Maywood

New Jersey

Borough of

Established in 1894
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**** 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.

 

 

 

 

SPECIAL MEETING                                                                        August 24, 2015

15 PARK AVENUE                                                                            Monday – 7:00 p.m.  

MAYWOOD, NJ                                                                  

 

This Special Meeting was called pursuant to the provisions of the Open Public Meetings Act. Notice of this meeting was faxed to The Our Town, The Record, The Community News and The County Seat newspapers on August 20, 2015. In addition, copies of this notice were posted on the bulletin board in the Municipal Building at 15 Park Avenue, filed with the Borough Clerk 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 the exit door immediately to my right 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.

 

Special Meeting for the purpose of:

Review and award of the contract for the 2015 Roadway Improvement Program, along with any other matters that may arise subsequent to this notice.

 

SALUTE TO THE FLAG

 

ROLL CALL

Members of the Governing Body present: Mayor Febre (    ) Council members Gervino (    )

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

 

 

MEETING OPEN TO THE PUBLIC (FIVE MINUTE TIME FRAME)

 

 

 

 

 

RESOLUTIONS BY TITLE - CONSIDERATION OF THE FOLLOWING

 

RESOLUTION #117-15

AWARD OF CONTRACT FOR YEAR 2015 ROADWAY IMPROVEMENT PROGRAM INCLUDING PARKWAY AND JERSEY AVENUE

 (NJDOT FUNDED) PROJECT

 

 

RESOLUTION # 118-15

Resolution authorizing the participation and payment in the preparation of a statewide fair share analysis to be undertaken by Rutgers, The State University of New Jersey in the Borough of Maywood 

 

 

 

Council member _______ moved for the adoption(s), seconded by Council member ________.

 

Mayor Febre asked for a roll call vote.

 

Gervino (    ) DeHeer (    ) Eisenberg (     ) Messar (     ) Lindenau (     ) Morrone (     )

 

 

 

CLOSED SESSION

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

Council member ___________.

 

Gervino (    ) DeHeer (    ) Eisenberg (     ) Messar (     ) Lindenau (     ) Morrone (     )

 

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 _______________p.m.

 

 

 

 

 

RESOLUTION #117-15

AWARD OF CONTRACT FOR YEAR 2015 ROADWAY IMPROVEMENT PROGRAM INCLUDING PARKWAY AND JERSEY AVENUE

 (NJDOT FUNDED) PROJECT

 

Be it resolved by the Mayor and Council of the Borough of Maywood, Bergen County, New Jersey upon the recommendation of Neglia Engineering Associates that the Contract for:

 

YEAR 2015 ROADWAY IMPROVEMENT PROGRAM

INCLUDING PARKWAY AND JERSEY AVENUE (NJDOT FUNDED)

 

be awarded to 4 Clean Up Inc. for the bid amount of Five Hundred Forty-One Thousand One Hundred Sixty Dollars and Eighty Cents ($541,160.80) (which represents Base Bid A, Base Bid B, Alternate Bid ‘A’, Alternate Bid ‘B’, Alternate Bid ‘C’, Alternate Bid ‘D’, Alternate Bid ‘E’, Alternate Bid ‘F’, and Alternate Bid ‘G’) being the lowest of four (4) bids submitted.  Be it further resolved that the Mayor and Borough Clerk be and are hereby authorized to execute a contract for the aforesaid work.  This Resolution to take effect upon certification of this Resolution by the CFO that sufficient funds are available.

 

 

 

RESOLUTION # 118-15

 

Resolution authorizing the participation and payment in the preparation of a statewide fair share analysis to be undertaken by Rutgers, The State University of New Jersey in the Borough of Maywood 

 

            WHEREAS, the Borough of Maywood has filed or anticipates filing a Declaratory Judgment Action in the Superior Court of New Jersey Bergen County in furtherance of the Supreme Court’s March 10, 2015 decision captioned In re Adoption of N.J.A.C. 5:96 & 5:97 by N.J. Council on Affordable Housing, 221 N.J. 1 (2015) (the “Supreme Court Decision”); and

 

            WHEREAS, Fair Share Housing Center (“FSHC”), through the services of David Kinsey, has prepared what it considers to be the statewide fair share numbers (the “FSHC Numbers”) for use by the 15 vicinage Mt. Laurel Judges to calculate a municipality’s affordable housing obligation pursuant to the Supreme Court Decision; and

 

            WHEREAS, the Borough of Maywood desires to participate in the preparation of a statewide fair share analysis to be undertaken by Rutgers, The State University of New Jersey (“Rutgers”), through Dr. Robert W. Burchell, Principal Investigator, and various other experts employed by Rutgers in order to establish a rational and reasonable methodology (the “Burchell Fair Share Analysis”) for determination of a municipality’s obligation to provide a realistic opportunity through its land use ordinances for its fair share of the region’s affordable housing needs in accordance with the Mount Laurel Doctrine as set forth in In the Matter of the Adoption of N.J.A.C. 5:96 and 5:97 by the New Jersey Council on Affordable Housing, 221 N.J. 1 (2015) (“Decision”) and prior decisions of the Courts of New Jersey, and the Fair Housing Act, N.J.S.A. 52:27D-301 et. seq.; and

 

            WHEREAS, Rutgers, utilizing Dr. Burchell as the Principal Investigator and author has agreed to prepare the Burchell Fair Share Analysis within 90 days of being retained to establish his view of the proper way to determine each municipality’s fair share obligation; and

 

            WHEREAS, Dr. Burchell estimates the cost to prepare the initial Burchell Fair Share Analysis will be $70,000; and

 

            WHEREAS, it is anticipated that there will be a need for Dr. Burchell to analyze any challenges to his conclusions and prepare a rebuttal report to said challenges which is not included in the $70,000; and

 

            WHEREAS, it is anticipated that if each municipality contributes $2,000, there will be sufficient monies to pay the cost to prepare the initial Burchell Fair Share Analysis, to analyze any challenges to the Initial Fair Share Analysis and to Prepare A Rebuttal Report given the number of municipalities that have expressed an interest in retaining Burchell; and

 

            WHEREAS, a Municipal Shared Services Defense Agreement (hereinafter “MSSDA”), has been prepared (a) so that monies can be collected to enter into an agreement with Rutgers (hereinafter “the Rutgers Agreement”) and so that Burchell, along with various other experts from Rutgers, can perform the tasks described above and (b) so that the rights and responsibilities of each municipality that wishes to sign the agreement to retain Rutgers are defined; and

 

WHEREAS, the MSSDA provides that the Law Offices of Jeffrey R. Surenian and Associates, LLC (“Surenian”) will serve as the administrative entity to sign the Rutgers agreement on behalf of the municipalities that signed the MSSDA and paid the $2,000 fee; and

 

WHEREAS, it is imperative given the time constraints for municipalities that wish to retain Burchell to sign the MSSDA and pay the $2,000 fee so that Burchell can conduct the necessary analysis; and

 

WHEREAS, notwithstanding the foregoing, it is possible that the MSSDA may need to be changed as a result of ongoing negotiations with the Rutgers agreement following execution of the MSSDA and the payment of the $2,000 fee; and

 

WHEREAS, in such an event, any member that objects to the changes that Rutgers may require shall have the opportunity to relinquish membership in the Municipal Group and to receive back the $2,000 payment as more specifically set forth in the MSSDA.

     

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

 

  1. The terms and conditions of the MSSDA attached hereto are hereby approved, ratified and confirmed.

 

  1. The amount of $2,000 is hereby authorized to be expended by the Borough of Maywood for Rutgers through Dr. Robert Burchell, Principal Investigator to prepare the Burchell Fair Share Analysis.

 

  1. The Mayor be and is hereby authorized to execute the aforesaid MSSDA  to memorialize the participation of the Borough of Maywood  in the preparation of the Burchell Fair Share Analysis and to take any and all actions reasonably required to effectuate said Agreement.

.

  1. The Borough of Maywood hereby authorizes Jeffrey R. Surenian, Esq. to execute on behalf of the Borough of Maywood the Research Agreement with Rutgers to initiate and complete Burchell Fair Share Analysis and to do such other actions to effectuate the purposes of said Research Agreement.

 

  1. If further changes to the MSSDA are needed as a result of finalizing the Rutgers Agreement, within ten (10) days of notification by Surenian of the changes, the Borough of Maywood  will inform Surenian if it objects to the changes and wishes to withdraw from the Municipal Group  and obtain a refund of the $2000 it paid.

 

  1. This Resolution shall take effect immediately.