Council Meeting

REGULAR MEETING AGENDA 1 AGENDA FOR THE REGULAR MEETING OF THE MAYOR & COUNCIL OF THE BOROUGH OF WALDWICK TUESDAY, AUGUST 15, 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 Steven J. Neale, 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 VIII. CONSENT AGENDA RESOLUTIONS 2023-262 Approval of Consent Agenda 2023-263 Approval of Minutes – Regular Meeting June 20, 2023 and July 18, 2023 and Special Meeting July 25, 2023 Policy Votes a. Erica Campanelli request to hold a Block Party on October 21 from 1:00 pm – 5:00 pm with Woodside Road to be closed between Glenair Avenue and Derby Lane with alcoholic beverages being served REGULAR MEETING AGENDA 2 b. Emily Tedeschi request to use Pavilion A on September 16 from 12:00 pm – dusk for a Children’s Birthday Party with alcoholic beverages being served c. Rob & Jen Swanson request to use Pavilion A on October 7 from 11:00 am – dusk for a Children’s Birthday Party with alcoholic beverages being served d. Waldwick Football Club request to use Veterans Park Field from August 15 – November 20: Mondays 4:00 pm – dark, Tuesdays 4:00 pm – dark, Wednesdays 4:00 pm – dark, Saturdays 1:00 pm to dark and Sundays 8:30 am – 12:30 pm and approval to add light tower for October – November e. Waldwick Soccer Association request to use Veterans Park Field from August 20 – December 3: Thursdays & Fridays 4:30 pm – dark, Saturdays 8:30 am – 1:00 pm, Sundays 12:00 pm - dark and request DPW to line the field and reline as needed f. Waldwick Chamber of Commerce request permission to hold the 16th Annual Waldwick Chamber of Commerce 5K Run on Sunday, May 5, 2024 from 7:00 am – 11:30 am and to display the W5K Run banner on fence located at the end of East Prospect beginning April 1, 2024 g. Appointment of Matthew Feldman as a Senior Member of the Waldwick Fire Department h. Appointment of James McNaught as a Senior Member of the Waldwick Fire Department i. Appointment of Liam Vime-Olive as a Junior Member of the Waldwick Fire Department 2023-264 Authorizing the Filing of a Claim by Wilentz Goldman & Spitzer P.A. in Regards to PFOS Litigation on Behalf of the Borough of Waldwick 2023-265 Award Fair and Open Contract to Pierce Equipment Co., Inc. Repair & Replace Vac- Con Sewer Truck, $238,893.05 2023-266 Award Non-Fair and Open Professional Services Contract to Peter J. Lupo Esq. of Hoplite Communications LLC - Telecommunications Attorney 2023-267 Award Non-Fair and Open Professional Services Contract to Boswell Engineering for Asset Inventory Mapping, $35,000.00 2023-268 Change Order No. 1 and Final Payment to D&L Paving Contractors Inc. for Improvements to East Prospect Street Phase I & II 2023-269 Change Order No. 1 and Final Payment to AJM Contractors, Inc. for Borough Wide ADA Curb Ramp Upgrades 2023-270 Authorize Waiver of Permit Fees to Bryan Electric for the Installation of Direct Current Fast Charging (DCFC) Stations 2023-271 Authorize Amendments to Autocab Licenses – N Style LLC 2023-272 Approve Raffle License 2023-#04 for Families for Families 2023-273 Certification of the Annual Audit 2023-274 Execution of Low-Income Household Water Assistance Program (LIHWAP) Vendor’s Agreement 2023-275 Authorize Lease Agreement for Quadient Folding/Inserting Machine 2023-276 Release Vacant Property Escrows - 24 Schuler Avenue, B148/L42 2023-277 Payment of Vouchers IX. PUBLIC HEARING & ADOPTION OF ORDINANCE(S) a. Ordinance No. 2023-#17 - AN ORDINANCE TO AMEND CHAPTER 48 – FEES, SECTION 48:51-8 – FIRE PREVENTION CODE TO ADD A FEE FOR FIRE INSPECTION FOR NON-OWNER OCCUPIED ONE- AND TWO-FAMILY DWELLINGS REGULAR MEETING AGENDA 3 b. Ordinance No. 2023-#18 - CREATE CHAPTER 74 SALT STORAGE REGULATIONS TO THE CODE OF THE BOROUGH OF WALDWICK c. Ordinance No. 2023-#19 – BOND ORDINANCE TO APPROPRIATE AN ADDITIONAL SUM OF $820,000 FOR THE UNDERTAKING OF VARIOUS WATER SYSTEM TREATMENT IMPROVEMENTS IN, BY AND FOR THE WATER UTILITY OF THE BOROUGH OF WALDWICK, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY, TO AUTHORIZE THE ISSUANCE OF BONDS TO FINANCE SUCH ADDITIONAL APPROPRIATION AND TO PROVIDE FOR THE ISSUANCE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE OF SUCH BONDS X. INTRODUCTION OF ORDINANCE(S) a. Ordinance No. 2023-#20 - AN ORDINANCE AUTHORIZING THE BOROUGH OF WALDWICK TO ENTER INTO A LEASE AGREEMENT WITH THE WALDWICK HIGH SCHOOL GRADUATION BALL, INC. FOR USE OF THE OLD DPW COMPLEX 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. 2023-262 (Page 1 of 2) 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: 2023-262 Approval of Consent Agenda 2023-263 Approval of Minutes – Regular Meeting June 20, 2023 and July 18, 2023 and Special Meeting July 25, 2023 Policy Votes a. Erica Campanelli request to hold a Block Party on October 21 from 1:00 pm – 5:00 pm with Woodside Road to be closed between Glenair Avenue and Derby Lane with alcoholic beverages being served b. Emily Tedeschi request to use Pavilion A on September 16 from 12:00 pm – dusk for a Children’s Birthday Party with alcoholic beverages being served c. Rob & Jen Swanson request to use Pavilion A on October 7 from 11:00 am – dusk for a Children’s Birthday Party with alcoholic beverages being served d. Waldwick Football Club request to use Veterans Park Field from August 15 – November 20: Mondays 4:00 pm – dark, Tuesdays 4:00 pm – dark, Wednesdays 4:00 pm – dark, Saturdays 1:00 pm to dark and Sundays 8:30 am – 12:30 pm and approval to add light tower for October – November e. Waldwick Soccer Association request to use Veterans Park Field from August 20 – December 3: Thursdays & Fridays 4:30 pm – dark, Saturdays 8:30 am – 1:00 pm, Sundays 12:00 pm - dark and request DPW to line the field and reline as needed f. Waldwick Chamber of Commerce request permission to hold the 16th Annual Waldwick Chamber of Commerce 5K Run on Sunday, May 5, 2024 from 7:00 am – 11:30 am and to display the W5K Run banner on fence located at the end of East Prospect beginning April 1, 2024 g. Appointment of Matthew Feldman as a Senior Member of the Waldwick Fire Department h. Appointment of James McNaught as a Senior Member of the Waldwick Fire Department i. Appointment of Liam Vime-Olive as a Junior Member of the Waldwick Fire Department 2023-264 Authorizing the Filing of a Claim by Wilentz Goldman & Spitzer P.A. in Regards to PFOS Litigation on Behalf of the Borough of Waldwick 2023-265 Award Fair and Open Contract to Pierce Equipment Co., Inc. Repair & Replace Vac-Con Sewer Truck, $238,893.05 2023-266 Award Non-Fair and Open Professional Services Contract to Peter J. Lupo Esq. of Hoplite Communications LLC - Telecommunications Attorney 2023-267 Award Non-Fair and Open Professional Services Contract to Boswell Engineering for Asset Inventory Mapping, $35,000.00 2023-268 Change Order No. 1 and Final Payment to D&L Paving Contractors Inc. for Improvements to East Prospect Street Phase I & II  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2023-262 (Page 2 of 2) 2023-269 Change Order No. 1 and Final Payment to AJM Contractors, Inc. for Borough Wide ADA Curb Ramp Upgrades 2023-270 Authorize Waiver of Permit Fees to Bryan Electric for the Installation of Direct Current Fast Charging (DCFC) Stations 2023-271 Authorize Amendments to Autocab Licenses – N Style LLC 2023-272 Approve Raffle License 2023-#04 for Families for Families 2023-273 Certification of the Annual Audit 2023-274 Execution of Low-Income Household Water Assistance Program (LIHWAP) Vendor’s Agreement 2023-275 Authorize Lease Agreement for Quadient Folding/Inserting Machine 2023-276 Release Vacant Property Escrows - 24 Schuler Avenue, B148/L42 2023-277 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 August 15, 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. 2023-263 Approval of Minutes - Regular Meeting June 20, 2023 and July 18, 2023 and Special Meeting July 25, 2023 BE IT RESOLVED that the Mayor and Council of the Borough of Waldwick hereby approve the following Minutes: Regular Meeting, June 20, 2023 Regular Meeting, July 18, 2023 Special Meeting, July 25, 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 August 15, 2023. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2023-264 (Page 1 of 2) Authorizing the Filing of a Claim by Wilentz Goldman & Spitzer P.A. in Regards to PFOS Litigation on Behalf of the Borough of Waldwick WHEREAS, the New Jersey Department of Environmental Protection (“NJDEP”) and the United State Environmental Protection Agency (“EPA”) have promulgated regulations concerning the maximum levels (“MCL”) of per or polyfluoroalkyl substances (“PFAS”) which is an umbrella term that includes, among other substances, perfluorooctane sulfonate (“PFOS”) and/or perfluorooctanoic acid (“PFOA”); and WHEREAS, the regulations require water utilities to test for and protect against exceedance of the MCLs in their public water supplies; and WHEREAS, the Borough of Waldwick has a water utility and is responsible for abiding by these regulations and in the process will be forced to expend substantial sums of money to address treatment for PFOS; and WHEREAS, there is currently nationwide consolidated litigation over the source and responsibility for these chemicals entering the public waterway that is venued in the United States District Court for the District of South Carolina, Charleston Division; and WHEREAS, the Borough is desirous in pursuing their claims and seeking reimbursement for the money that will be spent in treating for PFOS and other chemicals that have caused to enter the public water supply and caused the Borough to expend said sums of money. NOW THEREFORE BE IT RESOLVED, that the Borough of Waldwick hereby authorizes the law firm of Wilentz Goldman & Spitzer P.A. in conjunction with the Borough Attorney (collectively “Attorneys”) to file a claim on behalf of the Borough and protect the Borough’s interest in that matter; and BE IT FURTHER RESOLVED, that the Borough hereby authorizes the Attorneys to take all steps necessary to not only protect the Borough’s interest but to seek recovery and reimbursement for any and all monies already spent, or to be spent in connection with being forced to treat for PFOS; and BE IT FURTHER RESOLVED, that the Borough Attorney is authorized to execute a contingency fee retainer agreement with Wilentz, Goldman & Spitzer, P.A. to facilitate such representation.  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2023-264 (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 August 15, 2023. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR & COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2023-265 (Page 1 of 2) Award Fair and Open Contract to Pierce Equipment Co., Inc. Repair & Replace Vac-Con Sewer Truck, $238,893.05 WHEREAS, Notice to Bidders for Repair & Replace Vac-Con Sewer Truck, was advertised in accordance with Local Public Contracts Law; and, WHEREAS, one (1) bid was received, opened and read on August 8, 2023 and were reviewed by the Qualified Purchasing Agent Matthew Guilder, Borough Administrator Steven Neale, and Public Works Superintendent Michael LaTorre; and, WHEREAS, the bid results were as follows: Pierce Equipment Co., Inc. $238,893.05 WHEREAS, Public Works Superintendent Michael LaTorre, QPA Matthew Guilder, and Borough Administrator Steven Neale recommend the Borough proceed with the contract award as the cost provided is in line with the expected amount; and, WHEREAS, Colleen Ennis, Chief Financial Officer, has certified that $238,893.05 is available in the following appropriation: G-04-23-485-244, and has further certified that this commitment together with all previously made commitments and payments does not exceed the funds available in said appropriation; and has further certified that the funds available in the said appropriation are intended for the purpose herein committed. NOW, THEREFORE, BE IT RESOLVED that the contract for Repair & Replace Vac-Con Sewer Truck be awarded to the low bidder, Pierce Equipment Co., Inc., 3388 Route 22 West, Somerville, NJ 08876, at their bid price of $238,893.05; and, BE IT FURTHER RESOLVED, that the Mayor and Municipal Clerk be and are hereby authorized to execute the agreement for this project award.  MAYOR & COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2023-265 (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 August 15, 2023. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2023-266 (Page 1 of 2) Award Non-Fair and Open Professional Services Contract to Peter J. Lupo Esq. of Hoplite Communications LLC - Telecommunications Attorney WHEREAS, it is necessary for the Borough of Waldwick to retain a telecommunications attorney to provide municipal services with regard to the Borough’s communication carriers as carrier agreements and wireless communications facilities, in particular, the installation of next generation mobile networks in the public right-of-way, are beyond the scope and expertise of professionals normally utilized by the Borough; and, WHEREAS, the Borough desires to appoint Peter J. Lupo Esq. of Hoplite Communications, LLC, with offices at 197 Route 18, Suite 3000, East Brunswick, NJ 08816, as its telecommunications Attorney, to provide municipal services with regard to the Borough’s communications carriers; and, WHEREAS, Hoplite Communications LLC, has provided a copy of its summary of services, attached hereto and incorporated herein by reference; and, WHEREAS, Hoplite Communications will serve as telecommunications attorney at a not to exceed cost of $5,000 for the term of August 15, 2023 through December 31, 2023; and, NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Waldwick, County of Bergen and State of New Jersey state that Peter J. Lupo Esq. of Hoplite Communications is hereby appointed as the Borough’s telecommunications attorney to provide municipal services with regard to the Borough’s communication carriers at an amount not to exceed $5,000 for the term of August 15, 2023 through December 31, 2023; and, BE IT FURTHER RESOLVED, that this resolution to appoint a telecommunications attorney is made without competitive bidding in accordance with the Local Public Contracts Law, specifically N.J.S.A. 40A:11-6.1, because the value of the goods or services does not exceed the bidding threshold.  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2023-266 (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 August 15, 2023. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2023-267 (Page 1 of 2) Award Non-Fair and Open Professional Services Contract to Boswell Engineering for Asset Inventory Mapping, $37,600.00 WHEREAS, the Borough requires Global Positioning System (GPS) and Geographic Information Systems (GIS) mapping services for the Borough of Waldwick’s existing stormwater assets; and, WHEREAS, Boswell Engineering submitted the attached proposal for Task 1A: Asset inventory Survey, Task 1B: GPS Field Survey, and Task 2 GIS Data Integration at a cost of $37,600; and, WHEREAS, the New Jersey Local Public Contracts Law authorizes the award of contract for "Professional Services" without competitive bids; and, WHEREAS, Boswell Engineering total aggregate awards, including this award, will exceed the Pay-to-Play limit of $17,500 over a one-year period; and, WHEREAS, Boswell Engineering, has completed and submitted a Business Entity Disclosure Certification which certifies Boswell Engineering has not made any reportable contributions to a political or candidate committee in the Borough of Waldwick in the previous one year, and that the contract will prohibit Boswell Engineering from making any reportable contributions through the term of the contract; and, WHEREAS, Chief Financial Officer, has certified that $37,600 is available in the following appropriations: W-06-22-594-102: $3,419.61, W-06-23-596-103: $34,180.39 and has further certified that this commitment together with all previously made commitments and payments does not exceed the funds available in said appropriation; and has further certified that the funds available in the said appropriation are intended for the purpose herein committed. NOW, THEREFORE, BE IT RESOLVED, that the Borough Council hereby award a contract to Boswell Engineering, 300 Phillips Avenue, P. O. Box 3152, South Hackensack, NJ 07606, for asset inventory mapping at a cost of $37,600.00.  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2023-267 (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 August 15, 2023. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2023-268 Change Order No. 1 and Final Payment to D&L Paving Contractors Inc. for Improvements to East Prospect Street Phase I & II WHEREAS, a contract was awarded to D&L Paving Contractors Inc. for Improvements to East Prospect Street Phase I & II on June 21, 2022 in the amount of $404,726.76 by Resolution No. 2022-224; and, WHEREAS, Change Order No. 1, decreases the contract amount from by $6,983.26 to a total of $397,743.50 due to decreases in materials used; and, WHEREAS, the Borough Engineer has recommended final payment in the amount of $33,043.43 to D&L Paving Contractors Inc., as the work is complete. NOW, THEREFORE, BE IT RESOLVED that the Municipal Council of the Borough of Waldwick hereby approves Change Order No. 1, in the reduced amount of $6,983.26 for a total contract amount of $397,743.50, and final payment in the amount of $33,043.43 for Improvements to East Prospect Street Phase I & II P to D&L Paving Contractors Inc., 681 Franklin Avenue, Nutley, NJ 07110; and, BE IT FURTHER RESOLVED that this payment is authorized by the Mayor and Council as Contractor has supplied the required one-year maintenance bond. 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 August 15, 2023. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2023-269 Change Order No. 1 and Final Payment to AJM Contractors, Inc. for Borough Wide ADA Curb Ramp Upgrades WHEREAS, a contract was awarded to AJM Contractors, Inc. for Borough Wide ADA Curb Ramp Upgrades on May 23, 2023 in the amount of $56,526 by Resolution No. 2023-205; and, WHEREAS, Change Order No. 1, decreases the contract amount from by $4,549 to a total of $51,977 due to decreases in materials used; and, WHEREAS, the Borough Engineer has recommended final payment in the amount of $51,977 to AJM Contractors, Inc. as the work is complete. NOW, THEREFORE, BE IT RESOLVED that the Municipal Council of the Borough of Waldwick hereby approves Change Order No. 1, in the reduced amount of $4,549 for a total contract amount of $51,977, and final payment in the amount of $51,977 for Borough Wide ADA Curb Ramp Upgrades to AJM Contractors, Inc., 300 Kuller Road, Clifton, NJ 07011; and, BE IT FURTHER RESOLVED that this payment is authorized by the Mayor and Council as Contractor has supplied the required one-year maintenance bond. 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 August 15, 2023. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2023-270 Authorize Waiver of Permit Fees to Bryan Electric for the Installation of Direct Current Fast Charging (DCFC) Stations WHEREAS, under Chapter 11 of the Code of the Borough of Waldwick, the Mayor and Council at any Regular Meeting has the right to waive certain fees; and, WHEREAS, Bryan Electric has filed for building permits associated with the installation of the DCFC Stations to be installed in the Borough Hall parking lot; and, WHEREAS, Bryan Electric has made a written request to the Mayor and Council to waive the municipal fees associated with the permits. NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the Borough of Waldwick that all municipal fees associated with the permits on behalf of the Borough for the above referenced project are hereby waived. 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 August 15, 2023. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2023-271 Authorize Amendments to Autocab Licenses – N Style LLC WHEREAS, the Mayor and Council of the Borough of Waldwick are in receipt of Autocab License Amendments from N Style LLC the owner of Larry Tong, 24 Wyckoff Avenue in the Borough of Waldwick; and, WHEREAS, all paperwork has been completed and all fees have been paid. NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the Borough of Waldwick, Bergen County, State of New Jersey that approval for an amended Autocab Licenses from Larry Tong the owner of N Style LLC, 24 Wyckoff Avenue in the Borough of Waldwick be granted. Company Name: N Style LLC Owner: Larry Tong Approved Amended Vehicle: 2022 Chevrolet Suburban VIN: 1GNSKBED1NR326717 2022 Lincoln Nautilus VIN: 2LMPJ8J90NBL09187 2016 GMC Yukon XL VIN: 1GKS2FKC8GR277115 2015 Lincoln MKT VIN: 2LMHJ5NK4FUL00932 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 August 15, 2023. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2023-272 Approve Raffle License 2023-#04 for Families for Families BE IT RESOLVED that the Municipal Council of the Borough of Waldwick hereby approve Raffle License 2023-#04, 50/50 for Families for Families. 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 August 15 2023. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2023-273 (Page 1 of 2) Certification of the Annual Audit GOVERNING BODY CERTIFICATION OF THE ANNUAL AUDIT WHEREAS, N.J.S.A. 40A: 5-4 requires the governing body of every local unit to have made an annual audit of its books, accounts and financial transactions; and, WHEREAS, the Annual Report of Audit for the year 2022 has been filed by a Registered Municipal Accountant with the Municipal Clerk pursuant to N.J.S.A. 40A: 5-6, and a copy has been received by each member of the governing body; and, WHEREAS, R.S. 52:27BB-34 authorizes the Local Finance Board of the State of New Jersey to prescribe reports pertaining to the local fiscal affairs; and, WHEREAS, the Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring that the governing body of each municipality shall by resolution certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, as a minimum, the sections of the annual audit entitled "Comments and Recommendations; and, WHEREAS, the members of the Governing Body have personally reviewed as a minimum the Annual Report of Audit, and specifically the sections of the Annual Audit entitled "Comments and Recommendations, as evidenced by the Group Affidavit form of the governing body attached hereto; and, WHEREAS, such resolution of certification shall be adopted by the Governing Body no later than forty-five days after the receipt of the annual audit, pursuant to N.J.A.C. 5:30-6.5; and, WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board; and,  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2023-273 (Page 2 of 2) WHEREAS, failure to comply with the regulations of the Local Finance Board of the State of New Jersey may subject the members of the local governing body to the penalty provisions of R.S. 52:27BB-52, to wit: R.S. 52:27BB-52: A local officer or member of a local governing body who, after a date fixed for compliance, fails or refuses to obey an order of the director (Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Waldwick, hereby states that it has complied with N.J.A.C. 5:30-6.5 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance. 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 August 15, 2023. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2023-274 Execution of Low-Income Household Water Assistance Program (LIHWAP) Vendor’s Agreement WHEREAS, Governor Murphy has recently signed legislation required municipalities that directly bill residential customers for water and/or sewer to participate in a program administered by the Department of Community Affairs (“DCA”) that provides funds to assist low-income households with water and wastewater bills to as to ensure that qualifying households facing shut-off are able to have their services restored; and, WHEREAS, water service providers are required by the legislation to execute and agreement with DCA to participate with the Low-Income Household Water Assistance Program (LIHWAP) and failure to do so will result in prohibiting the municipality from (1) discontinuing water service of any residential customer for non-payment; and, (2) placing or selling a lien on real property for the unpaid balance of water charges of a residential customer; and, WHEREAS, the DCA will also provide financial support to such qualifying residents behind on their water bills which is beneficial to the municipality. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Waldwick in the County of Bergen and State of New Jersey that the Mayor and Borough Clerk are hereby authorized to execute a Vendor’s Agreement with the Low-Income Household Water Assistance Program (LIHWAP) in the New Jersey Department of Community Affair. 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 August 15, 2023 _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2023-275 Authorize Lease Agreement for Quadient Folding/Inserting Machine WHEREAS, the there is a need by numerous departments within the Borough of Waldwick to have access to a folding/inserting machine to facilitate various mailings done throughout the year; and, WHEREAS, the Borough of Waldwick has had a contract with Quadient for the rental of a folding/inserting machine for the contract duration of 60 months; and, WHEREAS, the contract with Quadient expired on June 26, 2023; and, WHEREAS, Quadient’s quote of $345.43 per month was the most cost effective of the three quotes received by the CFO for a machine similar to the DS-63 model which they currently have; and, WHEREAS, the CFO certifies that funds are available in line item 3-01-20-145-029 for the current year, and payments for future years will be included in the budgeting process. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Waldwick authorize the CFO to sign a 60-month Lease Agreement with Quadient for the rental of a DS-64i Folding/Inserting Machine found as Attachment A to this resolution. 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 August 15, 2023. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2023-276 Release Vacant Property Escrows - 24 Schuler Avenue, B148/L42 WHEREAS, escrows have been posted with the Borough of Waldwick in regard to vacant property maintenance; and, WHEREAS, there were no fees expended by the Borough of Waldwick to maintain the vacant property; and, WHEREAS, the property has been sold and is no longer vacant. NOW, THEREFORE, BE IT RESOLVED that the Collector-Treasurer is hereby authorized and directed to release the escrow balances to the following: Re: 24 Schuler Avenue Escrow #2206-00867 $2,000.00 National Field Representatives, Inc P.O Box 1480 Claremont, NJ 03743-1480 Re: 24 Schuler Avenue Escrow #2111-00806 $ 500.00 Escrow #2201-00815 $1,500.00 Five Brothers Mortgage Company 12220 East 13 Mile Road – Suite 100 Watten, MI 48093 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 August 15, 2023. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2023-277 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 August 15, 2023. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  PUBLIC HEARING OF AN ORDINANCE Date: August 15, 2023 Clerk read the ordinance by title Ordinance No. 2023-#17 - AN ORDINANCE TO AMEND CHAPTER 48 – FEES, SECTION 48:51-8 – FIRE PREVENTION CODE TO ADD A FEE FOR FIRE INSPECTION FOR NON-OWNER OCCUPIED ONE- AND TWO- FAMILY DWELLINGS 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, July 18, 2023 and will be further considered for final passage after a public hearing to be held on Tuesday, August 15, 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. Ordinance No. 2023-#17 - AN ORDINANCE TO AMEND CHAPTER 48 – FEES, SECTION 48:51-8 – FIRE PREVENTION CODE TO ADD A FEE FOR FIRE INSPECTION FOR NON-OWNER OCCUPIED ONE- AND TWO- FAMILY DWELLINGS WHEREAS, the Borough Council of the Borough of Waldwick seeks to institute an inspection fee for non-owner occupied one- and two-family dwellings; and WHEREAS, the Borough has established a fee schedule for inspections for multi-family residential units greater than 3 units, and would now like to include non-owner occupied one- and two-family units; and WHEREAS, the Borough Council of the Borough of Waldwick seeks to comply with N.J.A.C. 5:70- 1.5; N.J.A.C. 5:70-3, 101.3; N.J.A.C. 5:70-3, 101.3.1; and WHEREAS, the Borough Council of the Borough of Waldwick seeks to charge an annual inspection fee of $50 for non-owner occupied one- and two-family dwellings; and WHEREAS, the Borough Council of the Borough of Waldwick seeks to require annual inspection fees paid by April 1 of each year at the time of Tenant Registration pursuant to Code § 54-4. NOW THEREFORE BE IT ORDAINED, by the Mayor and Council of the Borough of Waldwick, County of Bergen, State of New Jersey, the following section is amended as follows with new section italicized and strikethrough deleted: 48:51-8 FIRE PREVENTION CODE 48:51-8. Additional required registration, inspections, and fees. Additional fees are not required for "Life Hazard Use Structures" which are regulated by the Uniform Fire Safety Act. In addition to the inspections and fees required pursuant to the Act and regulations of the Department of Community Affairs, the following registration, inspections, and fees shall be required: All fees are due by December 31st of each year. If fees are not paid by January 10, a 25% late fee will be applied to the balance owed. Use Group Fee Residential (multi-family) a. 1 to 2 units (non-owner occupied) $50.00 a.b. 3 to 10 units $75.00 b. c. 11 to 20 units $100.00 c. d. 21 to 30 units $125.00 d. e. 31 or more units $175.00 BE IT FURTHER ORDAINED THAT all provisions of this ordinance are severable. If for any reason, any provision of this ordinance is held to be invalid, the validity of the remainder of the ordinance shall not be affected. This ordinance shall take effect upon final passage and publication thereof required by law. Kelley Halewicz, RMC/CMC Municipal Clerk 1t: Monday, July 24, 2023 The Bergen Record Fee:  PUBLIC HEARING OF AN ORDINANCE Date: August 15, 2023 Clerk read the ordinance by title Ordinance No. 2023-#18 - CREATE CHAPTER 74 SALT STORAGE REGULATIONS TO THE CODE OF THE BOROUGH OF WALDWICK 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, July 18, 2023 and will be further considered for final passage after a public hearing to be held on Tuesday, August 15, 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. Ordinance No. 2023-#18 - CREATE CHAPTER 74 SALT STORAGE REGULATIONS TO THE CODE OF THE BOROUGH OF WALDWICK BE IT ORDAINED that the Municipal Council of the Borough of Waldwick hereby adds Chapter 74 Salt Storage Regulations to the Code of the Borough of Waldwick as follows: SECTION I. Purpose The purpose of this ordinance is to prevent stored salt and other solid de-icing materials from being exposed to stormwater. This ordinance establishes requirements for the storage of salt and other solid de-icing materials on properties not owned or operated by the municipality (privately-owned), including residences, in the Borough of Waldwick to protect the environment, public health, safety and welfare, and to prescribe penalties for failure to comply. SECTION II. Definitions For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning. When consistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word “shall” is always mandatory and not merely directory. A. “De-icing materials” means any granular or solid material such as melting salt or any other granular solid that assists in the melting of snow. B. “Impervious surface” means a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water. C. “Storm drain inlet” means the point of entry into the storm sewer system.  D. “Permanent structure” means a permanent building or permanent structure that is anchored to a permanent foundation with an impermeable floor, and that is completely roofed and walled (new structures require a door or other means of sealing the access way from wind driven rainfall). A fabric frame structure is a permanent structure if it meets the following specifications: 1. Concrete blocks, jersey barriers or other similar material shall be placed around the interior of the structure to protect the side walls during loading and unloading of de-icing materials; 2. The design shall prevent stormwater run-on and run through, and the fabric cannot leak; 3. The structure shall be erected on an impermeable slab; 4. The structure cannot be open sided; and 5. The structure shall have a roll up door or other means of sealing the access way from wind driven rainfall. E. “Person” means any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction. F. “Resident” means a person who resides on a residential property where de-icing material is stored. SECTION III. Deicing Material Storage Requirements A. Temporary outdoor storage of de-icing materials in accordance with the requirements below is allowed between October 15th and April 15th: 1. Loose materials shall be placed on a flat, impervious surface in a manner that prevents stormwater run-through; 2. Loose materials shall be placed at least 50 feet from surface water bodies, storm drain inlets, ditches and/or other stormwater conveyance channels; 3. Loose materials shall be maintained in a cone-shaped storage pile. If loading or unloading activities alter the cone-shape during daily activities, tracked materials shall be swept back into the storage pile, and the storage pile shall be reshaped into a cone after use; 4. Loose materials shall be covered as follows: a. The cover shall be waterproof, impermeable, and flexible; b. The cover shall extend to the base of the pile(s); c. The cover shall be free from holes or tears;  d. The cover shall be secured and weighed down around the perimeter to prevent removal by wind; and e. Weight shall be placed on the cover(s) in such a way that minimizes the potential of exposure as materials shift and runoff flows down to the base of the pile. (1) Sandbags lashed together with rope or cable and placed uniformly over the flexible cover, or poly-cord nets provide a suitable method. Items that can potentially hold water (e.g., old tires) shall not be used; 5. Containers must be sealed when not in use; and 6. The site shall be free of all de-icing materials between April 16th and October 14th. B. De-icing materials should be stored in a permanent structure if a suitable storage structure is available. For storage of loose de-icing materials in a permanent structure, such storage may be permanent, and thus not restricted to October 15 -April 15. C. The property owner, or owner of the de-icing materials if different, shall designate a person(s) responsible for operations at the site where these materials are stored outdoors, and who shall document that weekly inspections are conducted to ensure that the conditions of this ordinance are met. Inspection records shall be kept on site and made available to the municipality upon request. 1. Residents who operate businesses from their homes that utilize de-icing materials are required to perform weekly inspections. SECTION IV. Exemptions Residents may store de-icing materials outside in a solid-walled, closed container that prevents precipitation from entering and exiting the container, and which prevents the de-icing materials from leaking or spilling out. Under these circumstances, weekly inspections are not necessary, but repair or replacement of damaged or inadequate containers shall occur within 2 weeks. If containerized (in bags or buckets) de-icing materials are stored within a permanent structure, they are not subject to the storage and inspection requirements in Section III above. Piles of de-icing materials are not exempt, even if stored in a permanent structure. This ordinance does not apply to facilities where the stormwater discharges from de-icing material storage activities are regulated under another NJPDES permit. SECTION V. Enforcement This ordinance shall be enforced by the Zoning Official/Construction Official during the course of ordinary enforcement duties. SECTION VI. Violations and Penalties Any person(s) who is found to be in violation of the provisions of this ordinance shall have 72 hours to complete corrective action. Repeat violations and/or failure to complete corrective action shall result in fines as prescribed in Chapter 1-14.1 Penalties for violation. SECTION VII. Severability Each section, subsection, sentence, clause, and phrase of this Ordinance is declared to be an independent section, subsection, sentence, clause, and phrase, and finding or holding of any such portion of this Ordinance to be unconstitutional, void, or ineffective for any cause or reason shall not affect any other portion of this Ordinance. SECTION VIII. Effective Date This Ordinance shall be in full force and effect from and after its adoption and any publication as may be required by law. Kelley Halewicz, RMC/CMC Municipal Clerk 1t: Monday, July 24, 2023 The Bergen Record Fee:  PUBLIC HEARING OF AN ORDINANCE Date: August 15, 2023 Clerk read the ordinance by title Ordinance No. 2023-#19 – BOND ORDINANCE TO APPROPRIATE AN ADDITIONAL SUM OF $820,000 FOR THE UNDERTAKING OF VARIOUS WATER SYSTEM TREATMENT IMPROVEMENTS IN, BY AND FOR THE WATER UTILITY OF THE BOROUGH OF WALDWICK, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY, TO AUTHORIZE THE ISSUANCE OF BONDS TO FINANCE SUCH ADDITIONAL APPROPRIATION AND TO PROVIDE FOR THE ISSUANCE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE OF SUCH BONDS 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  ORDINANCE NO. 2023-#19 BOND ORDINANCE TO APPROPRIATE AN ADDITIONAL SUM OF $820,000 FOR THE UNDERTAKING OF VARIOUS WATER SYSTEM TREATMENT IMPROVEMENTS IN, BY AND FOR THE WATER UTILITY OF THE BOROUGH OF WALDWICK, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY, TO AUTHORIZE THE ISSUANCE OF BONDS TO FINANCE SUCH ADDITIONAL APPROPRIATION AND TO PROVIDE FOR THE ISSUANCE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE OF SUCH BONDS. --------------------------------------------------- WHEREAS, the Borough Council of the Borough of Waldwick, in the County of Bergen, State of New Jersey (the "Borough") has heretofore authorized the undertaking of various water system treatment improvements in, by and for the Water Utility of the Borough, and appropriated the aggregate sum of $5,280,000 therefor pursuant to ordinance no. 2021-06 adopted by the Borough Council of said Borough on April 27, 2021, and ordinance no. 2022-#16 adopted by the Borough Council of said Borough on June 21, 2022; and WHEREAS, the Borough Council now finds and determines that the additional sum of $820,000 is required for such improvements; and WHEREAS, the Borough Council has heretofore authorized the filing of a loan application by the Borough for the financing of allowable costs of the aforesaid improvements with the New -2- Jersey Environmental Infrastructure Financing Program (the "State Program"); NOW, THEREFORE, 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 additional sum of $820,000 is hereby appropriated to the payment of the cost of making the improvements authorized by ordinance no. 2021-06 adopted by the Borough Council of the Borough on April 27, 2021, and ordinance no. 2022-#16 adopted by the Borough Council of the Borough on June 21, 2022 (collectively, the "Prior Ordinance"). Said additional appropriation shall be met from the proceeds of the sale of the bonds authorized by this ordinance. No down payment is required pursuant to the provisions of N.J.S.A. 40A:2-11(c) because this ordinance involves environmental infrastructure projects to be funded by loans pursuant to the State Program. Any of said loan funds received shall be applied as set forth in Section 8 hereof. Said improvements have been and shall be made as general improvements and no part of the cost thereof has been nor shall be assessed against property specially benefited. Section 2. It is hereby determined and stated that (1) said purpose is not a current expense of said Borough, and (2) it is necessary to finance said purpose by the issuance of obligations of said Borough pursuant to the Local Bond Law (Chapter 2 of Title -3- 40A of the New Jersey Statutes Annotated, as amended; the "Local Bond Law"), and (3) the total estimated cost of said purpose is $6,100,000, including the sum of $5,280,000 appropriated by the Prior Ordinance and the $820,000 appropriated by this ordinance, and (4) the estimated maximum amount of bonds or notes necessary to be issued for said purpose is $6,100,000, including the $5,280,000 authorized by the Prior Ordinance and the $820,000 hereinafter authorized, and (5) the cost of such purpose, as hereinbefore stated, includes the aggregate amount of $1,125,000, including the sum of $1,120,000 stated in the Prior Ordinance and the sum of $5,000 hereby stated, which is estimated to be necessary to finance the cost of such purpose, 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 3. To finance said purpose, bonds of said Borough of an aggregate principal amount not exceeding $820,000 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. -4-  Section 4. To finance said purpose, bond anticipation notes of said Borough of an aggregate principal amount not exceeding $820,000 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 5. Each bond anticipation note issued pursuant to this ordinance and the Prior Ordinance shall be dated on or about the date of its issuance and shall be payable at such times as may be hereafter determined in accordance with the provisions of N.J.S.A. 58:11B-9(e) and within the limitations prescribed by law, 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 -5- 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 6. It is hereby determined and declared that the period of usefulness of said purpose, according to its reasonable life, is a period of twenty years computed from the date of said bonds. Section 7. 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 $820,000 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 8. 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 purpose shall be applied to the payment -6- of the cost of such purpose (except any funds received as loans from the State Program which shall be applied to the payment of the cost of such purpose or to the payment of any outstanding bond anticipation notes, but shall not reduce the amount of bonds authorized for such purpose), or, if bond anticipation notes have been issued, to the payment of the bond anticipation notes, and the amount of bonds authorized for such purpose shall be reduced accordingly. Section 9. 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 10. The Borough intends to issue the bonds or notes to finance the cost of the improvements authorized by the Prior Ordinance and described herein. 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. -7-  Section 11. 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 Borough for the payment of the principal of and interest on such bonds and notes, without limitation as to rate or amount. Section 12. This ordinance shall take effect twenty days after the first publication thereof after final passage. -8-  INTRODUCTION OF ORDINANCE Date: August 15, 2023 Mayor Giordano asked the Clerk to read the Ordinance No. 2023-#20 by title: Ordinance No. 2023-#20 - AN ORDINANCE AUTHORIZING THE BOROUGH OF WALDWICK TO ENTER INTO A LEASE AGREEMENT WITH THE WALDWICK HIGH SCHOOL GRADUATION BALL, INC. FOR USE OF THE OLD DPW COMPLEX 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, September 12, 2023. Motion: ______ Seconded: ______ Roll Call: _____ _____ _____ _____ _____ _____ _____ Cericola Ritchie Schatz Sciolaro Sherman Weber Giordano Ordinance No. 2023-#20 AN ORDINANCE AUTHORIZING THE BOROUGH OF WALDWICK TO ENTER INTO A LEASE AGREEMENT WITH THE WALDWICK HIGH SCHOOL GRADUATION BALL, INC. FOR USE OF THE OLD DPW COMPLEX WHEREAS, the Borough of Waldwick is the owner of certain property designated as Lot 16 in Block 132 as shown on the Tax Map of the Borough of Waldwick and upon which lies a Borough structure commonly known as “The Old DPW Complex”; and, WHEREAS, in 1991 the Borough of Waldwick entered into a Lease Agreement with Waldwick High School Graduation Ball, Inc. a non-profit corporation of the State of New Jersey; and, WHEREAS, pursuant to the Lease Agreement, Waldwick High School Graduation Ball, Inc. utilizes The Old DPW Complex for the preparation and storage of materials for the Waldwick High School Graduation Ball; and, WHEREAS, the Borough of Waldwick and Waldwick High School Graduation Ball Inc. wish to codify the Lease Agreement pursuant to the Local Lands and Buildings Law of the State of New Jersey (N.J.S.A. 40A:12-1 et seq.), NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of Waldwick as follows: Section 1: Findings. It is hereby determined that Waldwick High School Graduation Ball Inc. is a non-profit corporation organized and existing pursuant to Title 15 of the revised statutes of the State of New Jersey which pursuant to the purposes of such corporation, provides recreational activities for the youths located within the Borough of Waldwick, thereby contributing significantly to promoting the general welfare of the community. Section 2: Authorization and Purpose of Lease Agreement. In accordance with N.J.S.A. 40A:12-14(c) and N.J.S.A. 40A:12-15 pursuant to the terms and conditions hereinafter set forth, the Mayor and Clerk of the Borough of Waldwick are hereby authorized to execute on behalf of the Borough a Lease Agreement with Waldwick High School Graduation Ball Inc., as lessee, allowing use of The Old DPW Complex located within Lot 16 in Block 132 as shown on the Tax Map of the Borough of Waldwick for purposes of constructing and storing Graduation Ball Materials. Section 3: Consideration for Lease. The consideration for the lease hereby authorized shall be the construction and storage of Graduation Ball materials, a place of meeting for the Waldwick High School Graduation Ball Inc. and any other related activities as might normally be conducted by Waldwick High School Graduation Ball Inc. in preparation for the Graduation Ball. Section 4: Public Purpose. The Waldwick High School Graduation Ball Inc. agrees to prepare, organize and operate a Waldwick High School Graduation Ball for the benefit of the graduating seniors of the Borough of Waldwick High School. Section 5: Term; Renewal; Termination. The term of the Lease between the Borough of Waldwick and Waldwick High School Graduation Ball Inc. shall expire on June 30, 2024. Section 6: Annual Report. In June of each year during which the Lease Agreement is in effect, Waldwick High School Graduation Ball Inc. shall submit to the Mayor and Council of the Borough of Waldwick a written report setting out the use to which the leasehold was put during the year, and the activities of Waldwick High School Graduation Ball Inc. undertaken in furtherance of the public purpose for which the lease was granted. The report shall also contain an affirmation of the continued tax-exempt status of the Waldwick High School Graduation Ball Inc. as a non-profit corporation pursuant to both state and federal law. It is understood and agreed that, by the execution of the within lease, all prior leases of all or part of the leased premises heretofore entered into by the parties including but not limited to the leases dated March 26, 1991 and March 23, 2004 shall cease and be of no further force or effect. Section 7: Enforcement of Conditions. The Borough Council of Waldwick shall be responsible for enforcement on behalf of the Borough of the conditions of the agreement executed pursuant hereto.