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MAYOR SCHRIEKS
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TUESDAY, SEPTEMBER 18,2012; Regular Meeting of the
Borough Council of the Borough of Lodi, New Jersey; TIME:
7:00 P.M.
CALL TO ORDER
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Mayor Schrieks called meeting to order.
OPEN PUBLIC MEETING NOTICE READ BY Borough Clerk.
NOTICE OF THIS MEETING WAS MADE BY THE BOROUGH CLERK BY
PAID LEGAL ADVERTISING ON NOVEMBER 28,2011 IN THE RECORD
NEWSPAPER.
THIS MEETING IS BEING TAPE RECORDED.
PLEDGE OF ALLEGIANCE
MOMENT
OF SILENCE
After the Pledge of Allegiance, Mayor Schrieks asked everyone to have a
Moment of Silence for the victims of September 11tho He stated that last week was
11 years and asked everyone to join him for a Moment of Silence.
Mayor Schrieks read a Proclamation from Governor Christie proclaiming
September 11, 2012 as "Patriot's Day and a National Day of Service and
Rememberance. "
Mayor stated this Proclamation was received and filed and also read at our caucus
meeting.
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Mayor stated he also has an opportunity to recognize a business that has been in
town for approximately 35 years.
Gregg's Auto Emporium has given 35 years of service to this community. The
owners Gregg and Patricia Geer have sponsored the Lodi Little League Team for
over thirty years as well as supported the Fire Department, Police Department and
our Ambulance Corps.
Mayor read Proclamation on behalf of himself and the Council, extending their
sincerest congratulations on 35 years of service to the Borough of Lodi.
ROLLCALL:
PRESENT: (4) CW Licata, CW Fiduccia, CM Masopust, Mayor
Schrieks .
ABSENT: Deputy Mayor Cima.
ALSO PRESENT: Municipal Manager Tony Luna, Borough Attorney Alan P.
Spiniello, Borough Auditor Frank R. DiMaria, Thomas Solfaro, Borough Engineer.
CERTIFICATES AND AWARDS
APPROVAL OF MINUTES OF PREVIOUS MEETINGS
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August 21,2012
MOTION: CM Masopust, second CW Fiduccia to approve.
Ayes: (4) CW Fiduccia, CW Licata, CM Masopust, Mayor Schrieks.
Absent: Deputy Mayor Cima.
COMMUNICATIONS
Received arid Filed.
THIS IS TO CERTIFY THAT THIS
IS A TRUE COpy AS ADOPTED BY THE
BOROUGH COUNCIL OF THE BOROUGH
OF LODI, N.J. AT A MEETING HELD
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BORa CLERK
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REPORT
OF THE MANAGER
Municipal Manager reported on the outside cleaning of the Municipal Complex which has been
taking place.
Municipal Manager spoke about our Police Chief Vincent Caruso who has been at the F.B.I.
Academy in Virginia and has completed their 6 week course. The ceremony will be held On this
coming Friday in Virginia, stating he will be attending along with other Borough Officials to
honor our Chief.
REPORT
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OF THE ENGINEER
Borough Engineer stated, on Friday he will be opening bids for project known as "Church Street
Improvements. "
There will also be a Pre-Construction meeting held for project known as "Bergen County Road
Program."
RESOLUTIONS
Special Executive Meeting:
Executive Meeting:
Regular Meeting:
Tuesday, October 2,2012;
Tuesday, October 9,2012;
Tuesday, October 16,2012;
6 P.M.
6 P.M.
7 P.M.
CONSENT AGENDA (These resolutions are matters covering operation of
government and will be passed by one roll call vote covering all items on the
consent agenda.)
1. Resolution No. 12-141 confirming endorsement of Community Development Project.
(Reconstruction of Roadways; 2012-2013)
2. Resolution No. 12-142 approving bills for September 2012.
3. Resolution No. 12-143 authorizing to enter into a Developers Agreement with JMP 150-174 Essex
Street. LLC.
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4. Resolution No. 12-144 authorizing to exempt the Department of Defense property due to a County
Tax Board, Assessor's Judgment.
5. Resolution No. 12-145 authorizing to refund overpayment of taxes.
6. Resolution No. 12-146 authorizing to refund overpayment of taxes.
7. Resolution No. 12-147 authorizing submission of an application for the Lodi Municipal Alliance
Grant for the calendar year 2013 in the amount of$II,677.00.
8. Resolution No. 12-148 confirming endorsement of Bergen County Community Development
Grant proposed by the Boys & Girls Club of Lodi/Hackensack
installation of flood doors and panels.
in the amount of$18,547.00
for
9. Resolution No. 12-149 confmning endorsement of Bergen County Community Development
10.
Grant proposed by the Boys & Girls Club ofLodilHackensack in the amount of$150,000.00
the Juvenile Intervention Program.
Resolution No. 12-150 entering into a Grant Agreement with the County of Bergen for the
purpose of using $250,406.00 in 2012 Community Development Block grant for Road
Resurfacing.
for
11. Resolution No. 12-151 authorizing to refund overpayment of taxes due to a State Tax Court
Judgment.
12. Resolution No. 12-152 rescinding resolution no. 120132 and resolution no. 12-133 due to
duplication.
13. Resolution No. 12-153 rejecting the bids for Sidewalk Repair, Resetting, Leveling and/or
Replacement.
14. Resolution No. 12-154 authorizing the acceptance of the bid contract for the CDBG Roadway
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Improvements Program 2012 to AJM Contractors for a base bid amount of $46,653 .90 for Bernice
Place.
MOTION: CM Masopust, second CW Licata to approve numbers 1 through 14 by consent.
Ayes: (4) CW Fiduccia, CW Licata, CM Masopust, Mayor Schrieks.
Absent: (1) Deputy Mayor Cima.
(B) RESOLUTIONS
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ORDINANCES
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Hearing & Adoption; Ordinance No. 2012-03; An Ordinance to amend Ordinance No. 192-1; An
Ordinance creating and establishing the Administrative Code of the Borough ofLodi, County of
Bergen, State of New Jersey, in accordance with the form of government known as the Municipal
Manager Form of Government Law pursuant to NJ .S.AAO:79-1, et. seq.
•. Mayor opened hearing on Ordinance No. 2012-03.
Any Citizens in the audience wishing to be heard. Yes
1. Ryan Curioni- 76 Liberty Street, Lodi spoke about the ordinance not being on the agenda at the
last meeting. Mayor clarified it for Mr. Curioni that said ordinance was introduced at the August
21,2012 public meeting and said notice was fully published in the Record Newspaper on
August 27,2012.
Mayor closed hearing on Ordinance No. 2012-03.
MOTION: CM Masopust, second CW Fiduccia to adopt Ordinance No. 2012-03.
Ayes:(4) CW Fiduccia, CW Licata, CM Masopust, Mayor Schrieks.
Absent: (1) Deputy Mayor Cima.
Hearing & Adoption; Ordinance No. 2012-08; An Ordinance to amend Ordinance No. 808-31; An
Ordinance to provide for the licensing of businesses engaged in the sale of vehicles and to provide
regulations for the operation of said businesses also known as Ordinance No. 808-31.
Mayor opened hearing on Ordinance No. 2012-08.
Any Citizens in the Audience wishing to be heard. None.
Mayor closed hearing on Ordinance No. 2012-08.
MOTION: CM Masopust, second CW Licata to adopt.
Ayes: (4) CW Fiduccia, CW Licata, CM Masopust, Mayor Schrieks.
Absent: (1) Deputy Mayor Cima.
MAYOR AND COUNCIL REPORTS
OLD BUSINESS
NEW BUSINESS
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HEARING OF CITIZENS
1. Fred Hesse-II Massey Street, Lodi, Member of the American Legion Post 136; asked for
recommendations for help and support in the rebuilding of the American Legion Fund. He
talked about the accomplishments of the American Legion and asked if there is a way to give
them assistance. They need to re-open their building and would seek any help the Borough can
give them.
Mayor asked what avenue they have they explored through the County of Bergen because there
are possible grants to apply for. Mayor explained that the Borough endorses Community
Development Block Grants through the County for funding. Mayor stated that we can get a
copy of the application for you.
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2. Virginia Zito - 35 Avenue D, Lodi; spoke about the odor coming from National Transfer. Their
trailers are loaded and if they are not finished on Saturdays, the trailers stay until Monday. The
trailers are kept outside and the odors are terrible. Matters was discussed about the Host
Community Agreement that according to the agreement they have to be enclosed with the
filtration on. Mrs. Zito wanted to know the status of the Kennedy Park dome. Mayor stated that
we gave all the funding for that project back. Mrs. Zito stated that where her niece lives they
have 14 schools and all of the schools are utilized. Municipal Manager stated that the Borough
have $700,000.00 in funding back. It is a dead issue and some of the other towns will reap from
the funding we returned.
3. Sally Rem us - 114 Elm Street, Lodi; Coordinator for "Lodi Animal Rescue Group" , thanked the
governing body from the bottom of her heart for the neutering/spaying program.
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4. Resident from 81 Richmond
Street spoke about the cats and kittens and the program.
5. Resident from 37 MacArthur Avenue, Lodi spoke about the feeding of the cats. Municipal
manager stated that our ordinance calls for supervised feeding. You can put food out and leave it
for the cats, but you must pick up the dish and bowl. You cannot just leave itthere.
6. Sister from Immaculate
Conception
Convent thanked the governing body for this program.
7. Connie Penabad - 84 Avenue B; spoke about the cat trapping program and thanked the
governing body for all the funding. It is a great program in the town. Municipal Manager stated
there are so many cats on the streets. We possibly may work with Fair Lawn on an adoption
center.
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8. Joseph Russo - 356 North Main Street, Lodi spoke about the 911 system we have incorporated
in the Borough. He spoke about the procedures and the agreement with the County. Matter
discussed. Municipal Manager explained the procedure. Municipal Manager stated that Sgt
Salerno is working on the disconnecting problem right now. Mr. Russo wanted to know why
we.hire all out of town police officers and not Lodi officers. Municipal Manager stated that
since 2003 we must hire from a list that is given us and by law we must hire according to that
list. Mr. Russo asked why the Borough had gotten rid of the 911 system. Mayor answered it
was a recommendation from the Police Department.
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Ryan Curioni - 76 Liberty Street, Lodi; asked Borough Attorney ifhe received the decision from
the state regarding your inquiry about pension padding? Borough Attorney told Mr. Curioni at
last meeting we discussed the Boxer Report which came out at a certain date ..We immediately
after that we assigned the task to out Labor Attorney to review the status of any professionals that
our employed by the Borough that might be in the pension program that may not belong there. We
had the suspicion of one profession that mayor may not be entitled to be in the pension program
and we reported that to our labor law counsel to look into. When you came to that meeting that
was already in the process. We had already taken the initiative once we saw the Boxer Report in
the newspaper. We have since heard and heremembers speaking specifically about one of the
members who was a part-time special counsel/tax appeal attorney who is doing both of those tasks
is also the Deputy Emergency Management Coordinator and because he was a part-time Borough
employee as an emergency management Coordinator, we may not be able to remove him from the
pension system. So since then we asked him to write to the Department of Pension Benefits and he
has spoken to them and got information and since then the person who is the part-time special
legal counsel/tax appeal attorney has been removed from the pension program in his position as
such. However, he remains in the pension program only for the limited purpose of his position as a
Deputy Emergency Management Coordinator. So that has taken place. We removed him
retroactive July 1, 2008 which means that person will be getting a refund for the amount that was
taken out of his pay, approx 5% contribution on his payment and the Borough will be getting back
its contribution they made approx. 5% and any small amount the state has made will be getting
back their contribution as well. So from what we understand we are now in full compliance. This
is what we did without being audited from the Department of Personnel or Government
Accounting Office. So that has been taken care of. To the Borough Attorney's knowledge none of
the other professionals.
Municipal Manager stated he spoke to the Department of Pensions and they sent him a letter.
We had to leave that one O.E.M. individual in and the other one we had to leave in was the Judge.
Borough Attorney replied because it did not apply to judges because this was a professional
service contract by the Boxer Report. The Judge was not a professional service contract provider.
She was governed by other rules, so our labor law counsel indicated that person should remain and
we asked the opinion of the State Division of Pension Benefits and they also agreed that the Judge
would stay. Municipal Manager stated the Prosecutor was in it and has been removed. Borough
Attorney stated the position of Borough Attorney, Borough Auditor and all the other positions
were not in that program at all, so we did not have to remove anyone.
Mr. Curioni wanted to thank them for looking into that.
The other question Mr. Curioni asked; at the last meeting you said this council doesn't vote on
personnel at the regular public meeting. Borough Attorney stated, when it is personnel matters or
legal matters that there are certain matters under the Open Public Meeting Act that the Mayor and
Council have the right to or sometimes the obligation to close the meeting to the general public
when discussing personnel matters or legal matters or anything like that where we close the
meeting to the general public.
Borough Attorney tried to make it clearer. Mr. SpinielIi stated if there is a personnel matter that
we are dealing with and someone is being reprimanded or perhaps a number of applicants being
considered and there is something the Mayor and Council has to review, but the actually hiring of
that individual is done by the Borough Manager if it doesn't need Mayor and Council approval.
CW Masopust asked Borough Attorney of he could add to that. CM Masopust stated under this
form of government 1923 Municipal Manager Form of Government Law, the council
only has the authority to hire only 5 statutory positions which is the Auditor, Treasurer,
the Borough Clerk, Borough Attorney, Tax Collector and all the rest of the appointments
and hirings are done by the Municipal Manager. If you read that statute the Mayor and
Council are only allowed to hire those positions and are usually done at the July 1st
meeting and that's it.
Mr. Curioni stated for the name of transparency, if you do promote or anything like that could
you include it in the Manager's Report just so the public has an idea what is going on.
Municipal Manager stated that he does tell them at closed sessions when we have a work session.
Mr. Curioni stated, well, just so the public knows what is taking place.
Municipal Manager stated anyone can come upstairs and look. It is public information and
people come up there all the time, all day long. Anytime you want to come up you can
see who is working, what titles they are.
Mr. Curioni stated it is not only this council, he is interested in all towns and forms of
government.
Municipal Manager stated it is done in every other town because it is voted upon by the Mayor
and Council at a public meeting, but under this form of government it doesn't go to the
Mayor and Council for a vote and that is why it is not out in the public or in the minutes.
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Mr. Curioni spoke about the agendas not being of the website. After discussion between the
Mayor, Borough Clerk and Mr. Curioni, Borough Clerk asked Mr. Curioni, if that is
what he would like she will scan the agenda the morning of the meeting and type on it
that is may be subject to change.
MOTION: CM Masopust, second CW Fiduccia to go into closed session to discuss legal
issues that will be brought up by the Borough Attorney and Borough Auditor.
AYES: (4) CW Fiduccia, CW Licata, CM Masopust, Mayor Schrieks.
ABSENT: (1) Deputy Mayor Cima.
MOTION: CW Licata, second CM Masopust to go back into open regular meeting after
closed session.
TIME: 9:16 P.M.
AYES: (4) CW Fiduccia, CW Licata, CM Masopust, Mayor Schrieks.
ABSENT: (1) Deputy Mayor Cima.
ADJOURNMENT
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MOTION: CW Masopust, second CW Fiduccia to adjourn.
Ayes: (4) CW Fiduccia, CW Licata, CM Masopust, Mayor Schrieks.
Absent: (1) Deputy Mayor Cima.
TIME: 9:20 P.M.
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