Council Meeting

REGULAR MEETING AGENDA 1 AGENDA FOR THE REGULAR MEETING OF THE MAYOR & COUNCIL OF THE BOROUGH OF WALDWICK TUESDAY, MAY 7, 2024 AT 7:30 PM IN THE ADMINISTRATION BUILDING COUNCIL CHAMBERS 63 FRANKLIN TURNPIKE, WALDWICK To view meeting live - 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 ____, Mr. Brennecke ____, Ms. Cericola ____, Mr. Martinello ____, Mr. Ramundo ____, Mr. Ritchie ____, Mrs. Weber ____. Also present: Borough Administrator Steven J. Neale, Grants Administrator Matthew Guilder, Borough Clerk Kelley Halewicz and Katy Fina for 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. Ritchie c. Fire & Police Protection Committee - Mr. Brennecke d. Public Safety Committee - Ms. Cericola e. Recreational & Health Committee - Mr. Martinello f. Public Works Committee - Mr. Ramundo g. Buildings & Grounds Committee - Mrs. Weber VII. DEPARTMENT HEAD REPORTS REGULAR MEETING AGENDA 2 VIII. CONSENT AGENDA RESOLUTIONS 2024-139 Approval of Consent Agenda 2024-140 Approval of Minutes - Regular Meeting April 23, 2024 Policy Votes a. Nadia Sernatinger requests to use Pavilion B on June 15 from 11:00 am to dusk with alcoholic beverages being served b. Charlotte Schoendorf requests to use Pavilion A on June 22 from 1:00 pm – 6:00 pm with alcoholic beverages being served c. Nadia Sernatinger requests to use Pavilion B on July 14 from 11:00 am to dusk with alcoholic beverages being served d. Melissa Agugliaro requests to hold a Block Party on May 26, 2024 from 4:00 – 9:00 pm with Highwood Avenue to be closed between Cortlandt Street and Summit Avenue with alcoholic beverages being served e. Waldwick Girl Scouts request to hold a Pool Party on June 14 from 3:00 pm – 5:00 pm and request lifeguards f. Appointment of James Schultz as a Senior Member of the Waldwick Fire Department 2024-141 Award of Fair and Open Contract to D&L Paving Contractors for 2024 Road Rehabilitation Project, $474,031.33 2024-142 Award Fair and Open Contract to Foley, Inc., for Hydraulic Excavator, $118,467.23 2024-143 Award Fair and Open Contract to Route 23 Automall for 2024 Ford F-350 Truck, $71,320.00 2024-144 Award a Non-Fair and Open Professional Services Contract to Lerch, Vinci & Bliss, LLP to Perform Financial Advisory Services for the Borough of Waldwick in an Amount Not to Exceed $20,000 2024-145 Award a Non-Fair and Open Professional Services Contract to Boswell Engineering for Improvements to Harrison Avenue, Task II, Construction Inspection & Project Closeout, $13,500.00 2024-146 Authorize Shared Services Agreement with Bergen County for Snow Plowing/Salting of County Roadways within the Borough for 2024-2026 2024-147 Authorize BCUA Solid Waste Cooperative Marketing Program Agreement for Solid Waste Disposal 2024-148 Award Contract with DVC, LLC for Concessions Operations at the Waldwick Municipal Pool 2024-149 Approval of Chapter 159 - Local Fiscal Recovery Fund-American Rescue Plan Act, $1,057,989.74 2024-150 Authorize Amendment to Resolution 2024-13 to Change Council Regular Meeting Date in June from June 18, 2024 to June 11, 2024 2024-151 Approval of Raffle License 2024-03 for Warriors Futbol Club 2024-152 Authorize Release of Road Opening Escrow, Block 129/Lot 17 2024-153 Authorize Release of Cash Maintenance Bond and Escrow Balances-D&R Waldwick, LLC 2024-154 Tax Overpayments - B119/L3.02 2024-155 Redemption of Tax Title Lien #23-00634 2024-156 Payment of Vouchers REGULAR MEETING AGENDA 3 IX. PUBLIC HEARING & ADOPTION OF ORDINANCE(S) a. Ordinance No. 2024-#17 - AN ORDINANCE AMENDING CHAPTER 48 – FEES, SECTION 82-4(A) - DUMPSTER/CONTAINER PERMIT ESCROW REQUIRED AND 82-8 DUMPSTER/CONTAINER PERMIT FEE OF THE REVISED ORDINANCES OF THE BOROUGH OF WALDWICK b. Ordinance No. 2024-#18 - AN ORDINANCE AMENDING CHAPTER 82 – STREET AND SIDEWALK USES OF THE REVISED ORDINANCES OF THE BOROUGH OF WALDWICK IN ITS ENTIRETY X. INTRODUCTION OF ORDINANCE(S) a. Ordinance No. 2024-#19 - AN ORDINANCE TO REPEAL AND REPLACE CHAPTER 84 “STREET EXCAVATIONS” XI. UNFINISHED BUSINESS XII. NEW BUSINESS a. Parking in Borough Park Neighborhood 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 ***NEXT MEETING IS TUESDAY, MAY 21, 2024, 7:30 PM, REGULAR MEETING***  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2024-139 (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: 2024-139 Approval of Consent Agenda 2024-140 Approval of Minutes - Regular Meeting April 23, 2024 Policy Votes a. Nadia Sernatinger requests to use Pavilion B on June 15 from 11:00 am to dusk with alcoholic beverages being served b. Charlotte Schoendorf requests to use Pavilion A on June 22 from 1:00 pm – 6:00 pm with alcoholic beverages being served c. Nadia Sernatinger requests to use Pavilion B on July 14 from 11:00 am to dusk with alcoholic beverages being served d. Melissa Agugliaro requests to hold a Block Party on May 26, 2024 from 4:00 – 9:00 pm with Highwood Avenue to be closed between Cortlandt Street and Summit Avenue with alcoholic beverages being served e. Waldwick Girl Scouts request to hold a Pool Party on June 14 from 3:00 pm – 5:00 pm and request lifeguards f. Appointment of James Schultz as a Senior Member of the Waldwick Fire Department 2024-141 Award of Fair and Open Contract to D&L Paving Contractors for 2024 Road Rehabilitation Project, $474,031.33 2024-142 Award Fair and Open Contract to Foley, Inc., for Hydraulic Excavator, $118,467.23 2024-143 Award Fair and Open Contract to Route 23 Automall for 2024 Ford F-350 Truck, $71,320.00 2024-144 Award a Non-Fair and Open Professional Services Contract to Lerch, Vinci & Bliss, LLP to Perform Financial Advisory Services for the Borough of Waldwick in an Amount Not to Exceed $20,000 2024-145 Award a Non-Fair and Open Professional Services Contract to Boswell Engineering for Improvements to Harrison Avenue, Task II, Construction Inspection & Project Closeout, $13,500.00 2024-146 Authorize Shared Services Agreement with Bergen County for Snow Plowing/Salting of County Roadways within the Borough for 2024-2026 2024-147 Authorize BCUA Solid Waste Cooperative Marketing Program Agreement for Solid Waste Disposal 2024-148 Award Contract with DVC, LLC for Concessions Operations at the Waldwick Municipal Pool 2024-149 Approval of Chapter 159 - Local Fiscal Recovery Fund-American Rescue Plan Act, $1,057,989.74 2024-150 Authorize Amendment to Resolution 2024-13 to Change Council Regular Meeting Date in June from June 18, 2024 to June 11, 2024 2024-151 Approval of Raffle License 2024-03 for Warriors Futbol Club 2024-152 Authorize Release of Road Opening Escrow, Block 129/Lot 17 2024-153 Authorize Release of Cash Maintenance Bond and Escrow Balances-D&R Waldwick, LLC 2024-154 Tax Overpayments - B119/L3.02  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2024-139 (Page 2 of 2) 2024-155 Redemption of Tax Title Lien #23-00634 2024-156 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 May 7, 2024. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk Council Member Motion Second Ayes Nays Abstain Absent Brennecke Cericola Martinello Ramundo Ritchie Weber Mayor Giordano  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2024-140 Approval of Minutes - Regular Meeting, April 23, 2024 BE IT RESOLVED that the Mayor and Council of the Borough of Waldwick hereby approve the following Minutes: Regular Meeting April 23, 2024 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 May 7, 2024. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2024-141 (Page 1 of 2) Award of Fair and Open Contract to D&L Paving Contractors for 2024 Road Rehabilitation Project, $474,031.33 WHEREAS, the Borough of Waldwick is a member of the Northwest Bergen County Shared Services Consortium; and, WHEREAS, the Consortium has publicly bid for repaving of various roads in member municipalities and the contract meets the fair and open requirements of pay to play; and, WHEREAS, the low bidder was D&L Paving Contractors, 675 Nutley, NJ 07110 and the Borough of Ramsey, the lead agency awarded the contract; and, WHEREAS, member municipalities must pass resolutions concurring to this award and authorize individual contracts to be signed by the member municipalities with D&L Paving Contractors; and, WHEREAS, the Borough of Waldwick estimates costs to be $474,031.33 under this contract based upon the following unit pricing and anticipated quantities: WALDWICK Unit Description Estimated Total Quantity FBAC I-5/HMA 12.5 Tons M64 4,347 $361,626.93 SY Milling 0-3" 27,925 $108,907.50 LS Asphalt Price Adjust $3,496.90 Total Bid: $474,031.33 WHEREAS, Colleen Ennis, Chief Financial Officer, has certified that $474,031.33 is available in the following appropriations: $138,846.97 - 2303-00922; $49,617.09 - G-04-23-485-210; $285,567.27 – G-04-24-488- 350, 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.  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2024-141 (Page 2 of 2) NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Waldwick that the bid of D&L Paving Contractors secured by the Northwest Bergen County Shared Services Consortium is hereby accepted and the Mayor and Borough Clerk are hereby authorized to execute a contract with D&L Paving Contractors for the resurfacing of various streets in the Borough of Waldwick as approved by the resolution of award by the Mayor and Council of the Borough of Ramsey. 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 May 7, 2024. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2024-142 Award Fair and Open Contract to Foley, Inc., for Hydraulic Excavator, $118,467.23 WHEREAS, the Department of Public Works is in need of a Hydraulic Excavator; and, WHEREAS, the Borough solicited the attached quote dated April 19, 2024 from Foley, Inc., for new hydraulic excavator in the amount of $118,467.23; 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 purchasing cooperative; and, WHEREAS, the vehicle was publicly bid as part of the ESCNJ Co-Op 22/23-12, 65MCESCCPS, of which the Borough is a member; 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 $118,467.23 is available in the following appropriations: $57,500 – W-06-24-598-200; $57,500 – G-04-24-488-600; $3,467.23 – 4-05-55-501-053, 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, by the Mayor and Council of the Borough of Waldwick authorizes the purchase of a Hydraulic Excavator from Foley, Inc., 855 Centennial Avenue, P.O. Box 1555, Piscataway, NJ 08855 in the amount of $118,467.23. 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 May 7, 2024. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2024-143 Award Fair and Open Contract to Route 23 Automall for 2024 Ford F-350 Truck, $71,320.00 WHEREAS, the Water Department is in need of a new utility truck; and, WHEREAS, Route 23 Automall has submitted the attached quote dated November 11, 2023 in the amount of $71,320.00; 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 purchasing cooperative; and, WHEREAS, all equipment being procured is on NJ State Contract T-2959 Contract 40231; 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 $71,320.00 is available in the following appropriation: W-06-24-598-300, 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-350 Truck from Route 23 Automall, 1301 Route 23, Butler, NJ 07405 at a cost of $71,320.00. 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 May 7, 2024. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2024-144 (Page 1 of 2) Award a Non-Fair and Open Professional Services Contract to Lerch, Vinci & Bliss, LLP to Perform Financial Advisory Services for the Borough of Waldwick in an Amount Not to Exceed $20,000 WHEREAS, there exists a need for financial advisory services to be rendered to the Borough of Waldwick in connection with a water rate study; and, WHEREAS, the Borough wishes to retain Lerch, Vinci & Bliss, LLP to perform such services; and, WHEREAS, the maximum amount for services under this contract shall not exceed a total of $20,000; and, WHEREAS, funds are available for this purpose; and, WHEREAS, the Local Public Contracts Law (N.J.S.A. §40A:11-1 et seq.) requires that the Resolution authorizing the award of contracts for "Professional Services" without competitive bids and the contract itself be available for public inspection. NOW, THEREFORE, BE IT RESOLVED by the Municipal Council of the Borough of Waldwick, County of Bergen, State of New Jersey, as follows: Section 1. The contract with Lerch, Vinci & Bliss, LLP is awarded without competitive bidding as a "Professional Service" in accordance with N.J.S.A. §40A:11-5(1)(a) of the Local Public Contracts Law because the contract is for a service performed by a person(s) authorized by law to practice a recognized profession that is regulated by law. Section 2. Lerch, Vinci & Bliss, LLP shall provide financial advisory services to the Borough as set forth in its proposal of January 30, 2024. Section 3. A notice of this action shall be printed once in the legal newspaper of the Borough of Waldwick as required by law. Section 4. A copy of this Resolution shall be provided to the Chief Financial Officer, and to Lerch, Vinci & Bliss, LLP, 17-17 Route 208, Fair Lawn, New Jersey 07410, for their information and guidance. Section 5. The accounts to be used for these services are as follows: 4-05-55-501-028, Water Operating, Professional Fees, $20,000 BE IT FURTHER RESOLVED that this Resolution shall take effect immediately.  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2024-144 (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 May 7, 2024. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2024-145 (Page 1 of 2) Award Non-Fair and Open Professional Services Contract to Boswell Engineering for Improvements to Harrison Avenue, Task II, Construc�on Inspec�on and Project Close Out, $13,500.00 WHEREAS, the Borough requires construc�on inspec�on and project closeout of improvements to Harrison Avenue between West Prospect Street and Wyckoff Avenue; and, WHEREAS, the Borough has been awarded 2023 Community Development Block Grants (CDBG) from Bergen County in the amount of $100,834.00 for Harrison Avenue; and, WHEREAS, Boswell Engineering submited the atached proposal for Task II - Construc�on Inspec�on and Project Close Out, dated September 5, 2023 in the amount of Task II - $13,500.00; and, WHEREAS, the New Jersey Local Public Contracts Law authorizes the award of contract for "Professional Services" without compe��ve 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 submited a Business En�ty Disclosure Cer�fica�on which cer�fies Boswell Engineering has not made any reportable contribu�ons to a poli�cal or candidate commitee in the Borough of Waldwick in the previous one year, and that the contract will prohibit Boswell Engineering from making any reportable contribu�ons through the term of the contract; and, WHEREAS, Chief Financial Officer, has cer�fied that $13,500.00 is available in the following appropria�on: G-04-24-488-102, and has further cer�fied that this commitment together with all previously made commitments and payments does not exceed the funds available in said appropria�on; and has further cer�fied that the funds available in the said appropria�on are intended for the purpose herein commited. 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 the Improvements to Harrison Avenue, Task II, Construc�on Inspec�on and Project Close Out in the amount of $13,500.00.  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2024-145 (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 May 7, 2024. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2024-146 Authorize Shared Services Agreement with Bergen County for Snow Plowing/Sal�ng of County Roadways within the Borough for 2024-2026 WHEREAS, the Board of Chosen Freeholder of the County of Bergen is desirous of employing the services of the municipality for snow plow opera�ons and sal�ng on certain County roads within each municipality in the county; and, WHEREAS, the Borough of Waldwick agrees that it will furnish the necessary equipment and personnel required to perform snow plowing opera�ons on County roads located within the municipality for the two winter seasons commencing October 1, 2024 and ending April 30, 2026 as set forth in a Shared Services Agreement; and, WHEREAS, the County will compensate the Borough of Waldwick for conduc�ng said snow plow opera�ons at a rate of one hundred and fi�een dollars ($115.00) per hour of ac�ve plowing. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Waldwick hereby authorize the appropriate Borough officials execute the atached Shared Service Agreement with Bergen County for the Borough to provide snowplowing/sal�ng services on County roadways for two snow seasons commencing October 1, 2024 and ending April 30, 2026 at a rate of $115.00 per hour of ac�ve plowing. 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 May 7, 2024. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2024-147 Authorize BCUA Solid Waste Coopera�ve Marke�ng Program Agreement for Solid Waste Disposal WHEREAS, the Bergen County U�li�es Authority (BCUA) Solid Waste Coopera�ve Marke�ng Program Agreement for Solid Waste Disposal terminates on May 31, 2024; and, WHEREAS, the BCUA awarded a contract to Waste Management of New Jersey (Waste Management) for solid waste processing and disposal services on March 28, 2024; and, WHEREAS the contract runs from June 1, 2024 through May 31, 2026 with the per ton cost for the Program of $92.24 per ton for all two years inclusive of the $3.00 per ton recycling tax, with Waste Management transfer sta�on facility, Fairview Transfer Sta�on, 61 Broad Street, Fairview, NJ, available as part of the Program. NOW, THEREFORE, BE IT RESOLVED that the Municipal Council of the Borough of Waldwick hereby authorize par�cipa�on in the BCUA Solid Waste Coopera�ve Marke�ng Program and the execu�on of the BCUA Solid Waste Service Agreement by the appropriate Borough officials. 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 May 7, 2024. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2024-148 Award Contract with DVC, LLC for Concessions Operations at the Waldwick Municipal Pool WHEREAS, the Borough advertised an RFP for Competitive Contracting Concession Operations at the Waldwick Municipal Pool in accordance with N.J.S.A. 40A:11-4.1 competitive contracting process, and received one proposal; and, WHEREAS, one proposal was received from DVC, LLC and the proposal was evaluated based on criteria that included technical, management, and cost; and, WHEREAS, the Evaluation Committee determined that the proposal from DVC, LLC fulfills all of the requirements of the RFP; and, WHEREAS, the Administration recommends awarding a contract to DVC, LLC pursuant to the RFP specifications for the 2024 Pool season with the option of extending the license up to two (2) consecutive, one (1) year extensions. The Borough retains the right to terminate the contract at the end of each season; and, WHEREAS, the Borough will receive a security deposit payment of $500 and license payment of $1,500 prior to the start of each pool season. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Waldwick, that a contract is awarded to DVC, LLC in accordance with N.J.S.A. 40A:11-4.1 at no cost to the Borough, for concessions at the Waldwick Municipal Pool for the 2024 pool season; subject to the following: 1. The award of this contract is subject to finalization of the contract terms. 2. Any contract amendments or change orders, which may become necessary shall be subject to the Borough’s ability to appropriate sufficient funds, which appropriation shall be at the sole discretion of the Mayor and Council. 3. The Mayor and Council hereby authorizes the Borough Administrator, to execute any and all documents and take any and all actions necessary to complete and realize the intent and purpose of this resolution. 4. The Mayor, or his designee is hereby authorized to execute an agreement as outlined in 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 May 7, 2024. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION 2024-149 (Page 1 of 2) Approval of Chapter 159 - Local Fiscal Recovery Fund-American Rescue Plan Act, $1,057,989.74 WHEREAS, N.J.S.A. 40A:4-87 provides that the Director of Local Government Services may approve the insertion of any Special Item of Revenue in the budget of any County or Municipality when such item shall have been available by law and the amount thereof was not determined at the time of the adoption of the budget; and, WHEREAS, said Director may also approve the insertion of any item of appropriation for equal amounts; and, WHEREAS, the Borough of Waldwick has a received $1,057,989.74 grant from the State of New Jersey, Local Fiscal Recovery Fund – American Rescue Plan Act (ARPA) and wishes to amend its CY2024 Municipal Budget to include this amount as a revenue. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Borough of Waldwick in the County of Bergen hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the 2024 budget in the sum of $1,057,989.74 which is now available as a revenue from: Miscellaneous Revenues – Section F: Special Items of General Revenue Anticipated with Prior Consent of Director of Local Government Services – Public and Private Revenues Offset with Appropriations: Local Fiscal Recovery Fund-ARPA BE IT FURTHER RESOLVED that the like sum of $1,057,989.74 hereby be appropriated under the caption of: General Appropriations: (A) Operations Excluded from CAPS Public & Private Revenues Offset by Revenues: Local Fiscal Recovery Fund-ARPA BE IT FURTHER RESOLVED that a copy of this resolution will be electronically filed with the Director for approval as required by law.  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION 2024-149 (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 May 7, 2024. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2024-150 Authorize Amendment to Resolution 2024-13 to Change Council Regular Meeting Date from June 18, 2024 to June 11, 2024 BE IT RESOLVED that the Municipal Council of the Borough of Waldwick hereby amends Resolution 2024- 13 adopted January 6, 2024 to change the Council Regular Meeting in June from June 18 to June 11, 2024; and, BE IT FURTHER RESOLVED that the Municipal Council of the Borough of Waldwick authorizes the Municipal Clerk to advertise notice of same according to law. 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 May 7, 2024. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2024-151 Approve Raffle License 2024-03 for Waldwick Futbol Club BE IT RESOLVED that the Municipal Council of the Borough of Waldwick hereby approve Raffle License 2024-03 off premise merchandise raffle for the Waldwick Futbol Club. 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 May 7, 2024. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2024-152 Authorize Release of Road Opening Escrow, Block 129/Lot 17 WHEREAS, escrow has been posted with the Borough of Waldwick to obtain a road opening permit as per Chapter 84 in Borough Code; and, WHEREAS, the Superintendent of Public Works has certified that the permit holder has completed restoration of the permanent pavement in accordance with the specifications of the Borough of Waldwick. NOW, THEREFORE, BE IT RESOLVED that the Chief Financial Officer is hereby authorized and directed to release the escrow (Project Id #1612-00264) in the amount of $2,100 to the following: D&R Waldwick, LLC 570 Commerce Boulevard Carlstadt, NJ 07072 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 May 7, 2024. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL of the BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2024-153 Authorize Release of Cash Maintenance Bond and Escrow Balances-D&R Waldwick, LLC WHEREAS, D&R Waldwick, LLC has posted a cash maintenance guarantee for a development project located at 41 West Prospect Street (Block 129/Lot 17); and, WHEREAS, said Maintenance Guarantee has expired and Christopher Minks, Esq., representing D&R Waldwick, LLC has requested its release; and, WHEREAS, as defined in N.J.S.A. 40:55D-53 et seq., the Borough Engineer has inspected the work performed and has recommended the Borough of Waldwick Governing Body approve the request for release of the cash maintenance guarantee; and, WHEREAS, the Borough of Waldwick’s Governing Body has reviewed and hereby approves the recommendation of the Borough engineer to release the Cash Maintenance Bond (plus accrued interest) in the amount of $121,871.89. NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Waldwick, in the County of Bergen that the Maintenance Guarantee posted by D&R Waldwick, LLC for Block 129/Lot 17, be released as reflected above. This approval for release is conditioned upon the resolution of any outstanding balances attached to the project escrow accounts; and, BE IT FURTHER RESOLVED that the Borough of Waldwick’s Chief Financial Officer is hereby authorized and directed to release said cash Maintenance Guarantee and the remaining escrow balance (plus accrued interest) of $14,910.61 in escrow project #1406-00097 to: D&R Waldwick, LLC 570 Commerce Boulevard Carlstadt, NJ 07072 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 May 7, 2024. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2024-154 Tax Overpayments - B119/L3.02 WHEREAS, a tax overpayment was made on a certain property. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Borough of Waldwick hereby authorizes and directs the Mayor, Clerk and Chief Financial Officer to refund the amount below from the General Current Fund to the following: Block Lot Qualifier Amount __ __Year 119 3.02 Belmont Title & Settlement $3,365.00 1Q2024 886 Belmont Ave, STE D North Haledon, NJ 07508 Re: 66 Wyckoff Ave Waldwick, NJ 07463 Seller: Magennis, Elizabeth Buyer: Lituma, Angel & Alex W 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 May 7, 2024. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2024-155 Redemption of Tax Title Lien #23-00634 WHEREAS, the Tax Collector has been paid the necessary amount to redeem Tax Sale Certificate #23- 00634, in the amount of $13,557.83; and, WHEREAS, Clemente Enterprises, LLC holds Tax Sale Certificate #23-00634; and, WHEREAS, Tax Sale Certificate #23-00634, for Block 128, Lot 34.01, Qualifier CO1.3 (1-3 Vernon Court) has been declared to be redeemed in full by the Tax Collector of the Borough of Waldwick. NOW, THEREFORE, BE IT RESOLVED that the Chief Financial Officer of the Borough of Waldwick be and is hereby authorized to issue checks in the amount of $13,557.83 from the Current Fund and $9,900.00 from the Premium Trust Account to: Clemente Enterprises, LLC P.O. Box 141 Wyckoff, NJ 07481 BE IT FURTHER RESOLVED that the Tax Collector be and is hereby authorized to cancel said Tax Sale Certificate #23-00634, Block 128, Lot 34.01, Qualifier CO1.3 from the record. 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 May 7, 2024. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2024-156 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 May 7, 2024. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  PUBLIC HEARING OF AN ORDINANCE Date: May 7, 2024 Clerk read the ordinance by title Ordinance No. 2024-#17 - AN ORDINANCE AMENDING CHAPTER 48 – FEES, SECTION 82-4(A) - DUMPSTER/CONTAINER PERMIT ESCROW REQUIRED AND 82-8 DUMPSTER/CONTAINER PERMIT FEE OF THE REVISED ORDINANCES 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: _____ _____ _____ _____ _____ _____ _____ Brennecke Cericola Martinello Ramundo Ritchie Weber Giordano Ordinance No. 2024-#17 AN ORDINANCE AMENDING CHAPTER 48 – FEES, SECTION 82-4(A) - DUMPSTER/CONTAINER PERMIT ESCROW REQUIRED AND 82-8 DUMPSTER/CONTAINER PERMIT FEE OF THE REVISED ORDINANCES OF THE BOROUGH OF WALDWICK BE IT ORDAINED that the Municipal Council of the Borough of Waldwick hereby amends Chapter 48 – Fees, Section 82-4(A) – Dumpster/Container Permit Escrow Required and 82-8 Dumpster/Container Permit Fee of the Revised Ordinances of the Borough of Waldwick as follows: §48:82-4 Dumpster/Container permit escrow required. Prior to the issuance of a permit under Chapter 82, the applicant shall: A. Escrow in the amount of $400 cash or check must be provided to the Borough Clerk at the time of application filing and deposited by the Borough, guaranteeing that any and all such damage resulting to the streets, curbs or sidewalks by reason of the use for which the permit was granted shall be repaired in a manner satisfactory to the Borough. After satisfactory inspection is conducted by Borough personnel, the Municipal Council will consider a resolution refunding the escrow. There shall be no additional escrow collected for the renewal of a permit in the same calendar year. §48:82-8 Dumpster/Container permit fee. The fee for the issuance of each permit including renewals in the same calendar year, shall be $75 payable by the Applicant upon the issuance of the permit.  PUBLIC HEARING OF AN ORDINANCE Date: May 7, 2024 Clerk read the ordinance by title Ordinance No. 2024-#18 - AN ORDINANCE AMENDING CHAPTER 82 – STREET AND SIDEWALK USES OF THE REVISED ORDINANCES OF THE BOROUGH OF WALDWICK IN ITS ENTIRETY 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: _____ _____ _____ _____ _____ _____ _____ Brennecke Cericola Martinello Ramundo Ritchie Weber Giordano Ordinance No. 2024-#18 AN ORDINANCE AMENDING CHAPTER 82 – STREET AND SIDEWALK USES OF THE REVISED ORDINANCES OF THE BOROUGH OF WALDWICK IN ITS ENTIRETY BE IT ORDAINED that the Municipal Council of the Borough of Waldwick hereby amends Chapter 82 – Streets and Sidewalk Uses of the Revised Ordinances of the Borough of Waldwick in its entirety as follows: § 82-1 Obstructing sidewalks, curbs and gutters; exception for garbage and refuse collections. [Amended 2-22-94 by Ord. No. 2-94; 2-13-01 by Ord. No. 3-01] It shall be unlawful to put or place or keep any obstructions in any of the gutters or on any of the curbs or sidewalks of any street of the Borough of Waldwick, or to put or place or keep any glass, ashes, cans, bags, boxes, garbage or refuse materials on any of the streets, curbs or sidewalks of the Borough; but nothing herein contained shall be deemed to make it unlawful for any resident of the Borough to put or place on the street in front of the property or premises occupied by him a can, box or other container containing household garbage and/or refuse, on the night before the regularly scheduled day for the collection of garbage and refuse in his section of the Borough. These containers shall be removed from the curb no later than the end of the day of the regularly scheduled day for the collection of garbage and refuse in their section of the Borough. Outdoor display of goods and sales authorized under Chapter 62A are excluded under this section. § 82-2 Permit required to store dumpster/container on street. It shall be unlawful to drive any vehicle on or over any curb or sidewalk of any street of the Borough, except on a driveway provided for that purpose, or to put, place or keep any building or other materials on any street, curb or sidewalk of the Borough. A permit is required to store a dumpster/container in the street and must be taken out with the Borough Clerk. § 82-3 Application for dumpster/container permit [Amended 1-28-92 by Ord. 1-92] The permit required by this ordinance shall be issued by the Borough Clerk on application, in writing, signed by the person, firm or corporation seeking permission to place dumpster/container on any street in the Borough. The application shall state the time when and exact location on street where dumpster/container will be placed. A description of the work to be performed is required. Permit is valid for a period of up to three (3) months. The permit may be renewed once in the calendar year. § 82-4 Dumpster/Container permit escrow required. See Chapter 48:82-4. § 82-5 Storage of dumpster/container. [Amended 1-28-92 by Ord. 1-92] All dumpster/containers shall be placed next to the curb and shall not extend more than six (6) feet from said curb into the street, and shall be properly guarded by red lights at night. There shall be no dumpster/container storage on the street from December 1 through April 1. § 82-6 Repairs to be made. The applicant shall, within one (1) month of the causing of any such damage to street, sidewalks or curbs for which permit was grant, to repair in a manner satisfactory to the Borough. § 82-7 Revocation of permit. The Mayor and Council shall have the right to revoke any permit when in their judgment it shall be for the best interests of the public so to do. § 82-8 Dumpster/Container permit fee. See Chapter 48:82-8. § 82-9 Violations and penalties. See Chapter 1:14.1. § 82-10 When effective. This ordinance shall become effective immediately upon passage and publication as required by law.  INTRODUCTION OF ORDINANCE Date: May 7, 2024 Mayor Giordano asked the Clerk to read the Ordinance No. 2024-#19 by title: Ordinance No. 2024-#19 - AN ORDINANCE TO REPEAL AND REPLACE CHAPTER 84 “STREET EXCAVATIONS” 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, May 21, 2024. Motion: ______ Seconded: ______ Roll Call: _____ _____ _____ _____ _____ _____ _____ Brennecke Cericola Martinello Ramundo Ritchie Weber Giordano 1 Ordinance No. 2024-#19 AN ORDINANCE TO REPEAL AND REPLACE CHAPTER 84 “STREET EXCAVATIONS” WHEREAS, the Borough Council of the Borough of Waldwick spends significant funds on maintaining and paving public roads for the benefit of its residents; and WHEREAS, street excavation and other activities cause negative effects on such roadways that have been recently maintained and paved by the Borough of Waldwick; and WHEREAS, the best way to protect the residents of the Borough and the Borough’s investment in its roadways is to limit unnecessary activities, including road openings, from transpiring on the roads of the Borough of Waldwick; and WHEREAS, in consideration thereof, the Mayor and the Council of the Borough of Waldwick desire to repeal and replace Chapter 84 of the Municipal code entitled “Street Excavations’ 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 repealed and replaced as follows: Section I Chapter 84 is repealed and replaced as follows: CHAPTER 84 STREET MAINTENANCE AND EXCAVATION § 84-1 Permit Required It shall be unlawful to excavate, dig in, tunnel or open any public street in the Borough of Waldwick for any purpose without a permit being first secured from the Borough Clerk and approved by the Borough Superintendent of Public Works and only upon compliance with the provisions of this article. "Street" for the purpose of this article shall mean any road, thoroughfare, highway, public way, public alley, easement or other right-of-way accepted or maintained by the Borough as a public street, as well as any other State or county road or highway over which the Borough has acquired jurisdiction by agreement. § 84-1 Application Procedures 1. Any person, firm, or corporation desiring a permit for the opening of a street or tunneling therein shall make application to the Borough Clerk’s office setting forth the following information: 2  a. The name and address of the applicant. b. The name of the street where the opening is to be made and the street number, if any, of the abutting property. c. The Borough Tax Map, block and lot number of the property for the benefit of which the opening is to be made. d. The nature of the surface in which the opening is to be made. e. The character and purpose of the work proposed. f. The time when the work is to be commenced and completed. g. The plan showing the exact location and dimension of all openings. h. The name and address of the workmen or the contractor who is to perform the work, if different from the applicant. i. A statement that the applicant agrees to replace, at his own cost and expense, in accordance with Borough specifications and details, the opening to the street and conditions described herein, and further agrees to comply with all other applicable ordinances, regulations and laws relative to the work. j. Agreeing to indemnify and hold harmless the Borough from all loss, damage, claim or expense, including expenses incurred in the defense of any litigation arising out of injury to any person or property resulting from any work done by the applicant under the permit. k. Such other information as the Borough may consider pertinent. l. The registration number from the underground location service "New Jersey One Call" indicating that they have been properly notified and will locate underground facilities in the area of the proposed opening or tunneling operation. m. Proof of insurance coverage as required by this article. 2. Upon receipt of a complete application, the Borough Clerk shall forward all documentation to the Borough Superintendent of Public Works for review and approval. The Borough Superintendent of Public Works shall review the application and supporting documents and shall calculate the requisite permit fee required, pursuant to § 84-6 herein. 3. Once approved, the Borough Superintendent of Public Works shall transmit his approval to the Borough Clerk who shall collect the permit fee and escrow from the applicant and upon payment shall issue the permit. 3 § 84-3 Authority to Grant or Refuse Permit The Borough Clerk is hereby authorized to refuse the issuance of any permit if such refusal is in the interest of public safety, public convenience or public health. If a permit is refused by the Borough Clerk, the Borough Clerk shall advise the applicant of the same and the reasons for such denial and the Applicant shall be permitted to file an appeal to the Borough Council. The Borough Council, after hearing the applicant, the Borough Clerk, the Superintendent of Public Works or any other interested party and such evidence as may be produced, may either direct the issuance of such permit or sustain the refusal of the Borough Clerk. § 84-4 Requirements for Issuance of Permits All permits issued under this Chapter shall require the applicant to comply with the following: a. All excavations shall be kept properly barricaded at all times and, during the hours of darkness, shall be provided with the proper warning lights. The applicant shall provide such signs, controls, barricades, warning lights, and personnel necessary for safe operation and compliance with applicable federal and state laws at its own cost and expense. b. All excavations or tunneling shall be sheeted, shored, or braced in accordance with applicable safety codes and Occupational Safety and Health Administration ("OSHA") standards. c. All work shall be done in such a manner as to cause a minimum of interference with travel on the street affected. No street shall be closed to traffic unless the closing is approved by the Chiefs of both the Police and Fire Departments. The Police and Fire Departments shall be notified of all street closings at least twenty-four (24) hours in advance, except where the work is of an emergent nature, when notice shall be given to the Police and Fire Departments at the time work commences. d. All refuse and material shall be removed within forty-eight (48) hours in accordance with applicable federal and state laws. e. All excavations shall be completely backfilled with a controlled low-strength material (CLSM), more commonly referred to as "soil cement," to a level six (6) inches below the adjacent roadway surface. A temporary patch must immediately be installed until such time as the final topcoat can be applied. After installation of soil cement, the applicant shall create a final topcoat consisting of a four-inch compacted thickness of bituminous stabilized base course, and a two-inch compacted thickness of bituminous surface course, that, when filled, shall result in an opening that is flush with the existing contour of the road. If conditions exist that do not allow for the installation of bituminous material as required, a temporary patch must immediately be installed until such time as the final topcoat can be applied. Permanent patches must have all edges sealed. CLSM shall have a twenty-eight-day minimum compressive strength of 120 psi, and the applicant shall submit a mix design to the Borough Superintendent of Public Works for approval prior to use. 4 f. All street patch repairs and/or trench restoration must use the infrared paving method pursuant to the most recent standards promulgated by the Borough Superintendent of Public Works so as to blend uniformly with the adjacent existing roadway. All backfilling and patching operations of any such excavation project must be supervised by the Borough Superintendent of Public Works or his/her designated representative to ensure compliance with the Borough Superintendent of Public Works's standards. g. If blasting is required in the course of any excavation, it shall be done in strict compliance with all applicable federal and state laws and regulations. h. Restoration of any street foundation or surface shall not commence until the Borough Superintendent of Public Works or his/her designated representative has determined that settlement of the subsurface is complete and the area is properly prepared for restoration. i. Any contractor hired to perform a street excavation in the Borough shall provide proof that it is licensed with the State of New Jersey. j. All materials and work shall be in accordance with Borough regulations, specifications, and details as required by the Office of the Borough Superintendent of Public Works. k. Requirements for "moratorium" roads. 1. After the Borough has paved or repaved any street of the Borough of Waldwick, no excavation permit shall be issued for openings, cuts, or excavations in said street for a period of five (5) years from the date of such paving, subject to the exceptions described herein. 2. The Borough Clerk and the Borough Superintendent of Public Works shall keep a list of all such streets subject to this five-year moratorium, which may be inspected in the Office of the Borough Clerk or the Borough Superintendent of Public Works. 3. Prior to the start of any such paving or repaving work, the Borough Clerk or the Borough Superintendent of Public Works shall notify each utility company of said work so any in-progress or contemplated excavations may be completed before paving is started. Such notice shall state that no excavation permit shall be issued for openings, cuts, or excavations in said street for a period of five (5) years from the date of such paving. The notice shall also provide that applications for excavation permits for work to be done prior to such paving or repaving shall be submitted promptly so that any work may be completed not later than ninety (90) days from the date of such notification. 4. During such five-year period, the applicant must restore the street opening. Such restoration must include pavement restoration (milling and repaving) for the full width of the roadway to a distance of 100 feet around the area of the opening. Notwithstanding these requirements, the Borough Superintendent of Public Works may, in his/her sole discretion, waive the requirements of this subsection under the following 5  circumstances: i. Where necessary, as determined by the Borough Superintendent of Public Works. For example, if there is an excavation on a small cul-de-sac of less than 100 feet in length within the Borough, or if such a distance will unreasonably interfere with an existing utility, the Borough Superintendent of Public Works may use his/her discretion in determining the overall distance of the restoration. ii. If, in the judgment of the Borough Superintendent of Public Works, an emergency exists that makes it absolutely essential that the road be opened for purposes of a utility repair or replacement. 5. In any circumstance in which the Borough Superintendent of Public Works waives the curb-to-curb and/or 100-feet requirements above, the Borough Superintendent of Public Works shall require that the street opening be patched and restored via infrared pavement repair technology so as to blend uniformly with the adjacent existing roadway. l. Requirements for non-moratorium roads. 1. For all streets that have not been paved within the five (5) years, the applicant must patch and restore the street opening via infrared pavement repair technology so as to blend uniformly with the adjacent existing roadway. If the street opening to be trenched is greater than or equal to 50 linear feet, upon completion of same, the applicant shall restore (milling and repaving) the entire street surface from edge to edge, or curb to curb, for the full length of the excavation to the nearest intersection or as directed by the Borough Superintendent of Public Works as described herein. m. All sidewalks, when being restored or replaced as part of the operations hereunder, must also be restored pursuant to the Borough’s standards. n. The street surface shall be restored to its original condition subject to the satisfaction and approval of the Borough Superintendent of Public Works. § 84-5 Other Conditions Applicable to Permits The following conditions and regulations shall apply to all permits issued under this Chapter: a. Transferability. All permits shall apply only to the applicants to whom they are issued and for the purposes described in the application and shall not be transferable. b. Commencement of work. Work under a permit shall commence within thirty (30) days from the date of issuance of the permit, which shall be valid for thirty (30) days therefrom. If work is not commenced within that time, the permit shall automatically terminate, unless extended in writing by the Borough Clerk. The Borough Clerk and the Borough Superintendent of Public Works shall be notified at least twenty-four (24) hours prior to 6  the work commencing, except where the work is of an emergent nature, when notice shall be given to the Borough Clerk and Borough Superintendent of Public Works no later than at the time work commences. c. Possession of permit. The applicant shall keep a copy of the permit and same shall be exhibited on demand to any duly authorized employee or police officer of the Borough at the location where the work is occurring. d. Revocation of permit. The Borough Clerk or the Borough Superintendent of Public Works may revoke a permit for any of the following: 1. Violation of any provisions of this Chapter or any other applicable rules, regulations, laws, or ordinances. 2. Violation of any condition of the permit issued. 3. Carrying on work under the permit in a manner which endangers life or property, or which creates any condition which is unhealthy, unsanitary, or a nuisance, in the sole discretion of the Borough Superintendent of Public Works. e. Modification of permit conditions. In a special case, the Borough Council may, by resolution, impose special conditions to which the issuance of the permit may be subject, or may decide that any provision of this chapter shall not be applicable or may be modified. f. Rules and regulations. The Borough may make and implement any and all rules and regulations that they consider necessary for the administration and enforcement of this chapter, but no regulation shall be inconsistent with, alter, or amend the intent of any provision of this chapter, or impose any requirement that is in addition to those expressly or by implication imposed by this chapter. Copies of all current regulations shall be furnished to each permittee at the time of the issuance of the permit. § 84-6 Permit Application Fees a. Prior to issuance of any permit pursuant to this chapter, the applicant shall file an application for said permit at least forty-eight (48) hours prior to the requested time of issuance and shall pay for said permit in accordance with the following schedule: 1. Permit fee: i. Excavation up to twenty-five (25) square feet: $200. ii. Excavation between twenty-five (25) square feet and fifty (50) square feet: $300. iii. Excavation larger than fifty (50) square feet: $300 plus $1 per square foot in excess of fifty (50) square feet. For example, if an application is made for 7  an excavation of seventy-five (75) square feet, the permit fee would be $325. iv. Excavations made within five (5) years of previous paving (in addition to the fees described above): a. Within the preceding year: $2,000. b. Within the preceding two (2) to three (3) years: $1,500. c. Within the preceding four (4) to five (5) years: $750. 2. Escrow: An escrow shall also be deposited with the Borough in an amount of $1,500 to assure that any road opening on roadways is restored satisfactorily. b. All permit fees are nonrefundable, and said permit, once issued, is valid for a period of sixty (60) days. c. The fee and escrow will be waived for work done by Bergen County, provided Bergen County files an application prior to any work being done. d. Public utilities will be allowed to establish an escrow account with the Borough of Waldwick for the required escrow. Public utilities shall deposit a bond of $100,000 in the escrow account running to the Borough of Waldwick which is conditioned for the temporary and permanent restoration of any road, street, or pavement thereof which may be opened or excavated by such utility, its employees or contractors, without undue delay, to as good condition as the same was at the time of the opening thereof, and to the satisfaction of the Borough Superintendent of Public Works; which bond shall further provide that the obligation thereof shall be a continuing obligation to the full amount thereof for each opening of any road or pavement. e. The Borough shall have the authority and right to use the escrow funds to restore or maintain the work covered by the permit if the applicant fails to do so within twenty-four (24) hours of notification by the Borough. §84-6 Refund of Escrow One (1) year after the permanent restoration is completed, the Borough shall reinspect the area. If the restoration is satisfactory, the escrow or any remainder thereof shall be refunded; if additional restoration is required, the Borough shall notify the applicant of the additional work to be performed and will reinspect the restoration area again one (1) month after the corrective action. A refund shall then be made if restoration is satisfactory. §84-7 Permit—Not Required for Work Done by Borough or Under Contract with Borough Nothing in this Chapter shall be construed as requiring the issuance of a permit for the performance 8 of any work done by the Borough or under a contract with the Borough. § 84-8 Liability and Indemnification a. The applicant shall indemnify and save harmless the Borough, its officers and employees, from all suits, actions or claims of any character brought because of any injuries or damage received or sustained by any person, persons or property on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of said applicant; or because of any claims or amounts recovered from any infringements of patent, trade work, or copyright; or from any claims or amounts arising or recovered under the Workers' Compensation Act, or any other law, ordinance, order, or decree; and so much of the money due the said applicant under and by virtue of his work under this permit as may be considered necessary by the Borough for such purpose may be retained for the use of the Borough; or in case no money is due, his surety may be held until such suit or suits, action or actions, claim or claims for injuries or damages as aforesaid shall have been settled and suitable evidence to that effect furnished to the Borough; except that money due to the applicant will not be withheld when the applicant produces satisfactory evidence that he is adequately protected by public liability and property damage insurance. b. The applicant shall also notify its insurance company that it has entered into an indemnification agreement with the Borough and that the terms of the indemnification should be covered by the applicant's insurance. c. The contractor shall carry and maintain, at all times while the contract is in full force and effect, the following insurance coverage with an insurance company or companies acceptable to the Borough of Waldwick, with limits not less than those shown below. A certificate of insurance shall be filed with the Borough of Waldwick prior to commencement of the work. i. Commercial general liability (CGL): Coverage for all operations, including, but not limited to, contractual, products and completed operations, and personal injury with limits no less than $1,000,000 per occurrence/$2,000,000 aggregate per project. The Borough of Waldwick, its officers, officials, employees, agents and volunteers shall be included as an additional insured. ii. Automobile liability: Coverage for all owned, non-owned and hired vehicles with limits not less than $1,000,000 per occurrence, combined single limits (CSL) or its equivalent. iii. Workers' compensation: As required by the State of New Jersey and employers liability with limits not less than $1,000,000 per accident for bodily injury or disease. d. Coverage on primary and noncontributory basis: The certificate of insurance should indicate that all insurance coverages will provide coverage on a primary and 9  noncontributory basis to the Borough of Waldwick, its officers, officials, employees, agents and volunteers, who shall be included as an additional insured. e. Notice of cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the entity. f. Special risks or circumstances: The Borough of Waldwick reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. § 84-9 Protection of Existing Structures It shall be the duty of a permittee under this Chapter to give notice of the proposed street opening to any companies or organizations whose pipes, conduits, wires, or other structures are laid in the portion of the street to be opened not less than twenty-four (24) hours before commencing such opening. The permittee shall, at his/her own expense, carefully support, maintain in operation and protect from injury such pipes, conduits, wires, or other structures. If any damage is caused to such structures the permittee shall restore same, at his/her own expense, to as good a condition as they were before the beginning of the work. § 84-10 Driving Small Pipes Beneath Pavement Small pipes or conduits may be driven beneath pavements in such a manner that the surface shall not be disturbed or injured; provided, that: a. A permit is obtained as provided herein. b. The application fee shall have been paid, provided there shall not be a requirement to pay a permit fee or escrow. c. In the event of damage to a pavement or subsurface pipe or structure caused by driving such pipe or conduit, the permittee under this Chapter shall repair and make good the damage at the permittee's own expense. d. Driving of pipes shall be prohibited at locations in the highways where there is existing underground construction of any telecommunication, electric, or gas utility company. §84-11 Emergencies In case of an emergency, such as would be occasioned by a leak of gas, or water, a sewer blockage or such other situation which poses an immediate hazard to public safety or interruption of utility services, the Borough Clerk or Borough Superintendent of Public Works may issue an emergency permit without the necessity of the applicant complying with the application process described herein, provided that after such emergency has been abated, a normal application will be filed on the next business day thereafter. 10 § 84-12 Damaging Surface of Street Aside from those acts expressly permitted by the Borough, no person shall do any act or thing which in any way mars, injures, or damages the surface or other part of any roadway within the municipality which shall include, but not be limited to, setting off of fireworks, disposing of any garbage, waste, litter, or rubbish, operating a vehicle in a careless/reckless manner, etc. § 84-13 Violations and Penalties Any person, firm or corporation who or which shall violate any provision of this Chapter shall be subject to a fine not exceeding $1,000 or imprisonment for a term not exceeding ninety (90) days, or both, for each offense. Each day during which any such violation occurs or is permitted to continue shall constitute a separate violation. Section II All ordinances or parts of ordinances inconsistent with this ordinance are hereby repealed to the extent of such inconsistency. Section III If any section, paragraph, subdivision, clause or provision of this ordinance shall be adjudged invalid, such adjudication shall apply only to this section, paragraph, subdivision, clause or provision and the remainder of this ordinance shall be deemed valid and effective. Section IV This ordinance shall take effect upon adoption and publication in the manner required by New Jersey general law but, in no event, less than twenty (20) days after its final passage by the Borough Council and approval by the Mayor, where such approval is required pursuant to N.J.S.A. 49:69A- 181(b). 11