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.

 

 

SPECIAL MEETING                                                                        April 14, 2015

15 PARK AVENUE                                                                            Tuesday 6:30 pm   

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 March 24, 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:

 

Elected Officials Training Seminar relating to insurance technique for protecting public safety and property that will be held in closed session, along with any other matters that may arise subsequent to this notice.  No formal action will be taken.

 

This meeting will immediately precede the regularly scheduled work session scheduled to commence at 7:30 pm in the 2nd floor Council Chambers.

 

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 (    )

 

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.

 

 

 

WORK SESSION                                                                            APRIL 14, 2015

15 PARK AVENUE                                                                            TUESDAY  7:30 PM

MAYWOOD, NJ 07607

 

 

“On January 2, 2015, 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 2015, 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 Febre (    ) Council members Gervino (    )

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

 

 

Frank Covelli, Risk Manager from P.I.A. – Annual Report

 

Greg Polyniak, Borough Engineer – Monthly Engineer Report

 

 

PROCLAMATIONS, PRESENTATIONS, ETC.

 

Proclamation - Proclaiming April 24, 2015 as “Arbor Day”

 

 

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

 

  1. Resignation of John Taylor as a member of the Maywood Fire Police effective April 14, 2015.

 

Council member __________ moved the resignation(s) be accepted, seconded by Council member__________.

 

 

Mayor Febre asked for a roll call vote.

 

 

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

 

 

 

APPOINTMENTS – APPROVAL OF THE FOLLOWING

 

  1. Tyler Avon as a full member of the Maywood Fire Department assigned to Undine Engine Company #1 effective April 14, 2015.
  2. Yvette Ulubay as Director of the 2015 full day Summer Club Program at an hourly rate of $21.00 per hour effective April 1, 2015.
  3. Catherine Meglio as a member of the Green Team effective April 14, 2015.
  4. William Grunstra as a member of the Green Team effective April 14, 2015.

 

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

 

 

Mayor Febre asked for a roll call vote.

 

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

 

 

COUNCIL APPROVAL OF THE FOLLOWING

 

  1. From the Rosary Society of Our Lady Queen of Peace Church – request to hold an Off-Premise 50/50 Raffle on September 20, 2015 at 4:00 pm, 400 Maywood Avenue, Maywood, NJ 07607.
  2. From the Maywood Rotary Club request to hold their Annual 5K Race on May 16, 2015 starting at 9 a.m. from Memorial Park and posting of signs advertising same to be displayed at Spring Valley Road and West Pleasant Avenue, Maywood Avenue and Passaic Street (Nickerson Park) and Maywood Avenue and Essex Street.
  3. From ALS Association request to hang banner on the corner of Passaic Street and Maywood Avenue from May 11, 2015 to May 31, 2015 to promote their Walk to Defeat ALS to be held on May 31, 2015.
  4. From Moon Doggie Coffee Roasters request for an outdoor dining permit.
  5. From Maywood Pancake House request for an outdoor dining permit.

 

 

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

 

Mayor Febre asked for a roll call vote.

 

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

 

 

RESOLUTIONS BY TITLE – CONSIDERATION OF THE FOLLOWING

 

RESOLUTION # 62-15

A RESOLUTION AUTHORIZING THE PURCHASE OF A 2015 FORD POLICE INTERCEPTOR UTILITY VEHICLE FOR THE MAYWOOD POLICE DEPARTMENT WITH FUNDS FROM THE D.E.A. ACCOUNT

 

 

RESOLUTION # 63-15

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

 

RESOLUTION # 64-15

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

 

 

RESOLUTION # 65-15

RESOLUTION AUTHORIZING INTER-LOCAL GOVERNMENT SERVICES CONTRACT WITH THE MAYWOOD BOARD OF EDUCATION FOR THE 2015 MAYWOOD SUMMER CLUB PROGRAM

 

 

 

RESOLUTION # 66-15

BERGEN COUNTY OPEN SPACE TRUST FUND – AWARD ACCEPTANCE

 

 

RESOLUTION #67-15

RESOLUTION AUTHORIZING the Acquisition of Federal Surplus Property from the Department of Defense

 through the 1033 Program in compliance with New Jersey State Senate Bill 2364 in the Borough of Maywood

 

 

RESOLUTION # 68-15

A RESOLUTION AUTHORIZING THE REMOVAL OF TREES, STUMPS AND DEBRIS AT VARIOUS LOCATIONS IN THE BOROUGH OF MAYWOOD AND RATIFYING PAYMENT THEREOF

 

 

RESOLUTION # 69-15

 

RESOLUTION Approving fINAL RETIREMENT benefits of police Captain Steven Hoffman in the borough of maywood,

bergen COUNTY, NEW JERSEY

 

 

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

 

Mayor Febre asked for a roll call vote.

 

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

 

 

 

 

INTRODUCTION OF ORDINANCES

 

ORDINANCE # 1-15

“An ordinance adopting The DRUG-FREE AND DRUNK-DRIVING-FREE ZONEs map for the borough of maywood and amending chapter 163 of the Borough of Maywood borough code

 

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

 

Mayor Febre asked for a roll call vote.

 

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

 

BE IT RESOLVED by the Mayor and Council of the Borough of Maywood that Ordinances # 1-15, 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 April 28, 2015 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___________

 

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____________.

 

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

 

ADJOURNMENT

 

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

__________ and so carried at _______________p.m.

 

 

 

 

 

        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, Adrian J. Febre, Mayor of the Borough of Maywood, do hereby proclaim April 24, 2015 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.

           

           

RESOLUTION # 62-15

A RESOLUTION AUTHORIZING THE PURCHASE OF A 2015 FORD POLICE INTERCEPTOR UTILITY VEHICLE FOR THE MAYWOOD POLICE DEPARTMENT WITH FUNDS FROM THE D.E.A. ACCOUNT

 

            WHEREAS, a need exists within the Borough to purchase a 2015 Ford Police Interceptor Utility vehicle 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 # 29-15, 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 2015 Ford Police Interceptor Utility vehicle for use by the Maywood Police Department in the sum of $24,468.00,  payable to Cherry Hill Winner Ford, 250 Haddenfield-Berlin Road, Cherry Hill, NJ 08034, pursuant to the price quotations received from Cherry Hill Winner Ford,  whose response was most advantageous to the Borough, price and other factors considered.

 

 

RESOLUTION # 63-15

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

 

            WHEREAS, a need exists within the Borough to purchase tactical 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 # 29-15, 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 tactical equipment for use of the Maywood Police Department in the sum of $2,338.70, payable to Linatex Corporation. 1550 Airport Road, Gallatin, TN. 37066, pursuant to the price quotations received from Linatex Corporation whose response was most advantageous to the Borough, price and other factors considered.

 

 

RESOLUTION # 64-15

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 from June 22, 2015 through August 7, 2015 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 2015 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 # 65-15

RESOLUTION AUTHORIZING INTER-LOCAL GOVERNMENT SERVICES CONTRACT WITH THE MAYWOOD BOARD OF EDUCATION FOR THE 2015 MAYWOOD SUMMER CLUB PROGRAM

 

            WHEREAS, the Recreation Department of the Borough of Maywood has announced the “2015 Summer Club Program” to be held at the Maywood Avenue School beginning June 29th , 2015  running through Friday, August 7th, 2015 and then being held at Memorial School beginning on Monday, August 10th, 2015 and running through Friday, August 21st , 2015;

 

            WHEREAS, the program will run Monday through Friday (except holidays) from 8:15 a.m. to 3:00 p.m. and will include dancing, games, indoor gym, outdoor gym, arts and crafts, card games, use of playgrounds and special events; and

 

            WHEREAS, the program is open to all youths entering Kindergarten through 8th grade in September, 2015; and

 

            WHEREAS, to implement said program, an agreement must be entered into between the Borough of Maywood and the Board of Education of the Borough of Maywood for the use of the facilities at both Maywood Avenue and Memorial School,

 

            NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE BOROUGH OF MAYWOOD, BERGEN COUNTY, NEW JERSEY, that the Mayor, Adrian J. Febre, is hereby authorized to execute and the Borough Clerk, Jean M. Pelligra, to attest an agreement between the Borough of Maywood and the Board of Education of the Borough of Maywood to carry out the foregoing purposes, of a form approved by the Borough Attorney.

 

 

 

RESOLUTION # 66-15

BERGEN COUNTY OPEN SPACE TRUST FUND – AWARD ACCEPTANCE

 

BE IT RESOLVED, that the Mayor and Council of the Borough of Maywood wish to enter into a Bergen County Trust Fund Project Contract (“Contract”) with the County of Bergen for the purpose of using an $82,302.00 matching grant award from the 2013 Funding Round of the Bergen County Open Space, Recreation, Floodplain Protection, Farmland & Historic Preservation Trust Fund (“Trust Fund”) for the municipal park project entitled Memorial Park Improvements (Revised) located in Memorial Park at Spring Valley Road and Coolidge Avenue in Block 24, Lot 10 and Block 37, Lot 11 on the tax maps of the Borough of Maywood;

 

BE IT FURTHER RESOLVED, that the Mayor and Council hereby authorize Roberta Stern, Borough Administrator to be a signatory to the aforesaid Contract; and,

 

BE IT FURTHER RESOLVED, that the Mayor and Council hereby acknowledge that, in general, the use of this Trust Fund grant towards this approved park project must be completed by or about December 4, 2015; and,

 

BE IT FURTHER RESOLVED, that the Mayor and Council acknowledge that the grant will be disbursed to the municipality as a reimbursement upon submittal of certified Trust Fund payment and project completion documents and municipal vouchers, invoices, proofs of payment, and other such documents as may be required by the County in accordance with the Trust Fund’s requirements; and,

 

BE IT FURTHER RESOLVED, that the Mayor and Council acknowledge that the grant disbursement to the municipality will be equivalent to fifty (50) percent of the eligible costs incurred (not to exceed total grant award) applied towards only the approved park improvements identified in the aforesaid Contract in accordance with the Trust Fund’s requirements.

 

 

RESOLUTION #67-15

RESOLUTION AUTHORIZING the Acquisition of Federal Surplus Property from the Department of Defense

 through the 1033 Program in compliance with New Jersey State Senate Bill 2364 in the Borough of Maywood

 

            WHEREAS, The Law Enforcement Support Office (LESO), facilitates a law enforcement support program, which originated from the National Defense Authorization Act pursuant to 10 U.S.C. s. 2576 as part of the U.S. Government's Defense Logistics Agency Disposition Services (DLA) to transfer excess military equipment to civilian law enforcement agencies. Commonly referred to as the “1033 Program”, this law allows transfer of excess Department of Defense property that might otherwise be destroyed to law enforcement agencies across the United States and its territories; and

 

            WHEREAS, the Borough of Maywood Police Department is a duly sworn and authorized law enforcement agency charged with the protection and enforcement of Federal, State and local laws within the municipality and, as such, is eligible to take part in the “1033 Program”; and

 

            WHEREAS, pursuant to New Jersey State Senate Bill 2364, signed into law by Gov. Christie on March 18, 2015 the Mayor and Council of Maywood deem it to be in the best interests of the people of the community to take part in the program so as to accept and secure from the Federal Government that surplus military equipment which would benefit the community; and

 

            WHEREAS, the Chief of Police of the Borough of Maywood would be the administrator in charge in requisitioning equipment available through the “1033 Program”; and

 

            WHEREAS, pursuant to New Jersey State Senate Bill 2364, the Chief of Police is required to inform the Mayor and Council of the equipment sought from the program and the Mayor and Council must approve by resolution the acquisition of said equipment; and

 

WHEREAS, the New Jersey Division of State Police, Office of Emergency Management, Emergency Management Section, Preparedness Bureau-Support Services Unit serve as the State coordinator for the program and have prepared a “MEMORANDUM OF AGREEMENT” which outlines the program as well as the duties and responsibilities of Chief of Police of the Borough of Maywood for taking part in the program. Said agreement is attached hereto as “exhibit A”.

 

            NOW, THEREFORE, BE IT RESOLVED BY THE BOROUGH OF MAYWOOD, Bergen County, New Jersey, pursuant to the provisions of New Jersey State Senate Bill 2364, signed into law by Gov. Christie on March 18, 2015 that the Borough formally seeks enrollment in the “1033 Program” and appoints the Chief of Police of the Borough of Maywood Police Department to be the administrator in charge for such acquisitions under the program and authorizes the Chief of Police to execute the “MEMORANDUM OF AGREEMENT”; and

 

            Be it FURTHER resolved that pursuant to New Jersey State Senate Bill 2364 that the Chief of Police is hereby ordered to provide the Mayor and Council a complete description of equipment sought to be acquired; and

 

Be it FURTHER resolved that pursuant to New Jersey State Senate Bill 2364 the Mayor and Council shall formally approve of all equipment sought to be acquired through the program by formal resolution; and

 

Be it FURTHER resolved that a copy of this resolution shall be forwarded to the appropriate State Coordinator for the Program and the Chief of Police of the Borough of Maywood Police Department.

 

 

RESOLUTION # 68-15

A RESOLUTION AUTHORIZING THE REMOVAL OF TREES, STUMPS AND DEBRIS AT VARIOUS LOCATIONS IN THE BOROUGH OF MAYWOOD AND RATIFYING PAYMENT THEREOF

 

            WHEREAS, a need exists to perform the removal of trees, stumps, wood and debris as listed on the 2015 take-down list at various locations in the Borough of Maywood: and

 

            WHEREAS, the cost of such work includes the cutting and removal of the trees, stumps all wood and debris at all locations as listed on the Department of Public Works 2015 take-down list as approved by the Shade Tree Commission and 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 said work for the sum of $ 17,625.00, payable to Almighty Tree Experts, 457 James Way, Wyckoff, NJ 07481, pursuant to the price quotation received from Almighty Tree Experts whose response was most advantageous to the Borough, price and other factors considered.

 

 

RESOLUTION # 69-15

RESOLUTION Approving fINAL RETIREMENT benefits of police Captain Steven Hoffman in the borough of maywood,

bergen COUNTY, NEW JERSEY

 

WHEREAS, Captain Steven Hoffman has served the Borough of Maywood as a police officer and has recently submitted his letter of retirement; and

 

WHEREAS, the retirement benefits due and owing to a Borough of Maywood police officer are outlined in the Collective Bargaining Agreement (“CBA”) ratified between the Borough of Maywood and the Police Benevolent Association. As such, Captain Hoffman is entitled to receive compensation for his terminal leave, compensation time and contractual unused days; and

 

WHEREAS, Captain Hoffman has been granted compensation for his terminal leave and compensation time in a prior resolution of the Mayor and Council; and

 

WHEREAS, the final calculation of compensation for contractual unused days is $ 64,501.20.

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 is hereby authorized and directed to execute, and the Borough Clerk to attest, to any and all documents necessary and the Borough Administrator or Chief Financial Officer is directed to make payment according to Borough policy and the applicable collective bargaining agreement for contractual unused days in the amount of $ 64,501.20.

 

 

 

ORDINANCE # 1-15

“An ordinance adopting The DRUG-FREE AND DRUNK-DRIVING-FREE ZONEs map for the borough of maywood and amending chapter 163 of the Borough of Maywood borough code

 

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 163 contains the Drug Free and Drunk Driving Free Zone map which regulates, assigns  and  describes the drug free and drunk driving free zones of the Borough of Maywood; and

 

WHEREAS, with the advice of the Chief of Police of the Borough of Maywood, the Mayor and Council of the Borough of Maywood have deemed it necessary to review and revise its drug free and drunk driving free zones of the Borough of Maywood and have instructed the Borough Engineer to prepare a new Drug Free and Drunk Driving Free Zone map to reflect such changes as made most recently;

 

WHEREAS, the Mayor and Council of the Borough of Maywood wish to adopt the Drug Free and Drunk Driving Free Zone map prepared by Neglia Engineering Associates and all the changes to the Borough Drug Free and Drunk Driving Free zoning contained therein.

 

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

Section 1: Any and all Drug Free and Drunk Driving Free Zone maps adopted by any prior resolution or ordinance are hereby withdrawn and declared invalid.

Section 2: The Drug Free and Drunk Driving Free Zone map as prepared by Neglia Engineering Associates dated March 2015 and the Drug Free and Drunk Driving Free zones contained therein are adopted by the Borough.

 

Section 3: Section 163-1 (a) of the Borough Code is amended to read:

The Drug Free and Drunk Driving Free Zone MAP. The Drug-Free/Drunk Driving Free Zone Map of the Borough of Maywood, dated March 2015 and prepared by Neglia Engineering Associates, Borough Engineer, is approved and adopted as an official finding and record of the location and areas of said zones within the Borough. These zones are defined as 1,000 feet on or near school property AND 500 feet from a public housing facility, public park or a public building. Additionally, pursuant to New Jersey D.W.I. Law N.J.S.A. 39:4-50g said zones cover driving under the influence within 1,000 feet of a school facility.

Section 4: Section 163-1 (B) of the Borough Code is amended to read:

 

This designation shall apply for the purposes of N.J.S.A. 2C:35-7, which prohibits drug offenses within 1,000 feet of schools and 500 feet from a public housing facility, public park or a public building, along with  P.L. 1999, c. 185 and N.J.S.A. 39:4-50g  which prohibits driving under the influence and other offenses within 1,000 feet of schools.

 

Section 5: Section 163-3 of the Borough Code is amended to read:

 

Pursuant to N.J.S.A. 2C:37-7 and 2C:35-7 and 2C:35-7.1, the map entitled “Drug Free Zones of the Borough of Maywood, Bergen County, New Jersey, dated March 2015 and prepared by Neglia Engineering Associates, Borough Engineer" shall be approved as the official finding and location of drug-free zones in the Borough of Maywood pursuant to the provisions of the above-referenced statutes.

Section 6. The Drug Free and Drunk Driving Free Zone Map prepared by Neglia Engineering Associates shall be contained within the Borough code and scheduled accordingly.

Section 7. This Ordinance shall amend any other conflicting provision of the Borough of Maywood Code, or other resolution, regulation or map in accordance therewith, and any ordinance or map inconsistent herewith shall be deemed invalid.