Borough Council

BOROUGH OF WESTWOOD PUBLIC MEETING OF THE MAYOR & COUNCIL NOVEMBER 24, 2020 MINUTES 7:00 PM CLOSED SESSION/8:00 PM PUBLIC MEETING ZOOM REMOTE MEETING https://us02web.zoom.us/j/87216814499?pwd=VDR3b0syeHNrNWJkSkZpU0pndUxMdz09 Meeting ID: 872 1681 4499 Passcode: 766868 By phone: (646) 558-8656 1. Opening of the Meeting: The meeting was called to order by Mayor Arroyo at 7:00 pm. Mayor Arroyo then read the Open Public Meetings Law Statement: “This meeting which conforms with the Open Public Meetings law, Chapter 231, Public Laws of 1975, is a regularly scheduled remote Borough Council meeting. A revised Annual Schedule of meetings was published in the Record on October 5, 2020, posted on the Borough website and on the door of the Borough Hall in conformance with N.J.A.C. 5:39-1 et seq.” 2. Roll Call: Committee Assignments: Mayor Arroyo – Present Councilmember Bicocchi – Present Land Use Councilmember Collins – Present Public Properties Councilmember Dell – Present Finance, Administration & Capital Projects; Shared Services Councilmember Hodges – Present Health & Recreation Councilmember Murphy – Present Fire & Ambulance Council President Montana - Present Police & Emergency Management Borough Attorney Huntington – Present Borough Administrator Kezmarsky - Present Borough Clerk Hughes – Present 3. Resolution #20 - 215: Executive Closed Session Motion to Approve Resolution #20-242: Councilmember Hodges Second: Councilmember Murphy Roll Call: Councilmember Bicocchi - Yes Councilmember Hodges – Yes Councilmember Collins – Yes Councilmember Murphy - Yes Councilmember Dell – Yes Council President Montana – Yes 4. Motion to reopen the meeting: Councilmember Murphy Second: Councilmember Dell Voice Vote: A voice vote was taken with all present voting in the affirmative. The time was 8:09 pm. 5. Roll Call II: Mayor Arroyo – Present / Councilmember Bicocchi – Present / Councilmember Collins – Present / Councilmember Dell - Present / Councilmember Hodges – Present / Councilmember Murphy - Present / Council President Montana - Present / Borough Administrator Kezmarsky - Present / Borough Attorney Huntington – Present / Borough Engineer Boswell – Present / Borough Clerk Hughes – Present 6. Flag Salute Mayor Arroyo led those present in the salute to the flag. 7. Oath of Office for Councilmember Cheryl Hodges, who had been appointed in January to fill the unexpired Councilmember term of Ray Arroyo, and was duly elected to the vacancy at the November General Election, was administered the Minutes Page 2 Public Meeting of the Mayor and Council November 24, 2020 Oath of Office by Mayor Arroyo. Afterwards she relayed her thanks to the residents, her family, and her fellow Councilmembers. 8. Suspending Regular Order of Business to Address Drone Ordinance At this time there was a motion by Council President Montana and a second by Councilmember Murphy to suspend the regular order of business in order to address Ordinance 20-14. A voice vote was taken with all present voting in the affirmative. Councilmember Collins stated that after much public input via email regarding the drone ordinance, the Governing Body is reconsidering the language and intends to narrow the specific restrictions so that they are directly attributable to the safe operation of the drones while still addressing privacy concerns. 20-14 Revised Ordinance Establishing Chapter 79, Aircraft, Small Unmanned Motion to table Ordinance 20-14: Councilmember Collins Second: Councilmember Bicocchi Roll Call: Councilmember Bicocchi - Yes Councilmember Hodges – Yes Councilmember Collins – Yes Councilmember Murphy - Yes Councilmember Dell – Yes Council President Montana – Yes Councilmember Collins asked for comments on the revised ordinance prior to the next meeting, when it will be reconsidered. When Council President Montana suggested opening the floor to the public for comment, Mayor Arroyo pointed out that the public had not yet seen the revised ordinance. 9. Engineer’s Report 1) Biweekly Report Dr. Boswell reviewed the biweekly report, a copy of which is attached. 2) Landfill Monitoring Dr. Boswell reported that when the vents at the landfill were vacuumed, vents 1 and 2 had the most water. Council President Montana asked if this was indicative of where the problem lies. Dr. Boswell said it might be but more data would be required to determine if there is a pattern. So far the vents that are not inundated with water are the ones that give higher readings. 10. Reports of Committees and Officials, As Needed: A) Mayor’s Report Mayor Arroyo advised that the Planning Board cancelled their November meeting so they will review the pending zoning ordinance on December 3rd, with the Governing Body considering it for adoption on December 15th. He also noted that for the December 1st work session there should be pricing for replacing the storm sewer on Fourth Avenue, and information on tree friendly sidewalk material for Lake Drive. Mayor Arroyo wished everyone a Happy Thanksgiving. B) Council President’s Report Council President Montana wished everyone a Happy Thanksgiving and congratulated the newly elected Councilmembers. Minutes Page 3 Public Meeting of the Mayor and Council November 24, 2020 C) Council Liaison & Committee Reports 1) Finance, Administration and Capital Projects: BD a) Finance Department Councilmember Dell announced that the tax collection rate at 98.7% is better than 2019. The Finance Committee remains diligent against potential negative effects of the pandemic. b) Heritage Society Councilmember Dell advised that the Heritage Society has postponed the train station dedication, although the signs may be installed to capture publicity in a magazine article. The dedication will occur when the pandemic eases up. c) Historic Preservation Commission Councilmember Dell reported that the HPC is discussing the online platform for the self guided walking tour; creating a promotional history video; reviewing and prioritizing the historic property inventory; and investigating the architectural history of Sand Road. She noted the Pride of Place program is postponed to 2021 due to the pandemic. Councilmember Dell congratulated all the newly elected Councilmembers. She wished everyone a safe Thanksgiving. 2) Fire and Ambulance: JM Councilmember Murphy congratulated the newly elected Councilmembers. a) Fire Department. Councilmember Murphy congratulated the newly elected Fire Department officers. She noted they will receive training on the budget, requisitions, and emails. Councilmember Murphy was able to participate in joint Fire Department training with Hillsdale. b) Adopt a Storm Drain Program Councilmember Murphy announced that so far there are six people who have adopted nine of the Borough’s storm drains. c) Shade Tree Committee Councilmember Murphy advised that the Shade Tree Committee would like to see an increase in their budget for additional spring and fall plantings. She is looking forward to hearing about the sidewalk options for Lake Drive that could save a lot of trees. 3) Health and Recreation: CH Councilmember Hodges congratulated Chris and Erin on being reelected. a) Recreation Councilmember Hodges reviewed the various recreation programs and lauded Rec Director Gary Buchheister for his innovation during the pandemic. The Brookside Park light project will be completed next week. The outdoor fitness equipment has been ordered for Westvale Park. The Community Center kitchen renovation went back to the drawing board and will be rebid early next year. The Washington Township football and cheerleading programs merged with Westwood and will work out a structure and use of fields. The Holiday decorating contest will begin soon. Minutes Page 4 Public Meeting of the Mayor and Council November 24, 2020 Recreation is considering a name change since it’s so much more than recreation. Council President Montana commented that Recreation did a great job with the SNAP program when most other special needs agencies have seen total shutdowns and cancellations. b) Board of Health Councilmember Hodges announced that Health Director Sharon Blehl will be retiring March 1, 2021. Councilmember Hodges reviewed the Covid numbers. c) Parking Authority Councilmember Hodges noted that the Park Mobile app is up and running, and peak usage is 12:00 – 2:00. The most popular lots are Center Square and Center North. The Parking Authority is hoping for an increase in commuter parking by the second quarter of 2021. Council President Montana brought up moving the tables at Veterans Park since he’s noticing more cars parking in the lot. Mr. Kezmarsky said they are being left in place until December 1st due to the mild weather, and then discussion ensued about what to do next year. Mayor Arroyo asked Mr. Kezmarsky when the train station will reopen. Mr. Kezmarsky said NJ Transit closed all stations without live attendants back in March, and those stations will remain closed until further notice. 4) Land Use: RB a) Land Use Councilmember Bicocchi confirmed that the Planning Board will review the zoning ordinance at their December meeting. b) Library Councilmember Bicocchi reported that the Library has adopted a strategic plan for 2021-2023, which he will share with the Governing Body and relay any comments back to the Library Board. Councilmember Bicocchi wished everyone a Happy Thanksgiving and congratulated the newly elected Councilmembers. 5) Police and OEM; Shared Services: CM a) Environmental Committee Council President Montana reviewed the Environmental Committee’s 2021 goals. He reported that they have met with Mr. Woods to review the Borough’s recycling program, and want to remind everyone that grocery bags go in the garbage, not in recycling, which is the main reason the Borough’s recycling ends up in a landfill. b) Senior Advisory Committee Council President Montana advised that the Senior Advisory Committee will be discussing transportation at their December meeting. Emerson has contacted Westwood about a shared van service once the pandemic eases. Council President Montana asked for consensus on whether to pursue it; the consensus was yes. c) Police Department Council President Montana reviewed the status of the police officer hiring process. He noted the current 1033 program auction will end December 2nd. Minutes Page 5 Public Meeting of the Mayor and Council November 24, 2020 6) Public Properties: EC a) DPW Councilmember Collins announced that the final day to put leaves on the curb for pickup is December 13th. Mayor Arroyo noted the Borough was able to settle the leaf disposal contract with Northvale in a favorable manner. b) Local Assistance Councilmember Collins reported that the Local Assistance Board coordinating delivery of Thanksgiving turkeys with the help of the Westwood High School football team. Council President Montana commented that Kathie Elgert, Councilmember Collins, and the many volunteers helped make Thanksgiving for 45 families. Councilmember Collins noted that the next endeavor is the coordination of Christmas gifts, for which donations of gift cards would be appreciated. D) Attorney’s Report No report. E) Administrator’s / Clerk’s Report Mr. Kezmarsky congratulated the newly elected Councilmembers. 1) Pandemic Update Mr. Kezmarsky noted that while the building is still closed to the public, everything is in place to reopen once the pandemic trends reverse. All employees are working in house full time, and there are minimal complaints from the public. 2) HVAC Upgrades at Borough Hall Mr. Kezmarsky advised that the HVAC project at Borough Hall is 98% completed. Mr. Kezmarsky wished everyone a Happy Thanksgiving. 11. Agenda/Public Forum: Motion to open Agenda/Public Forum: Councilmember Bicocchi Second: Councilmember Murphy Voice Vote: A voice vote was taken with all present voting in the Affirmative. Emails that were received from the following individuals containing concerns about drone usage restrictions proposed in Ordinance 20-14 were summarized by Mrs. Hughes: Mike Smitsky, Association for Unmanned Vehicle Systems International (AUVSI) Kevin Couglin, Pilot, Small Unmanned Aerial System (sUAS) Vinny Garrison, Flying Films NY Haye Kesteloo, DroneXL Steven Fry, Pilot, Small Unmanned Aerial System (sUAS) Stuart Waldrum Brendan Schulman, DJI Technology, Inc. Rudy Jaeger, 48 James Street, business at 778 Carver Ave – requested a zoning amendment with Minutes Page 6 Public Meeting of the Mayor and Council November 24, 2020 regards to solar panels on the roof of a commercial building. Cody Donovan, 174 Lennox Ave, New Milford – recommended tabling the ordinance until the FAA adopts pending legislation on drones. Chris Dolan, 430 Center Ave, Boy Scout Troop 350 – has been speaking with Councilmember Collins about constructing a walking bridge at Gritman Park as an Eagle Scout project. Mr. Kezmarsky said he has been speaking with Councilmember Collins on it and will be happy to review the details before Mr. Dolan presents the project to the Council at a work session. Motion to close Agenda/Public Forum: Councilmember Murphy Second: Councilmember Dell Voice Vote: A voice vote was taken with all present voting in the affirmative. 12. Ordinances for Introduction/Adoption Ordinances for Introduction 20-18 An Ordinance Amending Chapter 243 Parks and Recreation Areas Schedule A Recreation Department Fees BE IT RESOLVED that Ordinance #20-18 entitled “An Ordinance Amending Chapter 243 Parks and Recreation Areas Schedule A Recreation Department Fees” is hereby introduced by title; and BE IT FURTHER RESOLVED that the Borough Clerk is hereby directed to advertise said ordinance with a December 15, 2020 hearing date in the official newspaper according to law. Motion to pass the ordinance on First Reading: Councilmember Hodges Second: Councilmember Bicocchi Roll Call: Councilmember Bicocchi - Yes Councilmember Hodges – Yes Councilmember Collins – Yes Councilmember Murphy - Yes Councilmember Dell – Yes Council President Montana – Yes _____ Ordinances for Adoption 20-13 An Ordinance Repealing and Replacing Chapter 358, Towing BE IT RESOLVED that Ordinance #20-13 entitled “An Ordinance Repealing and Replacing Chapter 358, Towing” having hereby been read by title, shall have a hearing held on this date. Motion to open the public hearing: Council President Montana Second: Councilmember Bicocchi Voice Vote: A voice vote was taken with all present voting in the affirmative. Public Comments: Council President Montana said there were two emails received: Melissa Miraglio, City Wide Towing – asked if current towers would be grandfathered if they did not meet the mileage requirements of the new ordinance. Michael Salemme, Bergen Brookside Towing – noted there were no fees pertaining to extraordinary recoveries and suggested the ordinance be revised to include the Garden State Towing Association’s rate schedule. Minutes Page 7 Public Meeting of the Mayor and Council November 24, 2020 Council President Montana stated that the ordinance does not grandfather existing towers, and that the Governing Body has already fully addressed fee concerns. Motion to close the public hearing: Councilmember Bicocchi Second: Councilmember Murphy Voice Vote: A voice vote was taken with all present voting in the affirmative. BE IT RESOLVED that an Ordinance known as #20-13 be passed on final reading and that a Notice of Adoption of said Ordinance be published in the official newspaper according to law. Motion for final adoption: Council President Montana Second: Councilmember Dell Roll Call: Councilmember Bicocchi - Yes Councilmember Hodges – Yes Councilmember Collins – Yes Councilmember Murphy - Yes Councilmember Dell – Yes Council President Montana – Yes _____ 20-14 Revised Ordinance Establishing Chapter 79, Aircraft, Small Unmanned This ordinance was tabled earlier in the meeting. _____ 20-15 An Ordinance to Amend Chapter 330 Streets and Sidewalks Article V Street Openings BE IT RESOLVED that Ordinance #20-15 entitled “An Ordinance to Amend Chapter 330 Streets and Sidewalks Article V Street Openings” having hereby been read by title, shall have a hearing held on this date. Motion to open the public hearing: Councilmember Collins Second: Councilmember Dell Voice Vote: A voice vote was taken with all present voting in the affirmative. Public Comments: No comments. Motion to close the public hearing: Councilmember Bicocchi Second: Councilmember Murphy Voice Vote: A voice vote was taken with all present voting in the affirmative. BE IT RESOLVED that an Ordinance known as #20-15 be passed on final reading and that a Notice of Adoption of said Ordinance be published in the official newspaper according to law. Motion for final adoption: Councilmember Collins Second: Councilmember Murphy Roll Call: Councilmember Bicocchi - Yes Councilmember Hodges – Yes Councilmember Collins – Yes Councilmember Murphy - Yes Councilmember Dell – Yes Council President Montana – Yes _____ 13. Presentation of Bills, Financial Reports and Resolutions: Councilmember Dell asked if there were any resolutions to add to the Consent Agenda. She stated that any Councilmembers who wished to remove any Resolution(s) to be voted upon separately could do so at this time, otherwise the Consent Agenda would be enacted in one motion. Resolution e was added at this time. Resolutions as Consent Agenda: a) Resolution #20 - 243: Bill List & Statement of Cash b) Resolution #20 - 244: Authorizing Cancellation of Taxes – Clairmont Avenue B409 L11 c) Resolution #20 - 245: Authorization to Bid Plumbing, Electric and HVAC Services Minutes Page 8 Public Meeting of the Mayor and Council November 24, 2020 d) Resolution #20 - 246: Authorizing RFP For Financial Advisor e) Resolution #20 – 247: Approving the Collective Bargaining Agreement Between the Borough of Westwood and Teamsters Local 125 for the Period January 1, 2020 through December 31, 2024 Motion to Approve Resolutions #20-243 through #20-247: Councilmember Dell Second: Council President Montana Roll Call: Councilmember Bicocchi - Yes Councilmember Hodges – Yes Councilmember Collins – Yes Councilmember Murphy - Yes Councilmember Dell – Yes Council President Montana – Yes 14. Adjournment to Executive Closed Session II: Motion to Approve Resolution #20-248: Councilmember Bicocchi Second: Councilmember Dell Roll Call: Councilmember Bicocchi - Yes Councilmember Hodges – Yes Councilmember Collins – Yes Councilmember Murphy - Yes Councilmember Dell – Yes Council President Montana – Yes 15. Motion to reopen the meeting: Council President Montana Second: Councilmember Dell Voice Vote: A voice vote was taken with all present voting in the affirmative. The time was 8:09 pm. 16. Adjournment: Motion to Adjourn: Council President Montana Second: Councilmember Dell Voice Vote: Voice Vote: A voice vote was taken with all present voting in the affirmative. The time was 9:18 pm. Attest: Karen Hughes, RMC, Borough Clerk Proofed by: Jean-Marie Vadovic, Deputy Clerk