M I N U T E S Regular Council Meeting Council Chambers Monday, November 27, :00pm

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1 M I N U T E S Regular Council Meeting Council Chambers Monday, November 27, :00pm CALL THE MEETING TO ORDER Council President Bromberg called the meeting to order at 8:00 pm in the Council Chambers located at 406 Rivervale Road, River Vale, New Jersey SALUTE TO FLAG Council President Bromberg asked all in attendance to rise and join him in a Salute to the Flag. SUNSHINE LAW STATEMENT ROLL CALL Council President Bromberg read the Sunshine Statement into the record, as follows: In accordance with the provisions set forth in the Open Public Meetings Law, notification of this meeting has been sent to all officially appointed Township newspapers and notice is posted at the Municipal Office. Councilman Donovan, Councilman Criscuolo, Councilwoman Sieg and Council President Bromberg were present. Councilman Ben-Yishay was absent. Also present: Mayor Glen Jasionowski, Business Administrator/CFO Gennaro Rotella, Township Attorney Silvana Raso, Township Engineer Chris Statile and Township Clerk Karen Campanelli. Mayor s Comments Mayor Jasionowski announced that early next year he will be asking the Council to consider passing a strict wildlife feeding ordinance. The Mayor reported that feeding the deer only propagates the problem. He explained that the Township does have a do not ordinance; however, it is not clearly defined and is not punitive. He further explained that the Township has to do something because people are not taking this issue seriously and they are seeing a sharp increase in accidents. Council Comments Councilman Donovan hoped everyone enjoyed their Thanksgiving holiday. He is also looking forward to healthy discussion about many items for this coming year. Councilman Donovan also thanked the Township s EMS personnel; he explained that recently some family friends had a need to call for help and they were there when needed. Councilwoman Sieg also hoped that everyone had a happy and healthy Thanksgiving holiday. Councilman Criscuolo and Council President Bromberg had no comments this evening. Business Administrator s Report Mr. Rotella announced that Friday, December 1 st is the Township s Christmas Tree Lighting Ceremony; held in front of Town Hall at 6:30. He added that Santa will be arriving by firetruck. Mr. Rotella next announced that Tuesday, December 12 th is the Menorah Lighting being held at the Community Center. Mayor Jasionowski added that this year they have stepped up the decorations; he suggested everyone take a look at the EMS Park in particular. 1

2 Township Engineer s Report Mr. Statile reported that the order has been submitted for the new Giordano Playground equipment. He next reported that Community Development received approval from the Federal government to spend their funds. Mr. Statile reported he can now move forward with the construction project at the Ambulance Corps. building. 1 st Hearing of the Public Motion by Councilman Donovan; second by Councilwoman Sieg to open the meeting to the public. There being no questions or comments from the public motion by Councilman Criscuolo; second by Councilwoman Sieg to close the meeting to the public. RESOLUTIONS Motion by Councilwoman Sieg; seconded by Councilman Donovan to approve Resolutions through as a Consent Agenda as follows: Resolution # MUNICIPAL ENDORSEMENT OF NEW CONCEPT S FOR LIVING 2018 COMMUNITY DEVELOPMENT GRANT APPLICATION WHEREAS, a Bergen County Community Development Grant of $60, has been proposed by New Concept s for Living, Inc. for the renovation of a bathroom and kitchen at their facility in the municipality of River Vale; and WHEREAS, pursuant to the State Interlocal Services Act, Community Development Funds may not be spent in a municipality without authorization by the Mayor and Council; and WHEREAS, the aforesaid project is in the best interest of the people of River Vale and the County of Bergen; and WHEREAS, the resolution does not obligate the financial resources of the municipality and is intended solely to expedite expenditure of the aforesaid CD funds. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Township of River Vale hereby confirms endorsement of the aforesaid project. BE IT FURTHER RESOLVED that a copy of the resolution shall be sent to the Director of the Bergen County Community Development Program so that implantation of the aforesaid project be expedited. Resolution # RESOLUTION AUTHORIZING THE MAYOR TO SIGN THE BERGEN COUNTY PUBLIC HEALTH SHARED SERVICES AGREEMENT FOR THE PROVISION OF ANIMAL CONTROL SERVICES (2018) WHEREAS, the Township of River Vale wishes to contract for the furnishing of Animal Control and sheltering services provided by the Bergen County Department of Health Services; and WHEREAS, the Uniformed Shared Services and Consolidation Act (N.J.S.A. 40A:65-1 et. seq.) promotes the broad use of shared services to reduce local expenses funded by property tax payers; and WHEREAS, the Bergen County Department of Health Services shall provide the Township of River Vale with duly licensed personnel to carry out the public health activities; and WHEREAS, the terms and conditions of this contract are on file in the Clerk s office; and 2

3 WHEREAS, the Bergen County Department of Health Services shall provide service from January 1, 2018 through December 31, NOW THEREFORE BE IT RESOLVED, by the Township Council of the Township of River Vale that the Mayor is hereby authorized to sign the Public Health Shared Services Agreement with the County of Bergen for the provision of Animal Control Services. Resolution # RESOLUTION EXTENDING THE INTERLOCAL AGREEMENT WITH THE BOROUGH OF HILLSDALE FOR THE USE OF THE INDOOR PISTOL RANGE WHEREAS, on November 9, 2015 the Township of River Vale entered into an Interlocal Services Agreement with the Borough of Hillsdale permitting the River Vale Police Department the use of the Hillsdale s Indoor Police Pistol Range pursuant to N.J.S.A. 40:8A-1 et seq. the Interlocal Services Act; and WHEREAS, pursuant to the provisions of the Agreement if mutually agreed upon said contract may be renewed for an additional year from January 1, 2018 through December 31, 2018 at the new annual rate of $2,413.41; and WHEREAS, the Township wishes to extend this Agreement. NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of River Vale that the above mentioned agreement is hereby extended for an additional year for the amount stated. BE IT FURTHER RESOLVED, by the Township Council of the Township of River Vale that the Mayor is hereby authorized to sign the Interlocal Local Services Agreement with the Borough of Hillsdale. Resolution # R E S O L U T I O N REFUND OF TAX OVERPAYMENT WHEREAS, a tax overpayment was received for the 4 th quarter of 2017 and the property owner has requested a refund of said overpayment. NOW, THEREFORE, BE IT RESOLVED, by the Township Council of the Township of River Vale, that the Treasurer is hereby authorized to issue a municipal check payable as follows: Block 908 Lot Baylor Avenue $ 4, Payable to: Christina Lawrey 14 Powell Road Emerson, NJ Resolution # RESOLUTION AUTHORIZING THE MAYOR TO SIGN CONTRACT FOR 2016 BERGEN COUNTY OPEN SPACE TRUST FUND MUNICIPAL PROGRAM GRANT AWARD FOR THE RIVER VALE COUNTRY CLUB POND IMPROVEMENTS PROJECT ($11,500) BE IT RESOLVED, that the Mayor and Council of the Township of River Vale wish to enter in to a Bergen County Trust Fund Project Contract ( Contract ) with the County of Bergen for the purpose of using a $11, matching grant award from the 2016 Funding Round of the Bergen County Open Space, Recreation, Floodplain Protection, Farmland & Historic Preservation Trust Fund ( Trust Fund ) for the municipal park project entitled River Vale Country Club Pond Improvements, located at the River Vale Country located on Block 701, Lots 2, 3, 4, 6, 9, 13 on the tax maps of the Township of River Vale; and BE IT FURTHER RESOLVED, that the Mayor and Council hereby authorize the Mayor to be a signatory to the aforesaid Contract; and, 3

4 BE IT FURTHER RESOLVED, that the Mayor and Council hereby acknowledge that, in general, the use of this Trust Fund grant towards this approved park project must be completed by or about August 9, 2019; and, BE IT FURTHER RESOLVED, that the Mayor and Council acknowledge that the grant will be disbursed to the municipality as a reimbursement upon submittal of certified Trust Fund payment and project completion documents and municipal vouchers, invoices, proofs of payment, and other such documents as may be required by the County in accordance with the Trust Fund s requirements; and, BE IT FURTHER RESOLVED, that the Mayor and Council acknowledge that the grant disbursement to the municipality will be equivalent to fifty (50) percent of the eligible costs incurred (not to exceed total grant award) applied towards only the approved park improvements identified in the aforesaid Contract in accordance with the Trust Fund s requirements. BE IT FURTHER RESOLVED, that should there be unexpended balance at the completion of the project, Professional Services Costs will be reimbursed from Grant award s unexpended balance in accordance with the Municipal Park Improvement Program Rules & Procedures Manual. Resolution # RESOLUTION AUTHORIZING THE MAYOR TO SIGN THE BLOODBORNE PATHOGEN PROFESSSIONAL AGREEMENT WITH THE COUNTY OF BERGEN ( ) WHEREAS, the Township of River Vale desires to contract with the Bergen County Plaza, City of Hackensack, County of Bergen State of New Jersey ( BCDHS ) for the provision of services from a Bloodborne Pathogen Compliance Coordinator and Trainer as per the provisions of N.J.S.A. 26:3A2-1 et seq.; and WHEREAS, the BCDHS shall coordinate and provide Bloodborne Pathogen Training to all Township employees and volunteers a risk for occupational exposure; and WHEREAS, the term of this agreement shall be from January 1, 2018 through December 31, NOW THEREFORE BE IT RESOLVE, by the Township Council of the Township of River Vale that the Mayor is hereby authorized to sign the Bloodborne Pathogen Professional Agreement with the County of Bergen. PAYMENT OF BILLS Resolution # BE IT RESOLVED by the Township Council of the Township of River Vale, that the Business Administrator is hereby authorized to pay the following claims: CURRENT ACCOUNT claims in the amount of: $ 208, RESERVE CURRENT ACCOUNT claims in the amount of: GOLF COURSE UTILITY OPERATING ACCOUNT claims in the amount of: $ 50, UNEMPLOYMENT TRUST ACCOUNT claims in the amount of: $ 4, ANIMAL TRUST ACCOUNT claims in the amount of: $ MISCELLANEOUS TRUST ACCOUNT claims in the amount of: RECREATION TRUST ACCOUNT claims in the amount of: $ 1, RESERVE RECREATION TRUST ACCOUNT claims in the amount of: PRIVATE DUTY TRUST ACCOUNT claims in the amount of: $ 18, SNOW REMOVAL TRUST ACCOUNT claims in the amount of: HOUSING TRUST ACCOUNT claims in the amount of: $ 1, JUNIOR POLICE ADADEMY TRUST ACCOUNT claims in the amount of: $ 3, GOLF COURSE UTILITY CAPITAL ACCOUNT claims in the amount of: OPEN SPACE TRUST ACCOUNT claims in the amount of: CAPITAL ACCOUNT claims in the amount of: $ 11, PLANNING BOARD TRUST ACCOUNT claims in the amount of: $ 1, SPECIAL TRUST ACCOUNT claims in the amount of: $ 3, ZONING BOARD TRUST ACCOUNT claims in the amount of: $ TOTAL CLAIMS TO BE PAID $ 305,

5 BE IT FURTHER RESOLVED by the Township Council of the Township of River Vale that the following claims have been paid by the Business Administrator prior to the Bill List Resolution in the following amounts: CURRENT ACCOUNT claims in the amount of: $ 4,925, RESERVE CURRENT ACCOUNT claims in the amount of: GOLF COURSE UTILITY OPERATING ACCOUNT claims in the amount of: $ 143, UNEMPLOYMENT TRUST ACCOUNT claims in the amount of: MISCELLANEOUS TRUST ACCOUNT claims in the amount of: ANIMAL TRUST ACCOUNT claims in the amount of: ACCUMULATED ABSENCES TRUST ACCOUNT claims in the amount of: RECREATION TRUST ACCOUNT claims in the amount of: $ PRIVATE DUTY TRUST ACCOUNT claims in the amount of: SNOW REMOVAL TRUST ACCOUNT claims in the amount of: HOUSING TRUST ACCOUNT claims in the amount of: JUNIOR POLICE ACADEMY TRUST ACCOUNT claims in the amount of: $ 1, GOLF COURSE UTILITY CAPITAL ACCOUNT claims in the amount of: OPEN SPACE TRUST ACCOUNT claims in the amount of: CAPITAL ACCOUNT claims in the amount of: $ 190, PLANNING BOARD TRUST ACCOUNT claims in the amount of: SPECIAL TRUST ACCOUNT claims in the amount of: ZONING BOARD TRUST ACCOUNT claims in the amount of: TOTAL CLAIMS PAID $ 5,261, TOTAL BILL LIST RESOLUTION $ 5,567, MANUAL DISBURSEMENTS BILL LIST FOR November 27, /26/201 7 Transfer Payroll $296, /13/201 7 Transfer Payroll $266, TOTAL STATUTORY ACCOUNT DISTRIBUTIONS $563, ROLL CALL VOTE Councilman Donovan, Councilman Criscuolo, Councilwoman Sieg and Council President Bromberg voted yes. Councilman Ben-Yishay was absent. There were no ordinances for 1 st Reading. Ordinances for 2 nd Reading & Public Hearing Motion to Adopt: Second: Councilman Criscuolo Councilman Donovan Motion by Councilman Donovan seconded by Councilman Criscuolo to open the public hearing on Ordinance John Rybacki questioned what the motion was for. Council President Bromberg responded that they are changing the Land Use section of the Township Code to create a B-1 Zone. Mayor Jasionowski added the change is necessary to keep the Township incompliance with our Master Plan. This ordinance takes a section in the south end of Town and reconstitutes what it can be used for; specifically areas that are being used for catering that are currently not zoned for catering. 5

6 Council President Bromberg also noted that there was one slight change to the ordinance; specifically the section pertaining to parking requirements that was deemed to be deminimis. There be no further questions or comments; motion by Councilman Criscuolo seconded by Councilwoman Sieg to close the public hearing on Ordinance Council Comments Ordinance : Councilman Donovan commented that this change has been a long time coming and he s glad to see some of these Zoning issues are being cleaned up. He also feels that this change will be a benefit to the entire neighborhood and he is in favor of the Council passing this ordinance today. ORDINANCE # AN ORDINANCE OF THE TOWNSHIP OF RIVER VALE, COUNTY OF BERGEN NEW JERSEY AMENDING CHAPTER 142 OF THE CODE, ENTITLED LAND USE BE IT ORDAINED by the Township Council of the Township of River Vale that Chapter 142 is amended as follows: ARTICLE I General Provisions Section Definitions. (add the following definition) B. CATERING ESTABLISHMENT An establishment that provides food prepared and served in a formal setting for special occasions, such as weddings, family reunions, corporate award ceremonies, charitable benefits and other special events and celebrations. ARTICLE L Division Into Districts Section A. Zoning District Map. (add the following district) B-1 Residence District Section B. Revise the Zoning Map to include the B-1 Zone District. Properties to include in the B-1 Zone District are shown on the attached map and include the following lots in Block 2301: 5, 7, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22. ARTICLE LII Use of Buildings and Permits Section A. B-1 Residence District. (add new Chapter) A(1) All uses permitted in the A Residence District and HDD/Housing District for the Disabled are permitted in the B-1 District. Section B. B-1 Conditional Uses. (add new Chapter) Add Catering Establishments subject to the following conditions: 1. Minimum Lot Size: Two (2) acres. 2. Minimum Front Yard Setback: 45 ft. 3. Minimum Side Yard Setback: 30 ft. 6

7 4. Minimum Rear Yard Setback: 35 ft. 5. Minimum Parking Requirements: 1 space/250 SF. Gross floor area total, excluding storage and mechanical equipment areas, and roofed patios or porches. 6. Required Landscape Buffer: On all property lines abutting an adjacent residential use, the catering facility property must include a 15 ft. wide landscape planted buffer. Mature and heritage trees shall be used in the planted landscape buffer. Fencing may also be included in the buffer area. The buffer area is subject to review and approval by the Land Use Board and Land Use Engineer. Section B Residence District. ARTICLE LVIII Limiting Schedule B and B-1 Residence Districts. (change to read) This Ordinance shall take effect following adoption and approval in a time and manner prescribed by law. ROLL CALL VOTE Councilman Donovan, Councilman Criscuolo, Councilwoman Sieg and Council President Bromberg voted yes. Councilman Ben-Yishay was absent. 2 nd Hearing of the Public Motion by Councilwoman Sieg; second by Councilman Donovan to open the meeting to the public. There being no questions or comments from the public motion by Councilman Criscuolo; second by Councilman Donovan to close the meeting to the public. ADJOURNMENT Motion by Councilman Donovan; second by Councilwoman Sieg to adjourn the meeting at 8:17 pm. Council President ATTEST: Mark Bromberg Karen Campanelli, Township Clerk 7

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