and Council at the Conference Meeting. He explained that the Council did not discuss the budget last week, they just voted on it. Councilman Hamilton said that it was given to them before Memorial Day weekend, they were told it needed to be placed on this agenda and had to be voted on. Mr. Palomaki and he took exception to the fact that they were part of an Advisory Committee to review the budget and this part of the budget was never given to them to review. He said the Advisory Committee had additions to be added into the capital budget for planning purposes for future years. Mayor McCarthy asked if it was the pleasure of the Council to defer the Bond Ordinance so the Council can discuss any particular item they would like at the next Conference Meeting. Councilman Ruane moved to defer the introduction of the ordinance so it can be discussed at the next Conference Meeting, which motion was seconded by Councilman Hamilton. The Mayor asked if any Council members would like to discuss the issue. 313
Councilwoman Spychala stated that every week we have items on the agenda for discussion and they are discussed. She said the budget has been discussed at nausea. She said the members vote no, but offer no solutions. Mayor McCarthy explained to Councilwoman Spychala that the discussion was to be on the motion to table. A discussion took place between Councilwoman Spychala and Mayor McCarthy. Mayor McCarthy asked the Clerk to call the vote: roll call vote showed Councilman Joanow, Councilman Ruane, Councilwoman Spychala, Councilman Hamilton and Mayor McCarthy voted aye. Councilwoman Barker voted no. Councilwoman Maly was absent. Mayor McCarthy stated that the Bond Ordinance has been tabled and moved to the next Conference meeting for discussion. Councilman Hamilton submitted the following ordinance on first reading: AN ORDINANCE TO REPEAL AN ORDINANCE AUTHORIZING AND DIRECTING THAT TITLE AND POSSESSION OF CERTAIN REAL PROPERTY SITUATED IN TAX BLOCK 63, LOT 78 OWNED BY BANKS BROS CORP LOCATED WITHIN THE TOWNSHIP OF BLOOMFIELD, COUNTY OF ESSEX AND STATE OF NEW JERSEY BE ACQUIRED BY EMINENT DOMAIN OR PURCHASE OR GIFT BE IT ORDAINED, by the Mayor and Council of the Township of Bloomfield that Ordinance Number 08-07 which was passed on February 4, 2008 within the Township of Bloomfield, Essex County, New Jersey is hereby repealed. Section 1. All ordinances inconsistent herewith are hereby repealed. Section 2. This ordinance shall take effect ten (10) days after the first publication thereof, after final adoption. On motion of Councilman Hamilton, seconded by Councilwoman Barker, same was passed on first reading: Roll call vote showed the following: Councilman Joanow, Councilman Ruane, Councilwoman Barker, Councilwoman Spychala, Councilman Hamilton and Mayor McCarthy voted "aye". Councilwoman Maly was absent. The Municipal Clerk read the following Ordinance by title: AN ORDINANCE TO REPEAL CHAPTER 460 ENTITLED SEX OFFENDERS WITHIN THE TOWNSHIP OF BLOOMFIELD, ESSEX COUNTY, NEW JERSEY 314
315 Bloomfield, New Jersey 07003 Mayor McCarthy asked if there were any objections to the Ordinance just read by the Municipal Clerk. Councilwoman Barker moved the Ordinance just read by the Municipal Clerk be adopted on second reading, which motion was seconded by Councilwoman Spychala. Roll call vote showed the following: Councilman Joanow, Councilwoman Barker, Councilwoman Spychala, Councilman Hamilton and Mayor McCarthy voted "aye". Councilman Ruane voted no. Councilwoman Maly was absent. The Municipal Clerk read the following Ordinance by title: AN ORDINANCE TO AMEND AND SUPPLEMENT CHAPTER 387 OF THE BLOOMFIELD TOWNSHIP CODE, PROVIDING PARKING FOR PHYSICALLY LIMITED PERSONS (46 Charles Street) Mayor McCarthy asked if there were any objections to the Ordinance just read by the Deputy Municipal Clerk. Councilman Joanow moved the following Ordinance be adopted on second reading, which motion was seconded by Councilman Hamilton. Councilwoman Spychala stated that she had received a call from a constituent in the third ward and they suggested a onetime fee for the handicapped space and she would also like the Chief to make sure the spaces are being used by the handicapped person and if not have the space removed. Roll call vote showed the following: Councilman Joanow, Councilman Ruane, Councilwoman Barker, Councilwoman Spychala, Councilman Hamilton and Mayor McCarthy "aye". Councilwoman Maly was absent. The Municipal Clerk read the following ordinance by title: AN ORDINANCE TO FIX AND DETERMINE THE SALARY OF THE BLOOMFIELD FIRE CHIEF OF THE TOWNSHIP OF BLOOMFIELD, NEW JERSEY Councilman Ruane moved the following Ordinance be adopted on second reading, which motion was seconded by Councilwoman Barker. Roll call vote showed the following: Councilman Joanow, Councilman Ruane, Councilwoman Barker, Councilwoman Spychala, Councilman Hamilton and Mayor McCarthy voted "aye". Councilwoman Maly was absent. The Municipal Clerk read the following ordinance by title: AN ORDINANCE TO AMEND CHAPTER 149, BUILDING CONSTRUCTION, ARTICLE II, 149-8, CONSTRUCTION FEES.
316 Bloomfield, New Jersey 07003 Councilwoman Barker moved the following Ordinance be adopted on second reading, which motion was seconded by Councilwoman Spychala. Roll call vote showed the following: Councilman Joanow, Councilman Ruane, Councilwoman Barker, Councilwoman Spychala, Councilman Hamilton and Mayor McCarthy voted "aye". Councilwoman Maly was absent. Councilman Joanow moved and Councilman Ruane seconded the adoption of the 2009 RESOLUTION AGREEMENT WITH CREATIVE OUTDOOR ADVERTISING OF AMERICA recycling; and clean; and WHEREAS, the Township of Bloomfield has a need to increase its source separation for WHEREAS, the Township of Bloomfield has a need to keep it roadways and sidewalks WHEREAS, the Township of Bloomfield does not have enough Capital or resources to implement such a program; and WHEREAS, Creative Outdoor Advertising of America will install and implement a weekly cleaning and maintenance program for all units; and will support the local economy by creating new jobs; and WHEREAS, Creative Outdoor Adverting will provide incremental revenue to the Township for promoting recycling by the Township recycling committee; and NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Township of Bloomfield, County of Essex, State of New Jersey are hereby authorized to enter into an agreement with Creative Outdoor Advertising of America as along as both parties agree upon the terms of the contract. Roll call vote showed the following: Councilman Joanow, Councilman Ruane, Councilwoman Barker, Councilwoman Spychala, Councilman Hamilton and Mayor McCarthy voted "aye". Councilwoman Maly was absent. Councilwoman Spychala moved and Councilman Hamilton seconded the adoption of the 2009 RESOLUTION VEHICLE REPAIR WHEREAS, the Township of Bloomfield has the need to repair the conveyor of its Elgin Sweeper 713; and
WHEREAS, Timmerman of Whitehouse, New Jersey is the only Elgin authorized shop in the area for the rebuilding of a conveyor and has indicated it can make the repair at a cost not to exceed $8,125.50; and WHEREAS, the Director of Public Works recommends that the Township enters into a contract with Timmerman to repair its Sweeper; and WHEREAS, the Director of Finance has certified that funds are available thru the 2009 operating budget. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Township of Bloomfield, County of Essex, State of New Jersey hereby authorizes the Director of Public Works to have Timmerman repair Sweeper 713 at a cost not to exceed $8,125.50. The Mayor asked if there was any discussion. Councilwoman Spychala said she remembered that there was to be some research on outsourcing the street sweeping and wanted to know what was the result of the research. She said that the resolution should be deferred until the Council has more information. Mayor McCarthy said that even if the Director of DPW was looking into the outsourcing, the sweeper still needed to be repaired so we could continue to sweep the streets until a decision was made. He explained to Councilwoman Spychala that she could have asked these questions at the meeting last week and not now. Roll call vote showed the following: Councilman Joanow, Councilman Ruane, Councilwoman Barker, Councilwoman Spychala, Councilman Hamilton and Mayor McCarthy voted "aye". Councilwoman Maly was absent. Councilwoman Spychala moved and Councilman Hamilton seconded the adoption of the RESOLUTION PURCHASE OF VEHICLE, POLICE DEPARTMENT WHEREAS, the Chief of Police has requested that the Township purchase six (6) Ford Crown Victoria Police Interceptors and (2) Ford Escape Hybrid for the Bloomfield Police Department; and WHEREAS, under the Cranford CO-OP Contract #101 Warnock Fleet & Leasing, 175 Route 10, East Hanover, NJ 07936 has Ford Crown Victorians available; and 317
318 Bloomfield, New Jersey 07003 WHEREAS, under New Jersey State Contract # A-763671e Warnock Fleet & Leasing, 175 Route 10, East Hanover, NJ 07936 has a Ford Escape Hybrids available; and WHEREAS, Warnock Fleet & Leasing, has submitted a proposal to sell six (6) Ford Crown Victoria Police Interceptors to the Township at a cost of $23,465.80 each and $28,497.00 for each Hybrid; and Capital budget. WHEREAS, the Director of Finance has certified funds are available in the Operating and NOW, THEREFORE, BE IT RESOLVED, that the Mayor is authorized to sign and the Clerk to attest an agreement to purchase six (6) 2008 Ford Crown Victoria Police Interceptors and two (2) Ford Escape Hybrid with Warnock Fleet & Leasing, 175 Route 10, East Hanover, NJ 07936 at a total cost of $150,996 that shall be paid in three annual payments of $50,332.25. Councilman Hamilton stated that the Police Department should be commended for the purchase of the Hybrid Cars; however, there is some concern with the efficiency of the cars. Councilman Ruane stated that he agreed with Councilman Hamilton, but asked that in the future the Police Chief keep in mind that this township is only 5 square miles and the use of smaller cars would also be more efficient. Councilman Joanow stated that this is an item that he has been an advocate of for a very long time. He said he would like to see more but he will accept the two cars for now. Roll call vote showed the following: Councilman Joanow, Councilman Ruane, Councilwoman Barker, Councilwoman Spychala and Mayor McCarthy voted "aye". Councilman Hamilton voted no. Councilwoman Maly was absent. Councilman Hamilton moved and Councilman Joanow seconded the adoption of the 2009 RESOLUTION EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT WHEREAS, the United States Department of Justice, through its Byrne Memorial Justice Assistance Grant Program(JAG) has established and provided in its fifth year s appropriation a grant award in the amount of $3,781,227.00 aimed a preventing, controlling, and reducing criminal activity in our communities; and WHEREAS, the Newark Police Department through its distinction as the Administering Agency of this grant award intends to apply for and administer the legally appropriated funding to each of the participating agencies; and
WHEREAS, the Bloomfield Police Chief recommends that the Township becomes a participating agency in order to receive its portion of the grant money NOW, THEREFORE BE IT RESOLVED, in accordance with the Police Chief s recommendation that the Mayor and Council hereby authorize the Chief to execute the necessary documents to participate in this grant award; and BE IT FURTHER RESOLVED, that the Chief is hereby directed to ensure that all grant money received is utilized in accordance with the terms and conditions imposed by the grant program. Roll call vote showed the following: Councilwoman Maly, Councilman Joanow, Councilman Ruane, Councilwoman Barker, Councilwoman Spychala, Councilman Hamilton and Mayor McCarthy voted "aye." resolution: Councilman Joanow moved and Councilman Ruane seconded the adoption of the following RESOLUTION PURCHASE OF VEHICLE, FIRE DEPARTMENT WHEREAS, the Fire Chief has requested that the Township purchase one 2010 Ford Escape Hybrid 4WD for the Fire Department; and WHEREAS, under New Jersey State Contract # A-763671 Warnock Fleet & Leasing, 175 Route 10, East Hanover, NJ 07936 has a 2010 Ford Escape Hybrid 4WD available which it will sell to the Township at a cost of $29,872.00; and WHEREAS, the Director of Finance has certified funds are available in accounts 9-01-271-200-000-000, 9-01-273-20-000-F25 and 9-01-272-20-000-F18. NOW, THEREFORE, BE IT RESOLVED, that the Mayor is authorized to sign and the Clerk to attest an agreement to purchase a 2010 Ford Escape Hybrid 4WD from Warnock Fleet & Leasing, 175 Route 10, East Hanover, NJ 07936 at a total cost of $29,872.00. Roll call vote showed the following: Councilman Joanow, Councilman Ruane, Councilwoman Barker, Councilwoman Spychala, Councilman Hamilton and Mayor McCarthy voted "aye". Councilwoman Maly was absent. Councilwoman Barker moved and Councilwoman Spychala seconded the adoption of the 2009 RESOLUTION AUTHORIZING THE AWARD OF A NON-FAIR AND OPEN CONTRACT FOR RESIDENTIAL REHABILITATION PROGRAM 319
WHEREAS, the Township of Bloomfield needs the services of a Residential Rehabilitation Coordinator; and WHEREAS, the Township desires to make this appointment under the provisions N.J.S.A. 19:44A-20.5, as a non-fair and open contract; and WHEREAS, the Director of CDBG has determined and certified in writing that the value of these services may exceed $17,500; and WHEREAS, this contract will end on December 31, 2009; and WHEREAS, Community Grants, Planning and Housing, 569 East Abington Drive, East Windsor, New Jersey 08520 has submitted a proposal indicating they will provide the service in accordance with the attached letter; and WHEREAS, Community Grants, Planning and Housing has completed and submitted a Business Entity Disclosure Certification which certifies it has not made any reportable contributions to a political or candidate committee in the Township of Bloomfield in the previous one year and that the contract will prohibit, Community Grants, Planning and Housing from making any reportable contributions during the term of the contract; and WHEREAS, the Director of Finance has certified that funds are available to cover the cost of this service. NOW, THEREFORE, BE RESOLVED, that the Mayor and Council of the Township of Bloomfield, County of Essex, State of New Jersey authorizes the Director of CDBG to enter into a contract with Community Grants, Planning and Housing as described herein; and BE IT FURTHER RESOLVED, that no minimum payment is implied or guaranteed; and BE IT FURTHER RESOLVED, that the Township reserves the right to cancel this contract upon thirty (30) days notice and the Professional shall only be paid for the work completed or on a pro-rated amount if the contracts calls for a monthly retainer; and BE IT FURTHER RESOLVED, that the Business Disclosure Entity Certification, the Determination of Value and the contract itself shall be available for public inspection at the office of the Township Clerk during regular business hours; and BE IT FURTHER RESOLVED, that a notice of this action shall be printed once in the official newspaper of the Township of Bloomfield. 320
Roll call vote showed the following: Councilman Joanow, Councilman Ruane, Bloomfield, New Jersey 07003 Councilwoman Barker, Councilwoman Spychala, Councilman Hamilton and Mayor McCarthy voted "aye". Councilwoman Maly was absent. Councilman Hamilton moved and Councilman Joanow seconded the adoption of the 2009 RESOLUTION AWARD OF CONTRACT DARLING AVENUE DRAINAGE IMPROVEMENTS WHEREAS, after the required legal advertising was published, sealed bids were received in the Council Chambers of the Municipal Building, Bloomfield, New Jersey on May 21, 2009 by the Purchasing Committee of the Township of Bloomfield in accordance with N.J.S.A. 40A:11-1 et seq., Local Public Contracts Law for the Newark Avenue Drainage Improvements; and for review; and WHEREAS, a total of six (6) bids were received and were referred to the Township Engineer WHEREAS, after review of the bids submitted the Township Engineer determined that the lowest responsible bidder was Cifelli & Son, Inc., 4 Coppola Street, Nutley, New Jersey 07110 for a total contract amount of $18,816.50; and WHEREAS, upon favorable review of the contractor s qualifications, the Township Engineer hereby recommends that the contract be awarded to Cifelli & Son, Inc., 4 Coppola Street, Nutley, New Jersey 07110 for a total contract amount of $18,816.50; and WHEREAS, the Director of Finance has indicated that funding is available in the Township s Capital Account #C-04-55-991-987. NOW THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Township of Bloomfield, County of Essex, State of New Jersey hereby accepts the recommendation of the Township Engineer and he may enter into a contract for the above project with Cifelli & Son, Inc., 4 Coppola Street, Nutley, New Jersey 07110 for a total contract amount of $18,816.50. Roll call vote showed the following: Councilman Joanow, Councilman Ruane, Councilwoman Barker, Councilwoman Spychala, Councilman Hamilton and Mayor McCarthy "aye". Councilwoman Maly was absent. Councilman Hamilton moved and Councilwoman Barker seconded the adoption of the 321
322 Bloomfield, New Jersey 07003 2009 RESOLUTION APPROVAL TO SUBMIT A GRANT APPLICATION AND EXECUTE A GRANT AGREEMENT WITH THE NEW JERSEY DEPARTMENT OF TRANSPORTATION FOR THE LIBERTY STREET AND JOHN F. KENNEDY DRIVE INTERSECTION IMPROVEMENTS WHEREAS, the New Jersey Transportation Trust Fund Authority Act provides funds for the improvement of municipal roads and infrastructure; and WHEREAS, in order to receive funding an application must be made to the Commissioner of Transportation for aid under the Municipal Aid Program portion of the Act; and WHEREAS, the Township Engineer recommends that the Township apply to receive funding for improvements to the intersection of Liberty Street and John F. Kennedy Drive (North and South). NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Township of Bloomfield formally approve the submission of a grant application for the above stated project; and BE IT FURTHER RESOLVED, that the Mayor and Township Clerk are hereby authorized to submit an electronic grant application identified as MA-2010-Bloomfield Town Township-00340 to the New Jersey Department of Transportation on behalf of the Township of Bloomfield; and BE IT FURTHER RESOLVED, that the Mayor and Township Clerk are hereby authorized to sign the grant agreement on behalf of the Township; and BE IT FURTHER RESOLVED, that the Council acknowledges that the Mayor and Clerk s signatures constitute acceptance of the terms and conditions of the grant agreement and the Council hereby approves the execution of the grant agreement. Roll call vote showed the following: Councilman Joanow, Councilman Ruane, Councilwoman Barker, Councilwoman Spychala, Councilman Hamilton and Mayor McCarthy voted "aye". Councilwoman Maly was absent. Councilman Joanow moved and Councilman Hamilton seconded the adoption of the 2009 RESOLUTION ENERGY EFFICIENCY & CONSERVATION BLOCK GRANT PROGRAM (EECBG) WHEREAS, the United States Department of Energy has allocated $177,000.00 for the Township of Bloomfield under the Energy Efficiency & Conservation Block Grant Program, hereafter known as the EECBG Program for purposes of developing projects to conserve energy, maintain or create jobs and reduce the production of greenhouse gases; and
WHEREAS, the Township is required to submit an electronic application to the Department of Energy in order to obtain this funding; and WHEREAS, the Mayor and Council of the Township of Bloomfield desire to obtain this funding for the purpose of installing Light Emitting Diode (LED) street lighting within the North Center section of the Township for the purposes stated in this resolution as well as improving the appearance and aesthetics of the Township; and WHEREAS, a condition of this application will also require the Township to prepare an Energy Efficiency and Conservation Strategy (EECS) within one-hundred-twenty (120) calendar days after notice of award of the grant. NOW, THEREFORE, BE IT RESOLVED, 1) That the Mayor and Council of the Township of Bloomfield does hereby authorize the Township Engineer to prepare and electronically submit an application for this grant on behalf of the Township of Bloomfield; and 2) That the Mayor and Council of the Township of Bloomfield does hereby authorize the Township Engineer to prepare and/or administer the preparation of an Energy Efficiency and Conservation Strategy on behalf of the Township; and 3) The Mayor of the Township of Bloomfield is hereby authorized to execute and the Clerk to attest an agreement and any associated documents required by the United States Department of Energy to receive the funding under this Grant. Roll call vote showed the following: Councilman Joanow, Councilman Ruane, Councilwoman Barker, Councilwoman Spychala, Councilman Hamilton and Mayor McCarthy voted "aye". Councilwoman Maly was absent. Councilman Hamilton moved and Councilwoman Barker seconded the adoption of the 2009 RESOLUTION AWARD OF CONTRACT PURCHASE OF FIRE EQUIPMENT RESCUE TRUCK WHEREAS, after the required legal advertising was published, sealed bids were received in the Council Chambers of the Municipal Building, Bloomfield, New Jersey on May 14, 2009 at 10:00 a.m. by the Purchasing Committee of the Township of Bloomfield in accordance with N.J.S.A. 40A:11-1 et seq., Local Public Contracts Law for the Purchase of Fire Equipment Rescue Truck; and 323
WHEREAS, a total of three (3) bids were received from the following bidders: Campbell Supply Company, 145 Talmage Road, PO Box 266, Edison, New Jersey 08818 in the amount of $315,936.00 (Includes trade-in), Fire & Safety Services Ltd, 200 Ryan Street, South Plainfield, New Jersey 07080 in the amount of $318,670.00, (Includes trade-in) and Federated Emergency Services, LLC, 2240 South Clinton Avenue, South Plainfield, New Jersey 07080 in the amount of $394,757.00 (No trade-in provided); and WHEREAS, after review of the bids, by the Township Engineer and the Fire Chief, it is recommended by the Engineer and Fire Chief that a contract for the purchase of this equipment be awarded to Campbell Supply Company, 145 Talmage Road, PO Box 266, Edison, New Jersey 08818 in the amount of $315,936.00 which includes trade-in; and WHEREAS, the Director of Finance has certified that funds are available through a Federal Emergency Management Agency (FEMA) Grant and the Fire Department capital budget. NOW THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Township of Bloomfield, County of Essex, State of New Jersey hereby accepts the recommendation of the Township Engineer and he may enter into a contract for the above purchase with Campbell Supply Company, 145 Talmage Road, PO Box 266, Edison, New Jersey 08818 in an amount not to exceed $315,936.00 including trade-in. Roll call vote showed the following: Councilman Joanow, Councilman Ruane, Councilwoman Barker, Councilwoman Spychala, Councilman Hamilton and Mayor McCarthy voted "aye". Councilwoman Maly was absent. Councilwoman Spychala moved and Councilman Hamilton seconded the adoption of the 2009 RESOLUTION RENOVATION OF 2 ND FLOOR WOMEN S RESTROOM CHANGE ORDER NO. 1 - FINAL WHEREAS, the Township of Bloomfield entered into a contract for the Renovation of 2 nd Floor Women s Restroom of the Municipal Building with LKL Contracting, 457 Shadyside Road, Ramsey, NJ 07446 (hereinafter the Contractor ); and WHEREAS, during the course of construction, unforeseen, conditions were discovered which resulted in a decrease in contract item #18, Project Contingency which resulted in a decrease in the final contract price; and 324
WHEREAS, the Township s Consultant, Lineworks Architecture and Design, LLC and the Township Engineer have reviewed and agree with the changes as presented in Change Order No. 1 - Final; and WHEREAS, Change Order No. 1 - Final represents a reduction in the cost of the contract in the amount of $1,765.00; and WHEREAS, the Mayor and Council, based on the recommendation of the Township Engineer is satisfied that the specified changes should be approved. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of Bloomfield, County of Essex, State of New Jersey that Change Order No. 1 is hereby approved and the Financial Officer of the Township of Bloomfield is hereby authorized to adjust payment for this work. building. Councilwoman Spychala thanked the Engineer for renovating the bathroom. Councilwoman Barker said that not everyone will see it but it keeps with the character of the Roll call vote showed the following: Councilman Joanow, Councilman Ruane, Councilwoman Barker, Councilwoman Spychala, Councilman Hamilton and Mayor McCarthy voted "aye". Councilwoman Maly was absent. Councilman Joanow moved and Councilwoman Spychala seconded the adoption of the 2009 RESOLUTION - AUTHORIZING THE AWARD OF A NON-FAIR AND OPEN CONTRACT FOR A SPECIAL REDEVELOPMENT COUNSEL WHEREAS, the Township of Bloomfield has the need to hire an attorney to act as Special Redevelopment Counsel to provide legal advice in connection with the Township s downtown redevelopment; and WHEREAS, the Township desires to make this appointment under the provisions N.J.S.A. 19:44A-20.5 as a non-fair and open contract; and WHEREAS, the Township Administrator has determined that the value of these services may exceed $17,500; and WHEREAS, this contract will end December 31, 2009; and 325
WHEREAS, McManimon & Scotland, LLC, One Riverfront Plaza, Newark, New Jersey has indicated they will provide this service at a rate of $195.00 per hour; and WHEREAS, McManimon & Scotland, LLC has completed the attached Business Entity Disclosure Certification which certifies that McManimon & Scotland, LLC has not made any reportable contributions to a political or candidate committee in the Township of Bloomfield in the previous one year, and that the contract will prohibit McManimon & Scotland, LLC from making any reportable contributions through the duration of this contract; and WHEREAS, the Director of Finance has certified that funds are available to cover the cost of this service in an amount not to exceed $50,000. NOW, THEREFORE, BE RESOLVED, that the Mayor and Council of the Township of Bloomfield authorizes the Township Administrator to enter into a contract with McManimon & Scotland, LLC as described herein; and BE IT FURTHER RESOLVED, that no minimum payment is implied or guaranteed; and BE IT FURTHER RESOLVED, that the Township reserves the right to cancel this contract upon thirty (30) days notice and the Professional shall only be paid for the work completed or on a pro-rated amount if the contracts calls for a monthly retainer; and BE IT FURTHER RESOLVED, that the Business Disclosure Entity Certification, the Township Administrator s Determination of Value, the proposal of McManimon & Scotland, LLC and the contract itself be placed on file with this resolution; and BE IT FURTHER RESOLVED, that the above documents shall be available for public inspection at the office of the Township Clerk during regular business hours; and BE IT FURTHER RESOLVED, that a notice of this action shall be printed once in the official newspaper of the Township of Bloomfield. Roll call vote showed the following: Councilman Joanow, Councilman Ruane, Councilwoman Barker, Councilwoman Spychala, Councilman Hamilton and Mayor McCarthy voted "aye". Councilwoman Maly was absent. Councilwoman Barker moved and Councilwoman Spychala seconded the adoption of the 2009 RESOLUTION - AGREEMENT WHEREAS, on April 22, 2009 an Arbitration award was entered into against the Township; and 326
WHEREAS, the Township has agreed to a Consent Order confirming the Arbitration Liability Award and the Damages Arbitration Award in that action; and WHEREAS, under the New Jersey Court Rules, post-judgment interest will begin to accrue on that Judgment upon its entry; and WHEREAS, Bloomfield has requested that the plaintiff waive the post-judgment interest that will accrue on the Judgment while the Township obtains funds to make payment; and WHEREAS, the plaintiff has agreed to do so provided Bloomfield in fact makes the payment within 90 days of the entry of the Judgment; and WHEREAS, the plaintiff has advised Bloomfield, and Bloomfield has agreed, that if the payment is not made within 90 days of the entry of the Judgment, no portion of the post-judgment interest will be waived, and Bloomfield will be required to pay not only the Judgment but also postjudgment interest that accrues from the date on which the Judgment is entered through and including the date on which the Judgment is paid; and WHEREAS, the Parties are mutually desirous of reducing to writing their agreement with respect to the timing of Bloomfield s payment of the Judgment and the terms and conditions on which the plaintiff would waive its right to post-judgment interest on that Judgment. NOW, THEREFORE, BE IT RESOLVED, in consideration of the premises stated above and the promises contained in this resolution, the Parties agree as follows. 1. Bloomfield voluntarily waives any right it has or may have to contest the Arbitration Award, the Consent Order confirming the Arbitration Award, or the Judgment based upon that Consent Order; and 2. Bloomfield will make a lump sum payment in full satisfaction of the Judgment within 90 days after the date on which Judgment is entered with the understanding that if the payment is made within 90 days after the entry of the Judgment, the post-judgment interest that accrues during that 90-day period will be waived. If Bloomfield fails to make the payment within 90 days of its entry the post-judgment interest that accrues on the Judgment will not be waived, and Bloomfield will pay not only the judgment but also all post-judgment interest on the Judgment that accrues from the date on which the Judgment is entered through and including the date on which the Judgment is paid. 3. The Mayor can execute and the Clerk can attest the necessary documents to carry out the intent of this resolution. 327
Roll call vote showed the following: Councilman Joanow, Councilwoman Barker, Councilwoman Spychala, Councilman Hamilton and Mayor McCarthy voted "aye". Councilman Ruane voted no. Councilwoman Maly was absent. Mayor McCarthy stated that there was no unfinished business. Councilman Ruane moved that the following be awarded a license for 2009: RAFFLE LICENSE Bloomfield P.B.A Local 32 Civic Association 1 Municipal Plaza P.O. Box 265 Bloomfield, New Jersey 07003 Off Premise 50/50 HAWKERS & PEDDLERS LICENSE Salih Altuntas 149 North 17 th Street Bloomfield, New Jersey 07003 Pre-Packaged Ice Cream Landscapers license Mesuk Construction (3 stickers) Paul Mesuk 93 Evans Road Bloomfield, New Jersey 07003 which motion was seconded by Councilwoman Barker and carried. Councilman Joanow moved the following Ad Authorization for 2008 Capital and CDBG Roadway Program and Broughton Avenue and Chapel Street Intersection Improvements, which motion was seconded by Councilwoman Barker and carried. Ben Amos, on behalf on County Executive Joseph DiVincenzo, came to address some questions that the Township had asked of the County. Mr. Amos talked about the traffic signal at Franklin and Berkeley Ave., Brookdale Park and Watsessing Park. Councilman Joanow thanked the County for resurfacing Brookdale Park. Councilwoman Spychala asked why the Public Relations firm was not on the agenda. She also asked the Mayor if extended an invitation to the County for the Smart Growth. Mayor McCarthy told the public that on June 3, the Township of Bloomfield will be awarded an award for having the number 1Plan for Redevelopment in the State. 328
There being no further business on motion of Councilman Ruane seconded by Councilwoman Barker, the meeting adjourned at 8:44 PM. Louise M. Palagano Municipal Clerk 329