WORK SESSION MEETING AGENDA February 21, 2017 Mayor & Board of Aldermen Town of Boonton 100 Washington Street Boonton, NJ 07005
Meeting begins at 7:00 p.m.
All cell phones must be turned off The Meeting of February 21, 2017 is now being recorded and called to order
ALDERMAN Mr. Michael Eoga Mr. Cyril Wekilsky Mr. Keith Price Mr. Bob Tullock Mr. Daniel Piccioni Mr. Scott Miniter Mr. James Plaisted Mr. James Lynch Mr. Matthew DiLauri Mr. Fred Semrau Mr. Terry McCue Ms. Cynthia Oravits
FLAG SALUTE ROLL CALL VOTE: TITLE st 1 Ward Alderman st 1 Ward Alderman nd 2 Ward Alderman nd 2 Ward Alderman rd 3 Ward Alderman rd 3 Ward Alderman th 4 Ward Alderman th 4 Ward Alderman Mayor Town Attorney Administrator Town Clerk
MAYOR’S STATEMENT Pursuant to the requirements of RS 10:4-10, I announce and direct the Clerk to enter into the Minutes of this meeting an accurate statement to the effect that: 1.
Notice of this meeting was posted at Town Hall on December 23, 2016 and this agenda was posted on February 16, 2017.
Notice of this meeting was published in the Citizen of Morris County and the Daily Record Newspapers on December 23, 2016 and a copy of this agenda was forwarded to each of the town’s official newspapers on February 16, 2017.
POLICE OFFICER George Westenberger IV will be sworn in as Police Officer for the Town of Boonton
PROCLAMATION Mayor DiLauri will present a Proclamation to Mrs. Pat Masterbone honoring former Mayor Louis Masterbone
CORRESPONDENCE – Alderman Tullock 1.
Letter received from PBA Local 212 President Karl Mangino, requesting to hold their 4 Annual 5K run/walk and kids one mile fun run on Sunday, April 2, 2017 along Boonton streets. Also requested are the following: a. b. c. d.
Use of Boonton streets listed in their request letter. Closure of Park Avenue extension between Roessler and Kanouse Streets for a block party. ABC Social Affairs license in order to serve alcohol. Coordination with the DPW for their resources in preparing the course for closure/signage, roadway repairs, clearing and access to the recycling center on race day.
Letter received from Luke Cicala, Boy Scout Troop 1 requesting to conduct a project for the Eagle Scout rank.
Redevelopment Process with Town Planner Jeffrey Janota
Maryjude Haddock-Weiler, Principal Planner of the Highlands Council will give a presentation on the organization
Chris Manzella, Executive Director of Boonton Main Street will present their Quarterly Report
MEETING OPEN TO THE PUBLIC Mayor DiLauri will open this portion of the meeting to the Public
CONSENT AGENDA – Alderman Piccioni Resolutions 17-67 through 17-72 RESOLUTION 17-67 RESOLUTION TO ADOPT MINUTES OF THE MAYOR AND BOARD OF ALDERMEN MEETINGS BE IT RESOLVED by the Mayor and Board of Aldermen of the Town of Boonton, County of Morris and State of New Jersey, that the Minutes from the following meetings are hereby approved as typed and filed in the Town Clerk’s office: February 6, 2017 – Regular and Closed Session RESOLUTION 17-68 RESOLUTION TO APPROVE PAYMENT OF VOUCHERS WHEREAS, vouchers for payment have been submitted to the Mayor and Board of Aldermen by the various municipal departments. NOW THEREFORE, BE IT RESOLVED by the Mayor and Board of Aldermen of the Town of Boonton, County of Morris and State of New Jersey, all vouchers approved by the respective committees be and are hereby ordered paid. RESOLUTION 17-69 RESOLUTION APPROVING AUTOMATIC AMUSEMENT GAME APPLICATION FOR BOONTON LANES, LLC BE IT RESOLVED by the Mayor and Board of Aldermen of the Town of Boonton, New Jersey, that all papers being in good order, the proper fee having been paid and the applicable inspections and approvals conducted and provided
by the appropriate police, fire and health officials, the Clerk is hereby authorized to issue an Automatic Amusement Game Permit for 2017 to Boonton Lanes, LLC, 720 Myrtle Avenue, Boonton, NJ 07005. RESOLUTION 17-70 RESOLUTION OF THE TOWN OF BOONTON, COUNTY OF MORRIS AND STATE OF NEW JERSEY TO URGE BOTH LOCAL AND STATE REPRESENTATIVES TO SUPPORT LEGISLATION REQUIRING SCHOOL DISTRICTS, CHARTER SCHOOLS AND CONTRACTED SERVICE PROVIDERS HOLDING A CONTRACT WITH A SCHOOL DISTRICT OR CHARTER SCHOOL TO REVIEW THE EMPLOYMENT HISTORY OF APPLICANTS REGARDING CHILD ABUSE AND SEXUAL MISCONDUCT ALLEGATIONS WHEREAS, the Mayor and Board of Aldermen of the Town of Boonton believes that the protection of the public and its citizens’ health is essential to the safety and well-being of our society; and WHEREAS, the Mayor and Board of Aldermen further believe that a critical component of protecting the public is ensuring the safety and well-being of the Town’s children; and WHEREAS, to ensure the safety and well-being of children in their care, school districts, charter schools, and contracted service providers holding contracts with school districts and charter schools should have access to any information regarding potential employees indicating child abuse and/or sexual misconduct allegations; and WHEREAS, Assembly Bill No. 4442 was recently introduced in the State of New Jersey Legislature sponsored by District 26 Assemblyman Jay Webber which requires school districts, charter schools, and contracted service providers holding contracts with school districts and charter schools to requires and obtain any information from potential employees and their current and former employers indicating child abuse and sexual misconduct allegations; and WHEREAS, the Bill further provides legal protection to employers for disclosing such information, and prohibits school districts, charter schools and their contracted service providers from entering into any agreement that would make such information confidential or would otherwise expunge such information unless an allegation was determined to be false or unsubstantiated; and WHEREAS, the Mayor and Board of Aldermen believe this bill would help achieve the aforementioned goal of protecting the children of the Town and of the State of New Jersey. NOW THEREFORE, BE IT RESOLVED by the Mayor and Board of Aldermen of the Town of Boonton that the Town of Boonton affirms its support in the State’s attempt to protect all children through adoption of this bill; and BE IT FURTHER RESOLVED that the Town of Boonton shall direct the Town Clerk to transmit a copy of this resolution to Governor Chris Christie, the Town’s State Legislative representatives and the freeholders of Morris County. RESOLUTION 17-71 RESOLUTION APPOINTING RAYMOND RYERSON, III AS A MEMBER OF THE BOONTON JUNIOR VOLUNTEER FIRE DEPARTMENT BE IT RESOLVED by the Mayor and Board of Aldermen of the Town of Boonton that Raymond Ryerson, III, 210 Marc Blvd., Boonton, NJ be and is hereby appointed as a member of the Boonton Junior Volunteer Fire Department effective February 18, 2017. RESOLUTION 17-72RESOLUTION ENDORSING AN APPLICATION FOR A SPECIAL PERMIT FOR SOCIAL AFFAIRS FOR THE TOWN OF BOONTON PBA LOCAL 212 CIVIC ASSOCIATION INC. WHEREAS, the the Town of Boonton PBA Local 212 Civic Association Inc. is applying to the State of New Jersey ABC
for a special social permit to serve alcoholic beverages at their annual SRT 5K Run/Walk Block Party on April 2, 1027 from 9:00 a.m. to 1:00 p.m. to raise funds for the Boonton SRT. WHEREAS, the Mayor and Board of Aldermen of the Town of Boonton, New Jersey, believe that this is a worthwhile cause and it is the type of affair that the PBA Local 212 Civic Association has successfully operated in the past; and have no objection to the application and endorse same. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Aldermen of the Town of Boonton, New Jersey, that they do hereby endorse the application of the Town of Boonton PBA Local 212 Civic Association, Inc. for a Social Affair Permit on April 2, 2017 to serve alcoholic beverages in connection with a fund raiser and does hereby authorize the Town Clerk to execute the special permit application to indicate that the Town of Boonton has no objection.
CONSENT AGENDA Roll Call vote for Resolutions 17-67 through 17-72 MOVED: BOARD MEMBER Mr. Eoga Mr. Lynch Mr. Miniter Mr. Piccioni Mr. Plaisted Mr. Price Mr. Tullock Mr. Wekilsky Mayor DiLauri
SECONDED: NO ABSTAIN
MAYOR, BOARD OF ALDERMEN AND ATTORNEY GENERAL DISCUSSION ITEMS Items and/or resolutions must be listed that are to be discussed 1. 2. 3. 4.
NJ Transit regarding the railroad bridge on Main Street Grants – Rockaway Street Division Street Parking Lot Status – Current agreement expires February 22, 2017. Administrator/CFO Hiring process
ORDINANCES – Public Hearing/Adoption – Alderman Lynch ORDINANCE 06-17 AN ORDINANCE OF THE TOWN OF BOONTON TO ABOLISH THE CURRENT BOARD OF HEALTH AND AMEND CHAPTER 10 “BOARDS, COMMISSIONS AND COMMITTEES” TO REESTABLISH A BOARD OF HEALTH AND TO READOPT ALL EXISTING BOARD OF HEALTH LEGISLATION WHEREAS, the Town of Boonton currently has a Board of Health which was established pursuant an Ordinance adopted in 1907 and readopted in its entirety in 1956 and 1985; and WHEREAS, although the Board of Health has been in effect and active, a legal review of the Town Code revealed a need to reestablish the Board of Health to ensure compliance with the current statutes; and WHEREAS, the Mayor and Board of Aldermen have reviewed the current code relating to the Board of Health and determined that same must be amended to ensure it is in compliance with current New Jersey statutes; and
WHEREAS, pursuant to the governing statutes, the Town has the power to abolish the current Board of Health and reorganize its membership pursuant to N.J.S.A. §26:3-1 et seq.; and WHEREAS, the Mayor and Board of Aldermen have determined that it is in the best interests of the Town to reestablish the Board of Health and to confirm and readopt all existing Board of Health legislation; NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Board of Aldermen of the Town of Boonton, in the County of Morris and State of New Jersey, as follows: Section 1.
Abolishment of the Current Board of Health.
The 1907 Ordinance establishing the Board of Health and define its powers is hereby repealed in its entirety and the functions and authority of the Board of Health are hereby reorganized as indicated below. Section 2.
Reestablishment of Board of Health
Chapter 10 “Boards, Commissions and Committees” shall be amended to add Article VI “Board of Health” and will read as follows: §10-18 Board of Health established. There shall be in and for the Town of Boonton a Board of Health, in accordance with "An Act to establish in this State Boards of Health and a Bureau of Vital Statistics and to define their respective powers and duties," approved March 31, 1887, and the acts supplementary thereto and amendatory thereof. §10-19 Membership; appointment; terms; vacancies. A.
Said Board of Health shall consist of five (5) members and two (2) alternate members to be appointed by the Mayor and Board of Aldermen of the Town of Boonton pursuant to N.J.S.A. 26:3-3. All members must be residents of the Town, except that upon the consent of the prospective appointee, the governing body may appoint a school nurse or the municipal physician to the local board, notwithstanding that the nurse or physician is not a resident of the Town. (1) No member of the Board of Health may act on any matter in which he/she has either directly or indirectly any personal or financial interest.
Terms Category 1. Category 2.
Three (3) members: Three (1) year initial terms following appointment; Two (2) members: Two (2) year initial terms following appointment; and
After the initial terms, each member newly appointed or reappointed will serve a two (2) year term. All members of the Board of Health shall hold said office for the terms indicated above, except in the case of vacancies. Members appointed to fill a vacancy caused otherwise than by the expiration of the term of office shall fill the vacancy for the unexpired term only. C.
Terms of Alternate Members Alternate 1: Two (2) year initial term following appointment; Alternate 2: One (1) year initial terms following appointment. After the initial terms, each Alternate member newly appointed or reappointed will serve a two (2) year term.
All Alternate members of the Board of Health shall hold said office for the terms indicated above, except in the case of vacancies. Alternate members appointed to fill a vacancy cause otherwise than by the expiration of the term of office shall fill the vacancy for the unexpired term only. (1) An alternate member shall not be permitted to act on any matter in which he has either directly or indirectly any personal or financial interest. (2) An alternate member may, after public hearing if he requests one, be removed by the governing body for cause. (3) An alternate member may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote first. D.
The Mayor and Board of Alderman may appoint one (1) member of the governing body to sit on the Board of Health as a liaison.
§10-20 Other officers. Said Board of Health shall appoint a Registrar of Vital Statistics, Clerk and Sanitary Inspector, and it may also appoint such officers or assistants as said Board of Health may deem necessary. All appointees of said Board of Health shall be governed by the rules of said Board, and they may be removed for cause by said Board. The police officers of the Town of Boonton shall be special sanitary inspectors, and they shall promptly report to the Board of Health every violation of the health ordinances of the Town of Boonton which may come within their observation or knowledge. §10-21 President of Board of Health. There shall be a President of the Board of Health, who shall preside at all its meetings. The President shall be appointed by the Board of Health from among its members for a term of one (1) year. §10-22 Health Officer. There shall be a Health Officer of the Board of Health, who shall be responsible to the Board of Health. The Health Officer shall hold all necessary licenses. He/she shall be appointed by the Board of Health for a term of one (1) year. The Health Officer shall, subject to the superior authority of the Board, be the general agent of the Board for the enforcement of its ordinances and the sanitary laws of the State of New Jersey. §10-23 Additional personnel. The Board may employ such other personnel as it deems necessary, including technicians, inspectors and others necessary to carry out the powers vested in the Board by law and by this chapter. All such personnel shall be appropriately licensed, where required. §10-24 Powers and duties of officers and employees. A.
The President shall be the Chief Executive officer of the Board; he/she shall preside at all meetings of the Board and shall appoint all committees and have all such other powers as may, by law or by the provisions of this chapter, be vested in him/her. During the intervals between regular meetings, the President shall represent the Board in all executive and judicial matters, and he/she shall have the power and duty to appoint at the annual meeting or immediately thereafter, with the advice and consent of the Board, officers and committees as may from time to time be required to be appointed and provision for whose appointment is not otherwise made in this chapter or subsequent legislation by the Board or by statute.
The Secretary shall keep the minutes of all the proceedings of the Board, conduct all the official correspondence of the Board, maintain proper copies of the same, tabulate and complete all reports required by any superior authority, local, state or national, and make such other reports as may be required or directed by the Board. He/she shall procure all books, stationery and other supplies as may be required by the Board and shall keep a record of all applications for licenses or permits, the date of applications and the action of the Board, if any, thereon and all such other pertinent information as may be necessary for a complete record of each such application.
The Registrar of Vital Statistics shall keep all such records of that office as required by the Bureau of Vital Statistics of the State of New Jersey, and he shall perform such other duties as may be required.
The Health Officer, Sanitary Inspector, and Registrar of Vital Statistics shall each make a written report monthly to the Board. All of the above-named appointees shall perform such duties as may be directed by the Statutes of the State of New Jersey, the provisions of this code or as they may from time to time be directed by the Board.
§10-25 Powers and duties of Board members. Every member of the Board and all officers and employees thereof shall, by virtue of their respective appointments, be vested with the power and authority to make any and all inspections or examinations under the statutes of this state required to be made by local Boards of Health or required by any Code, ordinance, regulation or order of the Board. They shall report to the Health Officer any violations occurring in the interim between meetings of the Board, and all persons are hereby forbidden to interfere with or obstruct such inspections or examinations. §10-26 Emergency powers of Health Officer. Whenever the Health Officer finds that the public safety will not permit delay, he may exercise one or more of the following powers without having to resort to legal proceedings and without the necessity of giving notice or holding any hearing which would otherwise be required under any provision of this chapter: A.
Power to prevent the sale of food. The Health Officer may prohibit the importation into the town or sale of any food, drink or other item intended for human consumption or use from a source suspected of being infected, contaminated, unsanitary, unhealthy or dangerous.
Power to seize and destroy unwholesome food. The Health Officer may order the seizure and destruction of any food, drink or other item intended for human consumption which is unwholesome or dangerous or likely to cause sickness or injury to the persons who consume it.
§10-27 Right of entry. A.
Inspection of premises. The Board of Health, its agents, employees and designees shall have the right to inspect any premises in the town if they have reason to believe that any provision of this chapter is being violated or as part of a regular program of inspection.
Search warrant. If the owner or occupant of any premises refuses to permit entry for the purpose of inspection, the Board of Health may apply to the Municipal Judge for a search warrant. The application shall be based upon an affidavit setting forth that the inspection is part of a regular program of inspection or that conditions and circumstances provide a reasonable basis for believing that a nuisance or unsanitary or unhealthy condition exists on the premises. If the Judge is satisfied as to the matters set forth in the affidavit, he shall authorize the issuance of a search warrant permitting access to and inspection of the premises.
§10-28 Abatement of nuisances. A.
Notice to abate nuisance. (1) Whenever anything declared by the Town Code or the Board of Health Regulations to be a nuisance or any unsanitary or unhealthy condition is found on any premises within the town, notice shall be given to the owner or person in control of the premises to remove or abate it within the time specified, not less than five (5) days from the date of service in the notice. (2) Whenever anything declared by the Town Code or Board of Health Regulations to be a nuisance or any unsanitary or unhealthy condition is found on any public property, highway or other public premises or place, notice shall be given to the person in charge to remove or abate the same within the time specified. If that person fails to comply with the notice within the time specified, the Board of Health or its agents, employees or designee may remove or abate such nuisance or condition in the manner provided for a like condition existing on private premises.
Abatement by Health Officer. If the owner or person in control of the premises, upon being notified as provided by Subsection A, does not comply with the notice within the time specified and fails to remove or abate the nuisance or condition, the Board of Health or its agents or employees shall proceed to abate the nuisance or condition or may cause it to be removed or abated in a summary manner by such means as shall be deemed proper.
Recovery of costs. (1) Whenever any costs are incurred by the town as a result of the Board of Health, its agents, employees or designee abating or removing or causing to be abated or removed any nuisance or unsanitary or unhealthy condition, such costs may be recovered in the following manner: (a) In all cases where practical and permitted by law, such costs shall be certified to the tax assessment authority and shall be a part of the taxes next assessed against the premises upon which the nuisance or unsanitary or unhealthy condition was located. (b) Where it is impossible or impractical to proceed under Subsection C(1)(a), the costs shall be recovered in an action at law in any court of competent jurisdiction, such action to be instituted by the Board of Health in the name of the town or ex rel. the State of New Jersey. (2) Regardless of how costs are actually recovered, they shall be in addition to and shall not affect the imposition of any penalties for the violation of this section.
§10-29 Rules and regulations authorized. The Board of Health may by resolution make rules and regulations which interpret or amplify any provision of this chapter or for the purpose of making the provisions of this chapter more effective. No regulation shall be inconsistent with, alter or amend any provision of this chapter, and no regulation shall impose any requirement which is in addition to or greater than the requirements that are expressly or by implication imposed by any provision of this chapter. §10-30 Regular meetings. A
The Board of Health shall hold regular meetings and shall publicize said meeting schedule in accordance with the Open Public Meetings Act.
Minutes of each meeting shall be kept in accordance with the Open Public Meetings Act.
The Secretary to the Board of Health shall ensure that a copy of each meetings minutes are provided to the Town Clerk within two (2) weeks of the meeting.
§10-31 Violations and penalties. A.
Maximum penalty. Any person violating any of the provisions of any chapter adopted by the Board of Health of the town shall, upon conviction thereof, pay a penalty of not less than $5 nor more than $500 for each offense. Complaint shall be made in the Municipal Court of the town or before another judicial officer having authority under the laws of the State of New Jersey. The Court shall have the power to impose the other and additional penalties provided by N.J.S.A. §26:3-77 and N.J.S.A. §26:3-78.
Separate violation. Except as otherwise provided, each and every day in which a violation of any of the provisions of any chapter adopted by the Board of Health exists shall constitute a separate violation.
Collection of fees and penalties. All fees and penalties collected under any provision of any chapter adopted by the Board of Health shall be paid to the Chief Financial Officer of the town.
§10-32 Authority to adopt ordinances and codes. The Board of Health shall have the power to adopt ordinances and codes as provided in N.J.S.A. §26:3-64 et seq. §10-33 Debt within limit of appropriation. Said Board of Health shall not contract any debts of any kind beyond the amount of the appropriation first made for its use by the Mayor and Board of Aldermen. Prior to contracting any debts of any kind, the Board of Health shall provide at least thirty (30) days’ notice to the Mayor and Board of Alderman of said contract. Section 3.
Continuation of prior ordinances
Chapter 303, Board of Health Regulations, of the Code of the Town of Boonton, as heretofore adopted by the Board of Health, are hereby readopted in their entirety. Section 4. If any portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent portion, and such holding shall not affect the validity of the remaining portions hereof. Section 5. All Ordinances or parts of Ordinances inconsistent herewith are hereby repealed to the extent of such inconsistencies. Section 6. This Ordinance shall take effect immediately upon final passage and publication in the manner according to law.
MEETING OPEN TO THE PUBLIC Mayor DiLauri will open the meeting to the public for comment or discussion
CLOSED SESSION RESOLUTION 17RESOLUTION TO RECESS INTO CLOSED SESSION WHEREAS, Section 8 of the Open Public meetings Act, Chapter 231 P.L. 1975 permits the exclusion of the public from a meeting in certain circumstances; and WHEREAS, this public body is of the opinion that such circumstances presently exist.
NOW THEREFORE, BE IT RESOLVED by the Mayor and Board of Aldermen of the Town of Boonton in the County of Morris and State of New Jersey as follows: 1.
The public shall be excluded from discussion of and action upon the hereinafter specified subject matter(s).
The general nature of the subject matter to be discussed is as follows: ____________________
It is anticipated at this time that the above stated subject matter will be made public at the conclusion of each individual specified submit matter.
This resolution shall take effect immediately.
No action may be taken in Closed Session MOVED: VOICE VOTE:
SECONDED: IN FAVOR:____
ADJOURN There being no further business, the meeting shall adjourn: MOVED: VOICE VOTE:
SECONDED: IN FAVOR:____
AGAINST:_____ Time: ______________