Maywood

New Jersey

Borough of

Established in 1894
Departments
Calendars

**** PLEASE NOTE****

This is a preliminary agenda which may be incomplete and is subject to revision up until meeting time.

There will be complete agendas available to the public at meeting time.

 

WORK SESSION                                                                            AUGUST 12, 2014

15 PARK AVENUE                                                                            TUESDAY 7:30 PM

MAYWOOD, NJ 07607

 

 

“On January 2, 2014, adequate notice of this meeting pursuant to the Open Public Meetings Act has been furnished by inclusion thereof in the Annual Schedule of Meetings for 2014, which has been posted on the bulletin board at Borough Hall, filed with the Borough Clerk, faxed to the Our Town, The Record, The Community News and The County Seat newspapers and distributed to all persons, if any, requesting copies of same pursuant to said Act.”

 

In case of an emergency or fire alarm you must evacuate the building by using any of the exit doors in the room.  They are immediately to my right and the double doors at the rear of the room.  Occupants must exit the building by using the staircase and not the elevator.

 

This meeting is being recorded by both video and audio and may be rebroadcast.

 

 

SALUTE TO THE FLAG

 

 

Members of the Governing Body present: Mayor Padovano (    ) Council members Lindenau (    )

Morrone (    ) Eisenberg (     ) Messar (     ) Febre (    ) Ballerini (    ) Borough Attorney Ronald A. Dario (   ) Borough Clerk Jean M. Pelligra (    ) Borough Administrator Roberta Stern (     )

 

 

Greg Polyniak, Borough Engineer – Monthly Engineer Report

 

 

 

PROCLAMATIONS, PRESENTATIONS, ETC.

 

Proclamation supporting the Drive Sober or Get Pulled Over 2014 Statewide Crackdown

 

 

 

MEETING OPEN TO THE PUBLIC (FIVE MINUTE TIME FRAME)

 

 

 

 

 

 

 

 

 

 

 

PUBLIC HEARING ON PENDING ORDINANCES – ADOPTION OF ORDINANCES

 

ORDINANCE # 11-14

 

AN ORDINANCE TO amend Chapter 52 SUBSECTION 55 entitled “Employee’s retirement health and insurance benefits programsof the Borough of Maywood code in the Borough Of Maywood, State of New Jersey

 

 

Mayor Padovano opened the meeting to the public for any comments or questions relative to the foregoing ordinance.

 

Council member__________ moved for the adoption; seconded by Council member __________.

 

Mayor Padovano asked for a roll call vote.

 

Lindenau (    ) Morrone (     ) Eisenberg (     ) Messar (     ) Febre (     ) Ballerini (      )

 

BE IT RESOLVED by the Mayor and Council of the Borough of Maywood that Ordinance #11-14 be and is passed upon second and final reading and that the Borough Clerk is hereby authorized and directed to advertise the same according to law.

 

 

CORRESPONDENCE AND REPORT OF BOROUGH CLERK

 

 

 

REPORT OF ADMINISTRATOR

 

 

 

REPORT OF ATTORNEY

 

 

 

COMMITTEE REPORTS

 

 

 

REPORT OF MAYOR

 

 

 

ACTION LIST ITEMS

 

 

 

 

RESIGNATIONS – ACCEPTANCE OF THE FOLLOWING

 

NONE

 

 

APPOINTMENTS – APPROVAL OF THE FOLLOWING

 

  1. The following promotions for the Maywood Police Department effective August 12, 2014.

A.   Lieutenant. Joseph Natale to rank of Captain

B.    Sergeant Terrence Kenny and Mark Gillies to rank of Lieutenant

C.    Officers Mary Agnes Tutschek; Darryl Wuhrl; Richard Brown and Derek Smith to the rank of Sergeant.

 

  1. Substitute School Crossing Guards – Ronald Georgetti; Dominick LoBue; Eleni/Helen Mouzakitis; Douglas Fleming and Lisa Anzevino at an hourly rate of $12.50 per hour for a term expiring December 31, 2014.

 

  1. Daniel Kiely as DPW Supervisor at a salary of $70,000.00 effective August 12, 2014.

 

 

Council member __________ moved the appointments, seconded by Council member __________.

 

 

Mayor Padovano asked for a roll call vote.

 

Lindenau (    ) Morrone (     ) Eisenberg (     ) Messar (     ) Febre (     ) Ballerini (      )

 

 

COUNCIL APPROVAL OF THE FOLLOWING

 

  1. From the Maywood Inn submission of application to extend licensed premises for the Street Fair 8/17/14.

 

 

Council member __________ moved for the approval(s), seconded by Council member __________.

 

Mayor Padovano asked for a roll call vote.

 

 

Lindenau (    ) Morrone (     ) Eisenberg (     ) Messar (     ) Febre (     ) Ballerini (      )

 

 

 

 

 

 

 

 

RESOLUTIONS BY TITLE – CONSIDERATION OF THE FOLLOWING

 

 RESOLUTION # 126-14

 

Resolution Approving the Contract with the International Brotherhood of Teamsters Local 97 and Authorizing Mayor to Execute Agreement on Behalf of the Borough IN THE BOROUGH OF MAYWOOD, COUNTY OF BERGEN, NEW JERSEY

 

 

 

RESOLUTION #127-14

 

RESOLUTION OF THE BOROUGH OF MAYWOOD DIRECTING THE UNDERTAKING OF A CONTINUING DISCLOSURE REVIEW AND AUTHORIZING PARTICIPATION IN THE MUNICIPALITIES CONTINUING DISCLOSURE COOPERATION INITIATIVE OF THE DIVISION OF ENFORCEMENT OF THE U.S. SECURITIES AND EXCHANGE COMMISSION

 

 

 

Council member __________ moved for the adoptions, seconded by Council member __________.

 

Mayor Padovano asked for a roll call vote.

 

 

Lindenau (    ) Morrone (     ) Eisenberg (     ) Messar (     ) Febre (     ) Ballerini (      )

 

 

INTRODUCTION OF ORDINANCES

 

ORDINANCE  # 12-14

 

AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF MAYWOOD, SPECIFICALLY CHAPTER 312, ENTITLED “VEHICLES AND TRAFFIC”, MORE SPECIFICALLY SUBSECTION 312-35 ENTITLED “MID-BLOCK CROSSWALKS”

 

 

Council member __________ moved for the introduction, seconded by Council member __________.

 

Mayor Padovano asked for a roll call vote.

 

Lindenau (    ) Morrone (     ) Eisenberg (     ) Messar (     ) Febre (     ) Ballerini (      )

 

BE IT RESOLVED by the Mayor and Council of the Borough of Maywood that Ordinances #12-14, pass on first reading and that said Ordinance will be further considered for final passage at  a meeting of the Mayor and Council to be held on August 26, 2014 at 7:30 pm at the Borough Hall, 15 Park Avenue, Maywood, New Jersey at which time and place all persons interested therein will be given an opportunity to be heard concerning the same, and that the Borough Clerk is hereby authorized and directed to advertise the same according to law.

 

NEW BUSINESS

 

 

 

OLD BUSINESS

 

 

 

 

MISCELLANEOUS BUSINESS

 

 

 

 

CLOSED SESSION – IF APPLICABLE

 

Council member___________ made a motion to go into closed session; seconded by Council member___________

 

Lindenau (    ) Morrone (     ) Eisenberg (     ) Messar (     ) Febre (     ) Ballerini (      )

 

Closed Session Resolution #

 

Council member ______________ made a motion to return to the regular order of business; seconded by Council member____________.

 

 

Lindenau (    ) Morrone (     ) Eisenberg (     ) Messar (     ) Febre (     ) Ballerini (      )

 

 

ADJOURNMENT

 

Council member____________ moved the meeting be adjourned; seconded by Council member

__________ and so carried at _______________p.m.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Office of the Mayor

Proclamation

 

Whereas, impaired drivers on our nation’s roads kill someone every 30 minutes, 50 people per day, and almost 18,000 people each year; and

 

Whereas, 19% of motor vehicle fatalities in New Jersey in 2012 were alcohol-related; and

 

Whereas, an enforcement crackdown is planned to combat impaired driving; and

 

Whereas, the summer season and the Labor Day holiday in particular are traditionally times of social gatherings which include alcohol; and

 

Whereas, the State of New Jersey, Division of Highway Traffic Safety, has asked law enforcement agencies throughout the state to participate in the Drive Sober or Get Pulled Over 2014 Statewide Crackdown; and

 

Whereas, the project will involve increased impaired driving enforcement from August 15 through September 1, 2014; and

 

Whereas, an increase in impaired driving enforcement and a reduction in impaired driving will save lives on our roadways.

 

      NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Maywood, County of Bergen, New Jersey, that they declare its support for the Drive Sober or Get Pulled Over 2014 Statewide Crackdown from August 15, 2014 through September 1, 2014 and pledges to increase awareness of the dangers of drinking and driving.

 

 

 

 

ORDINANCE # 11-14  

AN ORDINANCE TO amend Chapter 52 SUBSECTION 55 entitled “Employee’s retirement health and insurance benefits programsof the Borough of Maywood code in the Borough Of Maywood, State of New Jersey

 

BE IT ORDAINED BY THE BOROUGH COUNCIL OF THE BOROUGH OF

MAYWOOD, IN THE COUNTY OF BERGEN AND STATE OF NEW JERSEY, AS

FOLLOWS:

 

WHEREAS, Maywood employees that are eligible are provided retirement benefits through the Public Employee's Retirement System (PERS). PERS is controlled and managed by the State of New Jersey and as such provides its own rules, procedures and regulations; and

 

WHEREAS, Borough of Maywood Code Chapter 52 subsection 55  entitled “Employee’s retirement health and insurance benefits programs”  section B is obsolete to current PERS regulations; and

 

WHEREAS, it is the intent of the Mayor and Council of the Borough of Maywood to revise and update this section so as to place all eligible employees on notice that any retirement benefits available are subject to the rules, procedurals and regulations of PERS;

 

NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of Maywood, Bergen County, New Jersey, as follows:

 

Section 1.  Chapter 52 subsection 55 section B is amended and shall read as follows:

 

B.  All eligible employees of the Borough are provided retirement benefits through the Public Employee's Retirement System (PERS) which is controlled and managed by the State of New Jersey. PERS members are subject to the rules, procedures and regulations there to which include but are not limited to eligibility.  The various types of retirement, requirements for same, and contributions required are described and elaborated upon in the New Jersey Public Employee Benefit Manual, the PERS website, or available by contacting PERS directly.

 

 

RESOLUTION # 126-14

Resolution Approving the Contract with the International Brotherhood of Teamsters Local 97 and Authorizing Mayor to Execute Agreement on Behalf of the Borough IN THE BOROUGH OF MAYWOOD, COUNTY OF BERGEN, NEW JERSEY

 

WHEREAS, the Borough of Maywood engaged in negotiations for a successor collective

negotiations agreement (“CNA”) with the International Brotherhood of Teamsters Local 97 who represents those employees of the Maywood Department of Public Works and has agreed to terms and concluded negotiations with respect to a new contract for the period of January 1, 2013 through December 31, 2016; and

WHEREAS, this agreement has been reached regarding the contract terms and conditions as reflected in the contract attached hereto and made a part hereof; and

WHEREAS the Mayor and Council of the Borough of Maywood wishes to approve said agreement;

 

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Maywood, County of Bergen, State of New Jersey, that the Mayor be and he is hereby authorized and directed to execute, and the Borough Clerk, is directed to attest to any documents necessary to enforce the terms and conditions in the new contract between the Borough of Maywood and the International Brotherhood of Teamsters Local 97 for the period of January 1, 2013 through December 31, 2016.

 

BE IT Further RESOLVED, that a copy of the within resolution together with a copy of the Agreement be on file in the Office of the Borough Clerk and be available for public inspection during regular business hours and pursuant to the laws of the State of New Jersey, County of Bergen and Borough of Maywood; and

 

 

 

RESOLUTION #127-14

RESOLUTION OF THE BOROUGH OF MAYWOOD DIRECTING THE UNDERTAKING OF A CONTINUING DISCLOSURE REVIEW AND AUTHORIZING PARTICIPATION IN THE MUNICIPALITIES CONTINUING DISCLOSURE COOPERATION INITIATIVE OF THE DIVISION OF ENFORCEMENT OF THE U.S. SECURITIES AND EXCHANGE COMMISSION

 

            WHEREAS, the Borough of Maywood (the “Governmental Entity”) has entered into continuing disclosure agreement(s) in connection with certain of its prior bond and/or note issuance(s) (the “Prior Issuances”), agreeing to file certain financial information and operating data and/or certain enumerated event notices with the former nationally recognized municipal securities information repositories or the Municipal Securities Rulemaking Board (the “MSRB”) pursuant to the provisions of Rule 15c2-12 of the Securities Exchange Act of 1934, as amended (the “Rule”); and

 

            WHEREAS, the Governmental Entity has made certain representations regarding its continuing disclosures in bond and/or note offering documents in connection with its Prior Issuances; and

 

            WHEREAS, in response to widespread concerns that many municipal issuers have not been complying with their obligations to file continuing disclosure documents under the Rule, and furthermore have made false representations concerning compliance in bond and note offering documents, the Division of Enforcement (the “Division”) of the U.S. Securities and Exchange Commission (the “Commission”) has set forth its Municipalities Continuing Disclosure Cooperation Initiative (the “MCDC Initiative”), attached hereto as Exhibit A, whereby the Commission will recommend favorable settlement terms to municipal issuers involved in the offer or sale of municipal securities, as well as underwriters of such offerings, if they self-report to the Division, by 12:00 a.m. on September 10, 2014, possible violations involving materially inaccurate statements in bond and note offering documents relating to prior compliance with continuing disclosure obligations pursuant to the Rule; and

 

            WHEREAS, pursuant to Local Finance Notice 2014-9, attached hereto as Exhibit B, the Director of the Local Finance Board, Division of Local Government Services of the Department of Community Affairs of the State of New Jersey, has recommended the undertaking of a Review (as hereinafter defined) by all municipal issuers and participation in the MCDC Initiative, where appropriate, as determined by the facts of each Review (the “LFB Recommendation”);

 

            NOW, THEREFORE, IN CONNECTION WITH THE LFB RECOMMENDATION, BE IT RESOLVED BY THE GOVERNMENTAL ENTITY, as follows: 

 

            Section 1.  The Governmental Entity, through its Chief Financial Officer or a third-party disclosure-dissemination agent, is hereby directed to conduct a continuing disclosure review of its prior continuing disclosure undertakings (the “Review”), and the Governmental Entity hereby ratifies any such previously conducted Review.  Such Review shall include, but is not limited to, a historical review of the Governmental Entity’s continuing disclosure obligations and filings in connection with its Prior Issuances that are presently outstanding and which are no longer outstanding but, as of the date five years prior to the date of submission of the Questionnaire (as hereinafter defined), were outstanding; and the undertaking, at any time, of any applicable remedial filings with the MSRB deemed necessary for compliance with its continuing disclosure obligations.

 

            Section 2.  The Governmental Entity, through its Chief Financial Officer, is hereby authorized to participate in the MCDC Initiative, if in the discretion of the Chief Financial Officer after consultation with Governmental Entity officials, it is determined that the Governmental Entity may have made materially inaccurate statements in its bond and/or note offering documents relating to prior compliance with continuing disclosure obligations pursuant to the Rule in connection with its Prior Issuances issued during the period beginning five years prior to the date of submission of the Questionnaire. 

 

            Section 3.  The Chief Financial Officer of the Governmental Entity is hereby authorized to execute and deliver any and all documents and instruments, including the Municipalities Continuing Disclosure Cooperation Initiative Questionnaire for Self-Reporting Entities contained in the MCDC Initiative (the “Questionnaire”), and to do and cause to be done any and all acts and things necessary or proper for participating in the MCDC Initiative and all related transactions, including the Review, contemplated by this resolution. 

 

            Section 4.  All resolutions or proceedings, or parts thereof, in conflict with the provisions of this resolution are to the extent of such conflict hereby repealed.

 

 

            Section 5.  This resolution shall become effective in accordance with applicable law.

 

 

 

 

EXHIBIT A


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EXHIBIT B

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ORDINANCE  # 12-14

AN ORDINANCE TO AMEND THE CODE OF THE BOROUGH OF MAYWOOD, SPECIFICALLY CHAPTER 312, ENTITLED “VEHICLES AND TRAFFIC”, MORE SPECIFICALLY SUBSECTION 312-35 ENTITLED “MID-BLOCK CROSSWALKS”

 

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE BOROUGH OF MAYWOOD AS FOLLOWS:

 

SECTION 1:           Subsection 312-35 Mid-block Crosswalks is hereby amended as follows:

 

Add:

Name of Street                                  Location

Maywood Avenue                              From a point approximately 210 feet south of the southwesterly curbline of Taplin Avenue to point 10 feet south thereof

Delete:

Name of Street                                  Location

Maywood Avenue                              From a point 261 feet north of the northwesterly curbline of Thoma Avenue with Maywood Avenue to a point 10 feet north thereof

                                                                

SECTION 2:           

Each section of this Ordinance and every subsection hereof shall be deemed independent, separate and distinct from all other sections, and the holding of any section of a part hereof to be unconstitutional, void, or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any section or part hereof.

 

SECTION 3:                      

All Ordinances, codes, or parts thereof that are inconsistent with this ordinance are repealed or otherwise modified.

 

SECTION 4:                      

No stopping or standing at any time is permitted within 25 feet of the crosswalk striping per N.J.S.A. 39:4-138E.

 

SECTION 5:                      

This Ordinance shall take effect upon passage and publication as required by law.

 

Upon adoption, a certified copy of this ordinance shall be forwarded to the County of Bergen for a consenting resolution.