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AGENDA FOR THE 2nd REGULAR MONTHLY MEETING
OF THE MAYOR AND COUNCIL TO BE HELD
IN BOROUGH HALL
MONDAY, MARCH 23, 2015 at 7:00 P.M.
1. ROLL CALL
2. SALUTE TO THE FLAG
3. PROVISIONS OF THE OPEN PUBLIC MEETINGS ACT
4. PRESENTATION
 Danielle O’Connor-Girl Scout Gold Award Presentation
5. HEARING OF CITIZENS
6. REVIEW OF CHANGES TO PROPOSED AGENDA
7. RESOLUTION – Closed Session:
 Litigation: Goldy vs. Rutherford
 Litigation: COAH Update
 Discussion: Labor Day Contract
8. PRESIDENT OF THE COUNCIL – Councilman Nunziato
1. APPROVE – Regular Meeting Minutes March 9, 2015 (all present)
2. APPROVE – Closed Meeting Minutes March 9, 2015 (all present)
2nd REGULAR MEETING AGENDA: 3/23/15
9. CONSENT AGENDA ITEMS:
CONSENT MOTION – President of the Council
All items authorized to be consent by the Council will be enacted by one motion. These items
are either routine in nature or were discussed and unanimously approved during the course
of this meeting.
Motion by:_________________
Seconded:________________________
Finance– Councilman O’Connor
1. RESOLUTION – Payment of Bills
2. RESOLUTION – Paul Penna Separation Agreement
3. RESOLUTION – John Uhl Separation Agreement
Police – Councilman Nunziato
1. AUTHORIZATION – Rutherford Veterans Alliance Poppy Sale:
May 1 - 31, 2015
2. AUTHORIZATION – Memorial Day Parade May 25, 2015
3. AUTHORIZATION – Request for Certification List Sergeant and
Lieutenant
Recreation – Councilwoman Smith
1. AUTHORIZATION – Andrew Ortega 5K Run – June 13, 2015
Public Works – Councilman Tetro
1. RESOLUTION – Abatement of properties for snow removal
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2nd REGULAR MEETING AGENDA: 3/23/15
10. COMMITTEES
FINANCE – Councilman O’Connor
1. Monthly Committee Report
2. RESOLUTION – Appropriation Reserves Transfers
3. RESOLUTION – Emergency Temporary Budget
4. RESOLUTION – Payment of Purchase Order Numbers; 14-02777;
15-00080; 15-00081
Liaison Assignments – Councilman O’Connor
Citizens Finance Committee
Downtown Partnership
Historic Preservation Committee
Local Assistance Board
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2nd REGULAR MEETING AGENDA: 3/23/15
POLICE – Councilman Nunziato
1. Monthly Committee Report
2. RESOLUTION – Amendment to Police Vehicle Lease
Liaison Assignments – Councilman Nunziato
Auxiliary Police & Crossing Guards
Local Emergency Planning
Municipal Alliance
Municipal Court
Office of Emergency Management
Pedestrian Safety Committee
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2nd REGULAR MEETING AGENDA: 3/23/15
PUBLIC WORKS – Councilman Tetro
1. Monthly Committee Report
2. AUTHORIZATION – Townwide Clean-Up Day – April 25, 2015
3. RESOLUTION – Acquisition of Sanitation Truck: Hudson County
Motors $285,515.00
4. RESOLUTION – Award Installation of Tipper System onto Sanitation
Truck: American Hose and Hydraulics $12,250.00
Liaison Assignments – Councilman Tetro
Board of Aesthetic
Civil Rights Commission
Environmental & Recycling
Green Team
Shade Tree Committee
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2nd REGULAR MEETING AGENDA: 3/23/15
FIRE – Councilman Manzo
1. Monthly Committee Report
2. Accept – Resignation of Nicholas Oyola from Engine Company #2
Liaison Assignments – Councilman Manzo
Ambulance Corps.
Board of Health
COAH Affordable Housing
Economic Development
Planning Board
West End Committee
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2nd REGULAR MEETING AGENDA: 3/23/15
BUILDINGS, GROUNDS & PUBLIC UTILITIES – Councilwoman McGowan
1. Monthly Committee Report
Liaison Assignments – Councilwoman McGowan
Board of Adjustment
Nereid Boat Club
Passaic River Coalition
Technology Upgrade Committee
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2nd REGULAR MEETING AGENDA: 3/23/15
RECREATION & HUMAN RESOURCES – Councilwoman Smith
1. Monthly Committee Report
2. RESOLUTION – Award of Contract Recreation T-Shirts: Upgrade
Printing and Supply $14,489.22
Liaison Assignments – Councilwoman Smith
Board of Education
Community Quality of Life
Felician College
Green Acres
Recreation Advisory Committee
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2nd REGULAR MEETING AGENDA: 3/23/15
MAYOR DESALVO
 Reports
Liaison Assignments – Mayor DeSalvo
55 Kip Center
Community Events
William Center
World War I Monument
11. APPOINTMENTS:
12. OLD BUSINESS
13. NEW BUSINESS
14. MISCELLANEOUS
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2nd REGULAR MEETING AGENDA: 3/23/15
15. ORDINANCES
ORDINANCES – 1st Reading
Recreation – Councilwoman Smith
1. Amend Recreation Permit Ordinance to include Pavilion Structures
Downtown Partnership – Councilman O’Connor
1. Amendment Regarding Window Coverage of Unoccupied Buildings
Police – Councilman Nunziato
1. Establish Handicap Space Montross Avenue
2. Amending Language Pertaining to Commercial Vehicles
3. Amending Definition of Commercial Vehicles
ORDINANCES – 2nd Reading
Buildings, Grounds & Public Utilities – Councilwoman McGowan
1. Establish American’s with Disabilities Act Advisory
Committee/Rutherford Is For Everyone
16. ADJOURNMENT
Motioned: ________________________
Seconded: ________________________
Time: _________________
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2nd REGULAR MEETING AGENDA: 3/23/15
ORDINANCE AMENDING CHAPTER 73, SECTION 8 OF THE CODE OF THE BOROUGH
OF RUTHERFORD ENTITLED
“SCHEDULE OF FEES”
OF THE REVISED GENERAL ORDINANCES OF
THE BOROUGH OF RUTHERFORD,
COUNTY OF BERGEN
AND STATE OF NEW JERSEY
BE IT ORDAINED by the Mayor and Council of the Borough of Rutherford, County of
Bergen and State of New Jersey that Chapter 73, Section 8 of the Code of the Borough of
Rutherford entitled “Schedule of fees” shall be amended and that those portions of the
Ordinance set forth below are hereby amended as follows and that those portions of the
Ordinance not set forth below shall remain unchanged:
§ 73-8 Schedule of fees
E.
Individual Pavilion Permit Fees
Fee
$25.00 per hour per pavilion up to 4 hours or until
dusk
F.
[1]
Special fees. When an application seeks a permit to use Tryon Field and spectators are
involved, the Recreation Supervisor shall negotiate a price for providing a staff person to
be present during and after the event.
Editor’s Note: Ordinance No. 3202-10, adopted 4-27-2010, provided that the fees established by
Ord. No. 3159-08 or any amendments thereto, as described in §73-8, would remain in full force
and effect but could be changed by resolution of the Mayor and Council at any time in the future.
ATTEST:
BOROUGH OF RUTHERFORD
Margaret Scanlon, Borough Clerk
Joseph DeSalvo, Mayor
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2nd REGULAR MEETING AGENDA: 3/23/15
AN ORDINANCE TO AMEND AND SUPPLEMENT THE CODE OF THE BOROUGH OF
RUTHERFORD, COUNTY OF BERGEN AND STATE OF NEW JERSEY, CHAPTER 21A,
SECTION 10, ENTITLED “WINDOWS OF UNOCCUPIED BUILDINGS”
BE IT ORDAINED by the Mayor and Council of the Borough of Rutherford, County of
Bergen and State of New Jersey that Chapter 21A, Section 10, of the Code of the Borough of
Rutherford Entitled “Windows of unoccupied buildings” shall be amended and that those
portions of the Ordinance set forth below are hereby amended as follows and that those
portions of the Ordinance not set forth below shall remain unchanged:
§ 21A-10. Windows of unoccupied buildings.
In order to preserve property value and eliminate safety hazards and protect adjacent
properties and the neighborhood from blighting influences, the interior side of all ground floor
windows exposed to the public view of unoccupied commercial or industrial structures shall be
kept clear, clean, and in a good state of repair during the period of time said structure or
structures remain unoccupied. During the period of time that said structure or structures
remain unoccupied a light shall be kept on in the interior side of all ground floor windows
exposed to the public view. All areas of unoccupied commercial or industrial structures visible
by the public from the public street or sidewalk must be maintained in broom-clean condition
and free of litter.
Approved on this __________ day of _______________, 2015.
ATTEST:
BOROUGH OF RUTHERFORD
Margaret Scanlon, Borough Clerk
Joseph DeSalvo, Mayor
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2nd REGULAR MEETING AGENDA: 3/23/15
BOROUGH OF RUTHERFORD
COUNTY OF BERGEN
AN ORDINANCE TO AMEND AND SUPPLEMENT
THE CODE OF THE BOROUGH OF RUTHERFORD, CHAPTER 126, SECTION 69A
ENTITLED “DESIGNATION OF SPACES”
BE IT ORDAINED by the Mayor and Council of the Borough of Rutherford, County of
Bergen and State of New Jersey that Chapter 126, Section 69A of the Code of the Borough of
Rutherford Entitled “Designation of spaces” shall be amended and that those portions of the
Ordinance set forth below are hereby amended as follows and that those portions of the
Ordinance not set forth below shall remain unchanged:
§ 126-69A Designation of Spaces
A. Public street spaces (minimum length 22 feet each).
Name of Street:
Side:
Location:
Montross Avenue
East
Commencing 77 feet from the southeast
intersection of Montross Avenue and Sidney
Avenue and running north for a distance of 22 feet.
Approved on this _____ day of __________________, 2015.
ATTEST:
BOROUGH OF RUTHERFORD
Margaret Scanlon, Borough Clerk
Joseph DeSalvo, Mayor
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2nd REGULAR MEETING AGENDA: 3/23/15
ORDINANCE AMENDING CHAPTER 126, SECTION 9.1 OF THE CODE OF THE
BOROUGH OF RUTHERFORD
Of The Revised General Ordinances Of
The Borough of Rutherford,
County Of Bergen
And State Of New Jersey
Entitled “Truck parking restricted: commercial vehicles”
BE IT ORDAINED by the Mayor and Council of the Borough of Rutherford, County of
Bergen and State of New Jersey that Chapter 126, Section 9.1 of the Code of the Borough of
Rutherford Entitled “Truck parking restricted: commercial vehicles” shall be amended and that
those portions of the Ordinance set forth below are hereby amended as follows and that those
portions of the Ordinance not set forth below shall remain unchanged:
§ 126-9.1 Commercial vehicle restrictions
A. No person or persons, firm or corporation shall park any truck vehicle using commercial
license plates or having advertising affixed to its exterior surfaces or disengaged trailers
on any streets for more than one hour within the limits of the Borough of Rutherford;
except, however, those trucks vehicles parked to provide services and effect delivery to
same or as provided in § 126-9.2 of this chapter.
B. Any truck vehicle or disengaged trailer parked or standing in violation of this section
shall be deemed a nuisance and menace to the safe and proper regulation of traffic, and
any peace officer may provide for the removal of such truck vehicle or trailer. The owner
shall pay the reasonable costs of the removal and storage which may result from such
removal before regaining possession of the vehicle.
ATTEST:
BOROUGH OF RUTHERFORD
Margaret Scanlon, Borough Clerk
Joseph DeSalvo, Mayor
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2nd REGULAR MEETING AGENDA: 3/23/15
ORDINANCE AMENDING CHAPTER 131 OF THE CODE OF THE BOROUGH OF
RUTHERFORD
An Ordinance Amending Chapter 131, Section 2
Of The Revised General Ordinances Of
The Borough of Rutherford,
County Of Bergen
And State Of New Jersey
Entitled “Interpretations; use of words; definitions”
BE IT ORDAINED by the Mayor and Council of the Borough of Rutherford, County of
Bergen and State of New Jersey that Chapter 131, Section 2 of the Code of the Borough of
Rutherford Entitled “Interpretations; use of words; definitions” shall be amended and that those
portions of the Ordinances set forth below are hereby amended as follows and that those
portions of the Ordinances not set forth below shall remain unchanged:
§ 131- 2 Interpretations; use of words; definitions
COMMERCIAL VEHICLE
Any vehicle used or maintained primarily for the transportation of property, including trucks,
trailers, construction equipment and any vehicle bearing a commercial registration plate or
having advertising affixed to its exterior surfaces but not including camping trailers, boat
trailers, recreation trailers, utility trailers, camping vehicles, house trailers or recreation vehicles.
ATTEST:
BOROUGH OF RUTHERFORD
Margaret Scanlon, Borough Clerk
Joseph DeSalvo, Mayor
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2nd REGULAR MEETING AGENDA: 3/23/15
BOROUGH OF RUTHERFORD
ORDINANCE NO. _______
AN ORDINANCE AMENDING CHAPTER 25 OF THE CODE OF THE BOROUGH OF
RUTHERFORD, IN THE COUNTY OF BERGEN COUNTY, STATE OF NEW JERSEY, SO
AS TO ESTABLISH THE MAYOR AND COUNCIL'S AMERICANS WITH DISABILITIES
ACT ADVISORY COMMITTEE/RUTHERFORD IS FOR EVERYONE (RIFE)
BE IT ORDAINED by the Governing Body of the Borough of Rutherford, in the County of
Bergen County, State of New Jersey that Chapter 25 of the Code of the Borough be and hereby
is amended so as to establish the Mayor and Council's Americans With Disabilities Act
Advisory Committee/Rutherford Is For Everyone (“RIFE”) as follows:
SECTION 1
25-1 Creation
There is hereby established within the Borough of Rutherford the Mayor and Council's
Americans with Disabilities Act Advisory Committee/Rutherford Is for Everyone (RIFE).
25-2 Purposes
The Mayor and Council's Americans With Disabilities Act Advisory Committee shall
consider, deal with and provide advice and counsel to the Mayor and Council of the Borough of
Rutherford as to the concerns of disabled persons, barrier free facilities, recreational
opportunities, employment practices and the like and general and specific compliance with the
requirements of the Americans With Disabilities Act and any appropriate legislation dealing
with the subject matter thereof.
25-3 Functions and Duties.
(a) The Mayor and Council's Americans With Disabilities Act Advisory Committee shall be
constituted to meet at least quarterly, shall by a majority vote select a chairman to serve
for a one- year period, such selection to be made each year and shall act pursuant to bylaws to be created by the Committee and adopted by a majority vote thereof within 90
days from the formation of the Mayor and Council's Americans With Disabilities Act
Advisory Committee.
(b) The record of proceedings of committee meetings shall be kept and such record as well
as
any recommendations or advice of the Committee to the Mayor and Council, which
shall be provided to the Mayor and Council no later than 60 days after each meeting.
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2nd REGULAR MEETING AGENDA: 3/23/15
25-4 Members.
(a) Eleven (11) members, of which 5 shall be persons with disabilities, or parents of a child
with a disability or a resident family member who is the caregiver of a person with a
disability. Six (6) members of the committee shall be either residents of, or employed in, the
Borough, and shall be appointed by the Mayor with staggered terms so as to result in the
expiration of no more than three terms in any one year. Vacancies shall be filled for the
remainder of an unexpired term.
(b) The specific appointments to the aforesaid Committee shall be made by the Mayor for
three (3) year terms, such appointments to be made within one month after the adoption of
this ordinance.
(c) In making appointments, the Mayor may, but shall not be required to, consider
representation from the following categories:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
Liaison of the Mayor and Council;
Department of Public Works;
Recreation Commission
School District;
Emergency Services (Police, Fire, etc.); and
Member of the Business Community.
SECTION 2. Repealer
All Ordinances or parts of Ordinance inconsistent or in conflict with this Ordinance are hereby
repealed as to said inconsistencies and conflicts.
SECTION 3. Severability
Each subsection, sentence, clause and phrase of this section is declared to be an independent
subsection, sentence, clause and phrase, and the finding or holding of any such portion of this
section to be unconstitutional, void or ineffective for any cause or reason, shall not affect any
other portion of this section.
SECTION 4. Effective Date
This Ordinance shall take effect immediately upon passage and publication as required by law.
_____________________
Margaret Scanlon, Clerk
___________________________
Joseph DeSalvo, Jr., Mayor
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