Council Meeting

REGULAR MEETING AGENDA 1 AGENDA FOR THE REGULAR MEETING OF THE MAYOR & COUNCIL OF THE BOROUGH OF WALDWICK TUESDAY, OCTOBER 8, 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, Borough Clerk Kelley Halewicz and Borough Attorney Craig Bossong. IV. PLEDGE OF ALLEGIANCE, MOMENT OF SILENCE HONORING VETERANS & PRAYER V. PROCLAMATIONS & PRESENTATIONS a. National Breast Cancer Awareness Month Proclamation b. Domestic Violence Awareness Month Proclamation 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 2024-255 Approval of Consent Agenda 2024-256 Approval of Minutes - Regular Meeting & Closed Session Meeting September 24, 2024 2024-257 Support S2103/A971 for Fair Share Affordable Housing Obligations REGULAR MEETING AGENDA 2 2024-258 Approval of Chapter 159 - Community Energy Plan Grant, $10,000.00 2024-259 Appointments to Zoning Board of Adjustment 2024-260 Appointment of Laborer 1 - Keefe Doheny 2024-261 Payment of Vouchers IX. PUBLIC HEARING & ADOPTION OF ORDINANCE(S) X. INTRODUCTION OF ORDINANCE(S) a. Ordinance No. 2024-#30 - AN ORDINANCE AMENDING ORDINANCE NO. 2024-#27 CHAPTER 90, “TREES AND SHRUBS”, ARTICLE I, SECTION 90-8A TREE REMOVAL PERMIT AND SECTION 90-12C TREE REMOVAL CONTRACTOR REQUIREMENTS; NOTICE AND DEADLINES OF CODE OF THE BOROUGH OF WALDWICK b. Ordinance No. 2024-#31 - AMENDING CHAPTER 2, ENTITLED “BOROUGH ADMINISTRATOR” OF CODE OF THE BOROUGH OF WALDWICK TO CREATE A NEW SECTION 2-7.1 ENTITLED “CONFIDENTIAL ASSISTANT” c. Ordinance No. 2024-#32 - 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 CONFIDENTIAL ASSISTANT TO ADMINISTRATIVE/EXECUTIVE SECTION 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, OCTOBER 22, 2024, 7:30 PM, REGULAR MEETING***  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2024-255 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: 2024-255 Approval of Consent Agenda 2024-256 Approval of Minutes - Regular Meeting & Closed Session Meeting September 24, 2024 2024-257 Support S2103/A971 for Fair Share Affordable Housing Obligations 2024-258 Approval of Chapter 159 - Community Energy Plan Grant, $10,000.00 2024-259 Appointments to Zoning Board of Adjustment 2024-260 Appointment of Laborer 1 - Keefe Doheny 2024-261 Payment of Vouchers Approved: ________________________________ Thomas A. Giordano, Mayor I hereby certify that the above Resolution was adopted by the Mayor and Council of the Borough of Waldwick at its Regular Meeting of October 8, 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. 2024-256 Approval of Minutes - Regular Meeting & Closed Session Meeting, September 24, 2024 BE IT RESOLVED that the Mayor and Council of the Borough of Waldwick hereby approve the following Minutes: Regular Meeting September 24, 2024 Closed Session Meeting September 24, 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 October 8, 2024. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2024-257 (Page 1 of 2) Support S2103/A971 for Fair Share Affordable Housing Obligations WHEREAS, the recently adopted Affordable Housing legislation exempts ‘urban aid’ municipalities from their fair share obligation of the regional need for low- and moderate-income housing; and, WHEREAS, the Affordable Housing legislation still requires that the urban aid municipality obligations be calculated and be distributed among the remaining municipalities in their respective zones; and, WHEREAS, there are 62 urban aid municipalities in New Jersey, which include 15 out of the State’s 20 largest cities, as well as more rural municipalities; and, WHEREAS, those 15 cities represent 19.8% of the State’s population; and, WHEREAS, it is contradictory to assume that there is no need for clean, safe, affordable housing, either as new units or redeveloped units, sited in locations where a significant portion of the State’s residents already live and work, whether it is in the largest cities or the smallest hamlets; and, WHEREAS, it is counterproductive to require the State’s most financially challenged residents to seek affordable housing options outside of the municipalities where they currently work, attend school, and have an established family and/or social network; and, WHEREAS, S2103/A971 addresses the hardship imposed on the State’s low- and moderate-income families through the urban aid exemption by requiring all of the State’s municipalities, regardless of urban aid status, be allocated a minimum fair share housing obligation that representing an appropriate portion of the residential need for low- and moderate-income housing. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of Borough of Waldwick hereby support S2103/A971 and the requirement for all municipalities in New Jersey to bear their fair share of the affordable housing obligations in New Jersey; and, BE IT FURTHER RESOLVED that a copy of this resolution be sent to the members of the Senate Community and Urban Affairs Committee; the members of the Assembly Housing Committee; all Municipal Clerks in New Jersey; and the New Jersey League of Municipalities.  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2024-257 (Page 2 of 2) Approved: ________________________________ Thomas A. Giordano, Mayor I hereby certify that the above Resolution was adopted by the Mayor and Council of the Borough of Waldwick at its Regular Meeting of October 8, 2024. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2024-258 (Page 1 of 2) Approval of Chapter 159 - Community Energy Plan Grant, $10,000.00 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 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 $10,000.00 grant from the Board of Public Utilities 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 $10,000.00 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: BPU - Community Energy Plan Grant BE IT FURTHER RESOLVED that the like sum of $10,000.00 hereby be appropriated under the caption of: General Appropriations: (A) Operations Excluded from CAPS Public & Private Programs Offset by Revenues: BPU - Community Energy Plan Grant 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 NO. 2024-258 (Page 2 of 2) Approved: ________________________________ Thomas A. Giordano, Mayor I hereby certify that the above Resolution was adopted by the Mayor and Council of the Borough of Waldwick at its Regular Meeting of October 8, 2024. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2024-259 Appointments to Zoning Board of Adjustment WHEREAS, the Mayor and Council of the Borough of Waldwick accept the resignation of Ken Gurian as a Regular Member of the Zoning Board of Adjustment effective September 23, 2024 and thank Mr. Gurian for his many years of service to the Borough and his continued dedication and service to the Borough as a member of WALVAC. NOW, THEREFORE, BE IT RESOLVED that the Municipal Council of the Borough of Waldwick hereby approve the Mayor Giordano’s recommendation to appoint the following individuals to the Zoning Board of Adjustment effective immediately: Richard Cericola, Regular Member to fill unexpired term October 8, 2024 – December 31, 2027 Phil Centineo, Jr., Alternate No. 1 Member to fill an unexpired term October 8, 2024 – December 31, 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 October 8, 2024. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2024-260 Appointment of Laborer 1 - Keefe Doheny BE IT RESOLVED that the Mayor and Council of the Borough of Waldwick hereby approve the conditional offer to Keefe Doheny for the position of Laborer 1 beginning October 16, 2024; and, BE IT FURTHER RESOLVED that Keefe Doheny is required to meet the conditions contained in the Employee Handbook and Policy and Procedures Manual including a background check, physical and drug test; and, BE IT FURTHER RESOLVED that he shall serve at a salary of $39,341.00. 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 October 8, 2024. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  MAYOR AND COUNCIL OF THE BOROUGH OF WALDWICK Bergen County, New Jersey RESOLUTION NO. 2024-261 Payment of Vouchers Approved: ________________________________ Thomas A. Giordano, Mayor I hereby certify that the above Resolution was adopted by the Mayor and Council of the Borough of Waldwick at its Regular Meeting of October 8, 2024. _________________________________ Kelley Halewicz, RMC/CMC Municipal Clerk  INTRODUCTION OF ORDINANCE Date: October 8, 2024 Mayor Giordano asked the Clerk to read the Ordinance No. 2024-#30 by title: Ordinance No. 2024-#30 - AN ORDINANCE AMENDING ORDINANCE NO. 2024-#27 CHAPTER 90, “TREES AND SHRUBS”, ARTICLE I, SECTION 90-8A TREE REMOVAL PERMIT AND SECTION 90-12C TREE REMOVAL CONTRACTOR REQUIREMENTS; NOTICE AND DEADLINES OF CODE OF THE BOROUGH OF WALDWICK Mayor: A motion is in order to move and pass the ordinance on first reading, and that the Municipal Clerk be authorized to publish said Ordinance and Notice of Hearing in accordance with law, with the Public Hearing on said Ordinance to be held at 7:30 pm or as soon thereafter as the matter may be heard on Tuesday, October 22, 2024. Motion: ______ Seconded: ______ Roll Call: _____ _____ _____ _____ _____ _____ _____ Brennecke Cericola Martinello Ramundo Ritchie Weber Giordano Ordinance No. 2024-#30 AN ORDINANCE AMENDING ORDINANCE NO. 2024-#27 CHAPTER 90, “TREES AND SHRUBS”, ARTICLE I, SECTION 90-8A TREE REMOVAL PERMIT AND SECTION 90-12C TREE REMOVAL CONTRACTOR REQUIREMENTS; NOTICE AND DEADLINES OF CODE OF THE BOROUGH OF WALDWICK WHEREAS, the Borough of Waldwick adopted Ordinance No. 2024-#27 on September 10, 2024 as required by our MS4 Permit; and, WHEREAS, Article I Tree Protection Removal & Replacement, Section 90-8 Tree Removal Permit and Section 90-12 Tree Removal Contractor Requirements; Notice and Deadlines need clarification and amendment. 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: ARTICLE I TREE PROTECTION REMOVAL & REPLACEMENT § 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 application 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. § 90-12. Tree removal contractor requirements; registration; notice and deadlines. C. All tree removal contractors shall carry and provide proof of at least the following minimum insurance coverage: $2,000,000 $1,000,000 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. 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. All ordinances or parts of ordinances that are inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency. This ordinance shall take effect after final adoption and publication and otherwise as provided by law.  INTRODUCTION OF ORDINANCE Date: October 8, 2024 Mayor Giordano asked the Clerk to read the Ordinance No. 2024-#31 by title: Ordinance No. 2024-#31 - AMENDING CHAPTER 2, ENTITLED “BOROUGH ADMINISTRATOR” OF CODE OF THE BOROUGH OF WALDWICK TO CREATE A NEW SECTION 2-7.1 ENTITLED “CONFIDENTIAL ASSISTANT” 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, October 22, 2024. Motion: ______ Seconded: ______ Roll Call: _____ _____ _____ _____ _____ _____ _____ Brennecke Cericola Martinello Ramundo Ritchie Weber Giordano Ordinance No. 2024-#31 AMENDING CHAPTER 2, ENTITLED “BOROUGH ADMINISTRATOR” OF CODE OF THE BOROUGH OF WALDWICK TO CREATE A NEW SECTION 2-7.1 ENTITLED “CONFIDENTIAL ASSISTANT” WHEREAS, with the resignation of the grant administrator, the Governing Body of the Borough of Waldwick is desirous of providing the Borough Administrator with a confidential assistant; and, WHEREAS, the Governing Body deems it desirous to create this position within the Administrator’s Office and has drafted a job description for the position, which shall be an unclassified position under civil service. 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 2-7.1 be created as follows: § 2-7.1 Confidential Assistant A. The Borough Administrator shall be entitled to a Confidential Assistant who shall be appointed by the Governing Body and shall serve at the pleasure of the Governing Body. B. The Confidential Assistant shall perform all the duties described within the job description and such other duties as requested by the Borough Administrator and shall report directly to the Borough Administrator. C. The Confidential Assistant shall be an untenured and unclassified position within Civil Service. D. The Salary of the Confidential Assistant shall be established pursuant to the Borough Salary Ordinance. E. The Confidential Assistant shall be subject to all rules and regulations contained within the Borough’s Employee Handbook. 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; and, 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; and, BE IT FURTHER ORDAINED This ordinance shall take effect after final adoption and publication and otherwise as provided by law.  INTRODUCTION OF ORDINANCE Date: October 8, 2024 Mayor Giordano asked the Clerk to read the Ordinance No. 2024-#32 by title: Ordinance No. 2024-#32 - 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 CONFIDENTIAL ASSISTANT TO ADMINISTRATIVE/EXECUTIVE SECTION 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, October 22, 2024. Motion: ______ Seconded: ______ Roll Call: _____ _____ _____ _____ _____ _____ _____ Brennecke Cericola Martinello Ramundo Ritchie Weber Giordano Ordinance No. 2024-#32 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 CONFIDENTIAL ASSISTANT TO ADMINISTRATIVE/EXECUTIVE SECTION 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 Confidential Assistant to the Administrative/Executive section as follows: (1) ADMINISTRATIVE & EXECUTIVE ADMINISTRATOR/DEPT. HEAD $120,000 $175,000 MUNICIPAL CLERK $83,000 $115,000 CONFIDENTIAL ASSISTANT $65,000 $95,000 GRANTS/DEPT. HEAD $50,000 $76,000 BLDG. MAINT. WORKER $37,000 $50,000 CLERK 1 $40,000 $70,000 The salary for Assessment Search Officer of $1,000 is made a part of the salary of the Borough Clerk.