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Council Meeting

Regular Meeting

Waldwick, NJ · September 10, 2024

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Minutes

REGULAR MEETING MINUTES: 1 SEPTEMBER 10, 2024 MINUTES FOR THE REGULAR MEETING OF THE MAYOR & COUNCIL OF THE BOROUGH OF WALDWICK HELD ON TUESDAY, SEPTEMBER 10, 2024 AT 7:30 PM Mayor Giordano called the meeting to order and read the Statement of Compliance. Mayor Giordano asked for a roll call. Present on roll call: Mayor Giordano, Mr. Brennecke (via phone), Ms. Cericola, Mr. Martinello, Mr. Ramundo, Mr. Ritchie and Mrs. Weber. Also present: Steven J. Neale, Borough Administrator; Matthew Guilder, Grants Administrator; Kelley Halewicz, Municipal Clerk and Katy Fina for Borough Attorney Craig Bossong. Mayor Giordano asked everyone to join in the Pledge of Allegiance, remain standing for a moment of silence honoring our Veterans and to remain standing for the prayer. PROCLAMATIONS & PRESENTATIONS a. Proclamation Supporting Childhood Cancer Awareness Month b. Proclamation Supporting National Ovarian Cancer Awareness Month c. Proclamation Recognizing the Month of September as Hunger Action Month d. Proclamation National Suicide Prevention & Action Month MAYOR’S REPORT AND REPORTS OF COMMITTEES Mayor’s Report. Mayor Giordano reminded everyone that the September 11 Ceremony will take place at Company No. 2 at 6:30 pm. We made this change as we believe more people will be able to come out and attend. Mayor Giordano thanked the fire department, ambulance corps and police department for their participation. Mayor Giordano will perform a wedding a Borough Hall on Thursday. The couple is from Waldwick. Mayor Giordano commented on the ongoing contract negotiations with the DPW as their contract is up the end of this year. Financial & Administrative Committee. Mr. Ritchie reported that we learned that the State Health Benefits plan is going up 17.2% next year. We are working to see if there are other options. This has led to budget discussions taking place. The subcommittee will work through this as it requires a plan to move forward. Fire & Police Protection Committee. Mr. Brennecke reported that the Fire Department responded to mutual aids calls as well as calls within the Borough for the month of August. The Fireman’s Convention is happening now through Sunday afternoon with coverage at home with surrounding communities responding all together. Public Safety Committee. Ms. Cericola reported for the month of August, WALVAC responded to 53 calls. April Trainor responded to 36, Ashley Statuto to 30 and Madelin Benitez to 27. The majority of calls in August were on Thursdays and about 89% of runs were responded to in under 5 minutes. REGULAR MEETING MINUTES: 2 SEPTEMBER 10, 2024 Since our last meeting, I would like to recognize the tragic passing of WALVAC’s President, John Papendick. John was a loving and caring father of his three boys and husband. His contributions to WALVAC and the Borough over the past 10 years were immeasurable. He served as WALVAC President, former Captain (and various Line Officer positions), CPR instructor, key fundraiser, and most notably, he was a mentor to many. Recreational & Health Committee. Mr. Martinello reported that this is fall sports opening week for football and soccer. WALVAC will be on standby for the games. The high school teams also started their games this week. Public Works Committee. Mr. Ramundo reported that DPW is gearing up for fall clean up as well as preventative maintenance on vehicles prior to snowplows being installed. Administration is working on a replacement for an employee who resigned. Buildings & Grounds Committee. Mrs. Weber had no report. DEPARTMENT HEAD REPORTS Administrator. Mr. Neale commented on the resolution accepting Matt’s resignation from the Borough. Mr. Neale extended Matt a congratulations as you move from one Borough to another and good luck. All the very best to you. Municipal Clerk. Mrs. Halewicz commented on Resolution 2024-233 for a limo license. Also, Ordinance No. 2024-#26 for an increase fee for outdoor café permits from $75 - $100. Mrs. Halewicz reported that all the vehicle information has been updated in the system. The Police department can now start patrolling the lot. While we are sold out, permit holders are just not using the lot daily and the spots at the far end of the parking lot are always available in addition to other spaces within the lot, but this will have to wait until we have an agreement with NJ Transit. The Borough has issued 1,049 dog licenses as of today and more keep coming in. Elections If you wish to opt out of receiving Vote by Mail ballot, there is a Vote by Mail Removal form on the elections page of the Borough’s website. Complete the form and either mail or email to the Bergen County Clerk’s office. Vote by Mail Ballots will be mailed beginning September 21. On the elections page of our website is a link to a video on how to complete your vote by mail ballot. There is also a video on how to use the voting machines. October 15 is the last day to register to vote in the General election. My office is open until 7:00 pm. Finally, October 6 is the final BCUA Recycling event; October 12 Styrofoam Recycling Collection; October 14 – 18 is final week of curbside yard waste collection; and October 23 leaf collection begins in District 2. REGULAR MEETING MINUTES: 3 SEPTEMBER 10, 2024 Grants Administrator. Mr. Guilder commented that this will be his last Council meeting as he accepted an offer to be the next Borough Administrator for the Borough of Butler. He was hired a little over five years ago with the goal to be a Borough Administrator and will be forever grateful to Waldwick and the opportunities provided to him. He thanked the Mayor, Council Members past and present as well as our former Administrator Patrick Wherry, Colleen, Kelley and Tatiana as well as all the other staff. Finally thanked the residents of this town who have been great to him and an honor and privilege to work here. Attorney. Ms. Fina commented on Resolution 2024-229 which would designate the land and property across from Borough Hall as an area in need of redevelopment. If passed, they would then work with the Planner to provide a redevelopment plan by end of October or November. Mayor Giordano explained that the Planning Board had a meeting last week where they heard from the public and approved designating the area in need of redevelopment. Now the Council can obtain a redevelopment plan to see if they want to move that forward. CONSENT AGENDA RESOLUTIONS RESOLUTION NO. 2024-227 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: 2024-227 Approval of Consent Agenda 2024-228 Approval of Minutes - Regular Meeting & Closed Session Meeting, August 13, 2024 Policy Votes a. Stryker/Molly Walker requests to use Pavilion A on September 19, 2024 from 11:30 am – 4:30 pm for a company picnic with alcoholic beverages being served b. Robert Scavone requests to use Pavilion A on September 28, 2024 from 1:00 pm – dusk for a family celebration with alcoholic beverages being served c. Alyssa Woodcock requests to use Pavilion A on September 29, 2024 from 11:30 am – 3:30 pm for a birthday party with alcoholic beverages being served d. Waldwick High School Booster Club request to use The Oval on September 29, 2024 from 2:00 pm – 9:00 pm for a Cornhole Fundraising Tournament with alcoholic beverages being consumed 2024-229 Concurring with Planning Board’s Redevelopment Investigation Findings Regarding Block 107, Lots 1,3,5,7,8,9,10,11,13 and 17 and Designating them as An Area In Need of Redevelopment with Condemnation Powers 2024-230 Change Order No. 1 and Final Payment to DLS Contracting Inc. for Improvements to Harrison Avenue 2024-231 Change Order No. 1 and Amendment to Resolution No. 2024-141 for the 2024 Road Rehabilitation Project to include Chopek Lane and Garabaldi Place 2024-232 Authorize Advertisement and Receipt of Bids for Sheridan Avenue, Evergreen Street and Hemlock Street Water Main Improvements 2024-233 Authorize Amendment to Autocab License - In-Style Car & Limo Service Inc./N Style LLC 2024-234 Authorize Release of Dumpster Escrow - 109 Lindbergh Parkway 2024-235 Approval of Access to Government Records Form 2024-236 Accept the Resignation of Matthew Guilder as Grants Administrator Effective October 5, 2024 2024-237 Appointment of Qualified Purchasing Agent - Steven Neale 2024-238 Appointment of Provisional Public Works Repairer - Steven Kempenski 2024-239 Appointment of Per Diem Crossing Guard - Taher Rizkalla REGULAR MEETING MINUTES: 4 SEPTEMBER 10, 2024 2024-240 Cancellation and Refund of Taxes, Block 73.07/Lot 5 2024-241 Payment of Vouchers Discussion. Mayor Giordano explained that Policy Vote d for the Booster Club was for the baseball field or Borough Park, but we do not permit that type of event in those areas. This was a compromise because we didn’t want to hurt the fundraiser for the children. Council Member Motion Second Ayes Nays Abstain Absent Brennecke X Cericola X Martinello X Ramundo X X Ritchie X X Weber X Mayor Giordano X Mr. Martinello reused himself on Policy Vote d. PUBLIC HEARING & ADOPTION OF ORDINANCE(S) Mayor Giordano asked the Clerk to read Ordinance No. 2024-#26 by title. Ordinance No. 2024-#26 - AN ORDINANCE AMENDING CHAPTER 48 – FEES, SECTION 97-123.4 ZONING – OUTDOOR CAFÉ PERMIT FEE TO INCREASE FEE COLLECTED Council comments. Mayor Giordano commented that this Clerk just explained this under her report, increasing the fee from $75 to $100. Public comment. None. Mayor Giordano closed the Public comment. Ordinance No. 2024-#26 was advertised and on second reading is adopted. This ordinance will go into effect immediately after approval and publication according to law. Council Member Motion Second Ayes Nays Abstain Absent Brennecke X Cericola X Martinello X Ramundo X Ritchie X X Weber X X Mayor Giordano ************ Mayor Giordano asked the Clerk to read Ordinance No. 2024-#27 by title. Ordinance No. 2024-#27 - ESTABLISHING A NEW CHAPTER 90, ENTITLED “TREES AND SHRUBS”, OF CODE OF THE BOROUGH OF WALDWICK TO REGULATE THE REMOVAL AND REPLACEMENT OF TREES REGULAR MEETING MINUTES: 5 SEPTEMBER 10, 2024 Council comments. Mr. Neale commented that this ordinance is being required by NJDEP for the removal of trees on public and private property as well as tree contractor registration requirements. We believe what we have is at a fair ordinance to meet the requirements. Mr. Ritchie added that no one was looking to adopt a tree removal ordinance, but we have to abide by the law and this ordinance does that to meet the requirements. Public comment. None. Mayor Giordano closed the Public comment. Ordinance No. 2024-#27 was advertised and on second reading is adopted. This ordinance will go into effect immediately after approval and publication according to law. Council Member Motion Second Ayes Nays Abstain Absent Brennecke X Cericola X Martinello X X Ramundo X Ritchie X X Weber X Mayor Giordano ************ Mayor Giordano asked the Clerk to read Ordinance No. 2024-#28 by title. Ordinance No. 2024-#28 - AMENDING CHAPTER 94-2, ENTITLED “WATER AGENT: APPOINTMENT; TERM OF OFFICE”, OF CODE OF THE BOROUGH OF WALDWICK Council comments. Mr. Neale reported that this ordinance and the next one are just cleaning up the language to protect employees and their benefits with pension system and align what they are doing. Public comment. None. Mayor Giordano closed the Public comment. Ordinance No. 2024-#28 was advertised and on second reading is adopted. This ordinance will go into effect immediately after approval and publication according to law. Council Member Motion Second Ayes Nays Abstain Absent Brennecke X X Cericola X X Martinello X Ramundo X Ritchie X Weber X Mayor Giordano ************ REGULAR MEETING MINUTES: 6 SEPTEMBER 10, 2024 Mayor Giordano asked the Clerk to read Ordinance No. 2024-#29 by title. Ordinance No. 2024-#29 - AN ORDINANCE AMENDING ORDINANCE NO. 2024-#05, FIXING THE COMPENSATION, SALARIES AND WAGES OF OFFICIALS AND EMPLOYEES OF THE BOROUGH OF WALDWICK TO ADD THE TITLE WATER AGENT TO THE CHIEF FINANCIAL OFFICER/TAX COLLECTOR POSITION TITLE Council comments. None. Public comment. None. Mayor Giordano closed the Public comment. Ordinance No. 2024-#29 was advertised and on second reading is adopted. This ordinance will go into effect immediately after approval and publication according to law. Council Member Motion Second Ayes Nays Abstain Absent Brennecke X Cericola X X Martinello X X Ramundo X Ritchie X Weber X Mayor Giordano INTRODUCTION OF ORDINANCE(S) – None. UNFINISHED BUSINESS – None. NEW BUSINESS Mayor Giordano commented that there are four proclamations on the agenda for childhood cancer, ovarian cancer, hunger action month and suicide prevention and action month. These proclamations will be posted in the Mayor’s Corner tomorrow morning. Also, we will be wearing our pink shirts at the October Council meetings in support of Breast Cancer Awareness Month. Any Council Member who does not have a logo pink shirt, please wear a pink polo shirt. PUBLIC COMMENT Mayor Giordano asked if any member of the public wished to come forward and to discuss anything and if so, please state your name only for the record. Eric LaPorta commented that the trucks at the sewer authority were backing up on Labor Day weekend at 6:45 am as well as the aroma. Police said they couldn’t do anything. Trucks then idling at Giant Market include from Zuidema, Coppola and Earth Care. Later that day someone did come by and then a police officer who said there was a report. Mr. LaPorta spoke with a lawyer from Little Ferry where the Mayor & Council circulated a petition from the people in the whole area and published it in the newspaper. They do not like publicity. REGULAR MEETING MINUTES: 7 SEPTEMBER 10, 2024 Mayor Giordano asked who he spoke with at the Police Department? A dispatcher? The Administrator will follow up with the Police Department to make sure everyone is reporting and responding appropriately when this type of call comes in. John Vervoort asked where the 9/11 Remembrance Ceremony is being held because the Mayor just said Fire Company No. 2 but Mr. Vervoort received a Nixle today that said 15 E. Prospect Street. Mayor Giordano said the ceremony is a Fire Company No. 2 on Wyckoff Avenue. CLOSED SESSION - Any matter permitted to be discussed in Closed Session pursuant N.J.S.A. 10:4-12 None. ADJOURNMENT There being no further business to come before the Mayor and Council at its Regular Meeting on MOTION by Mr. Ritchie, seconded by Mrs. Weber and on roll call carried the meeting adjourned at 8:00 pm. Adopted: September 24, 2024 __________________________________ KELLEY HALEWICZ, RMC/CMC MUNICIPAL CLERK

Agenda

REGULAR MEETING AGENDA 1 AGENDA FOR THE REGULAR MEETING OF THE MAYOR & COUNCIL OF THE BOROUGH OF WALDWICK TUESDAY, SEPTEMBER 10, 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 Attorney Katy Fina for Borough Attorney Craig Bossong. IV. PLEDGE OF ALLEGIANCE, MOMENT OF SILENCE HONORING VETERANS & PRAYER V. PROCLAMATIONS & PRESENTATIONS a. Proclamation Supporting Childhood Cancer Awareness Month b. Proclamation Supporting National Ovarian Cancer Awareness Month c. Proclamation Recognizing the Month of September as Hunger Action Month d. Proclamation National Suicide Prevention & Action Month 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 VIII. CONSENT AGENDA RESOLUTIONS 2024-227 Approval of Consent Agenda 2024-228 Approval of Minutes - Regular Meeting & Closed Session Meeting, August 13, 2024 REGULAR MEETING AGENDA 2 Policy Votes a. Stryker/Molly Walker requests to use Pavilion A on September 19, 2024 from 11:30 am – 4:30 pm for a company picnic with alcoholic beverages being served b. Robert Scavone requests to use Pavilion A on September 28, 2024 from 1:00 pm – dusk for a family celebration with alcoholic beverages being served c. Alyssa Woodcock requests to use Pavilion A on September 29, 2024 from 11:30 am – 3:30 pm for a birthday party with alcoholic beverages being served 2024-229 Concurring with Planning Board’s Redevelopment Investigation Findings Regarding Block 107, Lots 1,3,5,7,8,9,10,11,13 and 17 and Designating them as An Area In Need of Redevelopment with Condemnation Powers 2024-230 Change Order No. 1 and Final Payment to DLS Contracting Inc. for Improvements to Harrison Avenue 2024-231 Change Order No. 1 and Amendment to Resolution No. 2024-141 for the 2024 Road Rehabilitation Project to include Chopek Lane and Garabaldi Place 2024-232 Authorize Advertisement and Receipt of Bids for Sheridan Avenue, Evergreen Street and Hemlock Street Water Main Improvements 2024-233 Authorize Amendment to Autocab License - In-Style Car & Limo Service Inc./N Style LLC 2024-234 Authorize Release of Dumpster Escrow - 109 Lindbergh Parkway 2024-235 Approval of Access to Government Records Form 2024-236 Accept the Resignation of Matthew Guilder as Grants Administrator Effective October 5, 2024 2024-237 Appointment of Qualified Purchasing Agent - Steven Neale 2024-238 Appointment of Provisional Public Works Repairer - Steven Kempenski 2024-239 Appointment of Per Diem Crossing Guard - Taher Rizkalla 2024-240 Cancellation and Refund of Taxes, Block 73.07/Lot 5 2024-241 Payment of Vouchers IX. PUBLIC HEARING & ADOPTION OF ORDINANCE(S) a. Ordinance No. 2024-#26 - AN ORDINANCE AMENDING CHAPTER 48 – FEES, SECTION 97-123.4 ZONING – OUTDOOR CAFÉ PERMIT FEE TO INCREASE FEE COLLECTED b. Ordinance No. 2024-#27 - ESTABLISHING A NEW CHAPTER 90, ENTITLED “TREES AND SHRUBS”, OF CODE OF THE BOROUGH OF WALDWICK TO REGULATE THE REMOVAL AND REPLACEMENT OF TREES c. Ordinance No. 2024-#28 - AMENDING CHAPTER 94-2, ENTITLED “WATER AGENT: APPOINTMENT; TERM OF OFFICE”, OF CODE OF THE BOROUGH OF WALDWICK d. Ordinance No. 2024-#29 - AN ORDINANCE AMENDING ORDINANCE NO. 2024-#05, FIXING THE COMPENSATION, SALARIES AND WAGES OF OFFICIALS AND EMPLOYEES OF THE BOROUGH OF WALDWICK TO ADD THE TITLE WATER AGENT TO THE CHIEF FINANCIAL OFFICER/TAX COLLECTOR POSITION TITLE X. INTRODUCTION OF ORDINANCE(S) REGULAR MEETING AGENDA 3 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 ***NEXT MEETING IS TUESDAY, SEPTEMBER 24, 2024, 7:30 PM, REGULAR MEETING*** MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2024-227 (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: 2024-227 Approval of Consent Agenda 2024-228 Approval of Minutes - Regular Meeting & Closed Session Meeting, August 13, 2024 Policy Votes a. Stryker/Molly Walker requests to use Pavilion A on September 19, 2024 from 11:30 am – 4:30 pm for a company picnic with alcoholic beverages being served b. Robert Scavone requests to use Pavilion A on September 28, 2024 from 1:00 pm – dusk for a family celebration with alcoholic beverages being served c. Alyssa Woodcock requests to use Pavilion A on September 29, 2024 from 11:30 am – 3:30 pm for a birthday party with alcoholic beverages being served 2024-229 Concurring with Planning Board’s Redevelopment Investigation Findings Regarding Block 107, Lots 1,3,5,7,8,9,10,11,13 and 17 and Designating them as An Area In Need of Redevelopment with Condemnation Powers 2024-230 Change Order No. 1 and Final Payment to DLS Contracting Inc. for Improvements to Harrison Avenue 2024-231 Change Order No. 1 and Amendment to Resolution No. 2024-141 for the 2024 Road Rehabilitation Project to include Chopek Lane and Garabaldi Place 2024-232 Authorize Advertisement and Receipt of Bids for Sheridan Avenue, Evergreen Street and Hemlock Street Water Main Improvements 2024-233 Authorize Amendment to Autocab License - In-Style Car & Limo Service Inc./N Style LLC 2024-234 Authorize Release of Dumpster Escrow - 109 Lindbergh Parkway 2024-235 Approval of Access to Government Records Form 2024-236 Accept the Resignation of Matthew Guilder as Grants Administrator Effective October 5, 2024 2024-237 Appointment of Qualified Purchasing Agent - Steven Neale 2024-238 Appointment of Provisional Public Works Repairer - Steven Kempenski 2024-239 Appointment of Per Diem Crossing Guard - Taher Rizkalla 2024-240 Cancellation and Refund of Taxes, Block 73.07/Lot 5 2024-241 Payment of Vouchers MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2024-227 (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 September 10, 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. 2024-228 Approval of Minutes - Regular Meeting & Closed Session Meeting, August 13, 2024 BE IT RESOLVED that the Mayor and Council of the Borough of Waldwick hereby approve the following Minutes: Regular Meeting August 13, 2024 Closed Session Meeting August 13, 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 September 10, 2024. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2024-229 (Page 1 of 3) CONCURRING WITH PLANNING BOARD’S REDEVELOPMENT INVESTIGATION FINDINGS REGARDING BLOCK 107, LOTS 1,3,5,7,8,9,10,11,13 and 17 AND DESIGNATING THEM AS AN AREA IN NEED OF REDEVELOPMENT WITH CONDEMNATION POWERS WHEREAS, pursuant to N.J.S.A. 40A:12A-6, by Resolution No. 2024-113 adopted on March 26, 2024 the governing body of the Borough of Waldwick (the “Borough”) authorized and requested the Planning Board to undertake a preliminary investigation (the “Investigation”) to determine whether Lots 1,3,5,7,8,9, 10,11,13 and 17 in Block 107 (the “Area of Investigation”) constitutes an area in need of redevelopment according to the criteria set forth under the Local Redevelopment and Housing Law (“LRHL”), specifically N.J.S.A. 40A:12A-5 and N.J.S.A. 40A:12A-3; and, WHEREAS, consistent with the requirements set forth in N.J.S.A. 40A:12A-6, the Planning Board specified and gave notice that on September 4, 2024, a hearing would be held for the purpose of hearing persons who are interested in or would be affected by a determination that the properties in the Area of Investigation constitute an area in need of redevelopment as that term is defined under the LRHL for condemnation purposes; and, WHEREAS, Paul Grygiel, PP of Phillips Preiss publicly presented a “Report of Preliminary Investigation for Determination of an Area in Need of Redevelopment” for the designated Area of Investigation dated July, 2024 (the “Investigation Report”), which is attached hereto and made part hereof as Exhibit A; and, WHEREAS, the Investigation Report opines that the Area of Investigation evidences conditions and characteristics that qualify the Area of Investigation as an “area in need of redevelopment” because it collectively satisfies the following statutory criteria of the LRHL under N.J.S.A. 40A:12A-5; and, WHEREAS, in its entirety, the Investigation Report demonstrates that the cumulative effects of the negative conditions existing upon the property located within the Area of Investigation is having a decadent effect on the surrounding properties, which is demonstrated through the pictures, narrative, Borough records and uncontested testimony of Mr. Grygiel, showing that many of the properties in the immediate vicinity are in visual need of repair, vacant and/or have already been declared as areas in need of redevelopment and rehabilitation too for these reasons; and, WHEREAS, on September 4, 2024, the Planning Board held a properly noticed public hearing pursuant to the requirements of N.J.S.A. 40A:12A-6 concerning the Area of Investigation, with Clifford Singer, Esq. representing the Planning Board; and, WHEREAS, the hearing was opened to all persons from the public who were generally interested in or would be affected by a finding that the property within the Area of Investigation constitutes an area in need of redevelopment under N.J.S.A. 40A:12A-5 and N.J.S.A. 40A:12A-3; and, MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2024-229 (Page 2 of 3) WHEREAS, on September 4, 2024, the Planning Board received uncontested testimony from Mr. Grygiel providing a first-hand account of the conditions that he observed during his exhaustive examination of the property within the Area of Investigation, which confirmed the description of the conditions and his findings contained in the Investigation Report; and, WHEREAS, on September 4, 2024, the Planning Board unanimously recommended that the governing body of the Borough designate the Area of Investigation as a condemnation area in need of redevelopment due to the substantial evidence that the Area of Investigation meets the criteria enumerated in the Investigation Report, pursuant to N.J.S.A. 40A:12A-5. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Waldwick in the County of Bergen, State of New Jersey that it hereby adopts the above recitals, findings of the Planning Board and the Investigation Report attached hereto as Exhibit A prepared by Phillips Preiss as if set forth fully herein, therefore, determining and hereby declaring that the Area of Investigation consisting of Lots 1,3,5,7,8,9, 10,11,13 and 17 in Block 107 are hereby determined to be a condemnation area in need of redevelopment according to the criteria set forth under N.J.S.A. 40A:12A-5; and, BE IT FURTHER RESOLVED that pursuant to N.J.S.A. 40A:12A-6(b)(5)(c), the Borough Clerk is hereby authorized and directed to transmit a certified copy of this Resolution to the Commissioner of the Department of Community Affairs for review; and, BE IT FURTHER RESOLVED that pursuant to N.J.S.A. 40A:12A-6(b)(5)(d), the Borough Clerk transmit a certified copy of this Resolution upon all record owners of the properties located within the delineated Area of Investigation as those names are listed within the official Tax Assessor’s records within ten (10) days of the adoption thereof; and, BE IT FURTHER RESOLVED that pursuant to N.J.S.A. 40A:12A-6(b)(5)(d), the Borough Clerk is hereby authorized and directed to transmit a certified copy of this Resolution upon each person, if any, who filed a written objection and stated in such submission and address to which notice of this determination may be sent; and, BE IT FURTHER RESOLVED that that a certified copy of this Resolution and underlying documents shall be available for public inspection during regular business hours at the Office of the Borough Clerk; and, BE IT FURTHER RESOLVED that this Resolution shall take effect immediately pursuant to law. MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2024-229 (Page 3 of 3) 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 September 10, 2024. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2024-230 Change Order No. 1 and Final Payment to DLS Contracting Inc. for Improvements to Harrison Avenue WHEREAS, a contract was awarded DLS Contracting Inc. for Improvements to Harrison Avenue on April 23, 2024 in the amount of $100,247.85 by Resolution No. 2024-133; and, WHEREAS, Change Order No. 1, increases the contract amount by $9,203.33 to a total of $109,451.18 due to increases in materials used; and, WHEREAS, the Borough Engineer has recommended final payment in the amount of $109,451.18 to DLS Contracting 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 increased amount of $9,203.33 for a total contract amount of $109,451.18, and final payment in the amount of $109,451.18 for Improvements to Harrison Avenue to DLS Contracting Inc., 36 Montesano Road, Fairfield, NJ 07004; 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 September 10, 2024. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2024-231 Change Order No. 1 and Amendment to Resolution No. 2024-141 for the 2024 Road Rehabilitation Project to include Chopek Lane and Garabaldi Place WHEREAS, the Borough of Waldwick awarded a fair and open contract to D&L Paving for the 2024 Road Rehabilitation Project on May 7, 2024 (Resolution No. 2024-141) in the amount of $474,031.33; and, WHEREAS, the Borough is desirous of adding Chopek Lane and Garabaldi Place to the 2024 Road Rehabilitation Project contract in the amount of $27,894.30; and, WHEREAS, this Change Order No. 1, increases the contract amount from $474,031.33 to $501,925.63; and, WHEREAS, the Chief Financial Officer has certified that funds are available for the amendment to this contract in the total amount of $27,894.30 from Budget Line Item G-04-24-488-350. NOW, THEREFORE, BE IT RESOLVED that the Municipal Council of the Borough of Waldwick hereby approved Change Order No. 1, in the amount of $27,894.30, increasing the 2024 Road Rehabilitation contract amount to $501,925.63 and authorizes the amendment to Resolution No. 2024-141 as stated above. 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 September 10, 2024. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2024-232 Authorize Advertisement and Receipt of Bids for Sheridan Avenue, Evergreen Street and Hemlock Street Water Main Improvements BE IT RESOLVED that the Mayor and Council of the Borough of Waldwick hereby authorize the advertisement and receipt of bids for the Sheridan Avenue, Evergreen Street and Hemlock Street Water Main Improvements. 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 September 10, 2024. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2024-233 Authorize Amendment to Autocab License - In-Style Car & Limo Service Inc./N Style LLC WHEREAS, the Mayor and Council of the Borough of Waldwick are in receipt of an Autocab License Amendment from In-Style Car & Limo Service Inc./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 License from Larry Tong the owner of In-Style Car & Limo Service Inc./N Style LLC, 24 Wyckoff Avenue in the Borough of Waldwick be granted. Company Name: In-Style Car & Limo Service Inc./N Style LLC Owner: Larry Tong Approved Amended Vehicle: 2016 Chevrolet Suburban VIN: 1GNSKHKC8GR484070 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 September 10, 2024. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2024-234 Authorize Release of Dumpster Escrow - 109 Lindbergh Parkway 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 certified 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 Jersey Roofing, 411 River Road, Garfield, NJ 07026, Attn: Minire Bibovic. 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 September 10, 2024. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2024-235 Approval of Access to Government Records Form BE IT RESOLVED that the Municipal Council of the Borough of Waldwick hereby approves the Access to Government Records forms to be used by the Municipal Clerk as the Custodian of Records to comply with the Open Public Records Act, P.L. 2024, c. 16, which will go into effect September 3, 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 September 10, 2024. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2024-236 Accept the Resignation of Matthew Guilder as Grants Administrator Effective October 5, 2024 BE IT RESOLVED that the Mayor and Council of the Borough of Waldwick hereby accepts the resignation of Matthew Guilder as Grants Administrator effective October 5, 2024; and, BE IT FURTHER RESOLVED that at the effective date of his resignation Matthew Guilder will have expended all of his vacation time, and will not be owed a payout for unused vacation days; and, BE IT FURTHER RESOLVED that Matthew Guilder is owed pro-rated amounts for travel allowance in the amount of $52.68 and medical waiver in the amount of $66.80. 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 September 10, 2024. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2024-237 Appointment of Qualified Purchasing Agent - Steven Neale BE IT RESOLVED that Steven Neale is hereby appointed as the Qualified Purchasing Agent for the Borough of Waldwick effective September 11, 2024; and, BE IT FURTHER RESOLVED that the bid threshold be set at $44,000. 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 September 10, 2024. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2024-238 Appointment of Provisional Public Works Repairer - Steven Kempenski BE IT RESOLVED, by the Mayor and Council of the Borough of Waldwick that Steven Kempenski is hereby appointed as provisional Public Works Repairer pending the New Jersey Civil Service Commission promotional exam; and, BE IT FURTHER RESOLVED that Steven Kempenski will serve in this position beginning July 1, 2024; and, BE IT FURTHER RESOLVED that he shall serve at a salary of $50,749.00. 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 September 10, 2024. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2024-239 Appointment of Per Diem Crossing Guard - Taher Rizkalla BE IT RESOLVED by the Mayor and Council of the Borough of Waldwick that Taher Rizkalla is hereby appointed as a per diem Crossing Guard effective September 10, 2024; and, BE IT FURTHER RESOLVED that Taher Rizkalla shall serve at an hourly rate of $21.81. 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 September 10, 2024. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2024-240 Cancellation and Refund of Taxes, Block 73.07/Lot 5 WHEREAS, David Sebastian Scarlett, who resides at Block 73.07 Lot 5, 39 Duncan Street, a 100% Disabled Veteran as so stated by the Department of Veterans Affairs, and, WHEREAS, this parcel becomes eligible for this exemption as of September 1, 2024. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Borough of Waldwick hereby authorize the Tax Collector to cancel the taxes 4th quarter taxes a partial refund of the 3rd quarter taxes in the amount of $1,114.70. Furthermore, we authorize the Tax Collector to cancel the taxes for first and second quarter taxes for Tax Year 2025; and, BE IT FURTHER RESOLVED, that said property shall remain exempt as long as it qualifies for the 100% Disabled Veterans exemption pursuant 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 September 10, 2024. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2024-241 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 September 10, 2024. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk PUBLIC HEARING OF AN ORDINANCE Date: September 10, 2024 Clerk read the ordinance by title Ordinance No. 2024-#26 - AN ORDINANCE AMENDING CHAPTER 48 – FEES, SECTION 97-123.4 ZONING – OUTDOOR CAFÉ PERMIT FEE TO INCREASE FEE COLLECTED 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-#26 AN ORDINANCE AMENDING CHAPTER 48 – FEES, SECTION 97-123.4 ZONING – OUTDOOR CAFÉ PERMIT FEE TO INCREASE FEE COLLECTED BE IT ORDAINED that the Municipal Council of the Borough of Waldwick hereby amends Chapter 48 – Fees, Section 97-123.4 Zoning – Outdoor Café Permit fee. The changes to Code of the Borough of Waldwick below shows deletions to the code in strikethrough and additions in underline as follows: §48:97-123.4 Zoning - Outdoor Café Permit fee. The fee for an outdoor café permit shall be $75 $100.00 per season and there shall be no proration of the fee for any shorter period of time for which a license is obtained. BE IT FURTHER RESOLVED that the ordinance shall take effect upon publication and adoption as required by law. PUBLIC HEARING OF AN ORDINANCE Date: September 10, 2024 Clerk read the ordinance by title Ordinance No. 2024-#27 - ESTABLISHING A NEW CHAPTER 90, ENTITLED “TREES AND SHRUBS”, OF CODE OF THE BOROUGH OF WALDWICK TO REGULATE THE REMOVAL AND REPLACEMENT OF TREES 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-#27 ESTABLISHING A NEW CHAPTER 90, ENTITLED “TREES AND SHRUBS”, OF CODE OF THE BOROUGH OF WALDWICK TO REGULATE THE REMOVAL AND REPLACEMENT OF TREES WHEREAS, the Borough of Waldwick is required by our MS4 Permit to adopt an ordinance regulating the removal and replacement of trees within the Borough. NOW THEREFORE, BE IT ORDAINED by the Governing Body of the Borough of Waldwick, in the County of Bergen, State of New Jersey, as follows: SECTION 1. There is hereby created a new Chapter 90 entitled “TREES AND SHRUBS” of the Code of the Borough of Waldwick to read as follows: CHAPTER 90 TREES AND SHRUBS ARTICLE I TREE PROTECTION REMOVAL & REPLACEMENT § 90-1. Purpose. A. The Borough Council finds that the preservation, maintenance, protection, and planting of trees aids in the stabilization of soil by the prevention of erosion and sedimentation; reduces stormwater runoff and the potential damage it may create; aids in the removal of pollutants from the air and assists in the generation of oxygen; provides a buffer and screen against noise and pollution; provides protection against severe weather; aids in the control of drainage and restoration of denuded soil subsequent to construction or grading; provides a haven for birds and other wildlife and otherwise enhances the environment; protects and increases property values; preserves and enhances the Borough's physical and aesthetic appearance; and generally protects the public health and safety as well as the general welfare. It is the intent, therefore, of this article to regulate and control the indiscriminate and excessive cutting of Qualified Trees in the Borough. It is the further intent of this article to preserve and build around trees whenever possible. B. Trees are declared important cultural, ecological, scenic, and economic resources. It is recognized that there is a strong relationship between the integrity of the Borough's water resources, development on steep slopes, tree removal, soil disturbance, stormwater management, and the general use of the land resources, and a correlation between increased air pollution and high-density residential and commercial or industrial uses. Therefore, the Borough finds that the appropriate management of these resources is an important health, safety, and general welfare concern. C. When Qualified Trees must be removed, the intent of this chapter is to provide for the planting of replacement trees in place of those lost Qualified Trees, not necessarily in kind or even on the same site, but throughout the Borough to maintain the Borough's tree stock for future generations to enjoy. § 90-2. Definitions. DEAD TREE – A tree that has ceased to function physiologically. Such a tree is typically devoid of leaves and may have lost bark. DBH (DIAMETER AT BREAST HEIGHT) – The diameter of a tree trunk, when measured at a height of 4.5 feet above the ground at the base of the tree, calculated as the circumference (or girth) of the tree divided by pi (3.1416). On sloping ground, the "above ground" reference point is the average between the highest and lowest points of the ground at the base of the tree. If the DBH point falls on a swelling in the trunk, it is measured below the swelling point where the diameter is the smallest. In the case of trees with multiple trunks, the DBH of the trunk with the greatest diameter shall be measured for permit purposes. DISEASED TREE – A tree terminally infested with fungus, virus, or insects. DRIPLINE – The circular area surrounding a tree, the radius of which area shall be the distance from the trunk of the tree to the tip of the outermost branch of the tree but in no case shall the dripline on any tree be less than ten (10) feet. HAZARD TREE – means a tree or limbs thereof that meet one or more of the criteria below. Trees that do not meet any of the criteria below and are proposed to be removed solely for development purposes are not Hazard Trees. • Is obviously dead; • Is dying as determined by a Licensed Tree Expert; • Has an infectious disease or insect infestation as determined by a Licensed Tree Expert; • Obstructs the view of traffic signs or the free passage of pedestrians or vehicles, where pruning attempts have not been effective; • Is causing obvious damage to structures (such as building foundations, sidewalks, etc.); or • Is determined to be a threat to public health, safety, and/or welfare by a Licensed Tree Expert or the Borough Engineer. INVASIVE SPECIES - all native and non-native vines and vegetation that grow out of place and are competitive, persistent and pernicious, or trees which are native or non-native to this country or region of the country, whose vines produce chemicals that prevent the growth of other plants and serve as a primary food source to an invasive species of insects. These plants and trees may damage other trees, vegetation or structures. LICENSED TREE EXPERT or LICENSED TREE OPERATOR – An individual licensed as a tree expert or a tree operator by the State of New Jersey after successfully passing an examination administered by the Board of Tree Experts or the equivalent ISA Arborist certification. QUALIFIED TREE – Any deciduous tree on any land within the Borough with a diameter measured at breast height (DBH) of eight inches or greater or any coniferous tree with a height of 20 feet or greater. The following tree conditions exempt the tree from being classified as a Qualified Tree for the purpose of this Chapter. A. All trees to be removed by the Borough of Waldwick, the County of Bergen, and the State of New Jersey or any of its political subdivisions pursuant to the law. B. Removal of invasive species. C. Pruning or the removal of trees within the right-of-way recognized and accepted by public utility companies for the conveyance of their services for the purpose of maintenance of said utility wires, cables, or pipelines with their attendant appurtenances. This shall also include trimming or removing trees that obstruct municipal signage, traffic control devices, and compromised sight angles at intersections and roadways for the public's safety. D. Any Hazard Tree as defined above. REPLACEMENT TREE – Any tree proposed to be considered a replacement for a Qualified Tree removed under a permit. § 90-3. Cutting or removal of a tree. A. No person shall: (1) Cut down, destroy, remove, or allow or cause such cutting, destruction, or removal of any Qualified Tree except as permitted by this article. (2) Cause or allow any willful damage, injury, or disfigurement of any Qualified Tree growing within the Borough. For purposes of this subsection, the actions of any person shall be deemed willful if the damage, injury or disfigurement of any tree is caused as a result of, but not limited to, the following: cutting, gashing, nailing (exception for Borough authorized marking of trees), spiking or slitting of any tree; pouring any liquid or other material on any tree or upon the nearby ground; construction or placement of any nonporous material on the ground around any tree so as to cut off air, light or water from the roots; or placement or removal of any soil from within 10 feet of any tree; painting (exception for trailblaze markers) or marking with any permanent compound even if such compound would not cause the death of the tree. (3) Store or pile building material or debris or place construction equipment within 10 feet of any tree. B. Any term or provision of this article that contemplates, directs, regulates, or prohibits the doing of any act may, in applicable cases and where the context so requires, be construed to include the causing, allowing, permitting, or suffering of such act to be done by others under the direction, control or supervision of the person charged therewith. Every such act shall be deemed to be within the scope of this article. § 90-4. Protection of trees during construction. A. Before construction begins, the developer shall erect snow fencing or other protective barriers around all mature trees not approved for removal during construction and to delineate the limit of disturbance. Such barriers shall be placed at least 10 feet from the trunk of any tree and shall remain in place until the Construction Code Official authorizes the removal of the protection after issuance of a certificate of occupancy or temporary certificate of occupancy. No equipment, chemicals, soil deposits, or construction materials shall be placed within any area so protected by barriers, nor shall any attachments or wires be attached to any trees so protected. Any landscaping activities subsequent to the removal of barriers shall be accomplished with light machinery or hand labor. (1) A description of the existing tree protective barrier shall be provided on all major applications. The protective barrier shall be four feet high. (2) The protective barrier where practical shall be placed at the dripline of any tree along the limit of clearing and around the entire tree dripline so that trees remain undisturbed within the limit of clearing. B. In the event that any Qualified Tree to be protected in connection with construction as set forth above shall die during construction or within two years after the closure of the permit, it shall be replaced by the applicant or property owner upon written notification by the Borough within 60 days on a 1-for-1 basis unless impractical due to weather conditions. § 90-5. Other restrictions. A. It shall be unlawful for the owner or occupant of any lands within the limits of the Borough to permit to exist or harbor tent caterpillars, gypsy moths, or any other insect detrimental to the health and wellbeing of a tree on such premise after being noticed of such by certified mail return receipt requested. Any firm retained to eradicate insects in or on trees shall be duly licensed for such tasks by the New Jersey Department of Environmental Protection. B. It shall be expressly prohibited anywhere within the public rights-of-way and public properties of the Borough to affix a sign or any other device to a tree of any size by means of any type of fasteners, including but not limited to nails, screws, or bolts. C. It shall be expressly prohibited in the Borough to fasten any rope, wire, or cable to a tree within the public right-of-way for any reason other than for staking stabilization purposes of the tree in accordance with standard arboriculture practices. D. No person shall hitch or fasten an animal to any tree or shrub within a public right-of-way or any guard or support provided for such tree or shrub or permit an animal to bite or otherwise injure any such tree or shrub. E. No person shall permit or cause to be permitted the discharge or release of any liquid, gas, or solid compound containing injurious chemicals to come in contact with the stalk, leaves, bark, or roots of any tree or shrub within the public right-of-way. F. During the execution of any work on trees on public lands in the Borough, other than for tree removal, no gaffs or spikes shall be permitted to be used by a climber to ascend a tree. G. It shall be expressly prohibited in the Borough to alter or prune any tree within the public right-of-way or the conditions surrounding a tree in the public right-of-way in a manner that may reduce its viability and life span. § 90-6. Sidewalk construction and driveway enlargement. A. When a sidewalk is constructed or being reconstructed due to defects within the public right-of-way, the party responsible for the work (i.e., the adjacent property owner) shall coordinate all work that may affect the root systems of trees within the public right-of-way with the Borough's Engineer or their designee. Such responsible party shall be required to notify the Borough Engineer prior to the commencement of any such work. B. No tree, tree root, or roots shall be cut or removed for sidewalk construction, reconstruction, or driveway enlargement within the public right-of-way without first obtaining written authorization from the Borough Engineer. Said authorization shall be appended to either the zoning review of the proposed work or a curb and sidewalk work or driveway enlargement permit issued by the Borough Engineer. C. Any tree within the public right-of-way removed for a driveway enlargement or construction shall be considered a Qualified Tree and replaced in accordance with the provisions of this Chapter. D. The Borough Engineer or their designee shall have authority to determine in such instances covered in this section whether root grinding, a tree's removal, a "round out" or "bump out" is warranted for trees within the public right-of-way, with the goal to preserve trees as best as possible. Defective sidewalk slabs within five feet of a tree shall be removed, and a new slab cast (at the property owners’ expense) in accordance with the Borough Engineer's directive. E. Any tree roots cut, damaged, or removed in the public right-of-way without the Borough Engineer's or their designee's authorization shall be deemed a violation of this chapter. § 90-7. Permit requirements for Qualified Tree removal. A. Any Qualified Tree in the Borough that is desired to be removed shall require a permit issued by the Building Department. C. No permit shall be issued for the removal of any Qualified Tree unless all taxes and other municipal charges levied against the property are current. D. All applications to the Borough Planning Board, Zoning Board of Adjustment, Building Department, or the Borough that propose removing any Qualified Trees shall require a permit. E. Any application for a Qualified Tree removal permit, whether in conjunction with a major or minor subdivision application, major or minor site plan application, or other private property improvement, shall be submitted to the Building Department for review and subsequent action. The Building Department shall coordinate all applications with the appropriate land use board, if necessary. § 90-8. Tree removal permit. A. Tree removal permits for Qualified Trees shall contain the following: An application for a tree removal permit shall be filed with the Building Department to remove any Qualified Trees and to determine any applicable exemptions. The tree removal permit fee shall be $50 per tree to be removed. Trees determined to be a Hazard Tree shall require a permit but not require a permit fee. A tree removal permit shall be valid only for the location (property) for which the application is made. The permit shall not authorize trespass on any adjoining property. Applications shall provide the following information: (1) If using a Licensed Tree Expert for any determinations regarding trees, provide their name, address, title, and license number. (2) The lot and block or lots and blocks of the proposed Qualified Tree removal work. The street address of the proposed work. The identity of the owner(s) of the land where the work is proposed. (3) A sketch of the property, preferably on a property survey, depicting the location of the Qualified Tree on the property (front yard, rear yard, side yard). (4) The purpose or reason for the removal of the Qualified Trees. (5) List the number of Qualified Trees being removed by species and size (diameter at breast height). (6) Proposed start date of the work. Proposed date of completion. (7) A plan for either replacing or offsetting the Qualified Trees proposed to be removed with the replacement tree's location on the property. B. The applicant shall place a one-inch-wide red, yellow, or blue ribbon around the trunk of each tree to be removed at a height of 4 1/2 feet above the ground so that the proposed tree removal may be inspected in the field by the Borough. C. A permit shall be issued or denied by the Building Department within 20 business days of submission of an application for a permit based upon the Borough Engineer's final assessment. D. All permits shall be visibly displayed on the subject property until project completion. E. All tree removal permits shall expire one year from the date of issuance. If the approved tree removal has not occurred within one year, a new permit must be applied for and is subject to the payment of new application fees. § 90-9. Replacement Tree requirements. A. When a tree removal permit is filed to remove a Qualified Tree, the applicant shall provide for a Replacement Tree. Replacement Trees shall be provided on a one per two thousand five (2,500) square feet of unimproved coverage of the entire lot (including front yards) for Qualified Trees removed. A minimum of one Replacement Tree per application shall be required not to exceed a 1-for-1 replacement. B. Placement of Replacement Trees is preferred in the front yard (outside the Borough right-of-way) if no shade trees currently exist in the front yard unless deemed infeasible by the Borough Engineer. C. If the applicant cannot provide suitable land for a Replacement Tree(s), the applicant shall be required to remit an amount for each Qualified Tree removed to the Borough's Replacement Tree Fund. The value for a Replacement Tree is set at $450 per tree. D. All funds in the Borough’s Tree Replenishment Trust Fund shall be used to purchase, plant and maintain trees within the public rights-of-way throughout the Borough, public parks, Green Acres listed open space areas, stream bank restoration/protection projects or any other location publicly owned at the determination of the Borough Administrator, all to help maintain the Borough's tree stock. E. All replacement deciduous trees shall have a DPM of not less than a two- inch caliper. All replacement coniferous trees shall have a height of at least 10 feet. F. Replacement Trees shall be planted within one year of the tree removal. Failure to plant a Replacement Tree within one year shall result in a monetary penalty equal to the value of a replacement tree plus 20%, which shall be placed against the property as a municipal lien and subject to collection by the Tax Collector. G. No permit is required to plant a tree if a property owner desires to do so. The Borough would appreciate notification of any tree plantings to help track the health of the Borough's tree canopy. § 90-10. Exemptions from replacement requirements. The following Qualified Tree conditions shall be exempt from the provisions of § 90-9. If a tree is deemed exempt, its removal shall require a removal permit but shall not require a Replacement Tree. An application shall be made to determine if the tree is exempt prior to any action being taken unless an emergency exists. A. The removal of any tree or trees growing inside the following limits of disturbance for construction on any site (UCC, engineering or septic permit required): 1. 20 feet from any foundation or footing. 2. 10 feet from any septic component, drywall, driveway, patio, walkway, utility trenching, or shed. 3. 20 feet from any swimming pool coping and 10 feet from the pool equipment utilities. 4. 10 feet from any retaining wall. 5. Measurement shall be from the proposed structure to the nearest part of the tree trunk measured at the base of the tree at ground level B. The removal of any tree or trees growing on or over the public right-of-way or public land with the consent of the Borough's Engineer or their designee. C. The removal of any tree(s) that meet the definition of a Hazard Tree pursuant to this Article. § 90-11. Appeal of rejection of tree removal permits. Any applicant aggrieved by the Borough Engineer's rejection of an application for a tree removal permit or other determination made under this article may appeal the determination to the Planning Board by filing the appeal with the Secretary of the Planning Board within ten days of the determination of the Borough Engineer. Said appeal shall be accompanied by a fee of $250. The Planning Board shall hear the appeal within 45 days. It may affirm, reverse, or modify the determination of the Borough Engineer by setting forth a resolution with the Board's holding and the reasons for its result. § 90-12. Tree removal contractor requirements; registration; notice and deadlines. A. All tree contractors must register with the Borough and pay a registration fee of $250 annually to conduct business within the Borough during the calendar year. B. All tree contractors operating within the Borough shall be licensed in accordance with the NJ Tree Experts and Tree Care Operators Licensing Act, maintain the required insurance, hold a valid registration with the Borough, and display proof of same on each of their vehicles operating in the Borough. C. All tree removal contractors shall carry and provide proof of at least the following minimum insurance coverage: $2,000,000 property damage and bodily injury insurance per incident; $300,000 automobile insurance per incident; and workers' compensation insurance in such amounts as required by law. All tree removal contractors shall require their insurers to provide the Borough with a minimum of 30 days advance notice of the cancellation of any required coverage. Upon the cancellation of any required insurance coverage, the tree removal contractor's registration shall automatically be suspended, and the tree removal contractor shall be prohibited from performing thereafter. Upon the submission of satisfactory proof of insurance coverage, licensure in accordance with the New Jersey Tree Experts and Tree Care Operators Licensing Act, and a certification that the tree removal contractor has read, understands, and will comply with all requirements of this rule, then the Borough Clerk shall register the tree removal contractor as approved to do business in the Borough. D. Within 30 days of adopting this article, the Borough Clerk shall mail a copy of this Ordinance to persons and entities known to be in the business of maintaining, cutting, or removing trees within the Borough. E. Within 30 days thereafter, any company desiring to maintain, cut, or remove trees within the Borough shall register with the Borough. § 90-13. Enforcement; violations and penalties. A. Any person, firm, partnership, corporation, association, or other legal entity violating any of the provisions of this article shall, upon conviction of such violation, be punished by a fine not be less than the cost of each Replacement Tree installed, plus a penalty of $500, plus court costs, in addition to the required mitigation for each tree illegally removed. Each illegally removed or damaged tree shall constitute a separate offense. Violations of this ordinance shall be heard in the municipal court of any other court of competent jurisdiction. B. The Zoning Official, Construction Code Official, Director of Public Works, Borough Engineer, Borough Administrator, and police officers all have full authority to enforce the provisions of this article, including the power to enter upon private property to make inspections, issue summonses or complaints; and issue cease-and-desist notices and stop-work orders. C. The Borough shall suspend the registration of any tree removal contractor who has submitted a fraudulent tree removal permit application or a false tree certification(s) for up to three months. Subsequent offenses may require revocation of Borough registration and shall disqualify the tree removal contractor from obtaining a license to operate in the Borough for a period of five years. D. Noncompliance with the provisions of this article may be grounds for denying registration to a tree removal contractor. SECTION 2. If any section, sub-section, paragraph, sentence, or any other part of this ordinance is adjudged unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remainder of this ordinance. SECTION 3. All ordinances or parts of ordinances that are inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency. SECTION 4. This ordinance shall take effect after final adoption and publication and otherwise as provided by law. PUBLIC HEARING OF AN ORDINANCE Date: September 10, 2024 Clerk read the ordinance by title Ordinance No. 2024-#28 - AMENDING CHAPTER 94-2, ENTITLED “WATER AGENT: APPOINTMENT; TERM OF OFFICE”, OF 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: _____ _____ _____ _____ _____ _____ _____ Brennecke Cericola Martinello Ramundo Ritchie Weber Giordano Ordinance No. 2024-#28 AMENDING CHAPTER 94-2, ENTITLED “WATER AGENT: APPOINTMENT; TERM OF OFFICE”, OF CODE OF THE BOROUGH OF WALDWICK WHEREAS, the duties and responsibilities of the “Water agent” for the Borough of Waldwick are under the auspices of the Chief Financial Officer; and, WHEREAS, the Borough wishes to clarify that section of the Borough Code to reflect the same. NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the Borough of Waldwick, in the County of Bergen, State of New Jersey, as follows: Section 94-2 be amended as follows: § 94-2 Water Agent; Designation appointment; term of office The Chief Financial Officer of the Borough shall be the water agent and all duties and responsibilities shall fall under the title of the Chief Financial Officer BE IT FURTHER ORDAINED, If any section, sub-section, paragraph, sentence, or any other part of this ordinance is adjudged unconstitutional or invalid, such judgment shall not affect, impair, or invalidate the remainder of this ordinance. BE IT FURTHER ORDAINED All ordinances or parts of ordinances that are inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency. BE IT FURTHER ORDAINED This ordinance shall take effect after final adoption and publication and otherwise as provided by law. PUBLIC HEARING OF AN ORDINANCE Date: September 10, 2024 Clerk read the ordinance by title Ordinance No. 2024-#29 - AN ORDINANCE AMENDING ORDINANCE NO. 2024-#05, FIXING THE COMPENSATION, SALARIES AND WAGES OF OFFICIALS AND EMPLOYEES OF THE BOROUGH OF WALDWICK TO ADD THE TITLE WATER AGENT TO THE CHIEF FINANCIAL OFFICER/TAX COLLECTOR POSITION TITLE 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-#29 AN ORDINANCE AMENDING ORDINANCE NO. 2024-#05, FIXING THE COMPENSATION, SALARIES AND WAGES OF OFFICIALS AND EMPLOYEES OF THE BOROUGH OF WALDWICK TO ADD THE TITLE WATER AGENT TO THE CHIEF FINANCIAL OFFICER/TAX COLLECTOR POSITION TITLE BE IT ORDAINED that the Municipal Council of the Borough of Waldwick, the County of Bergen and State of New Jersey hereby amends Ordinance No. 2024-#05 Fixing the Compensation, Salaries and Wages of Officials and Employees of the Borough of Waldwick to add the title of Water Agent to the Chief Financial Officer/Tax Collector Position Title as follows: POSITION TITLE (2) FINANCIAL ADMINISTRATION CHIEF FINANCIAL OFFICER/ TAX COLLECTOR/WATER AGENT

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