Council Meeting

REGULAR MEETING AGENDA 1 AGENDA FOR THE REGULAR MEETING OF THE MAYOR & COUNCIL OF THE BOROUGH OF WALDWICK TUESDAY, MARCH 28, 2023 AT 7:30 PM IN THE ADMINISTRATION BUILDING COUNCIL CHAMBERS 63 FRANKLIN TURNPIKE, WALDWICK https://www.youtube.com/channel/UCg4tHscIiffyJFkQ6tfMmUA/streams I. CALL TO ORDER II. STATEMENT OF COMPLIANCE - This meeting is being held in conformance with the Sunshine Law. Notice of time, date and place has been furnished to The Bergen Record and The Ridgewood News. Notice has also been posted on the bulletin board of the Administrative Building. III. ROLL CALL Mayor Giordano ____, Ms. Cericola ____, Mr. Ritchie ____, Mr. Schatz ____, Mr. Sciolaro ____, Mrs. Sherman ____, Mrs. Weber ____. Also present: Borough Administrator Patrick Wherry, Grants Administrator Matthew Guilder, Borough Clerk Kelley Halewicz and Borough Attorney Craig Bossong. IV. PLEDGE OF ALLEGIANCE, MOMENT OF SILENCE HONORING VETERANS & PRAYER V. PROCLAMATIONS & PRESENTATIONS VI. MAYOR’S REPORT AND REPORTS OF COMMITTEES a. Mayor’s Report - Mayor Giordano b. Financial & Administrative Committee - Mr. Sciolaro c. Fire & Police Protection Committee - Ms. Cericola d. Public Safety Committee - Mrs. Sherman e. Recreational & Health Committee - Mrs. Weber f. Public Works Committee - Mr. Ritchie g. Buildings & Grounds Committee - Mr. Schatz VII. DEPARTMENT HEAD REPORTS a. Administrator – Water Update VIII. CONSENT AGENDA RESOLUTIONS 2023-130 Approval of Consent Agenda 2023-131 Approval of Minutes - February 28, 2023, Regular Meeting & Closed Session Meeting Policy Votes a. Franklyn Webster requests to use Pavilion A on May 24 from 12:00 pm – 6:00 pm for a Family Reunion with alcoholic beverages being served REGULAR MEETING AGENDA 2 b. VFW Post 1049 and American Legion Post 57 request to hold a Memorial Day Parade and Ceremony on Monday, May 29 from 9:30 am – 1:00 pm as described in letter dated March 11, 2023 2023-132 Award Fair and Open, Open-Ended Contract with Rachles/Michele’s Oil Co., Inc., in an Amount Not to Exceed $125,000.00 2023-133 Authorize Borough Auction 2023-134 Approval of Termination and Retirement of Barry Ackerman 2023-135 Approval of Retirement of Building Maintenance Worker Michael Skelley 2023-136 Approval of Appropriation Transfer 2023-137 Payment of Vouchers IX. PUBLIC HEARING & ADOPTION OF ORDINANCE(S) a. Ordinance No. 2023-#04 - AN ORDINANCE AMENDING CHAPTER 97 ZONING, ARTICLE IX SITE PLAN REVIEW, SECTION 70 SITE PLAN APPROVAL REQUIRED, AND SECTION 71 SITE PLAN APPROVAL NOT REQUIRED b. Ordinance No. 2023-#06 - BOROUGH OF WALDWICK BERGEN COUNTY, NEW JERSEY CALENDAR YEAR 2023 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET COST OF LIVING ALLOWANCE AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A:4-45.14) X. INTRODUCTION OF ORDINANCE(S) a. Ordinance No. 2023-#07 - AN ORDINANCE ADDING CHAPTER 68 LEAD BASED PAINT INSPECTIONS, SECTION 68-1 DEFINITIONS, SECTION 68-2 INSPECTIONS, SECTION 68-3 FEES, AND SECTION 68-4 VIOLATIONS AND PENALTIES b. Ordinance No. 2023-#08 - BOND ORDINANCE TO AUTHORIZE THE MAKING OF VARIOUS PUBLIC IMPROVEMENTS AND THE ACQUISITION OF NEW ADDITIONAL OR REPLACEMENT EQUIPMENT AND MACHINERY, NEW COMMUNICATION AND SIGNAL SYSTEMS EQUIPMENT, AND A NEW FIRE TRUCK AND NEW AUTOMOTIVE VEHICLES, INCLUDING ORIGINAL APPARATUS AND EQUIPMENT, IN, BY AND FOR THE BOROUGH OF WALDWICK, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $4,341,500 TO PAY THE COST THEREOF, TO APPROPRIATE BOROUGH OPEN SPACE TRUST FUND MONEYS, A PSE&G GRANT, AND FEDERAL, STATE AND COUNTY GRANTS, TO MAKE A DOWN PAYMENT, TO AUTHORIZE THE ISSUANCE OF BONDS TO FINANCE SUCH APPROPRIATION AND TO PROVIDE FOR THE ISSUANCE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE OF SUCH BONDS c. Ordinance No. 2023-#09 - BOND ORDINANCE TO AUTHORIZE THE MAKING OF VARIOUS PUBLIC IMPROVEMENTS AND THE ACQUISITION OF NEW ADDITIONAL OR REPLACEMENT EQUIPMENT AND MACHINERY AND A NEW AUTOMOTIVE VEHICLE, INCLUDING ORIGINAL APPARATUS AND EQUIPMENT, IN, BY AND FOR THE WATER UTILITY OF THE BOROUGH OF WALDWICK, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $1,306,600 TO PAY THE COST THEREOF, TO AUTHORIZE THE ISSUANCE OF BONDS TO FINANCE SUCH APPROPRIATION AND TO PROVIDE FOR THE ISSUANCE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE OF SUCH BONDS REGULAR MEETING AGENDA 3 d. Ordinance No. 2023-#10 - CAPITAL ORDINANCE OF THE BOROUGH OF WALDWICK, IN THE COUNTY OF BERGEN, NEW JERSEY APPROPRIATING THE SUM OF $44,950 AUTHORIZING PROCUREMENTS OF IT AND TELECOM EQUIPMENT, LUCAS CHEST COMPRESSION MACHINES, AND AED UNITS. APPROPRIATING THEREFORE THE SUM OF $44,950 TO BE FUNDED THROUGH THE CAPITAL IMPROVEMENT FUND e. Ordinance No. 2023-#11 - AN ORDINANCE AMENDING ORDINANCE NO. 2022-#12, FIXING THE COMPENSATION, SALARIES AND WAGES OF OFFICIALS AND EMPLOYEES OF THE BOROUGH OF WALDWICK XI. UNFINISHED BUSINESS XII. NEW BUSINESS XIII. PUBLIC COMMENT XIV. CLOSED SESSION - Any matter permitted to be discussed in Closed Session pursuant N.J.S.A. 10:4-12 XV. ADJOURNMENT KELLEY HALEWICZ, RMC/CMC MUNICIPAL CLERK  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2023-130 Approval of Consent Agenda BE IT RESOLVED that the following resolutions herewith listed by consent having been considered by the Governing Body of the Borough of Waldwick are hereby passed and approved: 2023-130 Approval of Consent Agenda 2023-131 Approval of Minutes - February 28, 2023, Regular Meeting & Closed Session Meeting Policy Votes a. Franklyn Webster requests to use Pavilion A on May 24 from 12:00 pm – 6:00 pm for a Family Reunion with alcoholic beverages being served b. VFW Post 1049 and American Legion Post 57 request to hold a Memorial Day Parade and Ceremony on Monday, May 29 from 9:30 am – 1:00 pm as described in letter dated March 11, 2023 2023-132 Award Fair and Open, Open-Ended Contract with Rachles/Michele’s Oil Co., Inc., in an Amount Not to Exceed $125,000.00 2023-133 Authorize Borough Auction 2023-134 Approval of Termination and Retirement of Barry Ackerman 2023-135 Approval of Retirement of Building Maintenance Worker Michael Skelley 2023-136 Approval of Appropriation Transfer 2023-137 Payment of Vouchers Approved: ________________________________ Thomas A. Giordano, Mayor I hereby certify that the above Resolution was adopted by the Mayor and Council of the Borough of Waldwick at its Regular Meeting of March 28, 2023. Council Member Motion Second Ayes Nays Abstain Absent _________________________________ Cericola Kelley Halewicz, RMC/CMC Ritchie Municipal Clerk Schatz Sciolaro Sherman Weber Mayor Giordano  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2023-131 Approval of Minutes - February 28, 2023, Regular Meeting & Closed Session Meeting BE IT RESOLVED that the Mayor and Council of the Borough of Waldwick hereby approve the following Minutes: Regular Meeting, February 28, 2023 Closed Session Meeting, February 28, 2023 Approved: ________________________________ Thomas A. Giordano, Mayor I hereby certify that the above Resolution was adopted by the Mayor and Council of the Borough of Waldwick at its Regular Meeting of March 28, 2023. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2023-132 (Page 1 of 2) Award Fair and Open, Open-Ended Contract with Rachles/Michele’s Oil Co., Inc., in an Amount Not to Exceed $125,000.00 WHEREAS, the Borough require gasoline, diesel and fuel oil to operate vehicles and equipment throughout the Borough; and, WHEREAS, Rachles/Michele’s Oil Co., Inc., has been determined to be an advantageous provider of gasoline, diesel and fuel oil, cost and other factors considered; and, WHEREAS, the Borough seeks to enter an open-ended contract with Rachles/Michele’s Oil Co., Inc., for an amount not to exceed $125,000.00 and, WHEREAS, Rachles/Michele’s Oil Co., Inc., will provide equipment and service by request only; the Borough is not obligated to order, accept, or pay for services except when it orders them; and, WHEREAS, pursuant to N.J.A.C. 5:30-5.5(b), a certification of funds is not required for this contract; and, WHEREAS, this contract will terminate December 31, 2023; and, WHEREAS, N.J.S.A. 40A:11-10 and N.J.S.A. 40A:11-12 permit municipalities to award public contracts without public bidding when the vendor is an approved state contractor or part of an approved national cooperative; and, WHEREAS, Rachles/Michele’s Oil Co., Inc., proposal is covered under Bergen County COOP Bid# 20-290, and Resolution 52-23, WHEREAS, the contracts were awarded through a fair and open process, pursuant to N.J.S.A. 19:44A-20.4 et seq. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Waldwick authorize Rachels/Michele’s Oil Co., Inc., 116 Kuller, Road, Clifton, NJ 07011 for gasoline, diesel and fuel oil in an open-ended contract not to exceed $125,000.00.  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2023-132 (Page 2 of 2) Approved: ________________________________ Thomas A. Giordano, Mayor I hereby certify that the above Resolution was adopted by the Mayor and Council of the Borough of Waldwick at its Regular Meeting of March 28, 2023. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2023-133 (Page 1 of 2) Authorize Borough Auction WHEREAS, pursuant to the provisions of N.J.S.A. 40A:11-36 the Borough of Waldwick may sell any personal property; and, WHEREAS, the Mayor and Council of the Borough of Waldwick have determined that said property is not needed for public purposes and wishes to divest same; and, WHEREAS, this sale will be in “as is” condition without express or implied warranties. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Waldwick, as follows: 1. The surplus property to be sold, as identified in Schedule A, shall be sold in an “as is” condition without express or implied warranties. 2. The successful bidder will be required to pay in cash or certified check made out to the Borough of Waldwick at the time of pick-up of the item. The Borough will not deliver any items to the successful bidder. 3. The items must be taken off our site within (72) hours after the conclusion of the sale. SCHEDULE A Number Item Description Minimum Bid 1 Mount On and Off Tire machine $800 2 Salt Brine Tank (2X) $1,000 EA 3 2012 Ford Escape Vin# 1FMCU9DG1CKA24048 $4,000 4 2012 Caterpillar 938G Wheel Loader Vin# CAT0938GCCRD00703 $42,000  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2023-133 (Page 2 of 2) BE IT FURTHER RESOLVED that this resolution shall take effect immediately. Approved: ________________________________ Thomas A. Giordano, Mayor I hereby certify that the above Resolution was adopted by the Mayor and Council of the Borough of Waldwick at its Regular Meeting of March 28, 2023. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2023-134 Approval of Termination and Retirement of Barry Ackerman WHEREAS, the Department of Public Works employee Barry Ackerman has provided written notice to the Borough of Waldwick that he intends to terminate his employment effective May 17, 2023; with a retirement date of August 1, 2023; and, WHEREAS, at the time of termination Barry Ackerman had accumulated 26.84 vacation days and 31.25 days sick time; and, WHEREAS, per the Public Works Association’s union agreement, Barry Ackerman will exhaust or run out his accumulated sick days and vacation days; and, WHEREAS, Barry Ackerman will be paid a lump sum of $1,791.01 for his unexhausted vacation time. Should Barry Ackerman take vacation time prior to his last working date of May 17, 2023 the lump sum payment will be reduced accordingly. NOW, THEREFORE, IT BE RESOLVED that the Mayor and Council of the Borough of Waldwick hereby approves Barry Ackerman’s termination date of May 17, 2023; and, BE IT FURTHER RESOLVED the Mayor and Council of the Borough of Waldwick hereby approves the use of Barry Ackerman’s 26.84 vacation days and 31.25 unused sick days as terminal leave resulting in an effective retirement, date of August 1, 2023; and, BE IT FURTHER RESOLVED the Mayor and Council of the Borough of Waldwick hereby approves the lump sum payout of $1,791.01 for Barry Ackerman’s unused 4.09 days of vacation time. Approved: ________________________________ Thomas A. Giordano, Mayor I hereby certify that the above Resolution was adopted by the Mayor and Council Council Member Motion Second Ayes Nays Abstain Absent of the Borough of Waldwick at its Regular Cericola Meeting of March 28, 2023. Ritchie Schatz _________________________________ Sciolaro Kelley Halewicz, RMC/CMC Sherman Municipal Clerk Weber Mayor Giordano  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2023-135 Approval of Retirement of Building Maintenance Worker Michael Skelley WHEREAS, the Borough’s building maintenance worker Michael Skelley has provided written notice to the Borough of Waldwick that he intends to retire effective April 1, 2023; and, WHEREAS, at the time of retirement Michael Skelley has exhausted all eligible vacation time; and, WHEREAS, per Borough personnel policies nonunion employees are not paid out remaining sick time. NOW, THEREFORE, IT BE RESOLVED that the Mayor and Council of the Borough of Waldwick hereby approves Michael Skelley’s retirement date of April 1, 2023. Approved: ________________________________ Thomas A. Giordano, Mayor I hereby certify that the above Resolution was adopted by the Mayor and Council of the Borough of Waldwick at its Regular Meeting of March 28, 2023. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk Council Member Motion Second Ayes Nays Abstain Absent Cericola Ritchie Schatz Sciolaro Sherman Weber Mayor Giordano  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2023-136 Approval of Appropriation Transfer WHEREAS, N.J.S.A. 40A:4-59 allows for transfer of budget appropriations during the first three months of the succeeding budget year under certain circumstances; and, WHEREAS, the Chief Financial Officer has determined that certain accounts need additional funds to pay certain commitments. NOW, THEREFORE, BE IT RESOLVED that transfer of appropriations be made as follows: COMING FROM CFO Approved: ________________________________ Thomas A. Giordano, Mayor I hereby certify that the above Resolution was adopted by the Mayor and Council of the Borough of Waldwick at its Regular Meeting of March 28, 2023. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2023-137 Payment of Vouchers Approved: ________________________________ Thomas A. Giordano, Mayor I hereby certify that the above Resolution was adopted by the Mayor and Council of the Borough of Waldwick at its Regular Meeting of March 28, 2023. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  PUBLIC HEARING OF AN ORDINANCE Date: March 28, 2023 Clerk read the ordinance by title Ordinance No. 2023-#04 - AN ORDINANCE AMENDING CHAPTER 97 ZONING, ARTICLE IX SITE PLAN REVIEW, SECTION 70 SITE PLAN APPROVAL REQUIRED, AND SECTION 71 SITE PLAN APPROVAL NOT REQUIRED Mayor asks if any Council Member wishes to comment on the ordinance. Mayor closes Council comments and opens the public hearing to audience. Mayor closes the public hearing after comments are heard. Mayor asks for motion to pass the ordinance on second reading and that the Clerk be authorized to advertise in the local, legal newspaper as required by law. Motion: __________ Seconded: __________ Roll Call: Council Members: _____ _____ _____ _____ _____ _____ _____ Cericola Ritchie Schatz Sciolaro Sherman Weber Giordano  LEGAL NOTICE BOROUGH OF WALDWICK COUNTY OF BERGEN Please take notice that the foregoing Ordinance was introduced and passed on first reading by the Mayor and Council of the Borough of Waldwick, Bergen County, New Jersey, at the Regular Meeting of said Governing Body held on Tuesday, February 14, 2023 and will be further considered for final passage after a public hearing to be held on Tuesday, March 28, 2023 at 7:30 pm in the Council Chambers, Administration Building, 63 Franklin Turnpike, Waldwick, New Jersey, at which time and place those concerned or affected thereby may be heard. Copies of the foregoing Ordinance are available to interested persons at the office of the Municipal Clerk and may be secured upon application to the Municipal Clerk during regular business hours. By Order of the Mayor and Council. Kelley Halewicz, RMC/CMC Municipal Clerk 1t: Friday, February 17, 2023 The Bergen Record Fee: Ordinance No. 2023-#04 AN ORDINANCE AMENDING CHAPTER 97 ZONING, ARTICLE IX SITE PLAN REVIEW, SECTION 70 SITE PLAN APPROVAL REQUIRED, AND SECTION 71 SITE PLAN APPROVAL NOT REQUIRED BE IT ORDAINED that the Municipal Council of the Borough of Waldwick hereby amends Chapter 97 Zoning, Article IX Site Tenant Review, Section 70 Site plan approval required, and Section 71 Site plan approval not required. The changes to Code of the Borough of Waldwick below shows deletions to the code in strikethrough and additions in underline as follows: Chapter 97 Zoning § 97-70 Site plan approval required. Except as provided in §§ 97-71 and 97-72 below, no person shall construct a new building, add to an existing building or make any alteration to any building or part thereof, or permit or participate in a change in occupancy of an existing building or part thereof, or alter, increase or reduce parking facilities or vehicular or pedestrian ways or areas or landscaping, or make any other change in the layout, design or plan of any premises, nor shall any building permit or certificate of occupancy therefor be issued until a site plan therefore shall first have been approved by the Planning Board, or, where applicable, the Board of Adjustment. § 97-71 Site plan approval not required. A. Site plan approval shall not be required for construction or alteration of a detached lawful single one- family or two-family dwelling unit or any lawful accessory use thereto, provided that the same are not part of an attached housing, multiple-dwelling, planned unit development or development involving the construction of more than one single family or more than one two-family dwelling unit. B. Site plan approval shall not be required for any interior construction or interior alteration of any building provided that it: 1. Does not involve the construction of a new building or the extension of an existing building, or an increase in the total square footage of the building. 2. Does not require additional parking. 3. Does not affect existing parking facilities, vehicular or pedestrian circulation, drainage, relationship of buildings to each other, buffering, landscaping, or lighting. C. Site plan approval shall not be required for changes in occupancy of an existing building or part thereof. All businesses must obtain an approved Business Zoning Permit from the Zoning Officer before occupying a business location. At the discretion of the Zoning Officer, additional review may be required from the Planning or Zoning Board. BE IT FURTHER RESOLVED that the ordinance shall take effect upon publication and adoption as required by law.  PUBLIC HEARING OF AN ORDINANCE Date: March 28, 2023 Clerk read the ordinance by title Ordinance No. 2023-#06 - BOROUGH OF WALDWICK BERGEN COUNTY, NEW JERSEY CALENDAR YEAR 2023 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET COST OF LIVING ALLOWANCE AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A:4-45.14) Mayor asks if any Council Member wishes to comment on the ordinance. Mayor closes Council comments and opens the public hearing to audience. Mayor closes the public hearing after comments are heard. Mayor asks for motion to pass the ordinance on second reading and that the Clerk be authorized to advertise in the local, legal newspaper as required by law. Motion: __________ Seconded: __________ Roll Call: Council Members: _____ _____ _____ _____ _____ _____ _____ Cericola Ritchie Schatz Sciolaro Sherman Weber Giordano  LEGAL NOTICE BOROUGH OF WALDWICK COUNTY OF BERGEN Please take notice that the foregoing Ordinance was introduced and passed on first reading by the Mayor and Council of the Borough of Waldwick, Bergen County, New Jersey, at the Regular Meeting of said Governing Body held on Tuesday, March 14, 2023 and will be further considered for final passage after a public hearing to be held on Tuesday, March 28, 2023 at 7:30 pm in the Council Chambers, Administration Building, 63 Franklin Turnpike, Waldwick, New Jersey, at which time and place those concerned or affected thereby may be heard. Copies of the foregoing Ordinance are available to interested persons at the office of the Municipal Clerk and may be secured upon application to the Municipal Clerk during regular business hours. Kelley Halewicz, RMC/CMC Municipal Clerk Ordinance No. 2023-#06 BOROUGH OF WALDWICK BERGEN COUNTY, NEW JERSEY CALENDAR YEAR 2023 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET COST OF LIVING ALLOWANCE AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A:4-45.14) WHEREAS, the Local Government Cap Law, N.J.S.A. 40A:4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 2.5% or the cost-of-living adjustment, whichever is less, unless authorized by ordinance to increase it to 3.5% over the previous year’s final appropriations, subject to certain exceptions; and, WHEREAS, the cost-of-living adjustment for calendar year 2023 budgets is calculated at 2.5% pursuant to N.J.S.A. 40A:4- 45.2; and WHEREAS, N.J.S.A. 40A:4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and, WHEREAS, the Borough Council of the Borough of Waldwick in the County of Bergen finds it advisable and necessary to increase its CY 2023 budget by up to 3.5% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and, WHEREAS, the Borough Council hereby determines that a 1.0% increase in the budget of said year, amounting to $100,016 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and, WHEREAS, the Borough Council hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years. NOW, THEREFORE, BE IT ORDAINED, by the Borough Council of the Borough of Waldwick, in the County of Bergen, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2023 budget year, the final appropriations of the Borough of Waldwick shall, in accordance with this ordinance and N.J.S.A. 40A:4- 45.14, be increased by 3.5%, amounting to $350,055 and that the CY 2023 municipal budget for the Borough of Waldwick be approved and adopted in accordance with this ordinance; and, BE IT FURTHER ORDAINED, that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and, BE IT FURTHER ORDAINED, that a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within 5 days of introduction; and, BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within 5 days after such adoption. 1t: Monday, March 20, 2023 The Bergen Record Fee:  INTRODUCTION OF ORDINANCE Date: March 28, 2023 Mayor Giordano asked the Clerk to read the Ordinance No. 2023-#07 by title: Ordinance No. 2023-#07 - AN ORDINANCE ADDING CHAPTER 68 LEAD BASED PAINT INSPECTIONS, SECTION 68-1 DEFINITIONS, SECTION 68-2 INSPECTIONS, SECTION 68-3 FEES, AND SECTION 68-4 VIOLATIONS AND PENALTIES Mayor: A motion is in order to move and pass the ordinance on first reading, and that the Municipal Clerk be authorized to publish said Ordinance and Notice of Hearing in accordance with law, with the Public Hearing on said Ordinance to be held at 7:30 pm or as soon thereafter as the matter may be heard on Tuesday, April 11, 2023. Motion: ______ Seconded: ______ Roll Call: _____ _____ _____ _____ _____ _____ _____ Cericola Ritchie Schatz Sciolaro Sherman Weber Giordano Ordinance No. 2023-#07 - AN ORDINANCE ADDING CHAPTER 68 LEAD BASED PAINT INSPECTIONS, SECTION 68-1 DEFINITIONS, SECTION 68-2 INSPECTIONS, SECTION 68-3 FEES, AND SECTION 68-4 VIOLATIONS AND PENALTIES BE IT ORDAINED that the Municipal Council of the Borough of Waldwick hereby adds Chapter 68 Lead Based Paint Inspections, Section 68-1 Definitions, Section 68-2 Inspections, Section 68-3 Fees, and Section 68-4 Violations and Penalties. The changes to Code of the Borough of Waldwick below shows deletions to the code in strikethrough and additions in underline as follows: Chapter 68 Lead Based Paint Inspections § 68-1 Definitions. For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the following meaning: Lead Abatement – Measures designed to permanently eliminate lead-based paint hazards in accordance with standards established by the Commissioner of Community Affairs in compliance with standards promulgated by the appropriate federal agencies. Dust Wipe Sampling – A sample collected by wiping a representative surface and tested in accordance with a method approved by the United States Department of Housing and Urban Development. Lead Evaluation Contractor – A person certified by the New Jersey Department of Community Affairs to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:171.1 et seq. Lead-based Paint Hazard – Any condition that causes exposure to lead from lead-contaminated dust or soil or lead-contaminated paint that is deteriorated or present in surfaces that would result in adverse human health effects. Visual Assessment – A visual examination for deteriorated paint or visible surface dust, debris, or residue. Tenant turnover – The time at which all existing occupants vacate a dwelling unit and all new tenants move into the dwelling unit. § 68-2 Inspections A. A lead evaluation contractor retained by the Borough shall inspect every single-family, two-family, or multiple rental dwelling located in the Borough of Waldwick for lead-based paint hazards through visual assessment and dust wipe sampling in accordance with N.J.S.A. 52:27D-437.1 et seq. every three years or at tenant turnover. B. In lieu of having the dwelling inspected by the Borough’s lead evaluator, a dwelling owner or landlord may directly hire a private lead evaluation contractor who is certified to provide lead paint inspection services by the Department of Community Affairs to perform the lead-based paint inspection in accordance with N.J.S.A. 52:27D-437.1 et seq. C. In accordance with N.J.S.A. 52:27D-437.16(c), a dwelling unit in a single-family, two-family, or multiple rental dwelling shall not be subject to inspection and evaluation for the presence of lead-based paint hazards if the unit: 1. Has been certified to be free of lead-based paint; 2. Was constructed during or after 1978; 3. Is in a multiple dwelling that has been registered with the Department of Community Affairs as a multiple dwelling for at least ten (10) years, either under the current or a previous owner, and has no outstanding lead violations from the most recent cyclical inspection performed on the multiple dwelling under the “Hotel and Multiple Dwelling Law,” P.L.1967, c.76 (C.55:13A-1 et seq.); 4. Is a single-family or two-family seasonal rental dwelling which is rented for less than six months duration each year by tenants that do not have consecutive lease renewals; or 5. Has a valid lead-safe certification. D. The owner, landlord, and/or agent of every single-family, two-family, or multiple rental dwelling unit offered for rental shall be required to obtain an inspection of the unit for lead-based paint hazards every three years, or at tenant turnover, whichever is earlier. E. If lead-based paint hazards are identified, then the owner, landlord, and/or agent of the dwelling shall remediate the lead-based paint hazard using lead abatement or lead-based control methods in accordance with N.J.S.A. 52:27D-437.16(d). Upon the remediation of the lead-based paint hazard, the Borough's lead evaluation contractor shall conduct an additional inspection of the unit to certify that the hazard no longer exists. F. If no lead-based paint hazards are identified, then the Borough's lead evaluator shall certify the dwelling as lead-safe on a form prescribed by the Department of Community Affairs, which shall be valid for two years. G. Pursuant to N.J.S.A. 52:27D-437.16(e), unless not required to have had an inspection by a lead evaluation contractor or permanent local agency pursuant to §68-2C of this Chapter, property owners shall: 1. Provide evidence of valid lead-safe certification and the most recent tenant turnover at the time of the cyclical inspection carried out under the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq.; 2. Provide evidence of a valid lead-safe certification obtained pursuant to this Section to new tenants of the property at the time of tenant turnover unless not required to have had an  inspection by a lead evaluation contractor or permanent local agency pursuant to §64-2C of this chapter. 3. Maintain records of lead-safe certification, which shall include name(s) of the unit tenant(s), if inspection was conducted during a period of tenancy. § 68-3 Fees A. A fee of $300 shall be charged to have the Borough’s lead-based contractor perform an inspection. Said fee shall be dedicated to meeting the costs of implementing and enforcing this subsection and shall not be used for any other purpose. Should a follow up inspection be needed there will be an additional cost of $140. Alternatively, a dwelling owner or landlord may directly hire a private lead evaluation contractor who is certified to provide lead paint inspection services by the Department of Community Affairs to satisfy the requirements of Chapter 68 Section 2 in which case no additional Lead-Based Paint inspection fee shall be paid except the fee in chapter 68-3-B. B. In accordance with N.J.S.A. 52:27D-437.16(h), a fee of $20.00 per dwelling unit inspected by the Borough’s lead evaluation contractor or the owner’s private lead evaluation contractor shall be addressed for the purpose of the Lead Hazard Control Assistance Act, unless the owner demonstrates that the Department of Community Affairs has already assessed an additional inspection fee of $20.00. The fees collected pursuant to this subsection shall be deposited into the Lead Hazard Control Assistance Fund. C. The fee for the filing of a lead-safe certification or lead-free certification shall be $50. D. In a common interest community, any inspection fee charged pursuant to this subsection shall be the responsibility of the unit owner and not the homeowners' association, unless the association is the owner of the unit. BE IT FURTHER RESOLVED that the ordinance shall take effect upon publication and adoption as required by law. § 68-4 Violations and Penalties. Penalties for violation of this chapter shall be as follows: A. If a property owner has failed to conduct the required inspection or initiate any remediation as required by N.J.S.A. 52:27D-437.1 et seq. the owner shall have 30 days to cure the violation. B. If a property owner fails to cure the violation after 30 days, the property owner shall be subject to a penalty not to exceed $1,000 per week until the required inspection has been conducted or remediation efforts have been initiated. BE IT FURTHER RESOLVED that the ordinance shall take effect upon publication and adoption as required by law.  INTRODUCTION OF ORDINANCE Date: March 28, 2023 Mayor Giordano asked the Clerk to read the Ordinance No. 2023-#08 by title: Ordinance No. 2023-#08 - BOND ORDINANCE TO AUTHORIZE THE MAKING OF VARIOUS PUBLIC IMPROVEMENTS AND THE ACQUISITION OF NEW ADDITIONAL OR REPLACEMENT EQUIPMENT AND MACHINERY, NEW COMMUNICATION AND SIGNAL SYSTEMS EQUIPMENT, AND A NEW FIRE TRUCK AND NEW AUTOMOTIVE VEHICLES, INCLUDING ORIGINAL APPARATUS AND EQUIPMENT, IN, BY AND FOR THE BOROUGH OF WALDWICK, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $4,341,500 TO PAY THE COST THEREOF, TO APPROPRIATE BOROUGH OPEN SPACE TRUST FUND MONEYS, A PSE&G GRANT, AND FEDERAL, STATE AND COUNTY GRANTS, TO MAKE A DOWN PAYMENT, TO AUTHORIZE THE ISSUANCE OF BONDS TO FINANCE SUCH APPROPRIATION AND TO PROVIDE FOR THE ISSUANCE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE OF SUCH BONDS Mayor: A motion is in order to move and pass the ordinance on first reading, and that the Municipal Clerk be authorized to publish said Ordinance and Notice of Hearing in accordance with law, with the Public Hearing on said Ordinance to be held at 7:30 pm or as soon thereafter as the matter may be heard on Tuesday, April 11, 2023. Motion: ______ Seconded: ______ Roll Call: _____ _____ _____ _____ _____ _____ _____ Cericola Ritchie Schatz Sciolaro Sherman Weber Giordano  ORDINANCE NO. 2023-#08 BOND ORDINANCE TO AUTHORIZE THE MAKING OF VARIOUS PUBLIC IMPROVEMENTS AND THE ACQUISITION OF NEW ADDITIONAL OR REPLACEMENT EQUIPMENT AND MACHINERY, NEW COMMUNICATION AND SIGNAL SYSTEMS EQUIPMENT, AND A NEW FIRE TRUCK AND NEW AUTOMOTIVE VEHICLES, INCLUDING ORIGINAL APPARATUS AND EQUIPMENT, IN, BY AND FOR THE BOROUGH OF WALDWICK, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $4,341,500 TO PAY THE COST THEREOF, TO APPROPRIATE BOROUGH OPEN SPACE TRUST FUND MONEYS, A PSE&G GRANT, AND FEDERAL, STATE AND COUNTY GRANTS, TO MAKE A DOWN PAYMENT, TO AUTHORIZE THE ISSUANCE OF BONDS TO FINANCE SUCH APPROPRIATION AND TO PROVIDE FOR THE ISSUANCE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE OF SUCH BONDS. ------------------------------------------------- BE IT ORDAINED by the Borough Council of the Borough of Waldwick, in the County of Bergen, State of New Jersey, as follows: Section 1. The Borough of Waldwick, in the County of Bergen, State of New Jersey (the "Borough") is hereby authorized to make various public improvements and to acquire new additional or replacement equipment and machinery, new communication and signal systems equipment, and a new fire truck and new automotive vehicles, including original apparatus and equipment, in, by and for said Borough, as more particularly described in Section 4 hereof. The cost of the improvements includes all work, materials and appurtenances necessary and suitable therefor. Section 2. There is hereby appropriated to the payment of the cost of making the improvements described in Sections 1 and 4 hereof (hereinafter referred to as "purposes"), -2- the respective amounts of money hereinafter stated as the appropriation for said respective purposes. Said appropriation shall be met from the proceeds of the sale of the bonds authorized, and the Borough Open Space Trust Fund moneys, PSE&G grant, Federal, State and County grants and the down payment appropriated, by this ordinance. Said improvements shall be made as general improvements and no part of the cost thereof shall be assessed against property specially benefited. Section 3. It is hereby determined and stated that the making of such improvements is not a current expense of said Borough. Section 4. The several purposes hereby authorized for the financing of which said obligations are to be issued are set forth in the following "Schedule of Improvements, Purposes and Amounts" which schedule also shows (1) the amount of the appropriation and the estimated cost of each such purpose, and (2) the amount of each sum which is to be provided by the appropriations hereinafter made from the Borough Open Space Trust Fund, and (3) the amount of each sum which is to be provided by the PSE&G grant hereinafter appropriated, and (4) the amount of each sum which is to be provided by the Federal, State and County grants hereinafter appropriated, and (5) the amount of each sum which is to be provided by the down payment hereinafter appropriated to finance such purposes, and (6) the -3- estimated maximum amount of bonds and notes to be issued for each such purpose, and (7) the period of usefulness of each such purpose, according to its reasonable life, computed from the date of said bonds: SCHEDULE OF IMPROVEMENTS, PURPOSES AND AMOUNTS A. Rehabilitation of Hudson Avenue (west of Route 17), including roadway resurfacing, installation of sidewalks and curb and drainage improvements, where necessary. It is hereby determined and stated that said road being improved is of "Class B" or equivalent construction as defined in Section 22 of the Local Bond Law (Chapter 2 of Title 40A of the New Jersey Statutes Annotated, as amended; the "Local Bond Law"). Appropriation and Estimated Cost $ 276,000 State Grant Appropriated $ 112,840 Down Payment Appropriated $ 7,770 Bonds and Notes Authorized $ 155,390 Period of Usefulness 10 years B. Rehabilitation of Bohnert Place, including roadway resurfacing, installation of sidewalks and curb and drainage improvements, where necessary. It is hereby determined and stated that said road being improved is of "Class B" or equivalent construction as defined in Section 22 of the Local Bond Law. Appropriation and Estimated Cost $ 200,000 Federal Grant Appropriated $ 101,332 Down Payment Appropriated $ 4,708 Bonds and Notes Authorized $ 93,960 Period of Usefulness 10 years C. Construction of a bridge and the making of related improvements at Brookview Park. Appropriation and Estimated Cost $ 150,000 County Grant Appropriated $ 75,000 Borough Open Space Trust Funds Appropriated $ 75,000 Period of Usefulness 30 years -4-  D. Construction of an EV charging station at the parking lot for the Administration Building and the Public Safety Building. Appropriation and Estimated Cost $ 255,000 State Grant Appropriated $ 75,000 PSE&G Grant Appropriated $ 50,000 Down Payment Appropriated $ 6,200 Bonds and Notes Authorized $ 123,800 Period of Usefulness 15 years E. Renovation of the restrooms and kitchen at the Volunteer Ambulance Corps Building. Appropriation and Estimated Cost $ 60,000 Down Payment Appropriated $ 2,860 Bonds and Notes Authorized $ 57,140 Period of Usefulness 10 years F. Resurfacing or reconstruction of various Borough roads as set forth on a list on file or to be placed on file with the Borough Clerk, and hereby approved as if set forth herein in full. Depending upon the contract price and other exigent circumstances, and upon approval by the Borough Council, there may be additions to or deletions from the aforesaid list. It is hereby determined and stated that said roads being improved are of "Class B" or equivalent construction as defined in Section 22 of the Local Bond Law. Appropriation and Estimated Cost $ 405,000 Down Payment Appropriated $ 19,290 Bonds and Notes Authorized $ 385,710 Period of Usefulness 10 years G. Undertaking of ADA ramp upgrades at various locations. Appropriation and Estimated Cost $ 70,000 Down Payment Appropriated $ 3,340 Bonds and Notes Authorized $ 66,660 Period of Usefulness 10 years -5-  H. Replacement of thermoplastic striping at various locations. Appropriation and Estimated Cost $ 15,000 Down Payment Appropriated $ 715 Bonds and Notes Authorized $ 14,285 Period of Usefulness 5 years I. (i) Undertaking of the following public improvements: (a) replacement of pumps and related improvements at the Malcolm Street Sanitary Sewer Pump Station; and (b) lighting and other improvements at Borough Park; and (ii) acquisition of new additional or replacement equipment and machinery for the use of the Department of Public Works consisting of (a) a sewer jet vacuum machine and (b) a platform for a roll-off truck. Appropriation and Estimated Cost $ 753,500 Down Payment Appropriated $ 35,885 Bonds and Notes Authorized $ 717,615 Period of Usefulness 15 years J. Acquisition of a new ladder fire truck, including original apparatus and equipment. Appropriation and Estimated Cost $1,900,000 Down Payment Appropriated $ 90,480 Bonds and Notes Authorized $1,809,520 Period of Usefulness 10 years K. Acquisition of new additional or replacement equipment and machinery consisting of turnout gear and personal protective equipment for the use of the Fire Department. Appropriation and Estimated Cost $ 28,000 Federal Grant Appropriated $ 28,000 Period of Usefulness 5 years L. Acquisition of new additional or replacement equipment and machinery and new communication and signal systems equipment for the use of the Fire Department consisting of (i) air packs and cylinders, (ii) fire truck knox boxes and (iii) pagers. -6-  Appropriation and Estimated Cost $ 107,000 Down Payment Appropriated $ 5,100 Bonds and Notes Authorized $ 101,900 Period of Usefulness 5 years M. Acquisition of new automotive vehicles, including original apparatus and equipment, consisting of SUVs for the use of the Police Department. Appropriation and Estimated Cost $ 122,000 Down Payment Appropriated $ 5,980 Bonds and Notes Authorized $ 116,020 Period of Usefulness 5 years ------------------------------------------------------- Aggregate Appropriation and Estimated Cost $4,341,500 Borough Open Space Trust Funds Appropriated $ 75,000 PSE&G Grant Appropriated $ 50,000 Aggregate Federal, State and County Grants Appropriated $ 392,172 Aggregate Down Payment Appropriated $ 182,328 Aggregate Amount of Bonds and Notes Authorized $3,642,000 Section 5. The cost of such purposes, as hereinbefore stated, includes the aggregate amount of $200,000 which is estimated to be necessary to finance the cost of such purposes, including architect's fees, accounting, engineering and inspection costs, legal expenses and other expenses, including interest on such obligations to the extent permitted by Section 20 of the Local Bond Law. Section 6. The sum of $112,840 received or to be received as a grant from the State of New Jersey Department of Transportation is hereby appropriated to the payment of the cost -7- of the improvement of Hudson Avenue authorized in Section 4.A hereof. Section 7. The sum of $101,332 received or to be received as a grant from the Bergen County Community Development Program, pursuant to the Federal Housing and Community Development Act, is hereby appropriated to the payment of the cost of the improvement of Bohnert Place authorized in Section 4.B hereof. Section 8. The sum of $75,000 received or to be received as a grant from the County of Bergen Open Space, Recreation, Floodplain Protection, Farmland and Historic Preservation Trust Fund is hereby appropriated to the payment of the cost of the improvement of Brookview Park authorized in Section 4.C hereof. Section 9. The sum of $75,000 available in the Borough of Waldwick Open Space Trust Fund is hereby appropriated to the payment of the cost of the improvement of Brookview Park authorized in Section 4.C hereof. Section 10. The sum of $75,000 received or to be received as a grant from the State of New Jersey Department of Environmental Protection is hereby appropriated to the payment of the cost of the construction of the EV charging station authorized in Section 4.D hereof. -8-  Section 11. The sum of $50,000 received or to be received as a grant from PSE&G is hereby appropriated to the payment of the cost of the construction of the EV charging station authorized in Section 4.D hereof. Section 12. The sum of $28,000 received or to be received as a Federal American Rescue Plan Firefighter Grant is hereby appropriated to the payment of the cost of the equipment acquisition authorized in Section 4.K hereof. Section 13. It is hereby determined and stated that moneys exceeding $182,328, appropriated for down payments on capital improvements or for the capital improvement fund in budgets heretofore adopted for said Borough, are now available to finance said purposes. The sum of $182,328 is hereby appropriated from such moneys to the payment of the cost of said purposes. Section 14. To finance said purposes, bonds of said Borough of an aggregate principal amount not exceeding $3,642,000 are hereby authorized to be issued pursuant to the Local Bond Law. Said bonds shall bear interest at a rate per annum as may be hereafter determined within the limitations prescribed by law. All matters with respect to said bonds not determined by this ordinance shall be determined by resolutions to be hereafter adopted. -9-  Section 15. To finance said purposes, bond anticipation notes of said Borough of an aggregate principal amount not exceeding $3,642,000 are hereby authorized to be issued pursuant to the Local Bond Law in anticipation of the issuance of said bonds. In the event that bonds are issued pursuant to this ordinance, the aggregate amount of notes hereby authorized to be issued shall be reduced by an amount equal to the principal amount of the bonds so issued. If the aggregate amount of outstanding bonds and notes issued pursuant to this ordinance shall at any time exceed the sum first mentioned in this section, the moneys raised by the issuance of said bonds shall, to not less than the amount of such excess, be applied to the payment of such notes then outstanding. Section 16. Each bond anticipation note issued pursuant to this ordinance shall be dated on or about the date of its issuance and shall be payable not more than one year from its date, shall bear interest at a rate per annum as may be hereafter determined within the limitations prescribed by law and may be renewed from time to time pursuant to and within limitations prescribed by the Local Bond Law. Each of said bond anticipation notes shall be signed by the Mayor and by a financial officer and shall be under the seal of said Borough and attested by the Borough Clerk or Deputy Borough Clerk. Said officers are hereby authorized to execute said notes in such -10- form as they may adopt in conformity with law. The power to determine any matters with respect to said notes not determined by this ordinance and also the power to sell said notes, is hereby delegated to the Chief Financial Officer who is hereby authorized to sell said notes either at one time or from time to time in the manner provided by law. Section 17. It is hereby determined and declared that the average period of usefulness of the purposes to be financed with bonds or notes, according to their reasonable lives, taking into consideration the respective amounts of bonds or notes authorized for said purposes, is a period of 10.83 years computed from the date of said bonds. Section 18. It is hereby determined and stated that the Supplemental Debt Statement required by the Local Bond Law has been duly made and filed in the office of the Borough Clerk of said Borough, and that such statement so filed shows that the gross debt of said Borough, as defined in Section 43 of the Local Bond Law, is increased by this ordinance by $3,642,000 and that the issuance of the bonds and notes authorized by this ordinance will be within all debt limitations prescribed by said Local Bond Law. Section 19. Any funds received from private parties, the County of Bergen, the State of New Jersey or any of their agencies or any funds received from the United States of -11- America or any of its agencies in aid of such purposes (other than the PSE&G, Federal, State and County grants hereinbefore appropriated which shall be applied to the cost of such purposes, but shall not be applied to the payment of outstanding bond anticipation notes and the reduction of the amount of bonds authorized), shall be applied to the payment of the cost of such purposes, or, if bond anticipation notes have been issued, to the payment of the bond anticipation notes, and the amount of bonds authorized for such purposes shall be reduced accordingly. Section 20. The Borough intends to issue the bonds or notes to finance the cost of the improvements described in Section 4 of this bond ordinance (except for Sections 4.C and 4.K). If the Borough incurs such costs prior to the issuance of the bonds or notes, the Borough hereby states its reasonable expectation to reimburse itself for such expenditures with the proceeds of such bonds or notes in the maximum principal amount of bonds or notes authorized by this bond ordinance. Section 21. The full faith and credit of the Borough are hereby pledged to the punctual payment of the principal of and the interest on the obligations authorized by this ordinance. Said obligations shall be direct, unlimited and general obligations of the Borough, and the Borough shall levy ad valorem taxes upon all the taxable real property within the -12- Borough for the payment of the principal of and interest on such bonds and notes, without limitation as to rate or amount. Section 22. The capital budget is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency therewith and the resolutions promulgated by the Local Finance Board showing full detail of the amended capital budget and capital program as approved by the Director, Division of Local Government Services, is on file with the Borough Clerk and is available for public inspection. Section 23. This ordinance shall take effect twenty days after the first publication thereof after final passage. -13-  INTRODUCTION OF ORDINANCE Date: March 28, 2023 Mayor Giordano asked the Clerk to read the Ordinance No. 2023-#09 by title: Ordinance No. 2023-#09 - BOND ORDINANCE TO AUTHORIZE THE MAKING OF VARIOUS PUBLIC IMPROVEMENTS AND THE ACQUISITION OF NEW ADDITIONAL OR REPLACEMENT EQUIPMENT AND MACHINERY AND A NEW AUTOMOTIVE VEHICLE, INCLUDING ORIGINAL APPARATUS AND EQUIPMENT, IN, BY AND FOR THE WATER UTILITY OF THE BOROUGH OF WALDWICK, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $1,306,600 TO PAY THE COST THEREOF, TO AUTHORIZE THE ISSUANCE OF BONDS TO FINANCE SUCH APPROPRIATION AND TO PROVIDE FOR THE ISSUANCE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE OF SUCH BONDS Mayor: A motion is in order to move and pass the ordinance on first reading, and that the Municipal Clerk be authorized to publish said Ordinance and Notice of Hearing in accordance with law, with the Public Hearing on said Ordinance to be held at 7:30 pm or as soon thereafter as the matter may be heard on Tuesday, April 11, 2023. Motion: ______ Seconded: ______ Roll Call: _____ _____ _____ _____ _____ _____ _____ Cericola Ritchie Schatz Sciolaro Sherman Weber Giordano  ORDINANCE NO. 2023-09 BOND ORDINANCE TO AUTHORIZE THE MAKING OF VARIOUS PUBLIC IMPROVEMENTS AND THE ACQUISITION OF NEW ADDITIONAL OR REPLACEMENT EQUIPMENT AND MACHINERY AND A NEW AUTOMOTIVE VEHICLE, INCLUDING ORIGINAL APPARATUS AND EQUIPMENT, IN, BY AND FOR THE WATER UTILITY OF THE BOROUGH OF WALDWICK, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $1,306,600 TO PAY THE COST THEREOF, TO AUTHORIZE THE ISSUANCE OF BONDS TO FINANCE SUCH APPROPRIATION AND TO PROVIDE FOR THE ISSUANCE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE OF SUCH BONDS. ------------------------------------------------- BE IT ORDAINED by the Borough Council of the Borough of Waldwick, in the County of Bergen, State of New Jersey, as follows: Section 1. The Borough of Waldwick, in the County of Bergen, State of New Jersey (the "Borough") is hereby authorized to make various public improvements and to acquire new additional or replacement equipment and machinery and a new automotive vehicle, including original apparatus and equipment, in, by and for the Water Utility of said Borough, as more particularly described in Section 4 hereof. Said improvements shall include all work, materials and appurtenances necessary and suitable therefor. Section 2. There is hereby appropriated to the payment of the cost of making the improvements described in Sections 1 and 4 hereof (hereinafter referred to as "purposes"), the respective amounts of money hereinafter stated as the appropriation for said respective purposes. Said appropriation -2- shall be met from the proceeds of the sale of the bonds authorized by this ordinance. No down payment is required for this bond ordinance pursuant to the provisions of N.J.S.A. 40A:2-11(c) and 40A:2-7(h). Said improvements shall be made as general improvements and no part of the cost thereof shall be assessed against property specially benefitted. Section 3. It is hereby determined and stated that the making of such improvements is not a current expense of said Borough. Section 4. The several purposes hereby authorized for the financing of which said obligations are to be issued are set forth in the following "Schedule of Improvements, Purposes and Amounts" which schedule also shows (1) the amount of the appropriation and the estimated cost of each such purpose, and (2) the estimated maximum amount of bonds and notes to be issued for each such purpose, and (3) the period of usefulness of each such purpose, according to its reasonable life, computed from the date of said bonds: -3-  SCHEDULE OF IMPROVEMENTS, PURPOSES AND AMOUNTS A. Undertaking of the following water system improvements: (i) replacement of water mains, fire hydrants and valves, and leak detection and repair, at various locations; and (ii) construction of the Hemlock/Evergreen and Sheridan/Bergen water main loops. Appropriation and Estimated Cost $425,000 Bonds and Notes Authorized $425,000 Period of Usefulness 40 years B. (i) Replacement of roofs at well houses, (ii) undertaking of electrical improvements at the Booster Station to connect a generator, (iii) installation of water sampling stations and (iv) acquisition of new additional or replacement equipment and machinery for the use of the Water Department consisting of (a) a tow behind generator and (b) a valve repair tool. Appropriation and Estimated Cost $111,600 Bonds and Notes Authorized $111,600 Period of Usefulness 15 years C. Rehabilitation of water tanks. Appropriation and Estimated Cost $ 590,000 Bonds and Notes Authorized $ 590,000 Period of Usefulness 10 years D. Acquisition of a new automotive vehicle, including original apparatus and equipment, consisting of a utility truck for the use of the Water Department. Appropriation and Estimated Cost $180,000 Bonds and Notes Authorized $180,000 Period of Usefulness 5 years ------------------------------------------------------- Aggregate Appropriation and Estimated Cost $1,306,600 Aggregate Amount of Bonds and Notes Authorized $1,306,600 -4-  Section 5. The cost of such purposes, as hereinbefore stated, includes the aggregate amount of $200,000 which is estimated to be necessary to finance the cost of such purposes, including architect's fees, accounting, engineering and inspection costs, legal expenses and other expenses, including interest on such obligations to the extent permitted by Section 20 of the Local Bond Law (Chapter 2 of Title 40A of the New Jersey Statutes Annotated, as amended; the "Local Bond Law"). Section 6. It is hereby determined and stated that the Water Utility would have been self-liquidating, as defined in Section 47(a) of the Local Bond Law, during the fiscal year beginning January 1, 2022, had there been included in the interest and debt redemption charges for such year an amount equal to interest for one year at the rate of four and one half percentum (4 1/2%) per annum on said bonds or notes, and the amount of the first installment of serial bonds legally issuable to finance such purpose plus an amount for charges as aforesaid with respect to all bonds and notes authorized but not issued for such Water Utility. Section 7. To finance said purposes, bonds of said Borough of an aggregate principal amount not exceeding $1,306,600 are hereby authorized to be issued pursuant to the Local Bond Law. Said bonds shall bear interest at a rate per -5- annum as may be hereafter determined within the limitations prescribed by law. All matters with respect to said bonds not determined by this ordinance shall be determined by resolutions to be hereafter adopted. Section 8. To finance said purposes, bond anticipation notes of said Borough of an aggregate principal amount not exceeding $1,306,600 are hereby authorized to be issued pursuant to the Local Bond Law in anticipation of the issuance of said bonds. In the event that bonds are issued pursuant to this ordinance, the aggregate amount of notes hereby authorized to be issued shall be reduced by an amount equal to the principal amount of the bonds so issued. If the aggregate amount of outstanding bonds and notes issued pursuant to this ordinance shall at any time exceed the sum first mentioned in this section, the moneys raised by the issuance of said bonds shall, to not less than the amount of such excess, be applied to the payment of such notes then outstanding. Section 9. Each bond anticipation note issued pursuant to this ordinance shall be dated on or about the date of its issuance and shall be payable not more than one year from its date, shall bear interest at a rate per annum as may be hereafter determined within the limitations prescribed by law and may be renewed from time to time pursuant to and within limitations prescribed by the Local Bond Law. Each of said bond -6- anticipation notes shall be signed by the Mayor and by a financial officer and shall be under the seal of said Borough and attested by the Borough Clerk or Deputy Borough Clerk. Said officers are hereby authorized to execute said notes in such form as they may adopt in conformity with law. The power to determine any matters with respect to said notes not determined by this ordinance and also the power to sell said notes, is hereby delegated to the Chief Financial Officer who is hereby authorized to sell said notes either at one time or from time to time in the manner provided by law. Section 10. It is hereby determined and declared that the average period of usefulness of said purposes, according to their reasonable lives, taking into consideration the respective amounts of bonds or notes authorized for said purposes, is a period of 19.49 years computed from the date of said bonds. Section 11. It is hereby determined and stated that the Supplemental Debt Statement required by the Local Bond Law has been duly made and filed in the office of the Borough Clerk of said Borough, and that such statement so filed shows that the gross debt of said Borough, as defined in Section 43 of the Local Bond Law, is increased by this ordinance by $1,306,600, but said $1,306,600 shall be deducted from gross debt pursuant to Section 44(c) of the Local Bond Law and that the issuance of -7- the bonds and notes authorized by this ordinance is permitted by an exception to the debt limitations prescribed by the Local Bond Law as provided in Sections 47(a) and 7(h) of the Local Bond Law. Section 12. Any funds received from private parties, the County of Bergen, the State of New Jersey or any of their agencies or any funds received from the United States of America or any of its agencies in aid of such purposes, shall be applied to the payment of the cost of such purposes, or, if bond anticipation notes have been issued, to the payment of the bond anticipation notes, and the amount of bonds authorized for such purposes shall be reduced accordingly. Section 13. The Borough intends to issue the bonds or notes to finance the cost of the improvements described in Sections 1 and 4 of this bond ordinance. If the Borough incurs such costs prior to the issuance of the bonds or notes, the Borough hereby states its reasonable expectation to reimburse itself for such expenditures with the proceeds of such bonds or notes in the maximum principal amount of bonds or notes authorized by this bond ordinance. Section 14. The full faith and credit of the Borough are hereby pledged to the punctual payment of the principal of and the interest on the obligations authorized by this ordinance. Said obligations shall be direct, unlimited and -8- general obligations of the Borough, and the Borough shall levy ad valorem taxes upon all the taxable real property within the Borough for the payment of the principal of and interest on such bonds and notes, without limitation as to rate or amount. Section 15. The capital budget is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency therewith and the resolutions promulgated by the Local Finance Board showing full detail of the amended capital budget and capital program as approved by the Director, Division of Local Government Services, is on file with the Borough Clerk and is available for public inspection. Section 16. This ordinance shall take effect twenty days after the first publication thereof after final passage. -9-  INTRODUCTION OF ORDINANCE Date: March 28, 2023 Mayor Giordano asked the Clerk to read the Ordinance No. 2023-#10 by title: Ordinance No. 2023-#10 - CAPITAL ORDINANCE OF THE BOROUGH OF WALDWICK, IN THE COUNTY OF BERGEN, NEW JERSEY APPROPRIATING THE SUM OF $44,950 AUTHORIZING PROCUREMENTS OF IT AND TELECOM EQUIPMENT, LUCAS CHEST COMPRESSION MACHINES, AND AED UNITS. APPROPRIATING THEREFORE THE SUM OF $44,950 TO BE FUNDED THROUGH THE CAPITAL IMPROVEMENT FUND Mayor: A motion is in order to move and pass the ordinance on first reading, and that the Municipal Clerk be authorized to publish said Ordinance and Notice of Hearing in accordance with law, with the Public Hearing on said Ordinance to be held at 7:30 pm or as soon thereafter as the matter may be heard on Tuesday, April 11, 2023. Motion: ______ Seconded: ______ Roll Call: _____ _____ _____ _____ _____ _____ _____ Cericola Ritchie Schatz Sciolaro Sherman Weber Giordano Clerks/Ordinances/Introsample.doc Ordinance No. 2023-#10 CAPITAL ORDINANCE OF THE BOROUGH OF WALDWICK, IN THE COUNTY OF BERGEN, NEW JERSEY APPROPRIATING THE SUM OF $44,950 AUTHORIZING PROCUREMENTS OF IT AND TELECOM EQUIPMENT, LUCAS CHEST COMPRESSION MACHINES, AND AED UNITS. APPROPRIATING THEREFORE THE SUM OF $44,950 TO BE FUNDED THROUGH THE CAPITAL IMPROVEMENT FUND ($44,950) WHEREAS, the Mayor and Council identified the following projects to be completed in the capital budget of the Borough in an amount not to exceed $44,950, which is contained in the 2023 Municipal Budget under the appropriations known as the Capital Improvement; and WHEREAS, the financing for those projects was to be funded through appropriation from the Capital Improvement Fund and not through the issuance of any Borough debt. NOW, THEREFORE, BE IT ORDAINED that the Mayor and Council of the Borough of Waldwick hereby appropriates $44,950 to fund procurements of IT and telecom equipment, Lucas chest compression machines, and AED units. Section 1: IT/ TELECOM EQUIPMENT Appropriation and Estimated Cost $20,000 Capital Improvement Fund $20,000 LUCAS CHEST COMPRESSION MACHINES Appropriation and Estimated Cost $16,550 Capital Improvement Fund $16,550 AED UNITS Appropriation and Estimated Cost $8,400 Capital Improvement Fund $8,400 Aggregate Appropriation and Estimated Cost $44,950 Capital Improvement Fund Appropriated $44,950 Section 2: The sum of $44,950 is hereby appropriated to the payment of the cost for the improvements described above. Said appropriation shall be funded through proceeds in the Capital Improvement Fund ($44,950). There is to be no debt incurred by the Borough of Waldwick by the passage of this ordinance. Clerks/Ordinances/Introsample.doc Section 3: Said improvements are lawful capital improvements of the Borough of Waldwick having a period of usefulness of at least five (5) years. Said improvements shall be made as a general improvement. BE IT FURTHER ORDAINED that this Ordinance shall take effect upon publication and adoption as required by law. Clerks/Ordinances/Introsample.doc  INTRODUCTION OF ORDINANCE Date: March 28, 2023 Mayor Giordano asked the Clerk to read the Ordinance No. 2023-#011 by title: Ordinance No. 2023-#11 - AN ORDINANCE AMENDING ORDINANCE NO. 2022-#12, FIXING THE COMPENSATION, SALARIES AND WAGES OF OFFICIALS AND EMPLOYEES OF THE BOROUGH OF WALDWICK Mayor: A motion is in order to move and pass the ordinance on first reading, and that the Municipal Clerk be authorized to publish said Ordinance and Notice of Hearing in accordance with law, with the Public Hearing on said Ordinance to be held at 7:30 pm or as soon thereafter as the matter may be heard on Tuesday, April 11, 2023. Motion: ______ Seconded: ______ Roll Call: _____ _____ _____ _____ _____ _____ _____ Cericola Ritchie Schatz Sciolaro Sherman Weber Giordano Ordinance No. 2023-#11 AN ORDINANCE AMENDING ORDINANCE NO. 2022-#12, FIXING THE COMPENSATION, SALARIES AND WAGES OF OFFICIALS AND EMPLOYEES OF THE BOROUGH OF WALDWICK BE IT ORDAINED by the Mayor and Council of the Borough of Waldwick, in the County of Bergen and State of New Jersey, as follows: ARTICLE I Mayor and Council Section 1. Annual Salary for Mayor: payment periods. A salary of Two Thousand Five Hundred Dollars ($2,500) per year, payable in equal quarterly installments with the first payroll in March, June, September and last payroll in November shall be paid to the Mayor of the Borough of Waldwick. Section 2. Annual Salary for Members of Council: payment periods. A salary of Two Thousand Dollars ($2,000) per year, payable in equal quarterly installments with the first payroll in March, June, September and last payroll in November shall be paid to each member of Council of the Borough of Waldwick. ARTICLE II Officials and Employees Section 1. Compensation for Borough Attorney, Prosecutor, Public Defender, Engineer and Auditor. The compensation to be paid to the Borough Attorney, Prosecutor, Public Defender, Borough Engineer and the Borough Auditor shall be fees, which shall be paid upon presentation of vouchers properly sworn or certified to as required by law. The official position is without salary. Section 2. Annual salaries for other officials and employees. For the purpose of fixing salary ranges, the annual salary ranges for certain positions in the Borough are as follows: payable in 24 installments, starting January 1, 2023 except as otherwise noted.  POSITION TITLE SALARY RANGE MINIMUM MAXIMUM (1) ADMINISTRATIVE & EXECUTIVE ADMINISTRATOR/DEPT. HEAD $120,000 $175,000 MUNICIPAL CLERK $83,000 $115,000 GRANTS/DEPT. HEAD $50,000 $70,000 BLDG. MAINT. WORKER $37,000 $50,000 CLERK 1 $40,000 $70,000 The salary for Assessment Search Officer of $1,000 is made a part of the salary of the Borough Clerk. (2) FINANCIAL ADMINISTRATION CHIEF FINANCIAL OFFICER/ $110,000 $175,000 TAX COLLECTOR KEYBOARDING CLERK I $40,000 $70,000 The Salary listed for the Chief Financial Officer shall include the duties of Tax Collector, Tax Search Officer and Supervisor of Accounts in the Water Utility. (3) ASSESSMENT OF TAXES TAX ASSESSOR $25,000 $40,000 (4) COLLECTOR OF TAXES KEYBOARDING CLERK I $40,000 $70,000 (5) MUNICIPAL COURT JUDGE $12,000 $22,000 (6) PLANNING BOARD SECRETARY BOARD/COMMISSION $8,500 $12,000 (7) BOARD OF ADJUSTMENT SECRETARY BOARD/COMMISSION $8,500 $12,000  POSITION TITLE SALARY RANGE MINIMUM MAXIMUM (8) FIRE DEPARTMENT CHIEF $ 2,800 FIRST ASST. CHIEF $ 900 SECOND ASST. CHIEF $ 900 FIRST CAPTAIN $ 650 SECOND CAPTAIN $ 650 FIRST LIEUTENANT $ 550 SECOND LIEUTENANT $ 375 SECRETARY $ 300 TREASURER $ 100 VICE PRESIDENT $ 100 PRESIDENT $ 300 Salary of the Fire Chief shall be payable in semiannual installments payable with the first payroll in June and last payroll in November. The salaries of all other Fire Department officers shall be payable with the last payroll in November. (9) POLICE DEPARTMENT CHIEF $160,000 $200,000 PUBL SFTY TELCMMCTR TRNE $35,000 $40,000 PUBL SFTY TELCMMCTR $35,000 $40,000 SCHOOL TRAFFIC GUARDS $9,000 $12,000 Public Safety Telecommunicator’s and Public Safety Telecommunicator Trainee’s holding an EMT certification shall receive $1,500 in compensation above their annual salary. (10) BUILDING DEPT. CD ENF OFCR/CONST OFCL/ZNG OFCR $80,000 $125,000 PLUMBING SUB-CODE $10,000 $18,000 ELECTRICAL SUB-CODE $10,000 $18,000 FIRE SUB-CODE $10,000 $18,000 CLERK-TRANSCRIBER $40,000 $70,000 The salary for Construction Code Official includes a $2,000 stipend for acting as a Plumbing Sub-Code Official in the absence of Plumbing Sub-Code Inspector.  POSITION TITLE SALARY RANGE MINIMUM MAXIMUM (11) RECREATION POOL OPERATOR – SEASONAL $11,000 $17,000 SWIM TEAM COACH - SEASONAL $1,000 $2,500 SWIM LESSON INSTRUCTORS STUDENT/SESSION $12.00 (12) WATER DEPARTMENT KEYBOARDING CLERK 1 $40,000 $70,000 (13) ROAD DEPARTMENT PUBLIC WORKS SUPERINTENDENT $100,000 $130,000 Public Work’s Superintendent’s serving as the Licensed Operator of the Borough of the Waldwick Water System or Sewer System shall receive $5,000 in compensation for each position, above their annual salary. Section 3. Persons employed by the Borough on a temporary or part-time basis shall be paid at an hourly rate at or within the range of the minimum and maximum amount set for the position title below, payable semi-monthly. PART-TIME TITLES MINIMUM MAXIMUM SCHOOL TRAFFIC GUARDS $19.00 $26.75 CLERK-TRANSCRIBER/TYPIST $15.00 $20.00 CLERK 1 $15.00 $25.00 CLERK 1 (RECREATION) $11.90 $15.00 ACCT CLK TYPG BI SP/ENG $15.00 $25.00 EMREGENCY TEMPORARY HELP $15.00 $40.00 TELECOM. OPERATOR $19.75 $24.00 INSPECTORS BLDG DEPT $25.00 $40.00 COURT ADMINISTRATOR $35.00 $60.00 SUBSTITUTE JUDGE (PER SESSION) $250.00 HEAD LIFEGUARD $13.75 $17.25 SENIOR LIFEGUARD $13.15 $16.75 LIFEGUARD $12.90 $16.00 FIRE OFFICIAL $25.00 $40.00 FIRE INSPECTOR $25.00 $35.00 FIRE CLERK TRANSCRIBER $1,000.00 $1,500.00 Section 4. Overtime and Recall A. Employees shall be paid overtime by practice or policy as has been or hereafter may be determined by the Mayor and Council. B. Overtime payments shall be included and paid as part of the next full pay period of the Borough after said services are performed and the payment is approved by the appropriate department head. Section 5. Hourly rates An employee's regular hourly rate of pay shall be calculated by dividing such employee's annual salary by the number of hours in his regular work year. Section 6. Travel Allowance - The following employees shall receive on an annual basis travel allowance in the amounts specified below. Borough Administrator $800 Borough Clerk $200 Grants Administrator $200 Building Maint. Worker $800 Construction Code Official $800 Chief Financial Officer $400 Water Agent $400 Assistant Fire Chief (if no veh.) $300 Section 7. Cell Phone Allowance - The following employees shall receive on an annual basis cell phone allowance in the amounts specified below. Borough Administrator $240 Construction Code Official $240 Section 8. Repealer All other ordinances or parts of ordinances inconsistent herewith are hereby repealed.