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                                                                            APRIL 8, 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. (If any)

 

 

MEETING OPEN TO THE PUBLIC (FIVE MINUTE TIME FRAME)

 

 

 

 

 

 

 

 

 

 

PUBLIC HEARING ON PENDING ORDINANCES – ADOPTION OF ORDINANCES

 

NONE

 

 

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

 

NONE

 

COUNCIL APPROVAL OF THE FOLLOWING

 

  1. From Rosary Society Our Lady Queen of Peace Church – permission to hold an On-Premise Draw raffle at Our Lady Queen of Peace Church, 400 Maywood Avenue, Maywood on October 17, 2014 from 6:00 pm to 10:00 pm.
  2. From Rosary Society Our Lady Queen of Peace Church – permission to hold an On-Premise 50/50 raffle at Our Lady Queen of Peace Church, 400 Maywood Avenue, Maywood on December 7, 2014 at 4:00 pm.

 

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 # 73-14

AUTHORIZING SERVICE AGREEMENT WITH ZACHARIAH E. RIEHLE FOR PICK-UP AND DISPOSAL OF METAL GOODS WITHIN THE BOROUGH OF MAYWOOD

 

 

 

RESOLUTION # 74-14

RESOLUTION AUTHORIZING rental/use AGREEMENT BETWEEN THE BOROUGH OF MAYWOOD AND Skyy Swim club

 

 

 

RESOLUTION # 75-14

RESOLUTION AUTHORIZING FIREWORKS DISPLAY AGREEMENT BETWEEN THE BOROUGH OF MAYWOOD AND International Fireworks Mfg. Co. Inc.

 

 

 

RESOLUTION # 76-14

A RESOLUTION AUTHORIZING THE PURCHASE AND INSTALLATION OF  EQUIPMENT AND LETTERING FOR NEW POLICE VEHICLES

 

 

 

 

RESOLUTION # 77-14

RESOLUTION CONFIRMING ENDORSEMENT OF A COMMUNITY DEVELOPMENT GRANT FOR THE INSTALLATION OF AMERICANS WITH DISABILITIES COMPLIANT WATER FOUNTAINS AT VARIOUS LOCATIONS WITHIN THE BOROUGH OF MAYWOOD

 

 

 

RESOLUTION # 78-14

Resolution Approving the Contract with P.B.A. Local No. 102

and Authorizing Mayor to Execute Agreement on Behalf of the Borough IN THE BOROUGH OF MAYWOOD, COUNTY OF BERGEN,

 NEW JERSEY

 

 

 

RESOLUTION # 80-14

AUTHORIZING CONTRACT SERVICES BETWEEN THE

BOROUGH OF MAYWOOD AND AIRPOWER INTERNATIONAL, INC.

 

 

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

 

Mayor Padovano asked for a roll call vote.

 

 

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

 

 

RESOLUTION # 81-14

2014 MUNICIPAL BUDGET NOTICE

 

 

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

 

Mayor Padovano asked for a roll call vote.

 

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

 

NOTICE is hereby given that the Budget and Tax Resolution was approved by the Mayor and Council of the Borough of Maywood, County of Bergen, on April 8, 2014.

 

A Hearing on the Budget and Tax Resolution will be held at the Maywood Municipal Complex, 2nd floor Council Chambers on May 13, 2014 at 7:30 o’clock P.M. at which time and place objections to said Budget and Tax Resolution for the year 2014 may be presented by taxpayers or other interested persons.

 

RESOLUTION # 82-14

RESOLUTION APPROVING SELF-EXAMINATION OF CY2014 BUDGET

 

 

 

RESOLUTION # 83-14

A RESOLUTION RATIFYING AND CONFIRMING THE PURCHASE AND INSTALLATION OF THE SWIMPOOL HANDICAP BATHROOM

 

 

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

 

Mayor Padovano asked for a roll call vote.

 

 

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

 

 

 

INTRODUCTION OF ORDINANCES

 

 

ORDINANCE # 7-14

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

 

 

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 #7-14, pass on first reading and that said Ordinances will be further considered for final passage at  a meeting of the Mayor and Council to be held on  April 22, 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 # 8-14

CALENDAR YEAR 2014 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.14)

 

 

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 #7-14, pass on first reading and that said Ordinances 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____________.

 

 

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

 

 

ADJOURNMENT

 

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

__________ and so carried at _______________p.m.

 

 

 

 

 

 

RESOLUTION # 73-14

 

AUTHORIZING SERVICE AGREEMENT WITH ZACHARIAH E. RIEHLE FOR PICK-UP AND DISPOSAL OF METAL GOODS WITHIN THE BOROUGH OF MAYWOOD

 

            WHEREAS, the Borough of Maywood is in need of a service agreement with Zachariah E. Riehle for the pick-up and disposal of metal goods within the Borough of Maywood for the year 2014; and

            WHEREAS, the agreement provides for a one (1) year service agreement, retroactive to January 1, 2014 through December 31, 2014 at no cost to the Borough of Maywood with the conditions as set forth in said agreement.

 

            NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Maywood, Bergen County, New Jersey that the Mayor is hereby authorized to execute, and the Borough Clerk to attest, a service agreement between the Borough of Maywood and Zachariah E. Riehle for the pick-up and disposal of metal goods within the Borough of Maywood.

 

 

RESOLUTION # 74-14

RESOLUTION AUTHORIZING rental/use AGREEMENT BETWEEN THE BOROUGH OF MAYWOOD AND Skyy Swim club

 

            WHEREAS, Skyy Swim Club operates a swimming competition and training program open to the youth within the Borough of Maywood; and

 

WHEREAS, Skyy Swim Club wishes to utilize the Maywood Swim Pool within the Borough of Maywood for such programs, and;

 

WHEREAS, Skyy Swim Club will utilize the Maywood Swim Pool between the hours of 6:00 a.m. to 8:00 a.m. and in a manner that will not interfere with the public use and enjoyment of the facility , and;

 

WHEREAS, Skyy Swim Club agrees to the mutual promises and covenants contained in the “Use Agreement” to be executed by the parties, and agrees to pay the cost of said use of  $5,700.00 in total.

 

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 to attest, an agreement between the Borough of Maywood and Skyy Swim Club for terms pursuant and embodied in the “Use Agreement” contract for use of the Maywood Pool Facilities for the 2014 season and  

 

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 # 75-14

RESOLUTION AUTHORIZING FIREWORKS DISPLAY AGREEMENT BETWEEN THE BOROUGH OF MAYWOOD AND International Fireworks Mfg. Co. Inc.

 

            WHEREAS, the Borough of Maywood has decided to conduct a fireworks display during their July 4th Celebration on the date of July 6, 2014 with a rain date to be determined before March 1, 2015; and

 

            WHEREAS, the display will be provided and supplied by International Fireworks Mfg. Co. Inc. whose address is 242 Sycamore Road, Douglasville PA 19518; and

           

            WHEREAS, the cost as written in said contract is $9,750.00 in total;

 

            NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE BOROUGH OF MAYWOOD, BERGEN COUNTY, NEW JERSEY, that the Mayor, Gregg A. Padovano, is hereby authorized to execute and the Borough Clerk, Jean M. Pelligra, to attest an agreement between the Borough of Maywood and by International Fireworks Mfg. Co. Inc. subject to the availability of funds and in accordance with all requirements set forth by the South Bergen Joint Insurance Fund as determined by our Risk Manager, Professional Insurance Associates of 429 Hackensack Street, Carlstadt, NJ  07072, and approval of the location and display by the Borough of Maywood’s Fire Official, Thomas Tuttle, as well as being subject to the Borough Attorney’s approval as to form.

 

 

RESOLUTION # 76-14

A RESOLUTION AUTHORIZING THE PURCHASE AND INSTALLATION OF  EQUIPMENT AND LETTERING FOR NEW POLICE VEHICLES

 

            WHEREAS, a need exists within the Borough to purchase and install various equipment and lettering for the new police vehicles for use by the Maywood Police Department; and

 

            WHEREAS, the cost of such equipment  with installation and lettering  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, 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 equipment and installation for the new police vehicles at a cost of $16,013.58, payable to East Coast Emergency Lighting, Inc., 200 Meco Drive, Millstone Township, NJ 08535, and the lettering for said vehicles at a cost of  $1,500.00 payable to Signarama, 379 Main Street, Hackensack, NJ 07601 pursuant to the price quotation(s) received from both East Coast Emergency Lighting Inc., and Signarama whose response was most advantageous to the Borough, price and other factors considered.

 

 

RESOLUTION # 77-14

RESOLUTION CONFIRMING ENDORSEMENT OF A COMMUNITY DEVELOPMENT GRANT FOR THE INSTALLATION OF AMERICANS WITH DISABILITIES COMPLIANT WATER FOUNTAINS AT VARIOUS LOCATIONS WITHIN THE BOROUGH OF MAYWOOD

 

WHEREAS, a Bergen County Community Development Grant of  $ 31,025.00 has been proposed by the Borough of Maywood for the installation of water fountains to comply with the Americans with Disabilities Act (ADA) at various locations in the Municipality of Maywood, NJ; and

 

WHEREAS, pursuant to the State Interlocal Services Act, Community Development funds may not be spent in a municipality without authorization by the Governing Body; and

 

WHEREAS, the aforesaid project is in the best interest of the people of the Borough of Maywood; and

 

WHEREAS, this resolution does not obligate the financial resources of the municipality and is intended solely to expedite expenditure of the aforesaid CDBG funds.

 

NOW, THEREFORE, BE IT RESOLVED, that the Governing Body of the Borough of Maywood, hereby confirms endorsement of the aforesaid project; and

 

BE IT FURTHER RESOLVED, that a copy of this resolution shall be sent to the Director of the Bergen County Community Development Program so that implementation of the aforesaid project may be expedited.

 

 

 

 

 

 

 

 

 

RESOLUTION # 78-14

Resolution Approving the Contract with P.B.A. Local No. 102

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 P.B.A. Local No.102 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 P.B.A. Local No. 102 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 # 80-14

AUTHORIZING CONTRACT SERVICES BETWEEN THE

BOROUGH OF MAYWOOD AND AIRPOWER INTERNATIONAL, INC.

 

            WHEREAS, the Maywood Fire Department is in need of Air System Services for

maintenance for Mako Air Compressor and Cascade System; and

 

            WHEREAS, the contract provides for two service calls in a one year period which includes travel, mileage, normal service labor and one free emergency call; and

 

            WHEREAS, the contract also provides for one free emergency call if the need should arise, which includes travel time round trip and up to one hour on site (parts are additional); and

 

            WHEREAS, Airpower International, Inc. is the only company within the State of New Jersey that handles maintenance for this system;

 

            NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the

Borough of Maywood, Bergen County, New Jersey that the Borough of Maywood enter into

an Air System Service Contract with Airpower International, Inc., 7303 River Road,

Pennsauken, New Jersey for Air System Services for a one year period from May 2014 to

April 2015 in the amount of $1,595.00 which amount will be charged to Fire Department

Operating.

 

 

 

 

 

RESOLUTION # 82-14

RESOLUTION APPROVING SELF-EXAMINATION OF CY2014 BUDGET

 

            WHEREAS, N.J.S.A. 40A:4-78b has authorized the Local Finance Board to adopt rules that permit municipalities in sound fiscal condition to assume the responsibility, normally granted to the Director of the Division of Local Government Services, of conducting the annual budget examination; and

 

            WHEREAS, N.J.A.C. 5:30-7 was adopted by the Local Finance Board on February 11, 1997; and

 

            WHEREAS, pursuant to N.J.A.C. 5:30-7.2 through 7.5, the Borough of Maywood has been declared eligible to participate in the program by the Division of Local government Services, and the Chief Financial officer has determined that the local government meets the necessary conditions to participate in the program for the CY2014 budget year.

 

            NOW THEREFORE BE IT RESOLVED, by the governing body of the Borough of Maywood that in accordance with N.J.A.C. 5:30-7.6a & 7.6b and based upon the Chief Financial Officer's certification, the governing body has found the budget has met the following requirements:

 

            1.         That with reference to the following items, the amounts have been calculated pursuant to law and appropriated as such in the budget:

                        a.         Payment of interest and debt redemption charges

                        b.         Deferred charges and statutory expenditures

                        c.         Cash deficit of preceding year

                        d.         Reserve for uncollected taxes

                        e.         Other reserves and non-disbursement items

                        f.          Any inclusions of amounts required for school

                                    purposes.

 

            2.         That the provisions relating to limitation on increases of appropriations pursuant to N.J.S.A. 40A:4-45.2 and appropriations for exceptions to limits on appropriations found at N.J.S.A. 40A:4-45.3 et seq., are fully met (complies with CAP law).

 

            3.         That the budget is in such form, arrangement, and content as required by the Local Budget Law and N.J.A.C. 5:30-4 and 5:30-5.

 

            4.         That pursuant to the Local Budget Law:

 

a.         All estimates of revenue are reasonable, accurate and correctly stated,

                        b.         Items of appropriation are properly set forth

                        c.         In itemization, form, arrangement and content, the budget will

permit the exercise of the comptroller function within the municipality.

 

            5.         The budget and associated amendments have been introduced and publicly advertised in accordance with the relevant provisions of the Local Budget Law, except that failure to meet the deadlines of N.J.S.A. 40A:4-5 shall not prevent such certification.

 

            6.         That all other applicable statutory requirements have been fulfilled.

 

            BE IT FURTHER RESOLVED, that a copy of this resolution will be forwarded to the Director of the Division of Local Government Services upon adoption.

 

 

 

 

 

 

 

 

 

 

RESOLUTION # 83-14

A RESOLUTION RATIFYING AND CONFIRMING THE PURCHASE AND INSTALLATION OF THE SWIMPOOL HANDICAP BATHROOM

 

            WHEREAS, a need exists within the Borough to purchase and install a handicap bathroom at the municipal swim pool of the Borough of Maywood; and

 

            WHEREAS, the cost of such renovation 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, 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 handicap bathroom renovations for use at the municipal swim pool in the Borough of Maywood for the sum of $ 18,963.00, payable to CIBCO Construction Corp., P.O. Box 1132, Englewood Cliffs, NJ, pursuant to the price quotation received from CIBCO Construction Corp., whose response was most advantageous to the Borough, price and other factors considered.

 

 

 

 

 

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.

 

 

ORDINANCE # 8-14

CALENDAR YEAR 2014 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.14)

 

      WHEREAS, the Local Government Cap Law, N.J.S. 40A: 4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to .5% unless authorized by ordinance to increase it to 3.5% over the previous year's final appropriations, subject to certain exceptions; and,

 

      WHEREAS, N.J.S.A. 40A: 4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and,

 

      WHEREAS, the Borough Council of the Borough of Maywood in the County of Bergen finds it advisable and necessary to increase its CY 2014 budget by up to 3.0% over the previous year's final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and,

 

      WHEREAS, the Borough Council hereby determines that an additional 3.0 % increase in the budget for said year, amounting to $326,203.17 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and,

 

      WHEREAS, the Borough Council hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as cap bank to final appropriation in either of the next two succeeding years.

 

      NOW THEREFORE BE IT ORDAINED, by the Borough Council of the Borough of Maywood, in the County of Bergen, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2014 budget year, the final appropriations of the Borough of Maywood shall, in accordance with this ordinance and N.J.S.A. 40A: 4-45.14, be increased by 3.50%, amounting to 380,570.37, and that the CY 2014 municipal budget for the Borough of Maywood be approved and adopted in accordance with this ordinance; and,

     

      BE IT FURTHER ORDAINED, that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and,

           

      BE IT FURTHER ORDAINED, that a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within 5 days of introduction; and,

 

      BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within 5 days after such adoption.