These minutes have not been approved and are subject to change or modification by the Mayor and

Council at a public meeting.

SEPTEMBER 27, 2016

“On January 5, 2016, and as revised on July 12, 2016, 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 2016 which has been posted on the bulletin board at Borough Hall, filed with the Borough Clerk,

faxed to the Our Town, The Record, and The Community News 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.

Reverend William Von Husen of The Summit Church was present to give the invocation.

SALUTE TO THE FLAG

ROLL CALL

Members of the Governing Body present: Mayor Febre, Council members Padovano, Gervino,

DeHeer, Messar, Morrone, Lindenau. Also present were Attorney Brian Eyerman, Borough

Administrator Roberta Stern, and Borough Clerk Jean M. Pelligra.

Borough Attorney Ronald A. Dario arrived at 7:40 pm.

Council member DeHeer made a motion to go out of the regular order of business for the purpose of a

presentation; seconded by Council member Messar - All in Favor.

PROCLAMATIONS, PRESENTATIONS, ETC.

John S. Hogan, Bergen County Clerk was present to provide a Municipal Historic Pride presentation.

Mr. Hogan spoke regarding the responsibilities of the County Clerk’s office; adding we also offer a

temporary satellite office that we set up in your municipality for three days to offer some of these

services such as passports, business trade names, notary publics and ID cards.

Mr. Hogan spoke about the historical documents from Maywood presented on the Historic Pride poster

and presented it to the Mayor and Council.

Council member Morrone made a motion to go back into the regular order of business; seconded by

Council member Gervino - All in Favor.

WORK SESSION ITEMS – items on or off agenda

Mayor Febre spoke regarding the new History room, adding many of our historic items will be on

display in that room, in the display cases at the rear of this room, as well as in the hallways.

Council member Padovano asked if all the items will be on display or will they be rotated so people

can come and view different items.

Mayor Febre responded we discussed putting items on display from the Hall of Fame inductees.

Council member Padovano asked if we would also include our past inductees.

Historian Betty Fetzer responded yes, we will add them to the display in January.

MEETING OPEN TO THE PUBLIC (FIVE MINUTE TIME FRAME)

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

Betty Fetzer - Historian - stated the Historical Advisory Committee has received nineteen nominations

for induction into the Hall of Fame; adding the next ceremony will be held on January 15, 2017.

Council member Padovano questioned if this will be an annual event.

Betty Fetzer responded we will make that decision after the January 2017 induction ceremony.

Hildegard Ampssler – 65 Edgewood Place – glad to see ordinance regarding solicitation is on tonight’s

agenda for introduction.

Ms. Ampssler asked if there were plans to repair the streets throughout town that are in disrepair.

Mayor Febre responded we repair streets every year; adding it needs to be done in increments.

Administrator Stern explained that a list of streets is prepared by the engineer and we review the list

each year and go in order of paving the worst streets first.

Ms. Ampssler questioned the visibility of the crosswalk across Passaic Street at Golf Avenue.

Administrator Stern responded she will follow up.

Thomas Richards – 347 Golf Avenue – He stated he reported to Administrator Stern there is a serious

indentation in Golf Avenue just before Passaic Street and on Romaine Avenue and requested the

borough contact Saddle Brook for their sewer camera truck; adding he spoke about this one year ago.

Mayor Febre asked Administrator Stern to call Saddle Brook.

Mr. Richards requested the bill list be posted on line with the agenda.

Mr. Richards stated he does not believe the signs on West Pleasant Avenue are recommended by the

State and asked that the Mayor and Council look into it.

There being no further questions from the public, Mayor Febre closed this portion of the meeting.

PUBLIC HEARING ON PENDING ORDINANCES - ADOPTION OF ORDINANCES

NONE

APPROVAL OF MINUTES

Council member Lindenau moved for approval of the August 9, 2016 Work Session minutes; seconded

by Council member Messar; and so carried by unanimous roll call vote.

PRESENTATION OF BILLS AND CLAIMS AND REQUEST FOR PUBLIC COMMENT

The Clerk presented the bill resolution.

Council member Lindenau moved for approval, seconded by Council member Morrone; and so carried

by unanimous roll call vote.

CORRESPONDENCE AND REPORT OF THE BOROUGH CLERK

Borough Clerk Pelligra reported on the following:

1. She advised the agenda has been revised with the addition of a fire department appointment and

transfer and amendments to the bill list.

REPORT OF ADMINISTRATOR

Administrator Stern reported on the following:

1. She reported the following regarding West Pleasant Avenue:

PSE&G changed the outlets on the island that were not working properly.

Mums were planted today and the corn stalks will be put up next week; adding, thank

you to our sponsor, Malt Products.

Lighted garland will be added to the poles that have the candy canes on them.

2. Administrator Stern spoke regarding the Fall Festival which will be held Sunday, October 2,

2016 in Memorial Park from 12:00 to 5:00 pm; adding we will be having a hay ride and train

ride together with several inflatable attractions, a petting zoo with pony rides and a video

gaming truck. She stated it is a great town event that is paid for entirely by our local sponsors

and businesses.

REPORT OF THE ATTORNEY

Attorney Dario has no report this evening.

COMMITTEE REPORTS

Council member Padovano reported on the following:

1. She reported on the Shade Tree Commission meeting.

2. She stated the Board of Health is sponsoring their flu clinic on Wednesday, October 26, 2016

from 3:00 – 4:00 at the Senior Recreation Center; adding you must bring your insurance card

and be over eighteen years of age.

Council member Gervino reported on the following:

1. He stated we had our first Municipal Alliance meeting yesterday; adding our first event is

Fright Night, October 30th, 2016 in the swim pool parking lot from 7:00 – 8:00 pm for sixth

through eighth graders and stated no shaving cream or eggs will be allowed; adding there will

be a 10:00 pm town-wide curfew.

2. He stated he attended the First Aid Squad meeting and they are still in need of volunteers.

Council member DeHeer reported on the following:

1. He stated the Fire Police were very appreciative of the ordinance change to increase the total of

members and they have had a good response to their request for members.

2. He reported on the Planning Board meeting and gave an update on “The Crossings” apartment

complex whose new owners will be making improvements to the property.

Council member Messar reported on the following:

1. He stated MYAA basketball registration will be ending on October 5, 2016; adding registration

will take place in the park on Saturday, October 1, 2016 from 10:00 am to 2:00 pm and Sunday,

October 2, 2016 from 10:00 am to 5:00 pm.

2. He stated Friday, September 30, 2016, at 3:00 pm the Police Department will hold a bicycle

rodeo in the Maywood Avenue School courtyard; adding I encourage all parents to have their

children attend.

Council member Morrone reported on the following:

1. He stated a recycling shred event will be held on Saturday, November 5, 2016, at Maywood

Avenue School from 9:00 am to 1:00 pm.

2. He wished Lisa Schieli a speedy recovery and asked everyone to keep her in their prayers.

Council President Lindenau reported on the following:

1. He stated this Saturday, October 1, 2016, the Green Team / Community Garden will hold its

final clean-up for the season and asked any organization who has not yet cleaned out their

garden bed to do so.

2. He reported the DPW is preparing the park for the Fall Festival.

Council President Lindenau encouraged everyone to participate in the Maywood Hawks 5K event;

adding all the proceeds go to Maywood Avenue School.

REPORT OF THE MAYOR

Mayor Febre stated he has nothing further to report.

RESIGNATIONS - ACCEPTANCE OF THE FOLLOWING

NONE

APPOINTMENTS - APPROVAL OF THE FOLLOWING

1. Kathleen Cilento as an Administrative Assistant-Tax/Finance at an annual salary of $40,000.00

per year, effective September 21, 2016.

2. Ronald Hellpap as a probationary member of the Maywood Fire Department assigned to

Protection Hook and Ladder Company No. 1 effective September 27, 2016.

Council member Morrone moved the appointments, seconded by Council member Padovano; and so

carried by unanimous roll call vote.

COUNCIL APPROVAL OF THE FOLLOWING

1. From Maywood American Legion Post #142 – Permission to sell Instant Raffle Games

effective November 28, 2016 to November 27, 2017.

2. From Board of Fire Officers – Request from Firefighter Tyler Avon to transfer from Undine

Hose Company No. 1 to Protection Hook and Ladder Company No. 1.

Council member Lindenau moved for the approvals, seconded by Council member Morrone; and so

carried by unanimous roll call vote.

RESOLUTIONS BY TITLE - CONSIDERATION OF THE FOLLOWING

RESOLUTION # 137-16

RESOLUTION AMENDING RESOLUTION # 117-16

PERTAINING TO THE 2016 SCHEDULE OF MEETINGS

BE IT RESOLVED by the Mayor and Council of the Borough of Maywood, County of Bergen, New

Jersey, pursuant to the provisions of the Open Public Meetings Act (N.J.S.A.

10:4-6 et seq), that the annual schedule of meetings of the Mayor and Council for the year 2016 be

amended so as to cancel the November 15, 2016 meeting; and

BE IT FURTHER RESOLVED that the Borough Clerk is hereby authorized and directed to:

1) prominently post on a bulletin board at 15 Park Avenue, Maywood, New Jersey a copy of

the within revision;

2) maintain a copy of such revision on file in the Office of the Borough Clerk;

3) provide such revision to the newspaper heretofore designated to receive notices under said

Act;

4) provide copies of said revisions to all persons requesting such copies as provided by said

Act;

RESOLUTION # 138-16

RESOLUTION ENDORSING THE ADLER APHASIA

COMMUNITY DEVELOPMENT PROJECT

WHEREAS, a Bergen County Community Development grant of $ 20,000 has been proposed

by Adler Aphasia Center for providing long term therapeutic services for people with aphasia and their

families in the municipality of Maywood; 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 Bergen County; and

WHEREAS, this resolution does not obligate the financial resources of the municipality and is

intended solely to expedite expenditure of the aforesaid CD funds.

NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the

Borough of Maywood, in the County of Bergen, State of New Jersey 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 # 139-16

RESOLUTION APPROVING SETTLEMENT OF A TAX APPEAL

FOR BLOCK 33 LOT 5 IN THE BOROUGH OF MAYWOOD,

BERGEN COUNTY, NEW JERSEY

WHEREAS, under the advice and recommendations of the Borough Tax Assessor and Tax

Appraiser; and

WHEREAS, William and Margaret Duffill the owners of premises located at Block 33 Lot 5

known as 74 Fairmount Avenue, Maywood, New Jersey have filed a real estate property tax challenge

to the 2014 municipal assessment, and

WHEREAS, negotiations have resulted in a proposed settlement of such litigation; and

WHEREAS, it is in the best interest of the Borough to effectuate settlement at this time; and

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

Maywood, County of Bergen, State of New Jersey that the Borough tax appeal attorney be and is

hereby authorized and directed to execute any and all documents necessary in order to effectuate a

settlement of this matter pending in the Tax Court of the State of New Jersey, whereby the taxpayer

agrees to the attached stipulation of settlement; and

BE IT FURTHER RESOLVED that the aforementioned settlement is predicated upon a

waiver of any and all pre-judgment interest on any refund to the taxpayer.

RESOLUTION # 140-16

RESOLUTION APPROVING SETTLEMENT OF A TAX APPEAL

FOR BLOCK 124 LOT 5 IN THE BOROUGH OF MAYWOOD,

BERGEN COUNTY, NEW JERSEY

WHEREAS, under the advice and recommendations of the Borough Tax Assessor and Tax Appraiser;

and

WHEREAS, Maywood Joint Venture the owners of premises located at Block 124 Lot 5 also known

as 29 Essex Street, Maywood, New Jersey have filed a real estate property tax challenge to the 2012,

2013, and 2014 municipal assessment, and

WHEREAS, negotiations have resulted in a proposed settlement of such litigation; and

WHEREAS, it is in the best interest of the Borough to effectuate settlement at this time; and

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

County of Bergen, State of New Jersey that the Borough tax appeal attorney be and is hereby

authorized and directed to execute any and all documents necessary in order to effectuate a settlement

of this matter pending in the Tax Court of the State of New Jersey, whereby the taxpayer agrees to the

attached stipulation of settlement; and

BE IT FURTHER RESOLVED that the aforementioned settlement is predicated upon a waiver of

any and all pre-judgment interest on any refund to the taxpayer.

RESOLUTION # 141-16

RESOLUTION AUTHORIZING A SHARED SERVICES AGREEMENT BETWEEN

THE BOROUGH OF MAYWOOD AND BOROUGH OF PARAMUS FOR LEAF

COLLECTION AND DISPOSAL

WHEREAS, N.J.S.A. 40A:8A-1 et seq., the “Interlocal Services Act,” authorizes an agreement

between municipalities for the provision by one to the other of any services that one may lawfully

provide on its own; and

WHEREAS, the Borough of Paramus has already solicited bids and awarded a contract for the

Fall 2016 leaf collection and disposal season; and

WHEREAS, the Borough of Maywood seeks to be included in such leaf collection and

disposal; and

WHEREAS, bagged leaves will be picked up curbside fourteen (14) times as scheduled for a

total collection cost of $14,000.00 and a total leaf disposal cost of $8.50 per yard; and

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

Maywood, Bergen County, New Jersey that they duly authorize the Mayor to execute and the Borough

Clerk to attest an “Agreement” between the Borough of Paramus and the Borough of Maywood for

leaf collection and disposal for the 2016 season and that a copy of said agreement shall be placed on

file in the office of the Borough Clerk and shall be available for inspection during regular business

hours thereof.

RESOLUTION # 142-16

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 # 29-16, 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 $4,785.65, payable to Gen-el Safety& Industrial Products,

1961 Route 10 East, Randolph, NJ 07869, pursuant to the price quotations received from Gen-el Safety

& Industrial Products whose response was most advantageous to the Borough, price and other factors

considered.

Council member Morrone moved for the adoptions, seconded by Council member Lindenau; and so

carried by unanimous roll call vote.

INTRODUCTION OF ORDINANCES

ORDINANCE # 21-16

“AN ORDINANCE AMENDING CHAPTER 241: PEDDLING AND SOLICITING”

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, the Mayor and Council of the Borough of Maywood wishes to amend Chapter 241,

entitled Peddling and Soliciting.

NOW, THEREFORE, BE IT ORDAINED by the Borough Council of the Borough of Maywood,

County of Bergen, as follows:

Section 1: Chapter 241 section 5 shall be amended to add subsection designations and add subsection

B. Chapter 241 section 5 shall now read as:

§ 241-5 Investigation of applicant; issuance of license.

A. Following the filing of the application and payment of the application fee, the Chief of

Police shall immediately institute whatever investigation of the applicant's business

responsibility he/she considers necessary for the protection of the public. Upon

approval of the application, the license shall be issued by the Police Records and

License Bureau, which shall keep all necessary records pertaining thereto.

B. No one shall be issued a license without first receiving a copy of the Borough of

Maywood’s non-solicitation list pursuant to and described in 241-14 (B) of this title

and signing an acknowledgement of receipt.

Section 2: Chapter 241 section 10 shall be amended to add subsection E which shall read as:

E. Entering on non-solicitation listed and/or on posted property or properties

prohibited. No person licensed pursuant to this chapter shall enter onto any property

on the non-solicitation list and/or displaying the Borough issued non-solicitation list

decal or on which is located a sign or signs stating "no solicitors" or carrying a similar

message forbidding the entry of any persons onto the property.

Section 3: Chapter 241 section 12 shall be amended to add subsection designations and add

subsections B through F. Chapter 241 section 12 shall now read as:

§ 241-12 Exceptions.

A. This article shall not affect any person duly licensed by the Commissioner of

Insurance of the state.

B. No section of this act shall apply to candidates seeking public office or any person

soliciting votes for a bona fide candidate for political office.

C. No section of this act shall apply to persons selling personal wholesale items to

dealers in such articles at commercial properties.

D. No section of this act shall apply to any non-commercial organization within the

Borough of Maywood or any organization of the Borough of Maywood.

E. No section of this act shall apply to any sale required by statute or order of any

court.

F. No section of this act shall apply to any person engaged in delivering merchandise

or other things in the regular course of business to the premises of the person

ordering or entitled to receive it.

Section 4: Chapter 241 section 14 shall be added to this chapter and shall read as

§ 241-14 Collection, preparation and maintenance of a non-solicitation list.

A. Collection, preparation and maintenance of a non-solicitation list. The Borough

of Maywood Police Department shall collect, prepare and maintain a regularly

updated list of addresses of those premises where the owner and/or occupant has

notified the Police Department that soliciting and canvassing is not permitted on

his/her premises. To be included on the non-solicitation list, residents shall complete

a form supplied by the Police Department and receive a non-solicitation list decal

for the resident to display; cost to the resident shall be $1.00. With the adoption of

this section, the Borough of Maywood Police Department shall make the form

available to all residential property owners or occupants and may distribute same

thereafter in any manner directed by the governing body.

B. A version of the non-solicitation list which omits the names of those listed and

contains only the addresses of listed properties, shall be distributed to all applicants

seeking a license to solicit or canvass pursuant to the provisions of this chapter. The

applicant shall acknowledge, in writing, receipt of this list pursuant § 241 section 5

subsection B. The licensee shall not solicit or canvass at any address on the non-

solicitation list.

C. Any solicitor, peddler, or non-for profit making vendor violating the provisions of

this section as described above shall be punishable by a fine and/or imprisonment as

prescribed in § 241 section 13.

Section 5: All ordinances of the Borough of Maywood which are inconsistent with the provisions of

this ordinance are hereby repealed to the extent of such inconsistency.

Section 6: If any section, subsection, sentence, clause or phrase of this ordinance if, for any reason,

held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this

ordinance.

Section 7: This ordinance shall take effect upon passage and publication according to law.

Council member Lindenau moved for the introduction; seconded by Council member Messar; and so

carried by unanimous roll call vote.

BE IT RESOLVED by the Mayor and Council of the Borough of Maywood that Ordinance # 21-16,

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 October 25, 2016 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

NONE

ADJOURNMENT

Council member Lindenau moved the meeting be adjourned; seconded by Council member Morrone

and so carried at 8:25 pm.

Borough Clerk