TOWNSHIP OF WEST CALDWELL PUBLIC MEETING MINUTES JULY 1, 2014

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1 TOWNSHIP OF WEST CALDWELL PUBLIC MEETING MINUTES JULY 1, 2014 A Regular Meeting of the West Caldwell Mayor and Council, in the County of Essex, New Jersey, was held in the Public Meeting Room, 30 Clinton Road, West Caldwell, New Jersey, on Tuesday, July 1, 2014 at 7:15 P.M. The Township Clerk announced that adequate notice of this meeting has been provided in accordance with the Open Public Meetings Act. PRESENT: ABSENT: OTHERS PRESENT: Councilmen Otterbein, Cecere, O Hern, Wolsky and Docteroff Mayor Tempesta and Councilman Hladik Adam Brewer, Township Administrator Paul G. Jemas, Municipal Attorney Mary S. Donovan, Township Clerk Pledge of Allegiance APPROVAL OF MINUTES: On the recommendation of Councilman O Hern, seconded by Councilman Cecere, it was regularly moved that the Minutes of the Regular Meeting held on Tuesday, June 17, 2014 be accepted as amended. Upon the vote being polled, Councilmen Otterbein, Cecere, O Hern, and Docteroff voted in the affirmative with Councilman Wolsky abstaining because of absence. BILLS ORDERED PAID: It was regularly moved by Councilman Wolsky, seconded by Council President Otterbein, that the Bill List as submitted by the Chief Financial Officer be attached to the Minutes and be paid and the Mayor, Clerk and Treasurer be authorized to sign the necessary warrants for their payment. Upon the vote being polled, Councilmen Otterbein, Cecere, O Hern, Wolsky and Docteroff voted in the affirmative. PROPOSED CONSENT AGENDA: It was regularly moved by Councilman Cecere, seconded by Councilman Wolsky, that the thirteen Resolutions on the Agenda this evening be read by consent. Upon the vote being polled, Councilmen Otterbein, Cecere, O Hern, Wolsky and Docteroff voted in the affirmative. The Township Clerk read the following thirteen Resolutions by Consent, attached and made part of these Minutes: No RESOLUTION AUTHORIZING BERGEN COUNTY Y FOR AN ON PREMISE DRAW RAFFLE, JULY 14, 2014, LICENSE NO. 366, ID NO WHEREAS, Bergen County Y, has submitted a Raffle License Application No. RA 366, ID No , for an on premise draw raffle to be held on July 14, 2014; and, NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of West Caldwell, hereby approves Raffle License Application No. RA 366; and, BE IT FURTHER RESOLVED that said license shall be issued subject to all rules and regulations of the Legalized Games of Chance Control Commission of the State of New Jersey.

2 No RESOLUTION AUTHORIZING BERGEN COUNTY Y FOR AN OFF PREMISE 50/50 RAFFLE, JULY 14, 2014, LICENSE NO. 367, ID NO WHEREAS, Bergen County Y, has submitted a Raffle License Application No. RA 367, ID No , for an off premise 50/50 raffle to be held on July 14, 2014; and, NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Township of West Caldwell, hereby approves Raffle License Application No. RA 367; and, BE IT FURTHER RESOLVED that said license shall be issued subject to all rules and regulations of the Legalized Games of Chance Control Commission of the State of New Jersey. No By: Mr. Cecere RESOLUTION APPOINTMENT OF THOMAS TYRRELL, DANIEL MCCARTHY AND PATRICK O'HERN AS AUXILIARY FIREFIGHTERS OF THE WEST CALDWELL VOLUNTEER FIRE DEPARTMENT. RESOLVED, on the recommendation of the Chief of the West Caldwell Volunteer Fire Department that the following be designated as Auxiliary Firefighters for the West Caldwell Volunteer Fire Department, effective July 1, 2014: Thomas Tyrrell, 42 Sylvan Way, West Caldwell, NJ, Daniel McCarthy, 22 Thrumont Road, West Caldwell, NJ Patrick O'Hern, 91 Deerfield Road, West Caldwell, NJ. No By: Mr. Cecere RESOLUTION APPOINTING SEAN MICHAEL HIGGINS AS POLICE DISPATCHER FOR THE TOWNSHIP OF WEST CALDWELL. WHEREAS, the Township of West Caldwell desires to appoint a Police Dispatcher; and WHEREAS, Sean Michael Higgins, 2 Post Brook Road North, West Milford, NJ 07480, is willing and able to serve as a Police Dispatcher in the Police Department of West Caldwell; and; NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of West Caldwell, in the County of Essex, as follows: Sean Michael Higgins is appointed as Police Dispatcher, effective July 7, 2014, at a salary of $29,400, in accordance with the salary ordinance No By: Mr. Wolsky RESOLUTION AUTHORIZING ESTABLISHMENT OF A CASH MANAGEMENT PLAN AND NAMING OFFICIAL DEPOSITORIES FOR THE TOWNSHIP OF WEST CALDWELL FOR WHEREAS, N.J.S.A. 40A:5-14 mandates that the Governing Body of a municipal corporation shall, by resolution passed by a majority vote of the full membership thereof, designate as a depository for its monies a bank or trust company having its place of business in the state and organized under the laws of the United States or this state; and WHEREAS, N.J.S.A. 40A: amended by Chapter 148, P.L established new requirements for the investment of public funds and adoption of a cash management plan for counties, municipalities and authorities; and WHEREAS, the Mayor and Council of the Township of West Caldwell wish to comply with the above statutes. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Township of West Caldwell adopt the attached cash management plan, including the official depositories for the Township of West Caldwell for the 2014 year.

3 No By: Mr. Wolsky RESOLUTION AUTHORIZING THE CHANGE OF CUSTODIANS OF PETTY CASH FUNDS. WHEREAS, Linda Racioppi was custodian of the Petty Cash Fund in the Office of the Chief Financial Officer, and WHEREAS, April Judge was custodian of the Petty Cash Fund in the Office of the Library, and WHEREAS, in accordance with N.J.S.A. 40:5-21, the Township of West Caldwell is changing custodians to Kayla Kurzeja for the Petty Cash Fund in the Office of the Chief Financial Officer and Samantha McCoy for the Petty Cash Fund in the Office of the Library; and WHEREAS, Kayla Kurzeja and Samantha McCoy are covered by virtue of a blanket bond. NOW, THEREFORE, BE IT RESOLVED that the Township of West Caldwell, County of Essex hereby authorizes such action and two copies of this resolution be filed with the Division of Local Government Services, New Jersey Department of Community Affairs for approval. No RESOLUTION ESTABLISHING SALARIES FOR CERTAIN TITLES IN THE TOWNSHIP OF WEST CALDWELL. WHEREAS, the Township of West Caldwell authorizes non-represented employee salaries for 2014 be as follows: EMPLOYEE TITLE BASE SALARY Accounts Payable Clerk $ 32, Accounts Payable Clerk $ 47, Clerk $ 60, Administrator $ 105, Assistant Administrator $ 5, Assistant Mechanic $ 58, Assistant Prosecutor $ 3, Assistant Recreation Director $ 47, CFO/Treasurer $ 71, Chief Mechanic $ 76, Construction Code Official/Electrical Subcode Official $ 104, Councilman $ 5, Council President $ 5, Court Administrator $ 53, Crossing Guard $ 7, Crossing Guard $ 13, Crossing Guard $ 13, Crossing Guard $ 14, Crossing Guard $ 14, Crossing Guard $ 14, Crossing Guard $ 15, Deputy Clerk $ 65, Dispatcher $ 28, Dispatcher $ 29, Dispatcher $ 29, Dispatcher $ 29, Dispatcher $ 37, Dispatcher $ 38, Deputy Emergency Management Coordinator $ 1, Emergency Management Coordinator $ 9, Facilities Manager $ 81, Fire Chief $ 5, Fire Inspector $ 35, Fire Subcode Official/Fire Official $ 78, Health Officer $ 104, Human Resources Coordinator/Payroll Clerk $ 45, Judge $ 27, Land Use Administrator $ 40, Maintenance Man $ 54,706.73

4 Maintenance Man $ 57, Maintenance Man $ 57, Maintenance Man $ 57, Maintenance Man $ 57, Maintenance Man $ 58, Mayor $ 6, Planning Board Engineer $ 14, Prosecutor $ 19, Public Defender/Tax Attorney $ 5, Public Works Specialist $ 64, Public Works Specialist $ 64, Public Works Specialist $ 65, Recreation Director $ 77, Recycling Coordinator $ 3, Registrar $ 2, Registered Environmental Health Specialist $ 38, Safety Coordinator $ 5, Secretary $ 30, Secretary $ 46, Secretary $ 48, Secretary $ 55, Secretary $ 62, Superintendent of Public Works $ 81, Tax Assessor $ 47, Tax Cashier $ 37, Tax Collector $ 14, Water Cashier $ 35, Water Foreman $ 71, Water Maintenance Man $ 40, Water Maintenance Man $ 58, Water Maintenance Man $ 59, Water Stipend $ 1, Water Stipend $ 2, Water Stipend $ 5, EMPLOYEE TITLE HOURLY RATE Athletic Program Supervisor $ Athletic Program Supervisor $ Building Subcode Official $ Crossing Guard $ Deputy Court Administrator $ Plumbing Subcode Official $ Public Health Nurse $ Violations Clerk $ Zoning Officer $ NOW THEREFORE BE IT RESOLVED by the Township of West Caldwell of Essex County that the Mayor and Council of West Caldwell does hereby authorize the calendar year 2014 salaries for nonrepresented employees to be as stated above. No RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH PIAZZA AND ASSOCIATES FOR THE MANAGEMENT OF THE AFFORDABLE HOUSING PROGRAM. WHEREAS, there exists a need for services in the area of compliance monitoring of residential units in the Township of West Caldwell for 2014 to satisfy its affordable housing obligation as defined by the New Jersey Council on Affordable Housing (COAH); WHEREAS, Piazza and Associates has heretofore satisfactorily provided professional services to municipalities in these and related matters; and NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of West Caldwell, in the County of Essex, as follows:

5 1. The Township of West Caldwell will execute an agreement with Piazza and Associates, 216 Rockingham Row, Princeton, NJ beginning July 1, 2014 through June 30, 2014 and not to exceed $1, All Township officials are hereby authorized and directed to take any and all action necessary and appropriate to effectuate the terms of this Resolution. No By: Mr. Otterbein RESOLUTION AUTHORIZING AWARD OF CONTRACT TO US TANK PAINTING FOR MCKINLEY AVENUE TANK REHABILITATION FOR THE TOWNSHIP OF WEST CALDWELL. WHEREAS, the Township of West Caldwell (referred to as the Township ) solicited bids for the rehabilitation of McKinley Avenue tank in the Township (referred to as the Project ) pursuant to a fair and open process in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.; and WHEREAS, the Notice to Bidders and the Bid Documents have been reviewed by the Township governing body, the Township s staff and the Township s professional consultants including, but not limited to Mumford-Bjorkman Associates, Inc., the consultant to the Township (referred to as the Consultant ); and WHEREAS, the Township received bids in response to the solicitation from five (5) bidders; and WHEREAS, Mumford-Bjorkman Associates, Inc. has recommended to the Mayor and Council that the Township award a contract to US Tank Painting, 900 Rike Drive, Millstone Twp, NJ for the Project in the amount of five hundred ninety-five, eight hundred and sixty-nine thousand and 00/100 Dollars ($595,869.00) WHEREAS, the Township's Chief Financial Officer has certified that sufficient funding is available for this Project. BE IT FURTHER RESOLVED, that the Mayor, the Township Clerk and/or the Township Administrator are hereby authorized and directed to execute, deliver and exchange a contract in a form and with terms consistent with this Resolution, the Bid Notice, the Bid Documents and applicable laws, as approved by the Township Attorney; and BE IT FURTHER RESOLVED, that all Township officials are hereby authorized and directed to take all action necessary and appropriate to effectuate the terms of this Resolution. No By: Mr. Wolsky RESOLUTION AUTHORIZING CERTIFICATION OF EXPENDITURE FOR RECYCLING TAX. WHEREAS, the Recycling Enhancement Act, P.L. 2007, chapter 311, has established a recycling fund from which tonnage grants may be made to municipalities in order to encourage local source separation and recycling programs; and WHEREAS, there is levied upon the owner or operator of every solid waste facility (with certain exceptions) a recycling tax of $3.00 per ton on all solid waste accepted for disposal or transfer at the solid waste facility. WHEREAS, whenever a municipality operates a municipal service system for solid waste collection, or provides for regular solid waste collection service under a contract awarded pursuant to the Local Public Contracts Law, the amount of grant monies received by the municipality shall not be less than the annual amount of recycling tax paid by the municipality except that all grant monies received by the municipality shall be expended only for its recycling program. NOW THEREFORE BE IT RESOLVED by the Township of West Caldwell of Essex County that West Caldwell hereby certifies a submission of expenditure for taxes paid pursuant to P.L. 2007, chapter 311, in 2013 in the amount of $1, Documentation supporting this submission is available at 30 Clinton Road, West Caldwell, NJ and shall be maintained for no less than five years from this date. REA Tax certified by: Nikole H. Monroig, Chief Financial Officer on July 1, No By: Mr. Wolsky RESOLUTION AUTHORIZING REFUNDS, OVERPAYMENTS OR CANCELLATIONS IN THE RECREATION OFFICE. WHEREAS, there is a need to issue refunds for Recreation programs and Pool Utility memberships collected in the Recreation Office as shown below; and

6 WHEREAS, the Director of Recreation recommends the refunds; NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Township of West Caldwell that the proper officers be and they are hereby authorized and directed to transfer funds or issue checks to clear the refunds as shown below: Name Amount Reason Yvonne Van Allen $ Withdrew from baseball camp 455 Passaic Ave West Caldwell, NJ Cathy Caragiulo $55.00 Withdrew from Tennis 2 Reiher Ct West Caldwell, NJ Rosemary Vinitsky $60.00 Withdrew from Swim Lessons 91 Roseland Ave Unit 6 Caldwell, NJ Rosa Biancone $ Withdrew Pool Membership 27 Sanderson Ave West Caldwell, NJ No RESOLUTION AUTHORIZING THE AWARD OF THE CONTRACT FOR CONCESSION PROVIDER FOR THE TOWNSHIP OF WEST CALDWELL GAZEBO CONCERT SERIES CONCERT DATES JULY 10 AND JULY 17, WHEREAS, the Township advertised and received a proposal for concession provider for the Township of West Caldwell Concert Series from the following vendor, Forte Ristorante; and WHEREAS, the Township, in conjunction with the review of the proposals submitted by certain vendors for such concession operations by the Township s staff and the Township s professional consultants, the Township considered and evaluated the proposals submitted on the following award evaluation factors: Basis for Award Evaluation Factors Proposed Concession Fee (price) Relevance and Extent of Qualifications, Experience, Reputation and Training of Personnel to be assigned (management) 25%; and 45%; and Knowledge of the Township of West Caldwell and the subject matter to be addressed under this engagement (technical) 30%. WHEREAS, the Mayor and Council, after carefully considering and evaluating the proposals submitted to the Township in response to the request for proposals and in consultation with and at the evaluation and recommendation of the Township s staff, has determined that and is satisfied with the proposal submitted by Forte Ristorante, as being the proposal which best satisfies the evaluation criteria and the proposal which best serves the interests of the Township and being in conformance with the requirements promulgated pursuant to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.; and WHEREAS, the Township wishes to proceed with this necessary service and for that purpose accepts the proposal submitted by Forte Ristorante. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the Township of West Caldwell, in the County of Essex and State of New Jersey, that the governing body hereby approves of, awards and authorizes the issuance of a license to Forte Ristorante, 182 Bloomfield Avenue, Caldwell, NJ for the concession provider for the Township of West Caldwell Concert Series Concert Dates July 10, 2014 and July 17, 2014, which license will specify and delineate the scope of services as those set forth in Forte Ristorante s proposal, in the amount of One Dollar Donation ($1.00) in the aggregate. BE IT FURTHER RESOLVED, that the Mayor, the Township Clerk and/or the Township Administrator are specifically authorized to execute a license or other form of agreement in a form and with terms consistent with this Resolution and approved by the Township Attorney; and

7 BE IT FURTHER RESOLVED, that the foregoing Resolution will take effect immediately upon passage. No RESOLUTION AUTHORIZING AN EXECUTIVE SESSION FROM WHICH THE PUBLIC IS EXCLUDED. WHEREAS, The Township of West Caldwell (the Township or the public body has been duly created and is validly existing as a public body corporate and politic of the State of New Jersey pursuant to applicable laws of the State of New Jersey; and WHEREAS, The Township constitutes a public body as such term is defined in the New Jersey Open Public Meetings Act, constituting Chapter 231 of the Pamphlet Laws of 1975 of the State of New Jersey, N.J.S.A. 10:4-6 et seq. and the acts amendatory thereof and supplemental thereto (the Open Public Meetings Act ); and WHEREAS, the Open Public Meetings Act permits a public body, as such term is defined therein, to exclude members of the public from portions of any meeting, as such term is defined therein including N.J.S.A. 10:4-12(b) et seq., under certain limited circumstances which include, but are not limited to, (a) a discussion of pending or anticipated litigation in which the public body is or may become a party, or (b) a discussion of any matters which fall within the attorney-client privilege, or (c) a discussion of a collective bargaining agreement including the negotiation of the terms and conditions thereof, or (d) a discussion regarding the purchase, acquisition or lease of real property with public funds or (e) a discussion of involving the employment, appointment or termination of employment of an existing or prospective public officer or employee; and WHEREAS, the governing body of the Township has determined that and is of the opinion that such circumstances presently exist that permit the governing body of the Township to discuss the matters set forth in this Resolution in executive session; and WHEREAS, the matters set forth in this Resolution are within the exceptions and the limited circumstances set forth in N.J.S.A. 10:4-12(b) et seq., the governing body of the Township desires to conduct a portion of the meeting in an executive session from which members of the public will be excluded. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWNSHIP OF WEST CALDWELL, in accordance with the provisions of The Open Public Meetings Act, that the governing body of the Township hereby determines to conduct a portion of the meeting in an executive session from which members of the public will be excluded in accordance with the provisions of Open Public Meetings Act; and BE IT FURTHER RESOLVED, that the aforementioned executive session will be limited to matters relating to the following items and which matters involve, as applicable, pending and anticipated litigation involving or expected to involve the Township, matters which fall within the attorney-client privilege, matters regarding the discussion of a collective bargaining agreement, matters relating to purchase, acquisition or lease of real property with public funds or matters relating to personnel: 1. Potential Litigation Crane s Mill; Al & John Sewer BE IT FURTHER RESOLVED, that the minutes of each executive session will be prepared and maintained by the Township and with regard to each of the matters discussed in executive session; and BE IT FURTHER RESOLVED, that the minutes relating to a particular matter discussed will be made available to members of the public (a) at such time as the matter no longer requires confidentiality as permitted by applicable laws, (b) upon the completion of a pending or anticipated litigation, or (c) upon such matter no longer falling within the attorney-client privilege, (d) upon the completion of a collective bargaining agreement including the negotiation of the terms and conditions thereof, or (e) upon the completion of a purchase, acquisition or lease of real property with public funds, or (f) as such disclosure may otherwise may be required by the Open Public Meetings Act. It was regularly moved by Councilman Cecere, seconded by Councilman Wolsky that the thirteen Resolutions read by consent be adopted as read. Upon the vote being polled, Councilmen Otterbein, Cecere, O Hern, Wolsky and Docteroff voted in the affirmative on all resolutions except Councilmen O Hern abstained on Resolution No and Councilman Wolsky abstained on Resolutions Nos and 9464.

8 COMMITTEE REPORTS: PUBLIC SAFETY COMMITTEE: There was no report. PARKS & RECREATION COMMITTEE: In Councilman Hladik s absence, Councilman Cecere reported reported the following: 1. The Memorial Park playground is getting a lot of use. 2. The Pool had an open house on June 20, 2014 and it was a great success. 3. The July 4 fireworks will be on Friday and urged residents to leave the fireworks to the experts. Councilman Wolsky asked Administrator Brewer to look into a leaning utility pole on Francis and Farrington Streets and Chief Bramhall will be following up with PSE&G also. PUBLIC WORKS & WATER: Councilman Otterbein reported the following: 1. McKinley Avenue Tank painting will begin this summer. 2. Westover Avenue water main replacement will begin on Monday, July 9 and residents should be aware. LEGAL & PERSONNEL COMMTTEE: Councilman O Hern reported the following: 1. Personnel manual is being reviewed and will be sent to the full council soon. 2. Sandy Berardi, an employee of the Township, was congratulated for her 25 years of service to the Township of West Caldwell. Councilman O Hern wished the residents a happy July 4th. FINANCE AND WELFARE: Councilman Wolsky reported the following: 1. The Audit report was presented to Administrator Brewer and CFO Monroig and they were congratulated for their excellent outcomes. COMMUNITY PLANNING, DEVELOPMENT & TECHNOLOGY COMMITTEE: Councilman Docteroff reported the following: 1. There may be some problems with WiFi at the pools. 2. Phase 2 is moving ahead at the pools, which is using photo IDs at the pools and will be done slowly and continue next summer when residents are signing up for the pools. 3. Camp Wyanokie day on June 28 was a great success with 200 people in attendance. Councilman O Hern and his fellow firefighters were thanked for their help at the outing. Councilman Docteroff asked if a banner promoting Camp Wyanokie could be raised at one of the pools and Administrator Brewer indicated he would do so. Councilman Docteroff congratulated the Class of 2014 of James Caldwell High School on their recent graduation. MAYOR S REPORT In Mayor Tempesta s absence, Council President Otterbein wished everyone a happy 4 th of July.

9 INVITATION TO CITIZENS FOR DISCUSSION: There were no comments from the public. ADJOURNMENT: There being no other business, it was regularly moved that the meeting be adjourned. Upon the vote being polled, Councilmen Otterbein, Cecere, O Hern, Wolsky and Docteroff voted in the affirmative. Council adjourned at 7:40 pm. Mary S. Donovan Township Clerk