MC APPROVED WORKSESSION MINUTES with

Transcription

Borough of Paramus
Mayor and Council Public Meeting
Work Session held in Caucus Room
April 5, 2016, 7:00 P.M.
MINUTES
Work Session
Resolution No: 16-04-309: Notification of meetings as required by “The Open Public Meetings
Act.” Read by the Borough Clerk at 7:06 P.M.
ROLL CALL:
Present: Councilwoman Bellinger, Councilman Sullivan, Councilwoman Tedesco-Santos,
Councilman Verile, Councilwoman Weber, Mayor LaBarbiera
Also Present: Borough Administrator Joseph D’Arco, Deputy Borough Clerk Coleen Goddel,
Borough Attorney Paul Kaufman, Borough Clerk Annemarie Krusznis, Associate Borough
Attorney Justin Santagata
Absent: Councilman Garcia
PLEDGE OF ALLEGIANCE: led by Mayor LaBarbiera
BOROUGH CLERK’S REPORT:
a. Letter received from Richard T. Hammer of NJDOT , Paramus has been selected to
receive funding from NJDOT Fiscal Year 2016 Municipal Aid Program for From Road
(Section 2) in the amount of $155,500.00
Mayor LaBarbiera advises that Ordinance 16-12 will be pulled from tonight’s meeting.
COUNCIL MEMBERS REPORTS:
Councilwoman Bellinger The Senior Newsletter looks great. It’s going to continue to grow. The
Fourth of July Committee meets tomorrow.
Councilwoman Tedesco-Santos Taste of Paramus and Beyond is next Tuesday for Chamber of
Commerce. Things are quiet at the Fire Department right now. The Library is still waiting for
renovations to start.
Councilman Verile The awards dinner for Recreation coaches was successful. The Easter Egg
Hunt this year had around 400-500 children participate. It was great. Rescue had a meeting last
night – they are putting in for their two car shows this year with the first one being in May.
Cultural Arts has met their goal of raising money for the Summer Concerts and reading events.
Councilman Sullivan The cost of the field at East Brook is now around $800,000. When the
conversation started the cost was going to be around $600,000. That is a large difference.
Mayor LaBarbiera advises that the original estimate did not include the D-Zones. The Borough
has not approved these D-Zones. It is something that the Board of Education wants and would
have to pick up if they decide to go through with it. Councilman Sullivan asks that 16-04-319
and 16-04-320 be put on non-consent so he can abstain.
Councilwoman Weber The Historic Commission has started a Facebook page on which they will
post pictures and other information about Paramus history. Mayor LaBarbiera and Mr. Kaufman
advise that nothing on social media should be done separate from the Borough. If there is an
OPRA Request the Clerk doesn’t have access to that. Agencies should not go off on their own.
Borough of Paramus
April 5, 2016, 7:00 P.M.
MINUTES
Several departments have done this. Councilwoman Weber will advise them of this. First Aid
training will be held on April 27. Call Health officer Judy Migliaccio to register. Bergen County
has ranked fourth in the state for Health rankings. Councilwoman Weber expresses concerns
about the accessory apartment section in the zoning ordinance. Mr. Kaufman advises the
Council that it is his recommendation to amend the ordinance to eliminate this section.
Councilwoman Weber also inquires about the promenade in Fair Lawn and how many units are
there. Mayor LaBarbiera and Mr. Kaufman further discuss the zoning ordinance.
Councilwoman Weber makes a motion to Amend Ordinance 16-09 by eliminating any
provision for or reference to Accessory Apartments in the ordinance.
Motion: Councilwoman Weber
Second: Councilman Sullivan
Yeas: Councilwoman Bellinger, Councilman Sullivan, Councilwoman Tedesco-Santos,
Councilwoman Verile, Councilwoman Weber
Nays: None
Motion carries 5-0.
MAYOR’S REPORT: The Teterboro flight path change has been a request dating back to 10
years. There have been letters of recommendation from two senators and a congressman.
There will finally be a revised flight path. Paramus received two letters of notifications starting a
year ago. Borough Administrator Joseph D’Arco had a meeting regarding this flight path
change. The investigation on Just Pups, Inc. is discussed. Mayor LaBarbiera discusses some of
what has been done about the situation. Most of it has to be discussed in closed session. Mr.
D’Arco explains that he has been active as the Health Officer during this while Judy Migliaccio is
on vacation. TYCO is the Borough’s contracted animal control company and they are doing an
excellent job.
ADMINISTRATOR’S REPORT: The 2016 budget will be ready soon for introduction. Final
details are being finished. The employee handbook is going to be introduced. The police
department construction is moving along. Volunteer rescue made a requested to get recruits by
using a video game program. It has to be approved first. Mr. D’Arco thinks it is a good idea.
Farmers Market contract modification has gone through law department and it is recommended
to go through with the same vendor. Borough security system programs are in motion. PSE&G
bill is still in discussion. Just Pups, Inc. will be reviewed in closed session. The Cart Path at the
Golf Course has gone out to bid. The art students are working on completing the mural for the
Recreation Center. The bids are out for the Library renovations. The expansion of the fire house
on Spring Valley Road is in planning stages. Once the VIP housing opens and the staff moves
in, the Human Services building will be demolished.
PUBLIC COMMENTS: Citizens are welcome to address the Mayor and Council on any
governmental item of concern to them, whether or not it is scheduled on the agenda above.
Comments will be made at the public portion of tonight’s Public Meeting in the Council
Chambers.
Borough of Paramus
April 5, 2016, 7:00 P.M.
MINUTES
Mayor LaBarbiera opens the meeting to the public for comment at 8:29 P.M.
Carol Skiba 191 Field Avenue, Hasbrouck Heights – Discusses the Teterboro Airport Noise
Abatement Advisory Committee. Paramus wasn’t invited to sit at the table because they
consider their airport traffic area approximately a five mile radius around the airport. There will
be a noise study meeting on May 24, 2016.
Francis Warburton 367 Harrison Street – It is sometimes difficult to find things on the Borough
website. Discusses the Teterboro flight path. Inquires about why the Borough pays for some
fields and facilities in the Borough and why other times the Board of Education pays for them.
Discusses the Master Plan in regards to Affordable Housing.
Salvatore Moretti 197 Alpine Drive – Teterboro Airport is very small and has very limited
runway. It’s a very small area to devote to air traffic.
Mayor LaBarbiera closes the public comment portion of the meeting at 8:57 P.M.
ORDINANCES:
ORDINANCE ON INTRODUCTION:
ORDINANCE 16-13: BOND ORDINANCE TO AUTHORIZE THE EAST BROOK MIDDLE SCHOOL SYNTHETIC
TURF ATHLETIC FIELD PROJECT IN, BY AND FOR THE BOROUGH OF PARAMUS, IN THE COUNTY OF
BERGEN, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $863,000 TO PAY THE COST THEREOF,
TO MAKE A DOWN PAYMENT, TO AUTHORIZE THE ISSUANCE OF BONDS TO FINANCE SUCH
APPROPRIATION AND TO PROVIDE FOR THE ISSUANCE OF BOND ANTICIPATION NOTES IN ANTICIPATION
OF THE ISSUANCE OF SUCH BONDS.
Read by Councilman Verile
Motion: Councilman Verile
Second: Councilwoman Weber
Yeas: Councilwoman Bellinger, Councilman Sullivan, Councilwoman Tedesco-Santos, Councilman Verile,
Councilwoman Weber
Nays: None
Motion carries 5-0.
ORDINANCE 16-14: ORDINANCE TO AMEND 16-04 DEALERS OF PRECIOUS METALS, GEMS AND
SECONDHAND GOODS
Second: Councilman Sullivan
Councilwoman Weber
Nays: None
Motion carries 5-0.
Borough of Paramus
April 5, 2016, 7:00 P.M.
MINUTES
ORDINANACE 16-15: AN ORDINANCE TO AMEND CHAPTER 419 OF THE CODE OF THE BOROUGH OF
PARAMUS ENTITLED VEHICLES AND TRAFFIC TO PROVIDE FOR THE DESIGNATION OF STOP
INTERSECTION
Second: Councilwoman Tedesco-Santos
Councilwoman Weber
Nays: None
Motion carries 5-0.
NON-CONSENT:
RESOLUTION NO 16-04-319: RESOLUTION AUTHORIZING THE BOROUGH OF PARAMUS TO CONTRACT
FOR PROFESSIONAL SERVICES OF JOSEPH M. DeCOTIIS OF THE FIRM DeCOTIIS, FITZPATRICK & COLE,
AS SPECIAL LITIGATION ATTORNEY FOR THE CALENDAR YEAR 2016
FOR PROFESSIONAL SERVICES OF DeCOTIIS, FITZPATRICK & COLE, AS SPECIAL TAX ATTORNEY FOR
THE CALENDAR YEAR 2016
Mayor LaBarbiera asks for a motion to move both non-consent resolutions at once.
Second: Councilwoman Bellinger
Yeas: Councilwoman Bellinger, Councilwoman Tedesco-Santos, Councilman Verile, Councilwoman Weber
Nays: None
Abstain: Councilman Sullivan
Motion carries 5-0-1.
A CONSENT AGENDA WILL BE ADOPTED FOR ITEM NUMBERS 14 AND 15
RESOLUTIONS:
RESOLUTION NO 16-04-311: AUTHORIZING PAYMENT OF BILLS
RESOLUTION NO 16-04-312: RESOLUTION TO AMEND THE INCORRECT BLOCK NUMBER REFERENCED
FOR THE 2009 AND 2011 ASSESSMENT SET FORTH IN RESOLUTION NO. 16-02-101 DATED FEBRUARY 09,
2016 BMT HOLDINGS, LLC v. BOROUGH OF PARAMUS
RESOLUTION NO 16-04-313 RESOLUTION FOR MUNICIPALITIES TO CONFIRM ENDORSEMENT OF
COMMUNITY DEVELOPMENT PROJECTS
RESOLUTION NO 16-04-314: RESOLUTION AUTHORIZING THE REDEMPTION OF A TAX SALE CERTIFICATE
Borough of Paramus
April 5, 2016, 7:00 P.M.
MINUTES
FOR BLOCK 7119 LOT 7 TO US BANK CUST FOR EMPIRE V1
RESOLUTION NO 16-04-315: RESOLUTION AUTHORIZING THE REDEMPTION OF A TAX SALE
CERTIFICATE FOR BLOCK 7119 LOT 8 TO KAREN GAREWAL
RESOLUTION NO 16-04-316: A RESOLUTION AUTHORIZING A REFUND TO THE FOLLOWING TAXPAYER DUE TO
A DISABLED VETERAN EXEMPTION- Sorace
RESOLUTION NO 16-04-317: RESOLUTION AUTHORIZING A REFUND OF A COAH FEE IN THE AMOUNT OF
$24,053.00 TO PSE&G – FOR 32 SPRING VALLEY ROAD BLOCK 1310 LOT 8
FOR PROFESSIONAL SERVICES OF STEPHEN T. BOSWELL OF THE FIRM BOSWELL MCCLAVE
ENGINEERING AS BOROUGH ENGINEER FOR THE CALENDAR YEAR 2016
RESOLUTION NO 16-04-321: A RESOLUTION AUTHORIZING THE MAYOR AND BOROUGH CLERK TO SIGN A
SHARED SERVICES AGREEMENT BETWEEN THE BOROUGH AND THE COUNTY OF BERGEN FOR FIRE TRUCK
LOANER PROGRAM
RESOLUTION NO 16-04-322: A RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN BOROUGH OF
PARAMUS AND SKYY SWIM TEAM FOR RENTAL OF THE PARAMUS MUNICIPAL POOL
RESOLUTION NO 16-04-323: RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN THE BOROUGH OF
PARAMUS ENVIRONMENTAL COMMISSION AND THE FARMERS MARKET MANAGER GIGI MANASSE FOR
SERVICES FOR THE PARAMUS FARMERS MARKET
RESOLUTION NO 16-04-324: RESOLUTION AUTHORIZING THE APPOINTMENT OF WILLIAM CURRAN TO THE
POSITION OF SENIOR FINANCE ACCOUNT CLERK FOR THE PARAMUS TAX COLLECTOR OFFICE AT A
SALARY OF $33,292.80
RESOLUTION NO 16-04-325: RESOLUTION AUTHORIZING THE APPOINTMENT OF ANDREW SPICER TO THE
POSITION OF CASHIER/GOLF PROFESSIONAL FOR THE PARAMUS GOLF COURSE AT A SALARY OF $10.45
PER HOUR
RESOLUTION NO 16-04-326: RESOLUTION AUTHORIZING THE APPOINTMENT OF VIRGINIA LAAMANEN TO
THE POSITION OF RANGER FOR THE PARAMUS GOLF COURSE AT A SALARY OF $10.22 PER HOUR
RESOLUTION NO 16-04-327: RESOLUTION AUTHORIZING THE APPOINTMENT OF MIKE CLEAR TO THE
POSITION OF SEASONAL MECHANIC STEP 2 FOR THE PARAMUS GOLF COURSE AT A SALARY OF $11.05
PER HOUR
RESOLUTION NO 16-04-328: RESOLUTION AUTHORIZING THE APPOINTMENT OF JIM WISEMAN TO THE
POSITION OF SEASONAL MAINTENANCE STEP 3 FOR THE PARAMUS GOLF COURSE AT A SALARY OF
$11.93 PER HOUR
Borough of Paramus
April 5, 2016, 7:00 P.M.
MINUTES
RESOLUTION NO 16-04-329: RESOLUTION AUTHORIZING THE APPOINTMENT OF MICHAEL MULLANE TO
THE POSITION OF SEASONAL MAINTENANCE STEP 3 FOR THE PARAMUS GOLF COURSE AT A SALARY OF
$11.93 PER HOUR
RESOLUTION NO 16-04-330: RESOLUTION AUTHORIZING THE APPOINTMENT OF KYLE VAN HAASTEREN
TO THE POSITION OF GREENSMAN STEP 1 FOR THE PARAMUS GOLF COURSE AT A SALARY OF
$31,212.00 PER YEAR
RESOLUTION NO 16-04-331: A RESOLUTION AUTHORIZING THE SALARY INCREASE OF MATTHEW
BELMONTE TO $10.16 PER HOUR AS SEASONAL MAINTENANCE STEP 1 FOR PARAMUS GOLF
MAINTENANCE
RESOLUTION NO 16-04-332: A RESOLUTION AUTHORIZING THE SALARY INCREASE OF JOSUE SANTOS TO
$11.05 PER HOUR AS A SEASONAL EMPLOYEE STEP 2 FOR PARAMUS GOLF MAINTENANCE
RESOLUTION NO 16-04-333: A RESOLUTION AUTHORIZING THE SALARY INCREASE OF ANDREW CACERES
TO $12.89 PER HOUR AS A SOUND RECORDER OPERATOR FOR THE PARAMUS MUNICIPAL COURT
RESOLUTION NO 16-04-334: RESOLUTION AUTHORIZING THE STEP-UP OF RAYMOND ASTE TO $17.74 PER
HOUR AS AN EMERGENCY MEDICAL TECHNICIAN FOR PARAMUS EMERGENCY MEDICAL SERVICES
RESOLUTION NO 16-04-335: RESOLUTION AUTHORIZING THE APPOINTMENT OF MICHAEL CHESTER TO
THE POSITION OF PART TIME 911 TELECOMMUNICATION OPERATOR 3 FOR THE PARAMUS POLICE
DEPARTMENT – COMMUNICATIONS AT A SALARY OF $18.63 PER HOUR
RESOLUTION NO 16-04-336: RESOLUTION ACKNOWLEDGING THE RESIGNATION OF CLIFF MAROLD FROM
PARAMUS GOLF MAINTENANCE
RESOLUTION NO 16-04-337: RESOLUTION ACKNOWLEDGING THE RESIGNATION OF BRIAN DOUGHTY
FROM THE POSITION OF EMERGENCY MEDICAL TECHNICIAN FOR THE PARAMUS EMERGENCY MEDICAL
SERVICES
RESOLUTION NO 16-04-338: RESOLUTION ACCEPTING THE FOLLOWING APPLICANT RYAN SCHWARTZ AS
A PROBATIONARY MEMBER OF THE PARAMUS RESCUE SQUAD
RESOLUTION NO 16-04-339: RESOLUTION AUTHORIZING THE APPOINTMENT OF BIAGIO GORGA TO THE
POSITION OF FULL TIME MECHANIC FOR PARAMUS DPW MECHANICAL DIVISON AT STEP 1 WITH A
SALARY OF $27,868 PER YEAR
RESOLUTION NO 16-04-340: A RESOLUTION AUTHORIZING THE APPOINTMENT OF THE FOLLOWING
SEASONAL POSITIONS FOR PARAMUS RECREATION SPRING STAFF
RESOLUTION NO 16-04-341: RESOLUTION AUTHORIZING THE PAYMENT OF A LIFE INSURANCE CLAIM
AGAINST THE SELF INSURANCE FUND IN THE NAME OF STEPHEN W. ADAMOWICZ
Borough of Paramus
April 5, 2016, 7:00 P.M.
MINUTES
APPLICATIONS:
RAFFLE/BINGO
Save the Animals Rescue Team II
Valley Hospital Auxiliary
Valley Hospital Auxiliary
File No. 534
File No. 535
File No. 536
Motion to Approve Consent Agenda as Amended – with the Removal of 16-04-319 & 1604-320 and the Addition of 16-04-342
Councilman Verile, Councilwoman Weber
Nays: None
Motion carries 5-0.
RESOLUTION No. 16-04-310: Closing the meeting of the Mayor and Council to the public.
a. Just Pups, Inc.
b. PSE&G
Motion: Councilwoman Bellinger
Second: Councilwoman Tedesco-Santos
Nays: None
Motion carries 5-0.
The Mayor and Council come out of closed session at 9:25 P.M.
RESOLUTION NO 16-04-342: RESOLUTION AUTHORIZING APPOINTMENT OF SPECIAL COUNSEL TO THE
BOARD OF HEALTH FOR THE JUST PUP’S, INC. HEARING
Motion: Councilman Sullivan
Nays: None
Motion carries 5-0.
Borough of Paramus
April 5, 2016, 7:00 P.M.
MINUTES
ADJOURNMENT: 9:26 P.M.
Motion: Councilman Bellinger
Nays: None
Motion carries 5-0.
RESPECTFULLY SUBMITTED:
__________________________
ANNEMARIE KRUSZNIS RMC
BOROUGH CLERK
BOROUGH OF PARAMUS
COUNTY OF BERGEN
STATE OF NEW JERSEY
Ord. No. 16-13
BOND ORDINANCE TO AUTHORIZE THE EAST BROOK MIDDLE SCHOOL
SYNTHETIC TURF ATHLETIC FIELD PROJECT IN, BY AND FOR THE BOROUGH
OF PARAMUS, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY, TO
APPROPRIATE THE SUM OF $863,000 TO PAY THE COST THEREOF, TO MAKE
A DOWN PAYMENT, TO AUTHORIZE THE ISSUANCE OF BONDS TO FINANCE
SUCH APPROPRIATION AND TO PROVIDE FOR THE ISSUANCE OF BOND
ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE OF SUCH
BONDS.
--------------------------------------------------BE IT ORDAINED by the Borough Council of the Borough
ce
d
of Paramus, in the County of Bergen, State of New Jersey, as
follows:
Section 1.
The Borough of Paramus, in the County of
Bergen, State of New Jersey (the "Borough") is hereby authorized
undertake
the
East
Brook
Middle
du
to
Field
Project
synthetic
turf
athletic
consisting
field,
ro
Athletic
of
site
amenities in, by and for the Borough.
suitable
Borough
all
work,
materials
In
t
include
therefor.
and
the
Said
Paramus
and
the
Synthetic
installation
improvements
is
of
and
Turf
of
a
related
Said improvement shall
appurtenances
project
Board
School
being
necessary
undertaken
Education
(the
by
"Board
and
the
of
Education" and lead agency) as a joint recreation project under
a shared services agreement between the Borough and the Board of
Education.
Pursuant to such agreement, the Board of Education
and the Borough shall share equally the costs of the project,
less any grants received.
-1-
BOROUGH OF PARAMUS
COUNTY OF BERGEN
STATE OF NEW JERSEY
Ord. No. 16-13
Section 2.
The sum of $863,000 is hereby appropriated
to the payment of the cost of making the improvement described
in
Section
1
hereof
(hereinafter
referred
to
as
"purpose").
Said appropriation shall be met from the proceeds of the sale of
the bonds authorized and the down payment appropriated by this
ordinance.
It is anticipated that an $83,626 grant from the
County of Bergen Open Space, Recreation, Floodplain Protection,
ce
d
Farmland and Historic Preservation Trust Fund shall be received
by the Borough to finance the cost of the improvement described
in Section 1 hereof.
Said grant funds shall be applied as set
forth in Section 10 hereof.
Said improvement shall be made as a
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general improvement and no part of the cost thereof shall be
assessed against property specially benefitted.
It is hereby determined and stated that
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Section 3.
(1) said purpose is not a current expense of said Borough, and
In
t
(2) it is necessary to finance said purpose by the issuance of
obligations
of
said
Borough
pursuant
to
the
Local
Bond
Law
(Chapter 2 of Title 40A of the New Jersey Statutes Annotated, as
amended; the "Local Bond Law"), and (3) the total estimated cost
of said purpose is $863,000, and (4) $42,000 of said sum is to
be
provided
by
the
down
payment
hereinafter
appropriated
to
finance said purpose, and (5) the estimated maximum amount of
bonds
or
$821,000,
notes
and
necessary
(6)
the
to
cost
be
of
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issued
such
for
purpose,
said
as
purpose
is
hereinbefore
BOROUGH OF PARAMUS
COUNTY OF BERGEN
STATE OF NEW JERSEY
Ord. No. 16-13
stated,
includes
the
aggregate
amount
of
$35,000
which
is
estimated to be necessary to finance the cost of such purpose,
including
architect's
fees,
accounting,
engineering
and
inspection costs, legal expenses and other expenses, including
20 of the Local Bond Law.
Section 4.
exceeding
capital
$42,000,
improvements
or
appropriated
for
the
for
capital
du
moneys
ce
d
interest on such obligations to the extent permitted by Section
down
payments
improvement
fund
on
in
budgets heretofore adopted for said Borough, are now available
finance
said
purposes.
The
sum
of
$42,000
is
hereby
ro
to
appropriated from such moneys to the payment of the cost of said
In
t
purposes.
Section 5.
To finance said purpose, bonds of said
Borough of an aggregate principal amount not exceeding $821,000
are hereby authorized to be issued pursuant to the Local Bond
Law.
be
Said bonds shall bear interest at a rate per annum as may
hereafter
determined
within
the
limitations
prescribed
by
law.
All matters with respect to said bonds not determined by
this
ordinance
shall
be
determined
hereafter adopted.
-3-
by
resolutions
to
be
BOROUGH OF PARAMUS
COUNTY OF BERGEN
STATE OF NEW JERSEY
Ord. No. 16-13
Section 6.
notes
of
said
To finance said purpose, bond anticipation
Borough
of
an
aggregate
principal
amount
not
exceeding $821,000 are hereby authorized to be issued pursuant
to the Local Bond Law in anticipation of the issuance of said
bonds.
In the event that bonds are issued pursuant to this
ce
d
ordinance, the aggregate amount of notes hereby authorized to be
issued shall be reduced by an amount equal to the principal
amount of the bonds so issued.
If the aggregate amount of
shall
at
any
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outstanding bonds and notes issued pursuant to this ordinance
time
exceed
the
sum
first
mentioned
in
this
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section, the moneys raised by the issuance of said bonds shall,
to not less than the amount of such excess, be applied to the
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t
payment of such notes then outstanding.
Section
7.
Each
bond
anticipation
note
issued
pursuant to this ordinance shall be dated on or about the date
of its issuance and shall be payable not more than one year from
its date, shall bear interest at a rate per annum as may be
hereafter determined within the limitations prescribed by law
and may be renewed from time to time pursuant to and within
limitations prescribed by the Local Bond Law.
anticipation
notes
shall
be
signed
-4-
by
the
Each of said bond
Mayor
and
by
a
BOROUGH OF PARAMUS
COUNTY OF BERGEN
STATE OF NEW JERSEY
Ord. No. 16-13
financial officer and shall be under the seal of said Borough
and attested by the Borough Clerk or Deputy Borough Clerk.
Said
officers are hereby authorized to execute said notes in such
form as they may adopt in conformity with law.
The power to
determine any matters with respect to said notes not determined
ce
d
by this ordinance and also the power to sell said notes, is
hereby delegated to the Chief Financial Officer who is hereby
authorized to sell said notes either at one time or from time to
Section 8.
period
of
It is hereby determined and declared that
usefulness
of
said
purpose,
according
to
its
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the
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time in the manner provided by law.
reasonable life, is a period of fifteen years computed from the
In
t
date of said bonds.
Section 9.
the Supplemental Debt Statement required by the Local Bond Law
has been duly made and filed in the office of the Borough Clerk
of said Borough, and that such statement so filed shows that the
gross debt of said Borough, as defined in Section 43 of the
Local Bond Law, is increased by this ordinance by $821,000 and
that the issuance of the bonds and notes authorized by this
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BOROUGH OF PARAMUS
COUNTY OF BERGEN
STATE OF NEW JERSEY
Ord. No. 16-13
ordinance will be within all debt limitations prescribed by said
Local Bond Law.
Section 10.
Any funds received from private parties,
the County of Bergen, the State of New Jersey or any of their
agencies or any funds received from the United States of America
to
the
payment
of
the
cost
ce
d
or any of its agencies in aid of such purpose, shall be applied
of
such
purpose,
or,
if
bond
anticipation notes have been issued, to the payment of the bond
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anticipation notes, and the amount of bonds authorized for such
purpose shall be reduced accordingly.
The capital budget is hereby amended to
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Section 11.
conform with the provisions of this ordinance to the extent of
the
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t
any inconsistency therewith and the resolutions promulgated by
Local
Finance
Board
showing
full
detail
of
the
amended
capital budget and capital program as approved by the Director,
Division
of
Local
Government
Services,
is
on
file
Borough Clerk and is available for public inspection.
-6-
with
the
BOROUGH OF PARAMUS
COUNTY OF BERGEN
STATE OF NEW JERSEY
Ord. No. 16-13
Section 12.
notes
to
finance
the
The Borough intends to issue the bonds or
cost
of
the
Section 1 of this bond ordinance.
improvement
described
in
If the Borough incurs such
costs prior to the issuance of the bonds or notes, the Borough
hereby states its reasonable expectation to reimburse itself for
ce
d
such expenditures with the proceeds of such bonds or notes in
the maximum principal amount of bonds or notes authorized by
Attest:
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this bond ordinance.
Approved:
April 5, 2016
In
t
Introduced:
Final:
_____________________
Richard LaBarbiera, Mayor
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______________________
Annemarie Krusznis, RMC
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COUNTY OF BERGEN
BOROUGH OF PARAMUS
ORDINANCE 16-14
AN ORDIANANCE TO AMEND ORDINANCE 16-04
DEALERS OF PRECIOUS METALS, GEMS AND SECONDHAND GOODS
Section 1. Purpose and Intent.
ce
d
The purpose and intent of this section is to assist law enforcement officials and victims of crime in
recovering stolen precious materials, gems, gemstones and/or other articles by requiring minimum reporting,
maintenance and distribution criteria for secondhand and transient dealers.
No person shall use, exercise or carry on the business, trade or occupation of buying scrap gold, old gold,
silver, jewelry, home electronics/audio and visual equipment, musical instruments, telephones and
telephonic equipment, scales, computers, computer hardware and software, typewriters, word processors,
scanners, sporting goods of all kinds, antiques, platinum, all other precious metals, tools of all kinds, televisions,
DVRs, GPS, camcorders, car stereos, gift cards, furniture, clothing or other valuable articles, hereinafter
referred to as "secondhand goods or articles," or being a secondhand dealer within the Borough of Paramus
without having first obtained a license from the Borough of Paramus.
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Section 2. Definitions.
For the purposes of this section, the following terms, phrases, words and their derivations shall have the
meanings ascribed herein. Words used in the present tense shall include the future, words in the plural number
shall include the singular number and words in the singular number shall include the plural number. The word
"shall" is always mandatory and not merely directory.
In
t
Acceptable identification shall mean acceptable forms of identification which include: a current valid New
Jersey Driver's License or Identification Card, a current valid photo driver's license issued by another US
state, a valid United States Passport, or other verifiable US government issued identification.
Article shall mean any article of merchandise, including any portion of such article, whether a distinct part
thereof or not, including every part thereof whether separable or not, and also including material for manufacture.
And as so defined in N.J.S.A. 51:6-1.
Automated Kiosk shall mean an interactive device that is permanently installed within a secure retail space and
has technical functions that can remotely monitor the kiosk, verify the seller’s identification, and store goods
securely.
Chief of Police shall mean the Chief of Police of the Borough of Paramus or his designee/representative.
Database shall mean a computerized interne capable database with hardware and software compliant to that set
by the Chief of Police.
Dealer shall mean any person, partnership, corporation, or other entity, whether permanent or itinerant, who
on one or more occasions (through any means) buys or sells or otherwise exchanges or trades secondhand gold,
silver, precious metals, gems, or jewelry, and includes anyone advertising the purchase or sale of any of the
aforementioned items.
Designated vendor shall mean a person or entity that is appointed or designated by the Chief of Police who is
COUNTY OF BERGEN
BOROUGH OF PARAMUS
ORDINANCE 16-14
authorized to collect and maintain precious metal transaction information, or other purchase information as
defined herein, for the Borough of Paramus.
Gift card shall mean a restricted monetary equivalent or script that is issued by retailers or banks to be used as
an alternative to a non-monetary gift.
Itinerant business shall mean any business conducted intermittently within the Borough of Paramus or at
varying locations.
Person shall mean any individual natural person, partnership, joint venture, business, society, associate,
club, trustee, trust, corporation, or unincorporated group, or an officer, agent, employee, servant, factor or
any form of personal representative of any thereof, in any capacity, acting for self or on behalf of another.
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Precious metals shall be comprised of gold, silver, platinum and/or their alloys as defined in N.J.S.A. 51:5-1 et
seq., N.J.S.A. 51:6-1 et seq., and/or N.J.S.A. 51:6A-1 et seq.; gems, gemstones, coins and all forms of
jewelry herein contained.
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Public shall mean individuals and retail sellers, not to include wholesale transactions or transactions between
other merchants.
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Purchase shall mean the exchange of money and the exchange, deposit, pledge, sale, conveyance or trade
of any tangible or intangible article.
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Reportable transaction shall mean every transaction conducted by a dealer in which precious metals, or
other tangible property, are purchased or exchanged from or with the public.
Secondhand goods shall mean any article previously sold, acquired, exchanged, conveyed, traded or otherwise
formerly owned, including but not limited to scrap gold, old gold, silver, jewelry, home electronics/audio and
visual equipment, telephones and telephonic equipment, scales, computers, computer hardware and software,
coins, electronic tablets, cameras, scanners, sporting goods of all kinds, antiques, platinum, all other precious
metals, tools of all kinds, televisions, DVRs, GPS, camcorders, car stereos, gift cards, furniture, clothing or
other valuable articles.
Transient buyer shall mean a dealer who has not been in any retail business continuously for at least six (6)
months at any address in the municipality where the dealer is required to register or who intends to close out
or discontinue all retail business in the Borough of Paramus within six (6) months. Or as so defined in N.J.S.A
51:6A-5 and N.J.A.C. 13:47C-1.1.
Section 3. Application and Issuance of License.
a. Initial License Application Process.
Every dealer intending on conducting business with the jurisdiction of the Borough of Paramus shall first
make application to the Municipal Clerk and shall set forth the name and address of dealer, his or her age, whether
or not he or she is a citizen of the United States and whether or not he or she has been convicted of a crime, the
place of conviction, and the date thereof.
COUNTY OF BERGEN
BOROUGH OF PARAMUS
ORDINANCE 16-14
A dealer of precious metals, gems or gemstones or second hand goods shall, prior to buying, attempting to buy
or offering to buy shall be required to be fingerprinted and shall consent to an investigation of the applicant's
moral character and business responsibility as deemed necessary, by the Paramus Police Department for the
protection of the public welfare. In the event that the dealer is a business entity other than a sole proprietorship, the
officers in a corporation or the partners in a partnership, or limited partnership, shall be deemed to be the
applicant(s) who shall be fingerprinted and investigated in accordance with this section.
Upon initial application to the Municipal Clerk, each dealer shall be provided with an application
prescribed by the Paramus Police Department and shall provide the following information on said application:
1.
Name and address of dealer;
2.
Address from which dealer shall conduct business;
3.
Copy of valid zoning and/or construction permits from the Borough of Paramus;
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4.
Proof that dealer has obtained computer equipment and software required in section 6 of this
Ordinance, for purposes of reporting all transaction data in electronic format to the Paramus Police
Department.
b. Contingency. Upon completion of the investigation, the Chief of Police shall either approve or deny
the license based upon the results of the Paramus Police Department investigation. No license shall be issued
without the approval of the Chief of Police or his or her designee.
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c. Renewal
All renewal applications are to be received in the clerk's office no later than January 10th of each year. In
the event that the dealer is a business entity other than a sole proprietorship, if the business entity took on a
new officer(s) or partner(s) within the preceding year, the new officer(s) / partner(s) shall be deemed to be
the applicant(s) who shall be fingerprinted and investigated in accordance with section "a. Initial License
Application Process."
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In the event a Dealer fails to file a renewal application by January 31" of each year, the applicant will be
assessed a fifty ($50.00) dollar penalty.
In the event a Dealer fails to file a renewal application after January 31' and after receiving notice by
the Paramus Police Department and given 10 business days to file such renewal application, the Dealer
license may be revoked following the process as outlined in Section 5 of this Ordinance.
Section 4. License Fees; Nontransferability.
a. Each application for a dealer of secondhand goods license shall be accompanied by an annual fee
of three hundred ($300.00) dollars payable to the Municipal Clerk by January 10th annually.
b. A license issued under the provisions of this section shall not be transferable and shall terminate on
December 31st of the year in which said license is issued.
c.
No license fee shall be pro-rated.
Section 5. Revocation of License.
a. Licenses issued under the provisions of this section may be revoked by the Chief of Police after a
hearing upon notice to the applicant for any of the following causes:
1.
Fraud, misrepresentation, or false statement contained in the application for
license;
COUNTY OF BERGEN
BOROUGH OF PARAMUS
ORDINANCE 16-14
2.
Fraud, misrepresentation, or false statement made in the course of carrying on the business of
purchasing secondhand precious metals, gems, and jewelry;
3.
Any violation of this section;
4.
Conviction of any crime or disorderly persons offense involving moral turpitude; and
5.
Conducting the business of soliciting or canvassing in an unlawful manner or in such a manner as to
constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public.
b. Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the
grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the
licensee at his last known address at least five (5) days prior to the date set for the hearing.
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Section 6. Dealers' Responsibilities, Requirements and Record Keeping.
Every dealer within the Borough of Paramus shall, upon the purchase of any precious metals, or second
hand goods from the public, be required to do as follows:
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a. Record on a numbered receipt the name, address and telephone number of the purchaser; the
name, address and telephone number of the seller or sellers; the time and date of the transaction; the net weight in
terms of pounds Troy, pennyweight (Troy) or kilograms/grams of the precious metals; fineness in terms of karats for
gold, and sterling or coin for silver, in accordance with N.J.S.A. 51:5-1 et seq., and N.J.S.A. 51:6-1 et seq. This
information is to be documented through use of an electronic database software system as designated by the Chief
of Police. These records shall be subject to the inspection of any sworn police officer of the State of New Jersey.
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b. Through the use of applicably required computer equipment, and using the electronic format approved
by the Chief of Police, enter all transaction into the electronic database within twenty four (24) hours from the
date of purchase. The information entered will contain the information in subsection 6a. above, plus the
following:
4.
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1. A physical description of the seller;
2. The receipt number;
3. A full description of the item or items purchased, including but not limited to, marks, numbers,
dates, sizes, shapes, initials, monograms and serial numbers.
The price paid for the item;
5.
The form must be signed by the seller;
6.
The form must be legibly initialed by the clerk or the dealer who made the transaction
so as to readily identify that individual.
7.
A color photograph or color image of the seller's presented identification.
8. A color photograph or color image of all items sold. When photographing or imaging all items must
be positioned in a manner that makes them readily and easily identifiable.
c. All precious metals, articles and secondhand goods are to be made available for inspection by the
Chief of Police of the Borough of Paramus for a period of fourteen (14) days from the date the information
required above is received by the Chief of Police on the approved form. The precious metals shall remain in
the same condition as when purchased and shall not be changed, modified, melted or disposed of by the
purchaser until the fourteen-day period has expired. During this fourteen day period, the precious metals shall be
placed in public view at the purchaser's place of business.
COUNTY OF BERGEN
BOROUGH OF PARAMUS
ORDINANCE 16-14
d. In the event a database failure, or dealer’s computer equipment malfunction, all transaction
information is required to be submitted on paper forms approved by the Chief of Police. In the event that paper
forms are used, the dealer is responsible to enter all transaction information into the database as soon as possible upon
the dealer's equipment being repaired or replaced, or the database coming back into service. Failure by the
dealer to properly maintain computer equipment in a reasonable fashion, or failure by the dealer to replace faulty
computer equipment, may result in the dealer being cited for a violation of the ordinance and subsequently being
subject to the penalties for doing so.
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e. Dealer payment to the sellers in cash shall be limited to two (2) transactions during a seven (7) day
period for the same seller. The seven (7) day period will commence on the day of the first transaction and end
seven (7) days after the transaction, i.e. if transaction #1 occurs on Monday the seven (7) day period ends on
Sunday. Furthermore, no cash payments shall be made to the same sellers who make more than five (5) transactions in
any given thirty (30) day period. Sellers making transactions over the number of prescribed weekly and monthly
periods will be paid by the dealer by means of a bank check drawn from the dealer's business account.
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f. It shall be the requisite duty of every dealer, and of every person in the dealer's employ, to admit to
the premises during business hours any sworn police officer of the State of New Jersey to examine any
database, book, ledger, or any other record on the premises relating to the purchase of precious metals from the
public, as well as the articles purchased or received, and to take possession of any article known by the police
officer or official to be missing or to have been stolen, or where the officer or official has probable cause to
believe the article is missing or stolen.
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Section 7. Nonapplicability.
a. This section shall not apply to purchases made by jewelers or other dealers from
wholesalers or other suppliers, but shall only apply to those purchases made from the public or other retail
purchases. The dealer shall keep records of all wholesale purchases for a period of 5 years from the date of
such purchase, which records shall be opened to investigation by the Paramus Police Department.
b. Section 6 shall not apply to purchases made by automated kiosks. The automated kiosks
shall keep records of all purchases for a period of five (5) years from the date of such purchase, which records shall be
opened to investigation by the Paramus Police Department. This information is to be documented through the use of an
electronic database software system as designated by the Chief of Police. These records shall be subject to the
inspection of any sworn police officer of the State of New Jersey. All other sections of this Ordinance shall apply to
automated kiosks.
Section 8. Purchases from Minors.
No dealer within the Borough of Paramus shall purchase any precious metals from any person under the
age of eighteen (18) years.
Section 9. Violations and Penalties.
Violation of any provision of this section shall, upon conviction thereof, be punished by a fine of five
hundred ($500.00) dollars for a first offense, one thousand ($1,000.00) dollars for a second offense, and
three thousand ($3,000.00) dollars for a third offense or by imprisonment for a term not exceeding ninety
(90) days or by a period of community service not exceeding ninety (90) days. Each and every violation
shall be considered a separate violation. Every day that a violation continues shall be a separate violation.
Each violation shall result in an additional ten (10) day suspension. Any person who is convicted of violating
COUNTY OF BERGEN
BOROUGH OF PARAMUS
ORDINANCE 16-14
the provisions of this Chapter within one year of the date of a previous violation and who was fined for the
previous violation may be sentenced by the Court to an additional fine as a repeat offender. The additional fine
imposed as a repeat offender shall not be less than the minimum or exceed the maximum fine provided
herein, and same shall be calculated separately from the fine imposed for the violation of this section.
Attest:
Approved:
___________________________
Annemarie Krusznic, RMC
Introduced:
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______________________
April 5, 2016
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Final:
BOROUGH OF PARAMUS
COUNTY OF BERGEN
STATE OF NEW JERSEY
ORDINANCE NO. 16-15
AN ORDINANCE TO AMEND CHAPTER 419 OF THE CODE OF THE
BOROUGH OF PARAMUS ENTITLED VEHICLES AND TRAFFIC TO PROVIDE
FOR THE DESIGNATION OF STOP INTERSECTION.
WHEREAS, N.J.S.A. 39:4-8 provides that a municipality may, without the consent or approval of
the New Jersey Commissioner of Transportation, adopt an Ordinance regulating traffic in a manner
consistent with current standards prescribed by the State Manual on Uniform Traffic Control Devices for
Streets and Highways provided that said Ordinance regulates a provision contained in N.J.S.A. 39:4-197;
and
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WHEREAS, N.J.S.A. 39:4-197 provides that a municipality may adopt an Ordinance regulating
"the passage or stopping of traffic at certain congested street corners or other designated points, including
the establishment of multi-way stop controls; and
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WHEREAS, said Statutes further require that the Municipal Engineer certify to the governing
body of a municipality that any traffic designation or erection of signs has been approved by the engineer
after investigation of the circumstances appears to the Engineer to be in the interest of safety and
conforms to the current standards prescribed by the Manual on Uniform Traffic Control Devices for
Streets and Highways of the State of New Jersey; and
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WHEREAS, the Borough Engineer for the Borough of Paramus has provided a Certification and
letter to the Borough and to the Chief of Police of the Borough recommending that a multi-way stop
control be implemented at the intersection of Lawrence Drive and Lawson Place and confirming that the
installation of a multi-way stop control at the designated intersection would comply with all applicable
sections of the Manual on Uniform Traffic Control Devices; and
WHEREAS, the Mayor and Council of the Borough of Paramus find that the installation of a multiway stop control at the designated intersection will improve traffic safety within the Borough,
NOW THEREFORE BE IT ORDAINED by the Governing Body of the Borough of Paramus as
follows:
Section 1. Chapter 419 Article II Section 419-9 designated Through
Streets asfollows;
§ 419-9. Through Streets.
The streets or parts of streets described in Schedule VII (§ 419-49), attached to and made a part of
this chapter, are hereby designated as through streets. Stop signs shall be installed on the near
right side of each street intersecting the through street except where yield signs are provided for in
the designations.
BOROUGH OF PARAMUS
COUNTY OF BERGEN
STATE OF NEW JERSEY
ORDINANCE NO. 16-15
Chapter 419 Article VII Section 419-49 designates the
Through Streets;
§ 419-49.
Schedule VII: Through
Streets.
In accordance with the provisions of § 419-9, the following described streets or parts thereof are
hereby designated as through streets. Stop signs shall be installed on the near right side of each
street intersecting the through street, except where yield signs are provided for in the designation.
Limits
Brookfield
Avenue
From Spring Valley Road to Forest Avenue
Century Road
From Spring Valley Road to Paramus Road except at Farview Avenue and Route 17
Circle Drive
From Farview Avenue to Oakwood Drive
Concord Drive
From Farview Avenue to Bullard Avenue; yield signs on Cadmus Avenue, Harrison
Street and Elliot Place
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Name of Street
From Lawrence Drive to Haase Avenue; yield signs on Bogert Place, Coombs Drive
and Behnke Avenue
Haase Avenue
From Farview Avenue to Spring Valley Road
Howland
Avenue
From Forest Avenue to Spring Valley Road
Lafayette Street
From Ridgewood Avenue to Glen Avenue
Lawrence Drive
From Farview Road to Spring Valley Road
Legion Place
From Lafayette Street to Paramus Road except at Nugent Street
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Ehret Street
Midland Avenue From Farview Avenue to Paramus Road except at Route 17
Nugent Street
From Ridgewood Avenue to Glen Avenue
Olympia
Boulevard
From Lafayette Street to Paramus Road except at Nugent Street
Spring
Road
Valley Entire length except at Route 4, Forest Avenue, Midland Avenue and Ridgewood
Avenue
Clauss Avenue
Paramus Road to Carl Place
Section 2. Severability.
If the provisions of any article, section, subsection, paragraph, subdivision, or clause
of this ordinance shall be judged invalid in whole or in part or as applied to any particular
circumstance or individual by a court of competent jurisdiction, such order of judgment
shall not affect or invalidate the remainder of any article, section, subsection, paragraph,
subdivision, or clause of this ordinance.
Section 3. Repealer.
All ordinances or parts of ordinances inconsistent with the provisions of this
Ordinance are hereby repealed as to such inconsistencies only.
Section 4. Effective Date.
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This ordinance shall take effect immediately upon final passage and publication as
required by law.
Approved:
______________________
Final:
April 5, 2016
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Introduced:
___________________________
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Annemarie Krusznic, RMC
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Attest:

MC APPROVED WORKSESSION MINUTES with

Transcription

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