Council Meeting

REGULAR MEETING AGENDA 1 AGENDA FOR THE REGULAR MEETING OF THE MAYOR & COUNCIL OF THE BOROUGH OF WALDWICK TUESDAY, OCTOBER 10, 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 a. National Breast Cancer Awareness Month Proclamation 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 2023-298 Approval of Consent Agenda 2023-299 Approval of Minutes - Regular Meeting, September 26, 2023 Policy Votes a. Golden Club requests to utilize their unused budgeted funds of approximately $1,210.00 to help offset their Christmas Party REGULAR MEETING AGENDA 2 2023-300 Award Fair and Open Contract to Route 23 Automall for 2024 Ford F-550 Utility Truck, $73,160.00 2023-301 Refund of Security Deposit for Terminated Cell Tower Lease 2023-302 Authorizing Execution of Homeowner Program Agreement for Waldwick Home Improvement Program with Eric and Caitlin Rubinstein for the Property Located at 27 Douglass Street 2023-303 Support Submission of Application for New Jersey Department of Transportation Safe Routes to School Program 2023-304 Resolution of the Borough Council of the Borough of Waldwick, in the County of Bergen, New Jersey, Covenanting to Comply with the Provisions of the Internal Revenue Code of 1986, as Amended, Applicable to the Exclusion from Gross Income for Federal Income Tax Purposes of Interest on Obligations Issued by the Borough of Waldwick, Authorizing the Mayor, Municipal Clerk, Chief Financial Officer and Other Borough Officials to Take Such Action as they May Deem Necessary or Advisable to Effect Such Compliance and Designating a $6,114,000 Bond Anticipation Note, Dated October 10, 2023 and Payable October 10, 2024, as a "Qualified Tax-Exempt Obligation" Pursuant to Section 265(B)(3) of the Internal Revenue Code of 1986, as Amended 2023-305 Authorize Amendment to Autocab License - DJ Limo LLC 2023-306 Authorize Release of Dumpster Escrow - 17 Waldwick Avenue 2023-307 Authorize Waiver of Permit Fees for Borough of Waldwick for the Annual Christmas Tree Lighting Ceremony 2023-308 Payment of Vouchers IX. PUBLIC HEARING & ADOPTION OF ORDINANCE(S) X. INTRODUCTION OF ORDINANCE(S) 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  Borough of Waldwick Proclamation WHEREAS, October 2023 is National Breast Cancer Awareness Month; and WHEREAS, October 18, 2023 is National Mammography Day; and WHEREAS, for women in the United States breast cancer death rates are higher than those for any other cancer, besides lung cancer; and WHEREAS, about 1 in 8 (13%) of women in the United States will develop invasive breast cancer over the course of her lifetime; and WHEREAS, it is estimated that 297,290 new cases of invasive breast cancer are expected to be diagnosed in women in the United States; and WHEREAS, about 44,000 women in the United States are expected to die in 2023 from breast cancer, women under 50 have experienced larger decreases which are thought to be the result of treatment advances, earlier detection through screening, and increased awareness; and WHEREAS, a women’s risk of breast cancer approximately doubles if she has a first-degree relative (mother, sister, daughter) who has been diagnosed with breast cancer. Less than 15% of women who get breast cancer have a family member diagnosed with it; and WHEREAS, a mammography is the best available method of detecting breast changes that may be cancerous, and that breast cancer deaths could decline further if all women age 40 and older received mammograms at regular intervals; NOW, THEREFORE, BE IT PROCLAIMED that I, Thomas A. Giordano, Mayor of the Borough of Waldwick hereby proclaims the month of October 2023 as NATIONAL BREAST CANCER AWARENESS MONTH and Wednesday, October 18, 2023 as National Mammography Day in the Borough of Waldwick. IN WITNESS WHEREOF, I hereunto set my hand and cause the Official Seal of the Borough of Waldwick, New Jersey to be affixed this 10th day of October in the year 2023. _______________________________________ THOMAS A. GIORDANO, MAYOR  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2023-298 (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: 2023-298 Approval of Consent Agenda 2023-299 Approval of Minutes - Regular Meeting, September 26, 2023 Policy Votes a. Golden Club requests to utilize their unused budgeted funds of approximately $1,210.00 to help offset their Christmas Party 2023-300 Award Fair and Open Contract to Route 23 Automall for 2024 Ford F-550 Utility Truck, $73,160.00 2023-301 Refund of Security Deposit for Terminated Cell Tower Lease 2023-302 Authorizing Execution of Homeowner Program Agreement for Waldwick Home Improvement Program with Eric and Caitlin Rubinstein for the Property Located at 27 Douglass Street 2023-303 Support Submission of Application for New Jersey Department of Transportation Safe Routes to School Program 2023-304 Resolution of the Borough Council of the Borough of Waldwick, in the County of Bergen, New Jersey, Covenanting to Comply with the Provisions of the Internal Revenue Code of 1986, as Amended, Applicable to the Exclusion from Gross Income for Federal Income Tax Purposes of Interest on Obligations Issued by the Borough of Waldwick, Authorizing the Mayor, Municipal Clerk, Chief Financial Officer and Other Borough Officials to Take Such Action as they May Deem Necessary or Advisable to Effect Such Compliance and Designating a $6,114,000 Bond Anticipation Note, Dated October 10, 2023 and Payable October 10, 2024, as a "Qualified Tax- Exempt Obligation" Pursuant to Section 265(B)(3) of the Internal Revenue Code of 1986, as Amended 2023-305 Authorize Amendment to Autocab License - DJ Limo LLC 2023-306 Authorize Release of Dumpster Escrow - 17 Waldwick Avenue 2023-307 Authorize Waiver of Permit Fees for Borough of Waldwick for the Annual Christmas Tree Lighting Ceremony 2023-308 Payment of Vouchers  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2023-298 (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 October 10, 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. 2023-299 Approval of Minutes - Regular Meeting, September 26, 2023 BE IT RESOLVED that the Mayor and Council of the Borough of Waldwick hereby approve the following Minutes: Regular Meeting, September 26, 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 October 10, 2023. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2023-300 (Page 1 of 2) Award Fair and Open Contract to Route 23 Automall for 2024 Ford F-550 Utility Truck, $73,160.00 WHEREAS, the Water Department is in need of a new utility truck; 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 approved under the State of New Jersey Cooperative Purchasing Program for any State contracts entered into on behalf of the State by the Division of Purchase and Property in the Department of the Treasury; and, WHEREAS, Route 23 Automall has submitted the attached quote in the amounts of $73,160.00; and, WHEREAS, all equipment being procured is on NJ State Contract 17-FLEET-00241; and, WHEREAS, the contracts were awarded through a fair and open process, pursuant to N.J.S.A. 19:44A-20.4 et seq.; and, WHEREAS, Colleen Ennis, Chief Financial Officer, has certified that $73,160.00 is available in the following appropriation: W-06-23-596-400, 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; and, NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Borough of Waldwick authorizes the purchase of a Ford F-550 Utility Truck from Route 23 Automall, 1301 Route 23, Butler, NJ 07405 at a cost of $73,160.00.  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2023-300 (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 October 10, 2023. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2023-301 Refund of Security Deposit for Terminated Cell Tower Lease WHEREAS, T-Mobile terminated its cell tower lease at 18 Wyckoff Ave effective July 31, 2023; and, WHEREAS, per the term of the contract T-Mobile had paid a security deposit equal to one year’s rent, which at the time of termination totaled $57,000.00; and, WHEREAS, CFO Colleen Ennis has confirmed that the Borough is in possession of the $57,000.00 security deposit. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Borough of Waldwick authorizes the refund of the $57,000.00 security deposit for the lease between T-Mobile and the Borough of Waldwick at 18 Wyckoff Ave: and, BE IT FURTHER RESOLVED that the payment shall be issued to T-Mobile USA, LLC, ATTN: Jaclyn Howard- Property Management, 12920 SE 38th Street, Bellevue, WA 98006. 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 October 10, 2023. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2023-302 (Page 1 of 2) Authorizing Execu�on of Homeowner Program Agreement for Waldwick Home Improvement Program with Eric and Caitlin Rubinstein for the Property Located at 27 Douglass Street WHEREAS, the Borough of Waldwick (“Borough”) has established a Home Improvement Program (“HIP”) to assist proper�es that are occupied by very low, low and moderate-income households within the Borough; and, WHEREAS, the HIP was developed and designed to assist the Borough in fulfilling the Borough’s rehabilita�on obliga�on under the Borough Housing Element and Fair Share Plan and was done in consulta�on and with the approval of the Fair Share Housing Center of New Jersey; and, WHEREAS, the Borough has hired Community, Grants, Planning & Housing (“CGP&H) to formulate the policies, procedures, qualifica�ons, as well as to run and administer the HIP; and, WHEREAS, CGP&H has created a Policies and Procedures Manual that the Borough has adopted which governs the rules and Regula�ons of the program; and, WHEREAS, CGP&H has received an applica�on under the HIP and has reviewed the applica�on and qualifica�ons of the Applicant and has cer�fied that they are eligible and meet all the guidelines under the HIP. NOW THEREFORE BE IT RESOLVED, by the Governing Body of the Borough of Waldwick, that upon the recommenda�on of CGP&H, Eric and Caitlin Rubinstein with a property located at 27 Douglass Street, Waldwick, NJ 07463 meets all the requirements and qualifica�ons for a Home Improvement Program construc�on loan from the Borough of Waldwick; and, BE IT FURTHER RESOLVED, that the Mayor, Borough Administrator and Borough Clerk are hereby authorized to execute the Homeowner Program Agreement prepared by CGP&H as well as any and all other documents necessary to facilitate such agreement and close the construc�on loan; and, BE IT FURTHER RESOLVED, that a copy of this Resolu�on shall be forwarded to CGP&H as well as the homeowner for their records.  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2023-302 (Page 2 of 2) Approved: ________________________________ Thomas A. Giordano, Mayor I hereby cer�fy that the above Resolu�on was adopted by the Mayor and Council of the Borough of Waldwick at its Regular Mee�ng of October 10, 2023. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2023-303 Support Submission of Application for New Jersey Department of Transportation Safe Routes to School Program WHEREAS, the Borough of Waldwick is applying for funds to implement traffic safety and traffic calming measures, including but not limited to speed feedback signs, stop signs, and crosswalk striping; and, WHEREAS, the project will help to continue and improve the promotion and encouragement of pedestrian and bicycle access and safety for school children and residents; and, WHEREAS, the maintenance of the facility, once constructed, will be assumed by the Borough of Waldwick with the exception of (1) local ordinances that places maintenance responsibility with each individual property owner, and (2) those crosswalks on State or County roadways; NOW, THEREFORE BE IT FURTHER RESOLVED, by the Mayor and Council of the Borough of Waldwick that it hereby supports the submission of a grant application for the Safe Routes to School Program within the State of New jersey Department of Transpiration and authorizes the Mayor, Borough Administrator, and the Municipal Clerk to execute any and all documents necessary and related to the submission of said grant application or grant agreement. 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 October 10, 2023. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2023-304 RESOLUTION OF THE BOROUGH COUNCIL OF THE BOROUGH OF WALDWICK, IN THE COUNTY OF BERGEN, NEW JERSEY, COVENANTING TO COMPLY WITH THE PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, APPLICABLE TO THE EXCLUSION FROM GROSS INCOME FOR FEDERAL INCOME TAX PURPOSES OF INTEREST ON OBLIGATIONS ISSUED BY THE BOROUGH OF WALDWICK, AUTHORIZING THE MAYOR, MUNICIPAL CLERK, CHIEF FINANCIAL OFFICER AND OTHER BOROUGH OFFICIALS TO TAKE SUCH ACTION AS THEY MAY DEEM NECESSARY OR ADVISABLE TO EFFECT SUCH COMPLIANCE AND DESIGNATING A $6,114,000 BOND ANTICIPATION NOTE, DATED OCTOBER 10, 2023 AND PAYABLE OCTOBER 10, 2024, AS A "QUALIFIED TAX-EXEMPT OBLIGATION" PURSUANT TO SECTION 265(b)(3) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED. ------------------------------------ WHEREAS, the Borough of Waldwick, in the County of Bergen, New Jersey (the "Borough"), from time to time issues bonds, notes and other obligations, the interest on which is excluded from gross income for Federal income tax purposes, and desires to take such action as may be necessary or advisable to establish and maintain such exclusion; and WHEREAS, the Internal Revenue Code of 1986, as amended (the "Code"), contains provisions with respect to the exclusion from gross income for Federal income tax purposes of interest on obligations, including provisions, among others, that require issuers of tax-exempt obligations, such as the Borough, to account for and rebate certain arbitrage earnings to the United States Treasury and to take such other action to establish and maintain such Federal tax exclusion; and WHEREAS, the Borough intends to issue a $6,114,000 Bond Anticipation Note, dated October 10, 2023 and payable October 10, 2024 (the "Note"); and WHEREAS, the Borough desires to designate the Note as a "qualified tax-exempt obligation" pursuant to Section 265(b)(3) of the Code; NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Waldwick, in the County of Bergen, New Jersey, as follows: SECTION 1. The Borough Council hereby covenants on behalf of the Borough, to the extent permitted by the Constitution and the laws of the State of New Jersey, to do and perform all acts and things permitted by law and necessary to assure that interest paid on bonds, notes or other obligations of the Borough (including the Note) be and remain excluded from gross income of the owners thereof for Federal income tax purposes pursuant to Section 103 of the Code. SECTION 2. The Mayor, Municipal Clerk, Chief Financial Officer and other officials of the Borough are hereby authorized and directed to take such action, make such representations and -2- give such assurances as they may deem necessary or advisable to effect compliance with the Code. SECTION 3. The Note is hereby designated as a "qualified tax-exempt obligation" for the purpose of Section 265(b)(3) of the Code. SECTION 4. It is hereby determined and stated that (1) the Note is not a "private activity bond" as defined in the Code and (2) the Borough and its subordinate entities, if any, do not reasonably anticipate issuing in excess of $10 million of new money tax-exempt obligations (other than private activity bonds) during the calendar year 2023. SECTION 5. It is further determined and stated that the Borough has not, as of the date hereof, issued any tax-exempt obligations (other than the Note) during the calendar year 2023. SECTION 6. The Borough will, to the best of its ability, attempt to comply with respect to the limitations on issuance of tax-exempt obligations pursuant to Section 265(b)(3) of the Code; however, the Borough does not covenant to do so, and hereby expressly states that a covenant is not made hereby. SECTION 7. The issuing officers of the Borough are hereby authorized to deliver a certified copy of this resolution to the original purchaser of the Note and to further provide such original purchaser with a certificate of obligations issued -3- during the calendar year 2023 dated as of the date of delivery of the Note. SECTION 8. This resolution shall take effect immediately upon its adoption. The foregoing resolution was adopted by the following roll call vote: AYES: NAYS: [SEAL] ATTEST:___________________________ Municipal Clerk -4-  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2023-305 Authorize Amendment to Autocab License - DJ Limo LLC WHEREAS, the Mayor and Council of the Borough of Waldwick are in receipt of Autocab License Amendment from DJ Limo LLC the owner of Donald J. Doraski 106 Lilyan Street 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 License from Donald J. Doraski the owner of DJ Limo LLC, 106 Lilyan Street in the Borough of Waldwick be granted. Company Name: DJ Limo LLC Owner: Donald J. Doraski Approved Amended Vehicle: 2015 Lincoln Navigator VIN: 5LMJJ3JT6FEJ09529 Approved: ________________________________ Thomas A. Giordano, Mayor I hereby cer�fy that the above Resolu�on was adopted by the Mayor and Council of the Borough of Waldwick at its Regular Mee�ng of October 10, 2023. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2023-306 Authorize Release of Dumpster Escrow - 17 Waldwick Avenue WHEREAS, escrow has been posted in accordance with Chapter 82 of the Code of the Borough of Waldwick to allow dumpsters on the street; and, WHEREAS, the proper fees have been collected in accordance with said ordinance for the placement of said dumpster; and, WHEREAS, the dumpster has been removed and the site has been inspected by the Superintendent of Public Works; and, WHEREAS, the Superintendent of Public Works has cer�fied that there has been no damage done by placement of said dumpster. NOW, THEREFORE, BE IT RESOLVED that the Collector/Treasurer is hereby authorized and directed to release the escrow of $400.00 to Edwin Melendez, 17 Waldwick Avenue, Waldwick, NJ 07463. Approved: ________________________________ Thomas A. Giordano, Mayor I hereby cer�fy that the above Resolu�on was adopted by the Mayor and Council of the Borough of Waldwick at its Regular Mee�ng of October 10, 2023. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2023-307 Authorize Waiver of Permit Fee for Borough of Waldwick for the Annual Christmas Tree Ligh�ng WHEREAS, under Chapter 11 of the Code of the Borough of Waldwick, the Mayor and Council at any Regular Mee�ng has the right to waive certain fees; and, WHEREAS, the Borough of Waldwick is hos�ng the Annual Christmas Tree Ligh�ng on Friday, December 1, 2023 at 7:00 pm in Borough Park and will be serving hot chocolate and donuts requiring a temporary health department license; and, WHEREAS, the Borough of Waldwick is reques�ng the waiver of all 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 cer�fy that the above Resolu�on was adopted by the Mayor and Council of the Borough of Waldwick at its Regular Mee�ng of October 10, 2023. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2023-308 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 October 10, 2023. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk