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.

 

 

COUNCIL MEETING

APRIL 22, 2014

 

 

STATEMENT OF COMPLIANCE WITH THE OPEN PUBLIC MEETINGS ACT

“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.

 

 

INVOCATION  Reverend Gordon of the Rhema Life Center

 

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 (     )

 

 

 

WORK SESSION ITEMS –  items on or off agenda

 

 

 

PROCLAMATIONS, PRESENTATIONS, ETC.

 

Proclamation - Proclaiming April 25, 2014 as “Arbor Day”

 

 

MEETING OPEN TO THE PUBLIC (FIVE MINUTE TIME FRAME)

 

Mayor Padovano opened the meeting to the public for any comments on or off the agenda.

 

 

PUBLIC HEARING ON PENDING ORDINANCES - ADOPTION OF ORDINANCES

 

ORDINANCE # 7-14

 

“An ordinance to PROHIBIT SMOKING ON RECREATION AREAS INCLUDING PUBLIC PARKS, PLAYGROUNDS AND THE MUNICIPAL SWIMPOOL PROPERTY”

 

 

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

 

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 #7-14 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.

 

 

APPROVAL OF MINUTES

 

Council member_______ moved for approval of the March 11, 2014 Work Session and Closed Session minutes and the March 25, 2014 Council Meeting and Closed Session minutes; seconded by Council member ________.

 

Mayor Padovano asked for a roll call vote.

 

 

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

 

 

PRESENTATION OF BILLS AND CLAIMS AND REQUEST FOR PUBLIC COMMENT

 

The Clerk presented the bill resolution and supplemental bill resolution.

 

Council member ___________ moved for approval, seconded by Council member __________.

 

Mayor Padovano asked for a roll call vote.

 

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

 

CORRESPONDENCE AND REPORT OF THE BOROUGH CLERK

 

 

REPORT OF ADMINISTRATOR

 

 

 

REPORT OF THE ATTORNEY

 

 

 

COMMITTEE REPORTS

 

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

 

 

REPORT OF THE MAYOR

 

 

 

RESIGNATIONS - ACCEPTANCE OF THE FOLLOWING

 

NONE

 

APPOINTMENTS - APPROVAL OF THE FOLLOWING

 

1.     Maywood Recreation 2014 Summer Program Counselors: David Latrella and James Latrella - $7.25 per hour; Gina Lione-Napoli, Stephen Geerlof, Alexander Fleischmann

and Matthew Cofrancesco - $7.40 per hour; Alex  Vendola, Gabrielle Ulubay, Eliza DiTomasso - $7.75 per hour; Mary Kate Kubler - $8.50 per hour.

2.     Stephanie Engstrom as Assistant Director of the 2014 Full-Day Summer Program at an hourly rate of $12.00 per hour.

3.     Taylor Strothmann as Aftercare Supervisor of the 2014 Summer Aftercare Program at an hourly rate of $9.00 per hour.

 

  • All appointments are subject to the completion of all requirements set forth by the Borough.

 

 

Council member __________ moved the appointment(s), 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 Moon Doggie Coffee Roasters request for an outdoor dining permit.
  2. From Maywood Pancake House request for an outdoor dining permit.

 

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 # 85-14

A RESOLUTION RATIFYING AND CONFIRMING THE PURCHASE OF CUSTOMIZED VEHICLE EQUIPMENT FOR THE MAYWOOD POLICE DEPARTMENT WITH FUNDS FROM THE D.E.A. ACCOUNT

 

 

RESOLUTION # 86-14

RESOLUTION AUTHORIZING THE REFUND FOR OVERPAYMENT OF

TAX PAYMENT FOR BLOCK 132 LOT 23

 

 

RESOLUTION # 87-14

RESOLUTION CONFIRMING THE APPOINTMENT OF DONNA DEGREGORIO AS THE MUNICIPAL TREASURER WITHIN THE BOROUGH OF MAYWOOD

 

 

RESOLUTION # 88-14

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 # 89-14

A RESOLUTION AUTHORIZING THE DEMOLITION OF THE BATHROOMS/LOCKER ROOMS AT THE MAYWOOD MUNICIPAL SWIM POOL AND RATIFYING PAYMENT THEREOF

 

 

 

RESOLUTION # 90-14

2014 TEMPORARY CAPITAL BUDGET

 

 

 

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 # 4-14

 

AN ORDINANCE TO amend Chapter 52 entitled “personnel Policies” of the Borough of Maywood code in the Borough Of Maywood, State of New Jersey

 

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 Ordinance # 4-14, 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 May 13, 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.

 

 

ORDINANCE #9-14

 

REFUNDING BOND ORDINANCE PROVIDING FOR THE REFUNDING OF $4,650,000 AGGREGATE PRINCIPAL AMOUNT OF OUTSTANDING BONDS OF THE BOROUGH OF MAYWOOD, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY, APPROPRIATING A SUM NOT EXCEEDING $4,750,000 TO PAY THE COST THEREOF AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $4,750,000 AGGREGATE PRINCIPAL AMOUNT OF REFUNDING BONDS OF SAID BOROUGH TO FINANCE SUCH APPROPRIATION

 

 

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 Ordinance # 9-14, 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 May 13, 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 __________ .

 

 

ADJOURNMENT

 

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

____________ and so carried at ____________  pm.

 

 

 

 

Office of the Mayor

 

Proclamation

 

WHEREAS, the Borough of Maywood has previously been named “TREE CITY, USA” by the New Jersey Department of Forestry; and

 

            WHEREAS, the “TREE CITY USA” honor comes from the National Arbor Day Foundation, a non-profit educational organization dedicated to tree planting and environmental stewardship; and

 

            WHEREAS, communities entering the nationwide program receive the “TREE CITY USA” designation upon recommendation by state foresters, who co-sponsor the program; and

 

            WHEREAS, “TREE CITY USA” communities receive a flag with the program’s logo and a walnut-mounted plaque, “TREE CITY USA” community signs and maple leaf stickers indicating additional qualifying years; and

 

            WHEREAS, trees make a world of difference in our community, being recognized for the beauty and value of our homes, neighborhoods, parks and business areas; trees conserve energy, help clean the air, protect rivers and streams and provide homes for wildlife in certain areas of the State;

 

            NOW, THEREFORE, I, Gregg A. Padovano, Mayor of the Borough of Maywood, do hereby proclaim April 25, 2014 as ARBOR DAY in the Borough of Maywood and urge all citizens to support efforts to protect our trees and woodlands, and support our Borough’s urban forestry program.

 

 

 

 

 

 

 

ORDINANCE # 7-14

“An ordinance to PROHIBIT SMOKING ON RECREATION AREAS INCLUDING PUBLIC PARKS, PLAYGROUNDS AND THE MUNICIPAL SWIMPOOL PROPERTY”

 

 

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, pursuant to N.J.S.A. 40:48-2, the governing body of a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules, any by-laws not contrary to the laws of this state or of the United States, as it may deem necessary and proper for the good of government, order and protection of person and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; and

 

            WHEREAS, Chapter 52-79.3, "Smoking," of the Borough Code only prohibits smoking within the municipal workplace buildings/automobiles and does not address smoking in any other public building or on public property, such as public parks, recreational areas and swim pool; and

 

            WHEREAS, the previous State legislation which prohibited municipalities from passing strict local smoking laws that differed from the State standards was repealed and the State now expressly authorizes municipalities to enact strict ordinances regulating smoking under N.J.S.A. 26:3D-63; and

 

             WHEREAS, N.J.S.A. 2C:33-13b also provides that the owner and/or operator of a public place, such as public parks, recreational areas and swim pool, may prohibit smoking on such property; and

 

            WHEREAS, the Borough Council recognized the well-known health and safety risks posed by smoking and finds that it is within the public interest to prohibit smoking in public buildings and on public property, such as public parks, recreational areas and swim pool; and

 

WHEREAS, the Borough Council has determined that the public interest is especially implicated in preventing the youth of Maywood from being exposed and succumbing to the temptations of experimenting with tobacco products; and

 

WHEREAS, the Borough Council also finds that the appearance of parks, recreational areas and swim pool can be enhanced and the limited resources of the Borough's Department of Public Works can be conserved if smoking were to be banned from such areas, thereby keeping such areas free of the litter typically generated by the smoking of cigarettes, such as cigarette butts, ashes and packaging.

 

NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of Maywood, County of Bergen, State of New Jersey,  that the following ordinance be entered into the Borough Code as Chapter 234, be entitled “SMOKING ON PUBLIC PROPERTY” and shall contain the following language for the prohibition of smoking on public property. 

 

Section 1: Chapter 234 of the Borough of Maywood Code shall be entitled “SMOKING ON PUBLIC PROPERTY” and shall read as follows:

 

Title: Chapter 234: SMOKING ON PUBLIC PROPERTY  

 

Section 1 Definitions.

Section 2 Prohibition of smoking in public places; signs.

Section 3 Enforcement.

Section 4 Violations and penalties.

 

Chapter 234.1 Definitions

 

As used in this chapter, the following words shall have the following meanings:

 

ENCLOSED AREA

All areas between a floor and a ceiling, extending to the outer perimeter walls of a structure.

 

MUNICIPAL BUILDINGS

All structures owned, leased, rented and/or operated by the Borough of Maywood, and/or occupied by Borough employees and used for official business of the Borough of Maywood.

 

PARKS, RECREATIONAL FACILITIES and swim pool

All public parks, playgrounds, swim facilities and their surrounding areas, and ball fields publicly owned or leased by the Borough of Maywood and all property owned or leased by the Borough of Maywood upon which the public is invited or upon which the public is permitted and where individuals gather for recreational activities, including all areas adjacent to such facilities, including, but not limited to, any parking area, driveway or drive aisle.

 

SMOKING

The burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.

 

Chapter 234.2: Prohibition of smoking in public places; signs

 

A.   Smoking shall be prohibited in all municipal buildings as defined herein. No-smoking signs or the international no-smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line through its cross section) shall be clearly, sufficiently and conspicuously posted at each municipal building entrance and within each closed area where smoking is prohibited by this chapter. The signs shall be clearly visible to the public and shall contain letters or a symbol which contrast in color with the sign, indicating that smoking is prohibited therein. The sign shall also indicate that violators are subject to a fine.

 

B.    Smoking shall be prohibited within a thirty-five-foot radius of the front entrance of all municipal buildings. No-smoking signs or the international no-smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line through its cross section) shall be clearly, sufficiently and conspicuously posted both on the building and at the thirty-five-foot perimeter of the front entrance of all municipal buildings where smoking is prohibited by this chapter. The signs shall be clearly visible to the public and shall contain letters or a symbol which contrast in color with the sign, indicating that smoking is prohibited therein. The sign shall also indicate that violators are subject to a fine.

 

C.    Smoking shall be prohibited in all public parks, recreational areas and swim pool owned or leased by the Borough of Maywood and all property owned or leased by the Borough of Maywood upon which the public is invited or upon which the public is permitted and where individuals gather for recreational activities, including all areas adjacent to such facilities, including, but not limited to, any parking area, driveway or drive aisle, which have been designated with no-smoking signs. No-smoking signs or the international no-smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a diagonal red line through its cross section) shall be clearly, sufficiently and conspicuously posted in all areas regulated by this chapter. The signs shall be clearly visible to the public and shall contain letters or a symbol which contrasts in color with the sign, indicating that smoking is prohibited at the designated area. The sign shall also indicate that violators are subject to a fine.

 

D.   Smoking shall be prohibited in any vehicle registered to the Borough of Maywood.

 

Chapter 234.3: Enforcement

 

The enforcement authority of this chapter shall be the Police Department, Fire Department, Recreation Department, Public Works Department and Health Department of the Borough of Maywood.

 

Chapter 234.4: Violations and penalties

Any person who violates any provision of this chapter shall be subject to a fine of not less than $250 for the first offense, $500 for the second offense and $1,000 for each subsequent offense. Any municipal employee found in violation of this chapter may also be subject to discipline in accordance with the provisions of the Borough of Maywood's policies and procedures.

Section 2: Signage

 

All municipal signs shall be augmented or affixed to reflect these changes pursuant to Chapter 234.2 of this code and in accordance with State law.

 

Section 3: Effective Date

 

This Ordinance shall take effect upon passage and publication according to law.

 

 

 

RESOLUTION # 85-14

A RESOLUTION RATIFYING AND CONFIRMING THE PURCHASE OF CUSTOMIZED VEHICLE EQUIPMENT FOR THE MAYWOOD POLICE DEPARTMENT WITH FUNDS FROM THE D.E.A. ACCOUNT

 

            WHEREAS, a need exists within the Borough to purchase customized vehicle equipment for the Maywood Police Department; and

 

            WHEREAS, the Police Chief has indicated the purchase will be made fully with funds from the D.E.A. account; and

 

            WHEREAS, pursuant to Resolution # 31-14, purchases in excess of $1,000 require Mayor and Council approval;

 

            NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Maywood, Bergen County, New Jersey, that the Borough Administrator is hereby authorized to sign and issue a purchase order for the Police Chief to purchase the customized vehicle equipment for use of the Maywood Police Department in the sum totaling $4,460.83 for both vehicles, payable to Truck Vault, Inc. 315 Township Street, P.O. Box 734, Sedro-Woollwy, WA. 98284-0734, pursuant to the price quotations received from Truck Vault, Inc, whose response was most advantageous to the Borough, price and other factors considered.

 

 

RESOLUTION # 86-14

RESOLUTION AUTHORIZING THE REFUND FOR OVERPAYMENT OF TAX PAYMENT FOR BLOCK 132 LOT 23

 

            BE IT RESOLVED, by the Mayor and Council of the Borough of Maywood that the Tax Collector or designee is hereby authorized to issue a check in the amount of $ 2,126.88, payable to Awad & Abeer Wayel for an overpayment created on the 2014 first quarter taxes due to a bank escrow disbursement and the title company disbursement for property known as Block 132, Lot 23, 44 Beech Street, Maywood, NJ.

 

BE IT FURTHER RESOLVED, that the Borough Clerk is hereby authorized and directed to furnish copies of this resolution to the Chief Financial Officer and the Tax Collector.

 

 

RESOLUTION # 87-14

 

RESOLUTION CONFIRMING THE APPOINTMENT AND RATIFYING THE SALARY

OF DONNA DEGREGORIO AS THE MUNICIPAL TREASURER WITHIN THE BOROUGH OF MAYWOOD

 

                        WHEREAS, the Mayor and Council has appointed Donna DeGregorio as Municipal Treasurer of the Borough of Maywood; and

 

            WHEREAS, the Mayor and Council hereby ratifies and confirms the appointment of  Donna De Gregorio to the position of Municipal Treasurer of the Borough of Maywood upon the terms and conditions hereinafter set forth,

 

            NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE BOROUGH OF MAYWOOD, Bergen County, New Jersey, as follows:

 

1.      Effective upon the effective date of this Resolution # 87-14, Donna DeGregorio is hereby appointed to the executive position of Municipal Treasurer within the Finance Department of the Borough of Maywood at an annual salary, in accordance with Ordinance # 15-12 and as defined by N.J.S.A. 40A:9–165, in the amount of $4,000.00.  Such position is exempt from the overtime requirements contained in N.J.S.A. 34:11-56a et seq.

 

2.     The Municipal Treasurer shall perform such duties as may be assigned by the Mayor and Council, Finance Officer or the Borough Administrator.

 

 

RESOLUTION # 88-14

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 # 89-14

A RESOLUTION AUTHORIZING THE DEMOLITION OF THE BATHROOMS/LOCKER ROOMS AT THE MAYWOOD MUNICIPAL SWIM POOL AND RATIFYING PAYMENT THEREOF

 

            WHEREAS, a need exists within the Borough to perform the demolition to the men’s and women’s bathrooms/locker rooms at the Maywood Municipal Swim Pool: and

 

            WHEREAS, the cost of such demolition including removing all existing plumbing fixtures, disconnecting water and waste lines, removal of existing walls, tile and masonry walls and further work as stated in the submitted quotation is estimated to be below the bid threshold of $36,000, but in excess of $5,400, being 15% of the bid threshold; and

 

            WHEREAS, the Borough Administrator had solicited and received price quotations; and

 

            WHEREAS, pursuant to Section 9-7 of the Code of the Borough of Maywood, purchases in excess of $7,500 require Mayor and Council approval;

 

            NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Maywood, Bergen County, New Jersey, that the Borough Administrator is hereby authorized to purchase, and to sign and issue purchase orders for the demolition of the men’s and women’s bathrooms/locker rooms at the Maywood Municipal Swim Pool for the sum of  $ 34,300.00,  payable to One-Seventeen Builders, LLC., 117 Hartwich Street, Maywood, NJ 07607, pursuant to the price quotations received from One Seventeen Builders, LLC. whose response was most advantageous to the Borough, price and other factors considered.

 

 

RESOLUTION # 90-14

2014 TEMPORARY CAPITAL BUDGET

 

WHEREAS, the Borough of Maywood desires to constitute the 2014 Temporary Capital Budget of said municipality by inserting therein the following project.

 

NOW, THEREFORE BE IT RESOLVED by the Council of the Borough of Maywood as follows:

 

Section I. The 2014 Temporary Capital Budget of the Borough of Maywood is hereby constituted by the adoption of the schedule to read as follows:

 

Temporary Capital Budget of the

 

Borough of Maywood

 

County of Bergen, New Jersey

 

Projects Scheduled for 2014

 

Method of Financing

 

                                                                         Budget            Capital                                    Self

                                Est.                                   Appr.             Imp.                       Liquidating

Project                     Costs           Grants          Fund                Fund       Bonds          Bonds

 

Refunding Bonds     4,750,000                                                                4,750,000                

 

           

Section 2. The Clerk be and is authorized and directed to file a certified copy of this resolution with the Division of Local Government Services Department of Community Affairs, State of New Jersey, within three days after the adoption of this project for 2014 Temporary Capital Budget, to be included in the 2014 Permanent Capital Budget as adopted.

 

 

 

ORDINANCE # 4-14

AN ORDINANCE TO amend Chapter 52 entitled “personnel Policies” of 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, Borough of Maywood Code Chapter 52 entitled “Personnel Policies  provides for personnel polices of full time permanent employees of the Borough of Maywood who are not covered by collective negotiation agreements; and

 

WHEREAS, the Mayor and Council of the Borough of Maywood desire to revise and update the Personnel Policies of the Borough of Maywood;

 

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 subchapter 69 section C is amended to read as follows:

 

C.    Municipal vehicles are to be used only for official business of the Borough of Maywood. Personal use of municipal vehicles is prohibited and shall be cause for disciplinary action and/or removal from employment. Only authorized municipal personnel or persons conducting business with the Borough may be transported in municipal vehicles. The Borough Administrator may create an exception to this policy.

 

Section 2.  Chapter 52 Subchapter 79.4  is stricken in its entirety and shall be replaced with the following language and shall read as:

Title: Communication Media Policy

The Borough of Maywood’s Communication Media are the property of the Borough and, as such, are to be used for legitimate business purposes only.  For purposes of this Communication Media Policy, “Communication Media” includes all electronic media forms provided by the Borough, such as cell phones, smart phones, computers, electronic tablets, access to the internet, voicemail, email, and fax. 

 

All data stored on and/or transmitted through Communication Media is the property of the Borough.  For purposes of this policy, “Data” includes “electronically-stored files, programs, tables, data bases, audio and video objects, spreadsheets, reports and printed or microfiche materials which serve a Borough business purpose, regardless of who creates, processes or maintains the data, or whether the data is processed manually or though any of the Borough’s mainframe, midrange or workstations; servers, routers, gateways, bridges, hubs, switches and other hardware components of the Borough’s local or wide-area networks.”

                  

The Borough respects the individual privacy of its employees.  However, employee communications transmitted by the Borough’s Communication Media are not private to the individual.  All Communication Media and all communications and stored information transmitted, received, or contained in or through such media may be monitored by the Borough.  The Borough reserves the absolute right to access, review, audit and disclose all matters entered into, sent over, placed in storage in the Borough’s Communication Media.  By using the Borough’s equipment and/or Communication Media, employees consent to have such use monitored at any time, with or without notice, by Borough personnel.  The existence of passwords does not restrict or eliminate the Borough’s ability or right to access electronic communications.  However, the Borough cannot require the employee to provide its password to his/her personal account.  

 

All email, voicemail and Internet messages (including any technology-based messaging) are official documents subject to the provisions of the Open Public Records Act (NJSA 47:1A-1).  Employees of the Borough are required to use the assigned municipal email account for ALL Borough business and correspondence.  The use of private email accounts for ANY Borough business or during business hours is strictly prohibited.

 

Employees can only use the Borough’s Communication Media for legitimate business purposes.  Employees may not use Borough’s Communication Media in any way that is defamatory, obscene, or harassing or in violation of any Borough rules or policy.  Examples of forbidden transmissions or downloads include sexually-explicit messages; unwelcome propositions; ethnic or racial slurs; or any other message that can be construed to be harassment or disparaging to others based on their actual or perceived age, race, religion, sex, sexual orientation, gender identity or expression, genetic information, disability, national origin, ethnicity, citizenship, marital status or any other legally recognized protected basis under federal, state or local laws, regulations or ordinances.

 

All employees, who have been granted access to electronically-stored data, must use a logon ID assigned by Borough.  Certain data, or applications that process data, may require additional

security measures as determined by the Borough.  Employees must not share their passwords; and each employee is responsible for all activity that occurs in connection with their passwords.

 

All employees may access only data for which the Borough has given permission.  All employees must take appropriate actions to ensure that Borough data is protected from unauthorized access, use or distribution consistent with these policies.  Employees may not access or retrieve any information technology resource and store information other than where authorized. 

 

Employees must not disable anti-virus and other implemented security software for any reason, in order to minimize the risk of introducing computer viruses into the Borough’s computing environment.

 

Employees may not install or Modify ANY hardware device, software application, program code, either active or passive, or a portion thereof, without the express written permission from the Borough.  Employees may not upload, download, or otherwise transmit commercial software or any copyrighted materials belonging to parties outside of the Borough, or licensed to the Borough.  Employees shall observe the copyright and licensing restrictions of all software applications and shall not copy software from internal or external sources unless legally authorized.

 

The Borough encourages employees to share information with co-workers and with those outside the Borough for the purpose of gathering information, generating new ideas and learning from the work of others to the extent such sharing is permitted by the Borough.  Social media provides inexpensive, informal and timely ways to participate in an exchange of ideas and information.  However, information posted on a website is available to the public; therefore, employees must adhere to the following guidelines for their participation in social media.  Employees may engage in social media activity during work time through the use of the Borough’s Communication Media, provided that it is directly related to their work and it is in compliance with this policy.

 

Employees must not reveal or publicize confidential Borough information.  Confidential proprietary or sensitive information may be disseminated only to individuals with a need and a right to know, and where there is sufficient assurance that appropriate security of such information will be maintained.  Such information includes, but is not limited to the transmittal of personnel information such as medical records or related information.  In law enforcement

operations, confidential, proprietary or sensitive information also includes criminal history information, confidential informant identification, and intelligence and tactical operations files.

 

Employees are prohibited from releasing or disclosing any photographs, pictures, digital images of any crime scenes, traffic crashes, arrestees, detainees, people or job related incident or occurrence taken with the Borough’s Communication Media to any person, entity, business or media or Internet outlet whether on or off duty without the express written permission of the Mayor. Except in “emergency situations, “Employees are prohibited from taking digital images or photographs with media equipment not owned by the Borough.  For purposes of this section, an “emergency situation” involves a sudden and unforeseen combination of circumstances or the

resulting state that calls for immediate action, assistance or relief, and may include accidents, crimes and flights from accidents or crimes and the employee does not have access to the Borough’s Communication Media.  If such situation occurs, employee agrees that any images belong to the Borough and agree to release the image to the Borough and ensure its permanent deletion from media device upon direction from the Borough. 

 

No media advertisement, electronic bulletin board posting, or any other posting accessible via the Internet about the Borough or on behalf of the Borough, whether through the use of the Borough’s Communication Media or otherwise, may be issued unless it has first been approved by the (CEO of the local unit type).  Under no circumstances may information of a confidential, sensitive or otherwise proprietary nature be placed or posted on the Internet or otherwise disclosed to anyone outside the Borough.

 

Because (authorized) postings placed on the Internet through use of the Borough’s Communication Media will display on the Borough’s return address, any information posted on the Internet must reflect and adhere to all of the Borough’s standards and policies.

 

All users are personally accountable for messages that they originate or forward using the Borough’s Communication Media.  Misrepresenting, obscuring, suppressing, or replacing a user’s identity on any Communication Media is prohibited.  “Spoofing” (constructing electronic communications so that it appears to be from someone else) is prohibited. 

 

Employees must respect the laws regarding copyrights, trademarks, rights of public Borough and other third-party rights.  Any use of the Borough’s name, logos, service marks or trademarks outside the course of the employee’s employment, without the express consent of the Borough, is strictly prohibited.  To minimize the risk of a copyright violation, employees should provide references to the source(s) of information used and cite copyrighted works identified in online communications.

 

To the extent that employees use social media outside of their employment and in so doing employees identify themselves as Borough’s employees, or if they discuss matters related to the Borough on a social media site, employees must add a disclaimer on the front page, stating that it does not express the views of the Borough, and the employee is expressing only their personal views.  For example:  “The views expressed on this website/web log are mine alone and do not necessarily reflect the views of my employer.”  Place the disclaimer in a prominent position and repeat it for each posting that is expressing an opinion related to the Borough or the Borough’s

business.  Employees must keep in mind that, if they post information on a social media site that is in violation of Borough policy and/or federal, state or local laws, the disclaimer will not shield them from disciplinary action.

                            

Nothing in these policies is designed to interfere with, restrain or prevent employee communications regarding wages, hours or other terms and conditions of employment.  Borough employees have the right to engage in or refrain from such activities.

 

Video Surveillance

 

 

 
The Borough may install video surveillance camera systems within public buildings and throughout public areas within the Borough, primarily as visual deterrents of criminal behavior and for the protection of employees and municipal assets.  In implementing these video camera systems, the Borough will ensure compliance with federal, state and local laws governing such usage.

 

The Borough’s video surveillance camera systems are a significant tool to which the employees of the Borough will avail themselves in order to complete the goals and objectives of the Borough.  Employees are only permitted to use the video surveillance camera systems for a legitimate purpose and with proper authorization.  The Borough’s designee will be responsible for authorization of users.  The improper use of these systems can result in discipline up to and including termination.

 

No employee is permitted to view, continually watch, search, copy or otherwise use one of the Borough’s video surveillance camera systems or tamper with access, archive, alter, add to, or make copies of any data that has been recorded and stored within any of these systems without (1) a specific legitimate purpose and (2) permission for the designee of the Borough.

 

The Borough shall designate a person to be responsible for the maintenance and administration of the video surveillance camera system.  Such designee will be responsible for maintaining a user access log detailing the date and name of individuals who view/access a stored recording.  

 

Any employee who becomes aware of any unauthorized disclosure of a video record in a contravention of this policy and/or a potential privacy breach has the responsibility to ensure that the Borough Administrator and/or Chief of Police are immediately informed of such breach.

 

Section 3. Chapter 52 Subchapter 52 section A is stricken in its entirety and replaced with the following language:

A.  Family and Medical Leave Act Policy:

 

Employees may be eligible for an unpaid family and medical leave under the federal Family and Medical Leave Act (“FMLA”).  Employees also may be eligible for family and/or medical leave pursuant to the New Jersey Family Leave Act (“FLA”).  In order to be eligible for such leave, employees must have: one (1) year of service with the Borough; and, at least 1,000 hours of work (for New Jersey leave) and 1,250 hours of work (for Federal leave) during the previous twelve (12) months and is employed at a worksite where 50 or more employees are employed by the employer within 75 miles of the worksite (for Federal leave). Eligible employees may receive up to twelve (12) weeks of leave per year (FMLA) or twelve (12) weeks every twenty-four (24) months (FLA).

 

During the leave period, the employee’s health benefits will be continued on the same conditions as coverage would have been provided had the employee been employed continuously during the entire leave.  The employee will not continue to accrue vacation, sick or personal days for the period of the leave. The employee will receive seniority credit for the time that the employee has been on leave under this section.  At the conclusion of the leave period, an eligible employee is entitled to reinstatement to the position the employee previously held or to an equivalent one with the same terms and benefits that existed prior to the exercise of leave.

 

Upon written notice, eligible employees are entitled to a family or medical leave for up to twelve weeks to care for a newly born or adopted child or a seriously ill immediate family member, including civil union partner, or for the employee’s own serious health condition that makes the employee unable to perform the functions of the employee’s position.  Eligible employees who take leave under this policy must use all accrued available vacation and personal days during the leave.  The use of accrued time will not extend the leave period.  After exhausting accrued time, the employee will no longer be paid for the remainder of the leave.

 

The period of leave must be supported by a physician’s certificate.  An extension past twelve weeks can be requested, but medical verification of the need must be submitted prior to the expiration of the leave.  The Borough reserves the right to deny any request for extended leave.  Additional information concerning the Family Leave Policy and eligibility requirements are available from the (Personnel Administrator title).

 

Commencing July 1, 2009, Family Temporary Disability (“FTD”) payments for up to six (6) weeks in a twelve (12) month period will become available for eligible employees who are caring for a seriously ill immediate family member who is incapable of self-care or care of a newborn or adopted child.  To be eligible, the employee must have worked at least 20 weeks at minimum wage within the last 52 weeks or earned 1000 times the minimum wage.  The weekly benefit is 2/3 of weekly compensation up to a maximum of $524 per week (this amount is subject to change).  FTD will run concurrently with FMLA and/or FLA leaves and there is a one week waiting period.  Employees may also be required to use accrued sick, vacation or personal leave for up to two weeks.

 

Employees taking paid family leave in connection with a family member’s serious health condition may take leave intermittently or consecutively.  Intermittent leave is not available for the care of a newborn or adopted child.  Intermittent leave may be taken in increments necessary to address the circumstances that precipitated the need for leave.  An employee seeking intermittent paid family leave is required to provide the Borough with 15 days notice unless an emergency or other unforeseen circumstance precludes prior notice.  The employee seeking intermittent leave shall make a reasonable attempt to schedule leave in a non-disruptive manner.  Employees requesting such leave shall provide the Borough with a regular schedule of days for intermittent leave. 

 

Employees may also be eligible for an unpaid leave for up to twenty-six (26) workweeks in a year to care for a family member on active duty in the military or a covered veteran (a covered veteran is an individual who was discharged or released under conditions other than a dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran) with a serious injury or illness incurred in the line of duty on active duty for which the service member is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, or up to twelve (12) weeks in a year for a qualifying exigency. A qualifying exigency occurs when a military member is called to covered active duty (requires deployment to a foreign country) and a close member of his/her family must attend official ceremonies or family support or assistance meetings, there is a short-notice deployment, to attend to childcare matters, attend to financial and/or legal matters, or counseling. A serious injury or illness means an injury or illness incurred by a covered service member in the line of duty on active duty that may render the service member medically unfit to perform the duties of his or her office, grade, rank, or rating.

 

A serious injury or illness also means an injury or illness that was incurred by the covered veteran in the line of duty on active duty in the Armed Forces or that existed before the veteran’s active duty and was aggravated by service in the line of duty on active duty, and that is either:

 

1. a continuation of a serious injury or illness that was incurred or aggravated when the veteran was a member of the Armed Forces and rendered the service member unable to perform the duties of the service member’s office, grade, rank, or rating; or

 

2. a physical or mental condition for which the veteran has received a U.S. Department of Veterans Affairs Service-Related Disability Rating (VASRD) of 50 percent or greater, and the need for military caregiver leave is related to that condition; or

 

3. a physical or mental condition that substantially impairs the veteran’s ability to work because of a disability or disabilities related to military service, or would do so absent treatment; or

 

4. an injury that is the basis for the veteran’s enrollment in the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers.

 

Any one of these definitions meets the FMLA’s definition of a serious injury or illness for a covered veteran regardless of whether the injury or illness manifested before or after the individual became a veteran.

 

Upon employer’s request, an employee must provide a copy of the covered military member’s active duty orders to support request for qualifying exigency leave.

 

In addition, upon an employer’s request, certification for qualifying exigency leave must be supported by a certification containing the following information: 

·      statement or description of appropriate facts regarding the qualifying exigency for which leave is needed;

·      approximate date on which the qualifying exigency commenced or will commence;

·      beginning and end dates for leave to be taken for a single continuous period of time;

·      an estimate of the frequency and duration of the qualifying exigency if leave is needed on a reduced scheduled basis or intermittently; and

·      if the qualifying exigency requires meeting with a third party, the contact information for the third party and description of the purpose of the meeting. 

 

Eligible employees may also take leave to care for a military member’s parent who is incapable of self-care when the care is necessitated by the member’s covered active duty.  Such care may include arranging for alternative care, providing care on an immediate basis, admitting or transferring the parent to a care facility, or attending meetings with staff at a care facility. 

 

Employees who request qualifying exigency leave to spend time with a military member on Rest & Recuperation may take up to a maximum of 15 calendar days.  Upon an employer’s request, an employee must provide a copy of the military member’s Rest and Recuperation leave orders, or other documentation issued by the military setting forth the dates of the military member’s leave. 

 

Section 4. Chapter 52 Subchapter 52 is amended to add section E which shall read as follows:

 

E.   Domestic Violence Leave:

 

The New Jersey Security and Financial Entitlement Act, also known as the "NJ SAFE Act" provides protection for employees and their family members who have been the victim of domestic violence or sexual assault.  Employees are entitled to twenty (20) days of unpaid protected leave from work to: 

 

·      Seek medical attention for physical or psychological injuries;

·      Obtain services from a victim services organization, pursue psychological or other counseling;

·      Participate in safety planning for temporary or permanent relocation;

·      Seek legal assistance to ensure health and safety of the employee or the employee’s relative; or

·      Attend, participate in, or prepare for a criminal or civil court proceeding relating to an incident of domestic or sexual violence.

 

To be eligible for the leave, an employee must meet the following criteria:

 

·      The employee or their child, parent, spouse or domestic partner must be a victim of domestic violence or a sexually violent offense;

·      The employee must have worked for the employer for at least twelve months and for at least 1,000 hours during the twelve (12) month period immediately preceding the requested leave; and

·      The twenty (20) day leave must be taken within one (1) year of the qualifying event.  

 

Employees may take leave on an intermittent basis but such leave can not be shorter than one (1) full day.  To the extent the leave is foreseeable, employees must provide advance notice.  In addition, employee seeking leave must provide proof that they qualify for the leave.  Such proof may include restraining order, letter from a prosecutor, proof of conviction, medical documentation or a certification from an agency or professional involved in assisting the employee. 

 

In certain circumstances, the basis for the leave may also qualify under the federal Family and Medical Leave Act and/or the New Jersey Family Leave act. If so, the Borough will treat the leave concurrently with the leave under those statutes.  Employees may be required to use accrued paid vacation leave, personal time or sick leave concurrently. 

 

The Borough shall protect the privacy of employees who seek leave by holding the request for leave, the leave itself or the failure to return to work "in the strictest confidence." 

 

The Borough shall not retaliate, harass or discriminate against any employee exercising his/her right to take the leave provided by this policy.

 

Section 5. Chapter 52 Subchapter 54 section B is amended and shall read as follows: 

 

  1. Employees are required to complete time sheets and provide same to their supervisor or utilize any time keeping mechanism to “clock in” as directed by their supervisor. Accurate and complete time and attendance records will be maintained by each departmental unit of the Borough. The head of the department will certify as to the accuracy of the time and attendance records to the Borough Clerk at the end of each week.

 

Section 6. Chapter 52 Subchapter 61 by adding section D and is amended and shall read as:

 

  1. Employees who suffer job related injuries and illnesses may be entitled to medical expenses, lost income and other compensation under the New Jersey Workers Compensation Act.  The Borough of Maywood covers workers compensation benefits through its membership in the South Bergen Joint Insurance Fund with a self-insurance plan.

 

Any occupational injury or illness must be immediately reported to the supervisor or Department Head.  All required medical treatment must be performed by a Workers Compensation Physician appointed by the South Bergen Joint Insurance Fund on behalf of the Borough of Maywood and payment for unauthorized medical treatment may not be covered pursuant to the Act. 

 

Unless explicitly provided for in a bargaining agreement, the Borough will only pay, either directly or through its Workers’ Compensation insurer, those benefits that are specifically provided for under the Workers’ Compensation Act and will not supplement these benefits with additional benefits pursuant to NJSA 11A:6-8. 

 

Section 7: Effective Date

 

a. This Ordinance shall take effect upon passage and publication according to law.

 

 

 

ORDINANCE #9-14

REFUNDING BOND ORDINANCE PROVIDING FOR THE REFUNDING OF $4,650,000 AGGREGATE PRINCIPAL AMOUNT OF OUTSTANDING BONDS OF THE BOROUGH OF MAYWOOD, IN THE COUNTY OF BERGEN, STATE OF NEW JERSEY, APPROPRIATING A SUM NOT EXCEEDING $4,750,000 TO PAY THE COST THEREOF AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $4,750,000 AGGREGATE PRINCIPAL AMOUNT OF REFUNDING BONDS OF SAID BOROUGH TO FINANCE SUCH APPROPRIATION

 

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          BE IT ORDAINED by the Borough Council of the Borough of Maywood, in the County of Bergen, New Jersey, as follows:

          Section 1.  The Borough of Maywood, in the County of Bergen, New Jersey (the "Borough") is hereby authorized to refund $4,650,000 aggregate principal amount of the Borough's outstanding General Improvement Bonds, dated January 15, 2004 and maturing on or after January 15, 2015 (the "Outstanding Bonds").

          The Outstanding Bonds bear interest from their date at the rates per annum, payable on January 15 and July 15 of each

year until maturity or prior redemption, and mature in annual installments on January 15 in each year, as follows:

                                                                    Principal          Interest

               Year           Amount               Rate 

 

               2015          $580,000              3.625%

               2016           605,000              3.75

               2017           635,000              3.80

               2018           660,000              4.00

               2019           680,000              4.00

               2020           710,000              4.00

               2021           780,000              4.00

 

          The Outstanding Bonds are subject to optional redemption at a redemption price of 100%.

     The Borough Council may determine by subsequent resolution not to refund a portion of the Outstanding Bonds.

          Section 2.  The Borough Council of the Borough has ascertained and hereby determines that the Outstanding Bonds set forth in Section 1 of this ordinance have not been paid or discharged and that the Borough is authorized by Section 51(a) of the Local Bond Law of New Jersey (Chapter 2 of Title 40A of the New Jersey Statutes Annotated, as amended; the "Local Bond Law") to issue its refunding bonds as hereinafter provided to refund the Outstanding Bonds.  The object of the refunding is to effect debt service savings for the Borough.

          Section 3.  A sum not exceeding $4,750,000 is hereby appropriated (a) to refund the Outstanding Bonds set forth in Section 1 of this ordinance in the aggregate principal amount of $4,650,000 and (b) to pay an amount not exceeding $90,000 for the cost of the issuance of the refunding bonds, including underwriter's compensation, printing, advertising, financial and legal expenses therefor, as permitted by Section 51(b) of the Local Bond Law (collectively, the "Purpose").

          Section 4.  To finance the Purpose, refunding bonds of said Borough in an aggregate principal amount not exceeding $4,750,000 are hereby authorized to be issued pursuant to the Local Bond Law (the "Refunding Bonds").  The Refunding Bonds shall be sold at public or private sale and shall be in registered form and shall contain the word "refunding" in their title and shall recite that they are issued pursuant to the Local Bond Law and shall bear such date or dates, mature at such time or times not exceeding 40 years from their date, bear interest at such rate or rates per annum, be payable at such time or times, be in such denominations, carry such registration privileges, be executed in such manner consistent with the provisions of the Local Bond Law for bonds of a municipality, be payable at such place or places, and be subject to such terms of

redemption, with or without premium, as may be hereafter determined by resolution of the Borough Council within the limitations prescribed by law.

          Section 5.  The Refunding Bonds shall be direct, unlimited and general obligations of the Borough and the Borough shall be obligated to levy ad valorem taxes upon all taxable real property within the Borough for the payment of the principal of and the interest on the Refunding Bonds without limitation as to rate or amount.  The full faith and credit of the Borough are hereby pledged to the punctual payment of the principal of and the interest on the Refunding Bonds.  Each Refunding Bond issued pursuant to this ordinance shall recite that all conditions, acts and things required by the Constitution or statutes of the State of New Jersey to exist, to have happened and to have been performed precedent to and in the issuance of the Refunding Bond exist, have happened and have been performed, and that the Refunding Bond, together with all other indebtedness of the Borough, is within every debt and other limit prescribed by the Constitution or statutes of said State.

     Section 6.  The Chief Financial Officer is hereby authorized to execute a certificate addressed to the

underwriters of the Refunding Bonds stating that the preliminary official statement to be prepared by the Borough with respect to the Refunding Bonds is "deemed final" as of its date within the meaning of Rule 15c2-12 of the Securities and Exchange Commission.  The distribution of such preliminary official statement to potential purchasers of the Refunding Bonds is hereby approved. 

          Section 7.  All matters with respect to the Refunding Bonds not determined by this ordinance shall be determined by subsequent resolution or resolutions to be hereafter adopted by the Borough Council of the Borough, or the performance or determination thereof delegated by resolution or resolutions, to the Chief Financial Officer.

          Section 8.  It is hereby determined and stated that 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 $4,750,000 (the amount of the Refunding Bonds authorized), but $4,650,000 (the amount of Outstanding Bonds being refunded) shall be deducted from gross debt pursuant to Section 52 of the Local

Bond Law, and that the issuance of the bonds authorized by this ordinance will be within all debt limitations prescribed by said Local Bond Law.

          Section 9.  It is hereby determined and stated that no sum need be appropriated hereby as a down payment.

          Section 10.  The Borough is hereby authorized to enter into any agreements that may be necessary to effect the purchase of securities, as permitted by Sections 53(c) and 60 of the Local Bond Law, to accomplish the refunding.

          Section 11.  This refunding bond ordinance shall take effect twenty days after the first publication thereof after final passage as provided by the Local Bond Law.