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«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, ...»

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TOWNSHIP OF WEST CALDWELL

PUBLIC MEETING MINUTES

SEPTEMBER 22, 2015

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, September 22, 2015 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: Mayor Tempesta, Councilmen O’Hern, Cecere, Hladik, Wolsky, Docteroff and Councilwoman Canale.

OTHERS PRESENT: Adam W. Brewer, Business Administrator Mary S. Donovan, Municipal Clerk Paul G. Jemas, Esq., Municipal Attorney Nikole H. Monroig, Chief Financial Officer Alan Abramowitz, Essex County Representative Pledge of Allegiance Mayor Tempesta asked for prayers for Chief Gerard Paris and his family. Mayor Tempesta also asked for prayers for the family of James McHugh, who passed away today.

Councilman Cecere commented on Captain Paris’ history with the West Caldwell Police Department.

Mayor Tempesta recognized the following dignitaries who were present for Police Chief Paris’ swearing in ceremony: Essex County Sheriff Fontura, former Chief Bramhall of West Caldwell, former Chief Tubbs of West Caldwell, Chief Bongiorno of Caldwell, Chief Vincent Kurik of Essex Fells, Chief Mark Duerr of North Caldwell, Chief Cell of Montclair State University, Chief Strumolo of Nutley, Deputy Chief Manna of Fairfield, Chief Sabagh of Montclair, Detective Fox of the US Attorney’s Office, Chief Selel of South Orange, Fire Chief Alvine of West Caldwell, former Montclair Fire Chief Tom Russo, former West Caldwell Fire Chief Jock Watkins, and former councilmen Aiello, Masella and Otterbein and former councilwoman Sutherlin.

Mayor Tempesta explained the process of selecting the new chief Gerard Paris.

No. 9783 By: Mr. O’Hern

SUBJECT: RESOLUTION - PROMOTION OF WEST CALDWELL POLICE CHIEF -

GERARD PARIS.

RESOLVED, on the recommendation of the Public Safety Committee and the West Caldwell Council that the nomination by Mayor Joseph Tempesta, Jr. of Captain Gerard Paris to the position of Chief of the West Caldwell Police Department be confirmed, effective September 22, 2015, at a salary of $141,380.00.

It was regularly moved by Councilman Cecere, seconded by Councilman Hladik that the resolution be adopted.

Upon the vote being polled, Councilmen O’Hern, Cecere, Hladik, Wolsky, Docteroff and Councilwoman Canale voted in the affirmative.

OATH OF OFFICE:

Mayor Tempesta then administered the oath to Captain Paris with his family by his side.

Chief Paris thanked his department for their hard work.

–  –  –

COMMUNICATIONS:

A-1 A communication from Nikole Monroig, Chief Financial Officer, certifying funds are available under the 2015 Budget of Appropriations – September Schedule; further certifying that there will be no over-expenditures of any line item in the Budget as a result of this schedule.

A-2 A communication from Nikole Monroig, Chief Financial Officer, certifying funds are available for resolution no. 9786.

–  –  –

BILLS ORDERED PAID:

It was regularly moved by Councilmen Wolsky, seconded by Council President O’Hern that the Bill List as amended by the Chief Financial Officer be attached to the Minutes and be paid and that the Mayor and Treasurer be authorized to sign the necessary warrants for their payment.

Upon the vote being polled, Councilmen O’Hern, Cecere, Hladik, Wolsky, Docteroff and Councilwoman Canale voted in the affirmative.

APPROVAL OF MINUTES:

On the recommendation of Councilwoman Canale, seconded by Councilman Docteroff, it was regularly moved that the Minutes of the Regular Meeting held on Tuesday, September 8, 2015 be accepted.

Upon the vote being polled, Councilmen O’Hern, Cecere, Hladik, Wolsky, Docteroff and Councilwoman Canale voted in the affirmative.

PENDING ORDINANCES:

The Township Clerk read the title of an Ordinance No. 1775 entitled “ORDINANCE –

AMENDING CHAPTER 11-48 OF THE REVISED GENERAL ORDINANCES OF THE

TOWNSHIP OF WEST CALDWELL TO AUTHORIZE ENFORCEMENT OF THE

PROVISIONS OF TITLE 39 FOR THE PROPERTY DESIGNATED ON THE TAX MAP OF

THE TOWNSHIP OF WEST CALDWELL AS BLOCK 1600, LOT 25, COMMONLY KNOWN AS 1-44, 46, 48 AND 50 MCNISH WAY IN THE TOWNSHIP ”.

WHEREAS, by Resolutions of Memorialization dated August 17, 2009 and October 24, 2011, the Township of West Caldwell Planning Board granted Evans Run Development, LLC (the “Developer”) major reverse subdivision and preliminary and final major site plan approval for the construction and use of the land as a multi-family townhouse development on the property designated as Block 1600, Lot 25, commonly known as 1-44, 46, 48 and 50 McNish Way in the Township (the “Property”) (the “Approval”);





WHEREAS, as a condition of the Approval, the Developer is required to request enforcement of the provisions of Title 39 of the Revised Statutes of New Jersey on the Property in accordance with N.J.S.A.

39:5A-1; and WHEREAS, by letter dated August 14, 2015, the Developer requested that the Governing Body of the Township of West Caldwell cause the enforcement of the provisions of Title 39 to be applied at the Property; and WHEREAS, this request has been reviewed and recommended for adoption by the Township’s Engineer and Officer in Charge and the Governing Body finds it to be in the best interest of the public safety to consent to this request; and WHEREAS, the Governing Body desires to amend Chapter 11-48 of the Revised General Ordinances of the Township of West Caldwell to authorize enforcement of the provisions of Title 39 on the Property.

NOW THEREFORE BE IT ORDAINED, by the Township Council of the Township of West

Caldwell, in the County of Essex, that:

Section 1. Chapter 11-48 of the Revised General Ordinances of the Township of West

Caldwell be and hereby is amended as follows:

[Underlined Text is Added. Strike-Through Text is Deleted].

2 SEPTEMBER 22, 2015

11-48 Title 39 Enforcement Pursuant to N.J.S.A. 39:5A-1, the provisions of Title 39 of the Revised Statutes of New Jersey are hereby

made applicable to the semi-public roads, streets, driveways and parking lots on the following properties:

147 Clinton Road, Block 1501, Lot 2 1104 Bloomfield Avenue, Block 1800, Lots 25 and 26 1-44, 46, 48 and 50 McNish Way, Block 1600, Lot 25 Section 2. All ordinances or part of ordinances of the Township of West Caldwell heretofore adopted that are inconsistent with any of the terms and provisions of this Ordinance are hereby repealed to the extent of such inconsistency.

Section 3. If any article, section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this Ordinance and they shall remain in full force and effect.

Section 4. This Ordinance shall take effect immediately upon passage and publication in accordance with law.

It is hereby certified that at a regular meeting of the Mayor and Council of the Township of West Caldwell, New Jersey being held on the 22nd day of September 2015, the foregoing Ordinance was duly adopted.

Mayor Tempesta stated that this was the time for a public hearing and asked if anyone wished to be heard.

No one responded and it was regularly moved that the Public Hearing be closed.

Upon the vote being polled, Councilmen O’Hern, Cecere, Hladik, Wolsky, Docteroff and Councilwoman Canale voted in the affirmative.

It was regularly moved by Councilman Cecere, seconded by Councilman Hladik that the Ordinance be passed on second reading.

Upon the vote being polled, Councilmen O’Hern, Cecere, Hladik, Wolsky, Docteroff and Councilwoman Canale voted in the affirmative.

CONSENT AGENDA:

Matters listed within the Consent Agenda have been referred to members of the Township Council for reading and study, are considered to be routine and will be enacted by one motion of the Township Council with no separate discussion. If separate discussion is desired, the resolution may be removed and be subject to a separate roll call.

It was regularly moved by Council President O’Hern, seconded by Councilman Cecere, that the ten Resolutions on the Agenda this evening be approved.

Mayor Tempesta asked if any member of the public had any comments on any of items on the Consent Agenda.

–  –  –

WHEREAS, there appears on the tax records overpayments or otherwise as shown below; and WHEREAS, the overpayments were created by the reasons indicated below, and the Collector of Taxes recommends the refund or transfers of such overpayments;

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 refunding such overpayments as hereafter shown below:

–  –  –

SUBJECT: 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 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:

–  –  –

RESOLVED, on the recommendation of Officer in Charge Captain Gerard Paris to award under State Contract No. #A82925 in accordance with N.J.S.A. 40A:11-12 to Winner Ford, 250 Berlin Road, Cherry Hill, New Jersey 08034 for the purchase of two 2016 Ford Interceptors for the West Caldwell Police Department in the amount of $62,726.00.

–  –  –

WHEREAS, the governing body of the Township of West Caldwell authorized an agreement with the County of Essex for a Community Development Block Grant on June 1, 2014 for American with Disabilities Act (ADA) improvements to Memorial Park.

WHEREAS, the governing body wishes to amend their agreement, approved by the County of Essex Board of Chosen Freeholders on December 18, 2014 and amended on May 5, 2015.

NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of West Caldwell, in the County of Essex, as follows.

1. The original contract term shall be extended for an additional period of one hundred twenty-two (122) days from September 1, 2015 to December 31, 2015.

2. All Township officials are hereby authorized and directed to take any and all action necessary and appropriate to effectuate the terms of this Resolution.

–  –  –

BE IT RESOLVED, on the recommendation of the West Caldwell Police Chief, that the nomination by Mayor Joseph Tempesta, Jr., be approved for the appointment of Donna M. Paxson, 3 Reservoir Place, Cedar Grove, New Jersey 07009, as a Crossing Guard for the Township of West Caldwell, effective, September 14, 2015, at a salary of $11,190.14.

–  –  –

SUBJECT: RESOLUTION – AUTHORIZING THE RELEASE OF CLOSED EXECUTIVE

SESSION MINUTES JANUARY 6, 2015 THROUGH SEPTEMBER 2015.

BE IT RESOLVED that the Council of the Township of West Caldwell acknowledges receipt of, has reviewed and approved, with the advice of staff and legal counsel, the Closed Executive Session minutes of Council meetings held on January 6 through September 8, 2015.

–  –  –



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