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Borough of Fairview, NJ
Bergen County
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Table of Contents
Table of Contents
[1]
Editor's Note: See also Rent Leveling Commission, Subsection 12-1.4.
[1974 Code § 2-9.1; Ord. No. 79-17]
The Mayor and Borough Council are hereby empowered to appoint a Board of Health in the Borough consisting of seven members.
[1974 Code § 2-9.2]
The members of the Board of Health shall be appointed by the Mayor with the consent of the Council. The terms of office of the members of the Board of Health shall be for a period of three years, beginning January 1 of the year in which the member or members are appointed.
[1974 Code § 2-9.3]
The Board of Health shall elect, annually, a President, vice President and secretary at the organization meeting, which shall be held between January 5 and January 15 annually.
[1974 Code § 2-9.4]
The Board of Health shall have such powers and duties as are conferred by law upon such boards, and in additions thereto shall have the power to appoint the following officers and employees:
a. 
A secretary, who shall also be appointed Registrar of Vital Statistics, for a term of one year.
b. 
A Health Officer shall be appointed for a period of one year.
The salaries hereinabove set forth shall be paid monthly and shall be in lieu of all fees.
[1974 Code § 2-9.5]
In lieu of any salary or other remuneration, each member of the Board of Health including the secretary thereof, shall be compensated to the extent of $5 for their attendance at each regular meeting held by the Board, the yearly total of the compensation to each member and the secretary thereof shall not exceed the sum of $60 per annum.
The compensation provided for in this subsection shall be paid in one lump sum in the month of December annually.
[Ord. No. 95-7 § 1]
There is hereby created a Board of Recreation Commissioners of the Borough of Fairview pursuant to N.J.S.A. 40:12-1 et seq., whose membership, powers and duties shall be further set forth in this chapter.
[Ord. No. 95-7 § 2]
a. 
The Commission shall consist of seven members, appointed by the Council, all of whom shall be citizens and residents of the Borough.
b. 
Members shall receive no compensation for their services.
[Ord. No. 95-7 § 3]
a. 
All members of the Board of Recreation Commissioners shall be appointed for a period of five years, and until their successors are duly appointed and qualified; provided, however, that in a case of the initial appointment of members of the Commission, the initial terms shall be for periods of one, two, three, and four years respectively, in such a manner that the term of at least one and not more than two Commissioners shall expire in each year according to the number appointed as fixed by the Council. Thereafter, all appointments shall be for five years.
b. 
Vacancies occurring in the membership of the Board shall be filled by the Council for the unexpired term only.
c. 
In addition to the members referred to in Subsection a above, there is hereby created the position of alternate member of the Board of Recreation Commissioners. The alternate member shall be appointed for a term of two years and until his successor is duly appointed and qualified.
d. 
The alternate member may participate in any discussions at the meetings of the Board of Recreation Commissioners but may not vote except in the absence or disqualification of a regular member of the Board. A vote shall not be delayed in order that a regular member may vote instead of the alternate member.
[Ord. No. 95-7 § 4]
a. 
Subject to the general authority of the Borough Council, the Board of Recreation Commissioners shall have the following powers and duties:
1. 
To supervise and regulate all parks, playgrounds and recreational areas belonging to the Borough. It shall be the Borough's responsibility to maintain the parks, playgrounds and recreational areas.
2. 
To establish, supervise and regulate a recreation program to meet the recreational needs of the residents of the Borough and to plan for future recreational needs.
3. 
To promulgate, adopt and approve such rules and regulations as the Board of Recreation Commissioners shall deem necessary to carry out its purpose and objects, subject to review and approval of the Borough Council.
4. 
To appoint, with the approval of the Mayor and Council, all Commission employees, and to determine their functions and responsibilities as permitted under the applicable regulations.
5. 
To consider recommendations from individuals and groups involving matters of recreation policy.
6. 
To present an annual budget and a year-end financial statement for the operation of the recreation programs.
7. 
To authorize and carefully examine all expenditures within the budget granted by the Mayor and Council and to recommend payment of vouchers for such expenditures by the Mayor and Council.
8. 
To account to the people of Fairview through the proper fiscal authorities for the use of all funds.
9. 
To interpret the Commission's program to public officials and to the general citizenry, in terms of adequate moral and financial support.
10. 
To present an annual report to the public and to Borough officials concerned with the activities of the Commission.
11. 
To appoint, commission, supervise and receive reports from recreation committees.
12. 
To enter into agreements and understandings with the Board of Education of the Borough for joint and cooperative program planning and use of facilities.
13. 
To distribute all policy decisions to the applicable volunteers and paid employees.
b. 
The Board of Recreation Commissioners shall, in addition, have such powers and authority as is provided pursuant to N.J.S.A. 40:12-1 through 40:12-15, inclusive, except that the Board of Recreation Commissioners shall not have the authority to acquire lands for public playgrounds and recreation places without the prior authorization of the Borough Council.
[Ord. No. 95-7 § 5]
The Board of Recreation Commissioners shall have the power to appoint from among its members a Chairman, who shall be the presiding officer, and such additional officers as the Board may desire, whose terms shall expire on December 31 of the year of appointment or until their successors are appointed.
[Ord. No. 95-7 § 6]
The Board shall meet regularly at least once per month. Special meetings shall be called by the Chairman when deemed advisable, or when requested by three members of the Commission. A majority of the members shall constitute a quorum of the Board.
[Ord. No. 95-7 § 7]
The Mayor and Council shall annually fix, determine and appropriate a sum sufficient for the care, custody, policing and maintenance of such playgrounds and recreation places and for the expenses of the Commission.
[Ord. No. 95-7 § 8]
All money received by the Commission shall be deposited with the Chief Financial Officer and shall be kept in a special fund which shall be under the control of the Commission and used only for the purpose of defraying the expenses of improving, maintaining or policing the playgrounds and recreation places and for other expenses of the Commission.
[1974 Code § 2-26.1; Ord. No. 79-5 § 1]
Pursuant to the authority vested in the Borough Council under and by virtue of N.J.S.A. 40:56A-1 et seq., there is hereby established an environmental commission to be known as the Environmental Commission.
[1974 Code § 2-26.2; Ord. No. 79-5 § 2]
a. 
The Environmental Commission shall consist of seven members appointed by the Mayor with the advice and consent of the Council, one of whom shall also be a member of the Planning Board and all of whom shall be residents of the Borough of Fairview.
b. 
The members shall service without compensation.
c. 
The Mayor shall designate one of the members to serve as Chairman and presiding officer of the Commission.
d. 
The terms of the first Commissioners shall be for one, two or three years, to be designated by the Mayor in making his appointments so that the terms of approximately 1/3 of the members will expire each year, and their successors shall be appointed for terms of three years.
e. 
The Council of the Borough may remove any member of the Commission for cause, on written charges served upon the member and after a hearing thereon at which the member shall be entitled to be heard in person or by Counsel.
f. 
A vacancy on the Commission occurring otherwise than by expiration of a term shall be filled for the unexpired term in the same manner as an original appointment.
[1974 Code § 2-26.3; Ord. No. 79-5 § 3]
The Environmental Commission shall have the following duties:
a. 
To study and make recommendations to the Mayor and Council in areas of conservation and environmental protection which shall include, but not be limited to pollution control of all types, waste disposal including sewage, garbage and solid waste, open space preservation with emphasis on outdoor recreation needs, aesthetic flora and fauna preservation and beautification, and water resources.
b. 
To plan local conservation programs and to inform the public about those programs.
c. 
To prepare, print, and distribute informational materials, such as books, maps, charts, plans and pamphlets which in its judgment it deems necessary for its purposes within the limits of funds appropriated to the Commission.
d. 
To keep an index of all open areas, publicly and privately owned in order to obtain information on the proper use of such areas.
e. 
To recommend, from time to time, to the Planning Board, plans and programs for inclusion in the master plan of the Borough of Fairview, for development and use of such areas.
f. 
To act as the coordinating agency of the community on conservation matters with appropriate Federal, regional, State and other agencies concerned with such matters.
g. 
To do such other acts and things as are reasonably related to and assigned to carry out the purposes and objectives of the Commission.
h. 
One member of the Environmental Commission shall be selected by the Mayor to constitute one Class IV member of the Planning Board of the Borough pursuant to N.J.S.A. 40:55D-23.
[1974 Code § 2-26.4; Ord. No. 79-5 § 4]
The Environmental Commission may, subject to the approval of the Borough Council, acquire property both real and personal, in the name of the Borough of Fairview, by gift, purchase, grant, bequest, devise or lease for any of its purposes and shall administer the same for such purposes subject to the terms of the conveyance of gift. Such an acquisition may be to acquire the fee or any lesser interest, development, right, easement (including conservation easement), covenant or other contractual right (including a conveyance on conditions or with limitations or reversions), as may be necessary to acquire, maintain, improve, protect, limit the future use of, or otherwise conserve and properly utilize open spaces and other land and water areas in the Borough.
[1974 Code § 2-26.5; Ord. No. 79-5 § 5]
a. 
Regular meetings of the Commission shall be established.
b. 
At all meetings a quorum shall consist of a majority of the members of the Commission.
c. 
The Commission shall keep records of its meetings and shall make an annual report to the Mayor and Council of the Borough on or before the 15 day of December.
[1974 Code § 2-26.6; Ord. No. 79-5 § 6]
The Council in its discretion may annually fix, determine and appropriate sums sufficient for the care, custody, leasing and maintenance of such land acquired for those uses and purposes herein stated, if necessary and for the expenses of the Commission.
[1974 Code § 2-27.1; Ord. No. 79-8 § 1]
There is hereby created a Consumer Protection Committee of the Borough. The Committee shall consist of seven members appointed by the Mayor with the advice and consent of the Council, all of whom shall serve without compensation, and at least one of whom shall be an officer of the Police Department of the Borough. The Police member of the Committee shall be appointed for a term of one year and other members shall be appointed for a term of three years. Vacancies occurring in the Committee shall be filled by the Mayor, with the advice and consent of the Council, for the unexpired term only. A member of the Committee shall be removable for cause by the governing body only upon written charges and after public hearing thereon. Each member of the Committee shall also serve in the position of Consumer Affairs Local Assistance Officer pursuant to the Consumer Affairs Local Assistance Program of the New Jersey Division of Consumer Affairs.
[1974 Code § 2-27.2; Ord. No. 79-8 § 2]
The Committee of Consumer Protection shall organize immediately upon appointment and from its members elect a Chairman and a secretary, and thereafter reorganize on, or before, January 15 of the next succeeding year.
[1974 Code § 2-27.3; Ord. No. 79-8 § 3]
The governing body may in the annual local municipal budget provide as a line item sufficient funds as may be necessary for the operations of the Committee. No member or employee of the Committee shall be salaried or incur any expense without the prior approval of the Mayor and Council.
[1974 Code § 2-27.4; Ord. No. 79-8 § 4]
The Committee of Consumer Protection shall have the following powers and duties:
a. 
To receive and investigate complaints and to initiate its own investigation of deceptive or unfair trade practices against consumers.
b. 
To report in writing to appropriate Federal, State or County agencies any information or findings concerning a violation of consumer protection laws or regulations.
c. 
To appear before governmental departments, agencies, and commissions to report and to be heard in connection with consumer complaints and findings as to deceptive or unfair trade practices against consumers.
d. 
To assist, develop and conduct programs of consumer education and information through public hearings, meetings, publications of materials prepared for distribution to the consumer public of the Borough.
e. 
To mediate in disputes between consumers and merchants within the Borough.
f. 
To encourage merchants, realtors, developers and contractors to maintain high standards of honesty, fair trade practices and responsibility in the production, promotion and sale of consumer goods and services.
g. 
To provide the Mayor and Council and State Division of Consumer Affairs and County Division of Consumer Affairs with annual written reports with respect to the number of complaints filed, the nature and disposition thereof, and any other relevant activities of the Committee undertaken during the prior year. The annual written report shall include recommendations, if any, from the Committee and shall be presented to the Mayor and Council not later than January 31 of the following year.
h. 
To prepare and promulgate rules, regulations and forms for the conduct of the activities of the Committee.
[Ord. No. 96-16 § 1; Ord. No. 03-34 § 1; Ord. No. 11-2]
The Library Board of Trustees shall consist of seven members, one of whom shall be the Mayor of the municipality, one of whom shall be the local Superintendent of Schools and five citizens who shall be appointed by the Mayor with the consent of the Council of at least four of whom shall be residents of the municipality. The citizens shall each serve for terms of five years. The Mayor and the Superintendent of Schools may respectively appoint an alternate to act in his place and stead with authority to attend all meetings of the Board and in his absence to vote on all questions before the Board.
[Ord. No. 96-16 § 2]
Upon the expiration of the term of office of any Trustee, the Mayor or other chief executive officer of the Borough shall appoint a citizen for a term of five years in the same manner as the original appointment was made. Vacancies occurring in the Board of Trustees shall be filled for the unexpired term only, in the same manner as the original appointments are made.
[Ord. No. 96-16 § 3]
The Board of Trustees shall meet at a convenient time and place within 10 days after its appointment and shall elect from its members a President, Treasurer and Secretary who shall hold their offices for one year and until their successors are elected.
[Ord. No. 96-16 § 4]
The Board shall hold in trust and manage all property of the library. It may rent rooms, purchase books, pamphlets, documents, paper and other reading matter, hire librarians, and other necessary personnel, and fix their compensation, make proper rules and regulations for the government of the library, and generally do all things necessary and proper for the establishment and maintenance of the free public library in the Borough. In addition, the Board may, when proper, construct buildings with the approval and consent of the Mayor and Council for the use of the library. The Board may also transfer to and receive from the deposit and exchange library service of the Bureau of Public and School Library Services, of the Division of the State Library, Archives and History, in the State Department of Education, books, magazines and prints, maps and other related library materials for the purpose of augmenting the interlibrary loan service.
[Ord. No. 03-21 §§ I — IX]
a. 
Salary and Wages. The Library Director shall be paid an annual salary range of $70,000 per year to $80,000 per year.
[Amended 7-21-2015 by Ord. No. 15-11]
b. 
Sick Days. The Library Director shall receive 12 sick days each year. After 10 years of employment, upon retirement, the Library Director shall receive a payment equal to 1/2 of the Director's accumulated sick leave days multiplied by the base rate of daily compensation at the time of the Director's retirement not to exceed $15,000.
c. 
Schedule of Work. The Library Director shall render those hours necessary to perform the assigned duties and responsibilities efficiently and effectively as the Director of the Library Board. In no event shall the Library Director work less than a forty-hour week with one hour for lunch Monday through Saturday. The schedule of hours shall be determined by the Library Board in consultation with the Library Director.
d. 
Health Benefits.
1. 
The Library Board shall provide, at no cost to the Library Director, those hospitalization and medical payments benefits provided in the New Jersey Health Benefits Plan covering employees and their dependents, including, but not limited to benefits as described in policies issued by Blue Cross, Blue Shield (750), Rider J and Major Medical, or comparable insurance.
2. 
The Library Board shall also provide, at no cost to the Library Director, dental insurance as provided by the New Jersey Dental Plan or comparable insurance.
3. 
The Library Board shall provide and pay hospitalization and medical insurance for the Library Director and their dependents, upon their retirement after a minimum of 25 years of (PERS) service.
4. 
The Library Board shall provide, at no cost to the Library Director, a death benefit payment on the employee's life in the amount of $10,000. The Library Director shall have the right to name the beneficiary thereof.
5. 
The Library Board shall adopt and implement a deferred compensation plan through the retention of the Variable Annuity Life Insurance Company as administrative contractor with the responsibility for drafting a deferred compensation plan that meets applicable I.R.S. and State of New Jersey guidelines. Enrollment in the deferred compensation plan shall be offered to all employees covered by this Agreement, and enrollment in the said plan shall be on a voluntary basis.
e. 
Longevity.
1. 
The Library Director shall receive longevity as follows:
0 years through 3 years
0%
4 years through 7 years
2%
8 years through 11 years
4%
12 years through 15 years
6%
16 years through 19 years and over
7 1/2%
2. 
Longevity shall be effective after the completion of the third, seventh, 11th and 16th full years of employment.
3. 
Employees who become eligible for a longevity payment during the current calendar year plus one day will receive the payment from the first of the year. The longevity payment will be calculated once each year as of January 1, for each eligible employee.
4. 
The longevity payment will be computed on the amount of the base salary of the employee at the time he becomes eligible. The annual base salary for full time employees with more than one classification or title shall be, for the purposes of computing longevity, the sum total of the salary and wages accrued for each classification or title. Overtime will not be considered in computing longevity payment.
5. 
Longevity payments shall be added to an employee's base salary and shall be paid in accordance with the same procedure as for salaries.
f. 
Holidays. The Library Director shall receive the following holidays. The holidays are presently as follows:
New Year's Day
Martin Luther King Day
Presidents' Day
Good Friday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day
General Election Day
Thanksgiving and the day following
Christmas Eve
Christmas Day
g. 
Vacation. The Library Director shall be entitled to three weeks paid vacation. Requests for vacation are subject to Board Approval.
h. 
Personal Days. The Library Director shall receive three personal days each year which cannot be accumulated.
i. 
Bereavement Leave. The Library Director shall be entitled to three working days leave with pay to make arrangements for the funeral of a member of the immediate family. Immediate family is defined as and limited to spouse, son, daughter, mother, father, sister, brother, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparents and grandchildren.
j. 
Duties: Under direction, manages and directs the operations of a free public library; does other related work. Oversees continuous integration of library programs and departments. Develops and maintains the library's collection. Establishes internal library policies and procedures for assistance to readers, program evaluation, and development. Interprets programs to governing officials, library users, and special groups, and promotes services of the library by planning publicity programs and participating in group activities. Reviews programs and operations to identify and analyze problem areas. Assists in the development of mechanized systems for library operations. Assists in the development and planning of the library budget and funding, and controls library expenditures. Recruits and assigns new employees, supervises their work, and establishes work schedules. Determines needed supplies and equipment, plans for efficient use of supplies, and recommends type, location, organization, and management of extension services or libraries at field stations. Attends seminars and meetings of professional library groups and organizations. Will be required to learn to utilize various types of electronic and/or manual recording and computerized information systems used by the agency, office, or related units.
[Added 7-21-2015 by Ord. No. 15-11]
k. 
Requirements.
[Added 7-21-2015 by Ord. No. 15-11]
1. 
Education: A master's degree in Library or Information Science in a library program accredited by the American Library Association or from a New Jersey college master's program in Library Science that has been deemed acceptable by Thomas Edison State College.
l. 
Experience: Five years of library experience including work in the service, circulation, and reference areas, two years of which shall have been in a supervisory capacity.
[Added 7-21-2015 by Ord. No. 15-11]
[Ord. No. 07-14 § 1; amended 3-21-2023 by Ord. No. 23-03]
a. 
Duties. Under direction of the Library Director assists in all functional activities relating to the management and coordination of operations of a free public library; does other related work. Assesses continuous integration of library programs and departments. Assists in program planning and directing including developing the library's collection, development of programming, establishing internal library policies and procedures, establishing policies and programs for assistance to readers, and program evaluation and development. Performs public relations and educational activities such as interpreting programs to key officials, library users, and special groups, and promoting library services by planning publicity programs and participating in group activities.
Performs management studies such as reviewing programs and operations to identify and analyze problem areas, and determining and instituting work measurement and work simplification studies.
Determines records, statistics, and forms required for management studies.
Plans, designs, develops, and installs automated systems for library operations or procedures. Determines needed supplies and equipment.
Interprets and applies personnel policies. Supervises work and establishes time schedules. Plans and implements staff development programs. Evaluates employee performance and conduct, enabling the effective recommendation of the hiring, firing, promoting and disciplining of subordinates.
Attends seminars and meetings of professional library groups and organizations for the purpose of keeping current with scientific and technical development and to participate with professional associations concerned with improving methods and techniques of library services.
Prepares and supervises the preparation of clear, accurate and informative narrative and statistical reports.
Supervises the establishment and maintenance of essential records and files.
b. 
Salary. The salary range of the Assistant Library Director shall be between $55,000-$73,000.
c. 
Sick Days. The Assistant Library Director shall receive 12 sick days each year. After 10 years of employment and upon retirement, the Assistant Library Director shall receive a payment equal to 1/2 of the Assistant Director's accumulated sick leave days multiplied by the base rate of daily compensation at the time of the Assistant Director's retirement not to exceed $15,000.
d. 
The Assistant Director shall be entitled to the same benefits as provided to Full Time Employees in the Borough of Fairview.
e. 
Schedule of Work. The Assistant Library Director shall render those hours necessary to perform the assigned duties and responsibilities efficiently and effectively as the Assistant Director of the Library Board. In no event shall the Assistant Library Director work less than a forty-hour work week with one hour for lunch Monday through Saturday. The schedule of hours shall be determined by the Library Board in consultation with the Assistant Library Director.
[Amended 7-21-2015 by Ord. No. 15-10]
a. 
Creation of the position: There is hereby created the position of Library Associate to be appointed by the governing body.
b. 
Duties as set forth in the Job Specifications of the New Jersey Civil Service Commission, to include but not be limited to:
1. 
Under the direction of a professional librarian does the work involved in ordering, checking, purchasing, classifying, cataloguing, preparing, binding, and shelving books and other library materials.
2. 
Oversees specific library collections and updates holding by removing obsolete materials and recommending new titles and equipment.
3. 
Takes the lead in tasks assigned to support staff and volunteers.
4. 
Participates in the training of patrons and staff on the use of library resources.
5. 
Resolves patron concerns within authority granted by the professional librarian or other supervisory official.
6. 
Conducts tours of the library facility.
7. 
Conducts or prepares the content and arrangement of library materials for displays, exhibits and library programs.
8. 
May use online cataloguing equipment to maintain catalogue system including corrections, additions, new copies and/or editions and removal of items from inventory.
9. 
Prepares correspondence, technical, financial, statistical and other reports.
c. 
Education. Graduation from an accredited college or university with a bachelor's degree.
d. 
Salary range: The salary range of the Library Associate shall be $45,000 to $55,000 per year.
[Ord. No. 98-7 § 1]
A body corporate and politic is hereby created pursuant to and in conformity with N.J.S.A. 40:11A-4, to be known as the "Parking Authority of the Borough of Fairview."
[Ord. No. 98-7 § 2]
The Parking Authority of the Borough of Fairview shall consist of five persons as Commissioners of the Authority, which persons shall be appointed by the governing body of the Borough. The Commissioners who are first appointed shall be designated to serve for the terms of one, two, three, four and five years respectively from the date of their appointment, but thereafter Commissioners shall be appointed as aforesaid for a term of five years, except that all vacancies shall be filled for the unexpired term.
[Ord. No. 98-7 § 3]
No real property shall be acquired by the power of eminent domain without the consent of the Borough Council.
[Ord. No. 98-7 § 4]
The Authority shall have the power to issue bonds in its discretion, for any of its corporate purposes. Neither the Commissioners of the Authority nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof. The bonds and other obligations of the Authority (and such bonds and obligations shall so state on their face) shall not be a debt of the State nor of the Borough and neither the State nor the Borough shall be liable thereon, nor in any event shall such bonds or obligations be payable out of any funds or properties other than those of the Authority. The bonds shall not constitute any indebtedness within the meaning of any debt limitation or restriction. Bonds of the Authority are declared to be issued for an essential public and government purpose and to be public instrumentalities, and, together with interest thereon, and income therefrom, shall be exempt from taxes. In order to secure the payment of such bonds or obligations, the Authority, in addition to its other powers, shall have power to pledge all or any part of its gross or net rents, fees or revenues to which its right then exists or may thereafter come into existence.
[Ord. No. 98-7 § 5]
The Commissioners of such Parking Authority shall exercise all powers and authority granted and be subject to all the provisions of Chapter 11A of Title 40 of the Revised Statutes of New Jersey and such other statutes now or hereafter enacted applicable to parking authorities.
[Ord. No. 01-28 § 1]
There is hereby formed an Advisory Board for the disabled, to consider, deal with and provide advice and counsel to the Mayor and Council of the Borough of Fairview as to the concerns of disabled persons, barrier-free facilities, 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 hereof.
[Ord. No. 01-28 § 2]
The American Disabilities Act Advisory Board shall consist of five regular members and two alternate members, designated as "Alternate No. 1" and "Alternate No. 2" appointed by the Mayor and approved by the Council.
[Ord. No. 01-28 § 3]
a. 
Initially, two members shall be appointed for a term of one year, two members shall be appointed for a term of two years and one member for a term of three years. Thereafter, the members shall be appointed for three-year terms. The alternate members shall be appointed to terms of one year. All appointments shall commence January 1 of the year of appointment. A vacancy on the Board occurring other than by expiration of term shall be filled for the unexpired term.
b. 
The Board as constituted shall meet at least quarterly and shall by a majority vote select a Chairman to serve for a one year period, such selection to be made each year.
c. 
The record of proceedings of Board meetings shall be kept and such record, as well as any recommendations or advice of the Board to the Mayor and Council, shall be provided no later than 60 days after each meeting.
d. 
An alternate member may participate in discussions of the proceedings, but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote first.
[Ord. No. 01-28 § 4]
The American Disabilities Act Advisory Board shall:
a. 
Review the application of the American Disabilities Act to the Borough of Fairview, its buildings, facilities and programs to ensure that the Borough of Fairview complies with the requirement of the American Disabilities Act.
b. 
To make recommendations to the Mayor and Council concerning the implementation of compliance with the American Disabilities Act as it applies to public buildings, facilities and programs.
c. 
Make such individual studies and reports as may be requested by the Mayor and Council.
d. 
Disseminate sufficient information to inform all interested persons of the rights and protections afforded by ADA and the rules promulgated pursuant thereto related to the responsibilities of the Borough of Fairview. This information shall be provided in a manner consistent with the Federal rules for effective communication.
[Ord. No. 01-28 § 5]
a. 
The ADA Advisory Board shall evaluate all Borough programs and services to insure equal opportunity and equal access.
b. 
The ADA Advisory Board shall distribute the self-evaluation plan and permit comment thereon by all interested parties.
c. 
The self-evaluation shall in all respects comply with the Federal rules adopted pursuant to the ADA and shall be kept on file for a period of three years.
[Ord. No. 01-28 § 6]
a. 
The Borough shall maintain in proper working condition those features of facilities and equipment that are required to be accessible and usable by persons with disabilities.
b. 
This subsection of the Borough Code shall not be interpreted to prohibit reasonable shut down times for repairs.
[Ord. No. 01-28 § 7]
a. 
The hiring practices of the Borough shall not discriminate against persons with disabilities.
b. 
All job descriptions shall precisely and accurately describe the essential functions of the job performed by each employee.
c. 
Job applications shall pertain strictly to job performance.
d. 
All job interviews shall be limited to questions concerning the applicant's ability to perform the job.
e. 
The interviewer shall not inquire about disabilities or conduct tests that screen out people with disabilities.
f. 
Questions about the applicant's addiction to alcohol or drugs shall not be asked.
g. 
The Borough shall not conduct medical examinations or inquiries of job applicants prior to an offer of employment. The Borough may, however, require medical examinations and/or inquiries after making an offer of employment to a job applicant and before the applicant begins employment with the Borough. The Borough may condition an offer of employment on the results of the medical examination or inquiry. If the Borough chooses to conduct such medical examinations or inquiries, all entering employees in the same job category shall be subject to the examination or inquiry regardless of the disability.
h. 
Any medical information obtained from employee medical examinations and inquiries shall be maintained on separate forms and shall be treated as confidential and not kept in an employee's personnel file.
i. 
Persons with mental or physical disabilities are eligible as long as they can perform the essential functions of the job after reasonable accommodation is made to their known limitations. If the accommodation cannot be made because it would cause the employer undue hardship, such person may not be eligible.
[Ord. No. 01-28 § 8]
a. 
The Borough shall make reasonable accommodations to make its facilities accessible to and usable by individuals with disabilities. An individual shall not be excluded from participation in or be denied the benefits of the services, programs or activities of the Borough due to disability.
b. 
The Borough shall make reasonable accommodations to its facilities as required by the ADA.
c. 
The Borough shall prepare a transition plan setting forth the steps necessary to complete the structural changes in all public facilities. All interested persons, including individuals with disabilities, shall be able to participate in the development of the transition plan. After completion, a copy of the transition plan shall be made available for public inspection. The transition plan shall include, at a minimum, the following:
1. 
Identification of physical obstacles in the Borough's facilities that limit the accessibility of its program or activities to individuals with disabilities;
2. 
Description in detail of the methods that will be used to make the facilities accessible;
3. 
Specify the schedule for taking the steps necessary to achieve compliance;
4. 
Indicate the official responsible for implementation of the plan.
5. 
Indicate why certain Borough facilities cannot be made accessible.
6. 
Effective immediately, the new construction and alteration provisions of the ADA and the regulations adopted pursuant thereto shall apply to all Borough construction.
[Ord. No. 02-7 § 1]
Pursuant to the authority vested in the governing body under and by virtue of App. A:9-41 et seq. There is hereby established an Emergency Management Council.
[Ord. No. 02-7 § 2]
The Emergency Management Council shall be composed of not more than 15 members who shall be appointed by the Mayor and shall hold office at the will and pleasure of the appointing authority.
a. 
The Municipal Emergency Management Coordinator shall be a member and shall serve as Chairman of the Emergency Management Council.
b. 
The members shall serve without compensation.
[Ord. No. 02-7 § 3]
The Emergency Management Council shall have the following duties:
a. 
To assist the municipality in establishing the various local volunteer agencies needed to meet the requirements of all local emergency management activities in accordance with rules and regulations established by the Governor and the Legislature.
b. 
Within the limits of its appropriation, to establish an adequate organization to assist in supervising and coordinating the emergency management activities of the Borough.
[Ord. No. 02-7 § 4]
The Emergency Management Council may, subject to the approval of the Borough, acquire equipment and make purchases in order to implement the necessary programs for the emergency management of the Borough.
[Ord. No. 02-7 § 5]
a. 
Regular meetings of the Emergency Management Council shall be established.
b. 
The Council shall keep records of its meetings and shall make an annual report to the Mayor and Council of the Borough on or before the 15th of December.
[Ord. No. 02-7 § 6]
The governing body in its discretion, may annually fix, determine and appropriate sums sufficient for the operation of the Emergency Management Council and its activities.
[Ord. No. 10-5]
There is hereby established a 9/11 Memorial Advisory Commission ("Commission").
[Ord. No. 10-5]
a. 
The Commission shall consist of five members and two alternate members all of which are to be appointed by the Mayor with the advice and consent of the Council.
b. 
There shall also be two alternate members nominated by the Mayor with the consent of the Council.
c. 
Regular members that are absent for more than three consecutive meetings shall be deemed to have resigned and their position vacant thereby permitting the appointment or replacement for the unexpired term in accordance with this provision.
d. 
Three members shall be initially appointed for a three-year term; two members shall be appointed for a two year term; and Alternates shall be appointed for one year terms. Each member shall serve until his/her successor is duly appointed.
e. 
The Commission shall have a Chairperson who shall be appointed by the Mayor, which Chairperson shall serve for a two-year term. Thereafter, the members of the Commission shall choose the Chairperson from among their membership.
[Ord. No. 10-5]
The Commission shall meet and organize at the call of the Chairperson as soon as possible following the appointment of its members and may create such other offices as it shall determine, and elect from among its membership persons to serve in such offices. The Commission shall meet monthly, upon proper notice to the public and shall maintain appropriate minutes and records in accordance with law and comply with the Open Public Meetings Act, N.J.S.A. 10:4-1 et seq. and the Open Public Records Act, N.J.S.A. 47:1A-1 et seq.
[Ord. No. 10-5]
All members of the Commission are volunteers (excluding ex-officio members who are Borough employees) and shall perform their duties without compensation.
[Ord. No. 10-5]
The 9/11 Memorial Advisory Commission, under the supervision of the Mayor and Council have the following advisory duties:
a. 
Study, develop and recommend to the Mayor and Council a memorial, fund-raising and ceremony which can be effectuated through the instrumentalities of the Borough to establish a 9/11 Memorial for September 11, 2011.
b. 
Collaborate with and assist other civic and private groups in raising funds and organizing a program for 9/11 services.
c. 
Interact with institutions at the Federal, State and municipal levels of government to promote issues concerning the Commission's agenda in accordance with all applicable laws.
d. 
Engage in such activities as it shall deem necessary and appropriate to accomplish these activities in accordance with all applicable laws.
[Added 12-15-2020 by Ord. No. 20-26]
It is hereby established within the Borough of Fairview a Municipal Alliance Committee for the Prevention of Alcoholism and Drug Abuse (hereinafter referred to as the "Alliance Committee").
[Added 12-15-2020 by Ord. No. 20-26]
The purposes of the Alliance Committee are as follows:
a. 
Organizing and coordinating efforts involving schools, law enforcement, business groups and other community organizations for the purpose of reducing alcoholism and drug abuse.
b. 
In cooperation with local school districts, developing comprehensive and effective alcoholism and drug abuse education programs in grades kindergarten through 12.
c. 
In cooperation with local school districts, developing procedures for prevention, treatment/referral and discipline of students abusing alcohol or drugs.
d. 
Developing comprehensive alcoholism and drug abuse education, support and outreach efforts for parents in the community.
e. 
Developing comprehensive alcoholism and drug abuse community awareness programs.
[Added 12-15-2020 by Ord. No. 20-26]
The functions and duties of the Alliance Committee shall include, but shall not be limited to:
a. 
Creating a network of community leaders, private citizens and representatives from public and private human service agencies who are dedicated to a comprehensive and coordinated effort to promote and support drug and alcohol prevention and education programs and related activities with an emphasis on youth.
b. 
Conducting an assessment of the community to determine the needs of the community in relation to alcoholism and drug abuse issues.
c. 
Identifying existing efforts and services acting to reduce alcoholism and drug abuse.
d. 
Coordinating projects within the Borough of Fairview to avoid fragmentation or duplication.
e. 
Developing programs to be implemented at the municipal level that accomplish the purposes of the state's alliance effort and that of the Municipal Alliance Committee.
f. 
Assisting the Borough of Fairview in acquiring funds for alliance programs.
g. 
Cooperating with the Governor's Council on Alcoholism and Drug Abuse and the Bergen County Local Advisory Committee on Alcoholism and Drug Abuse Alliance Steering Subcommittee to provide municipal data, reports or other information which may be required for the county's annual alliance plan or needed to assist the alliance effort.
[Added 12-15-2020 by Ord. No. 20-26]
a. 
The Alliance Committee shall consist of up to 15 members appointed by the Mayor, subject to the approval of the Borough Committee.
b. 
The terms for each of the members shall be three years and shall expire on December 31 of the last year for which the appointment shall have been made.
c. 
The initial terms shall be so arranged so as to have not more than 1/3 of the terms expire in any one year.
d. 
In making appointments, the Mayor and the Borough Committee may, but shall not be required to, consider representation from the following categories:
1. 
Mayoral representative.
2. 
Chief of Police.
3. 
President of the School Board.
4. 
Superintendent of Schools.
5. 
A student assistance coordinator.
6. 
A representative of the Parent/Teacher Association.
7. 
A representative of the local bargaining unit for teachers.
8. 
A representative of the Chamber of Commerce, including but not limited to local businesses and industry representatives.
9. 
A representative of organized labor.
10. 
A municipal court judge or representative of the court system.
11. 
Representatives of local civic organizations.
12. 
Representatives of local mental health agencies and local treatment and prevention providers.
13. 
Representatives of local religious groups.
14. 
Private citizens to include a youth representative and youth and adults recovering from drug and/or alcohol abuse.
e. 
Vacancies shall be filled by the Mayor, with the approval of the Borough Committee, for the balance of the unexpired term.
f. 
Not less than 50% of the Alliance Committee shall be residents of the Borough of Fairview.
[Added 12-15-2020 by Ord. No. 20-26]
a. 
A quorum of the Alliance Committee shall consist of a majority of its membership, excluding vacancies.
b. 
Actions shall require the vote of a majority of a quorum present.
c. 
The Alliance Committee shall, at its first meeting held during each calendar year or at its first meeting following the creation of the Alliance Committee, elect from its membership a President, Vice President, Secretary and such other officers as it deems appropriate, which officers shall serve until the following annual meeting or unless or until their successors shall be elected and qualified.
d. 
Minutes of all meetings shall be taken to serve as a public record.
e. 
The President of the Alliance Committee may, with the support of the Alliance Committee, appoint from its membership such standing and ad hoc committees as deemed necessary or appropriate.
f. 
Meetings of the Alliance Committee shall be governed by the most recent edition of Robert's Rules of Order Revised.
g. 
The Alliance Committee may adopt bylaws, subject to the approval of the Borough Committee, not inconsistent with the terms hereof.
h. 
The Alliance Committee shall meet at least once each month, at such location and on such dates and times as fixed by the President upon notice to each of the Alliance Committee's members. In addition, the President may call such special meetings of the Alliance Committee as the President deems necessary or appropriate upon notice to each of the Alliance Committee's members.
i. 
The Alliance Committee shall establish a fund-raising committee from among its membership, which shall meet at least quarterly during the project period to develop and implement a plan for raising matching funds and for identifying and utilizing resources over the lifetime of the project.
[Added 12-15-2020 by Ord. No. 20-26]
Each member of the Alliance Committee shall serve without compensation, and no Alliance Committee member shall incur any expense without prior approval by the Borough Committee.
[Added 12-15-2020 by Ord. No. 20-26]
The Borough Committee may remove members from the Alliance Committee for failure to attend meetings or for otherwise failing to carry out duties and responsibilities of membership upon notice to the member and after affording such member an opportunity to be heard.