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Days of grandeur here again Concerts in the park could be liability for towns

BY MATTHEW MALYSA Staff Writer Jazz about licensing

The Rutherford mayor and The issue: Performing council were recently made rights orgs want towns to aware that the borough could be pay licensing fees to found in violation of copyright protect from copyright laws for a lack of musical licens- ing for public performances of infringement at events. music at Rutherford sponsored The law: The Copyright Law concerts and festivals according to a correspondence from a per- requires music users get forming rights organization. permission from each Music licensing fees are com- songwriter/composer to mon for restaurants and bars that play live music, but this is a play their music. fairly new How it works: For a fee to RUTHERFORD concept for munic- main performing rights STAFF PHOTO/JAIMIE WINTERS ipalities – at least in Rutherford. orgs, a town gets Iviswold Castle was opened up to Felician faculty and students last week after the 14 year renovation was completed earlier To offer live music legally, ven- discounted blanket ues in most cases must pay licensing. this month. licensing fees that approach or exceed $1,000 a year. What is the problem: Towns There are three main perform- say promotional companies 14 years in the making, Iviswold ing rights organizations men- tioned in the U.S. copyright law already pay the fees and renovations are complete - Broadcast Music, Inc. (BMI), officials are hesitant to pay American Society of Composers, $1,000. BY MATTHEW MALYSA was purchased by David Authors and Publishers Staff Writer Brinkerhoff Ivison in 1887. (ASCAP) and SESAC, Inc. The What could happen: Towns Ivison, a well known textbook organizations specialize in music could be fined for music at The $9 million transformation publisher in the late 19th-centu- performance rights management of the historical Iviswold Castle ry, turned the house into much of and represent their respective concerts in the park, on Felician College campus in what it resembles today. His songwriters, composers and streets fairs etc. Rutherford is finally complete— architect, William H. Miller, used music publishers to make sure after nearly 14 years of careful, un-coursed brownstone that was they receive all of the royalties step-by-step restoration. obtained from a local Belleville entitled to them. the obligations to pay royalty for After considerable delays due quarry to line the walls. He While promoters and live to the project’s general contrac- added turrets, iron railing bal- music venues are well aware of SEE MUSIC, PAGE A5 tor filing for bankruptcy in the conies, a music room and the 2012, the 18,000 sq. foot castle, porte-cochere. The castle was which houses both student areas modeled after the style of and administrative offices, is now Chateau de Chaumont in the the operational campus focal Loire Valley in France. point that college officials had The building, which Ivison Town to get first hoped it would be. named Iviswold Castle, has Last week, local media took a changed hands several times dur- STAFF PHOTO/JAIMIE WINTERS castle tour hosted by the project’s ing its existence, with ownership The original staircase was replaced in the 1960s with a principal varying from a private residence modern one. Using old photos the college decided to bring chief since 2008 RUTHERFORD architect, to a men’s club until it eventual- Annabelle ly became vacant by 1937. Fair- back the grandeur of the foyer and rebuilt the original Radcliffe-Trenner, who detailed leigh Dickinson University pur- stairway. BY MATTHEW MALYSA longevity pay Inside the extensive work that went into chased the building in 1942, and Staff Writer and bonuses breathing new life to the three- converted it into classrooms, a –when he Police salaries story, 25-room 19th-century cas- library and administrative offices. Mayor Joe DeSalvo was retired. at a glance tle. According to Radcliffe-Tren- expected to appoint Lt. John R. The council “The college had a choice of ner, in the process of converting Russo as the new Rutherford can either A6 doing something much simpler, the building for educational pur- Chief of Police at the March 26 accept or deny but opted to really commit to poses, FDU concealed many of council meeting, which took the mayor's keeping the history of this build- the original castle finishes, place after press time. appointment at the March 26 ing alive. Everything they did, the including decorative painted ceil- The Rutherford Police meeting. decisions they made, were fiscal- ings, plaster cornices, walnut Department has been without a Russo scored the highest on ly responsible. Where they paneling, frescos, chandeliers chief the civil service police chief thought it would make a great and skylights that became hid- RUTHERFORD since exam according to Mayor visual impact, they spent the den by drop ceilings, room par- 2008, DeSalvo. The mayor can choose money, and where we could titions and heavy coats of paint. when the council opted to elim- from the top three scoring candi- save, we saved. It was a very "All kinds of amazing things inate the position in favor of dates of the test. good systematic approach to the were covered over," she said, appointing a civilian police project,” said Radcliffe-Trenner. stating that thankfully, workers director. Captain Hal Ciser has Salary ordinances As she led the tour, the archi- took measures to hide many of been running the RPD for the In order to regulate the salary tect explained how the building the building’s now coveted treas- last two years, after former Police for the police chief position, the was originally built by New York ures rather than demolish or Director John Thompson retired council has already introduced newspaper tycoon and land remove them during the castle’s in February 2012. Thompson two ordinances, which will developer Floyd W. Tomkins in conversion into an educational earned $82,000 a year, with no change the salaries for the posi- 1869, and as a simple stone, space. STAFF PHOTO/JAIMIE WINTERS health benefits, and former tions of police chief and police mansard-roofed, two-story stone FDU closed the Rutherford Police Chief Steven Nienstedt captains. Borough Attorney house. That building was greatly The drawing room with its hand painted trompe-l'œil ceiling earned approximately $180,000 enlarged and redesigned when it SEE CASTLE, PAGE A6 fully restored might be available for rentals in the future. annually -- between base pay, SEE POLICE, PAGE A6

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DREDGE Chemicals such as dioxins and a vacuum cleaner, and 65 decibels dredged in an effort to restore the that section. AGENCY PCBs tend to stick to sediment for evening activity. Additional river’s value to the community. Germann said deep contamina- FROM PAGE A3 and aren’t easily dissolved in noise control measures aren’t con- “Get rid of the poison once and tion was deposited “years ago” and FROM PAGE A3 water, the report reads. Airborne sidered necessary since the work for all,” Sheehan said. “They has been covered with “infilling “We are confident that we have dust isn’t expected because river will be done at least 1,000 feet should go down until they hit sediment” in the meantime. Issues to the EnCap $50 million fiasco. identified and addressed all of the material has high moisture content from the nearest residential area, clean sand.” being addressed by the dredging Borough Attorney Dick potential operational issues, and will be transported with water the report indicated. In sampling programs and stud- are due to “historical contamina- Allen said the taxpayers should including those concerning the on top. Since most work will be done ies cited by the report, core sam- tion” and not as a result of “ongo- not worry about losing money, tides and barges,” CPG spokesper- Generally the chemicals in con- during the day, staged lighting isn’t ples showed a dioxin concentra- ing operations from the CPG or because they are not the ones son Ray Germann said. centrations found in the river don’t anticipated outside of sunrise or tion over 3,000 milligrams per any other private or public par- purchasing the bonds. Taking the engineers and con- emit odors; however, the sediment dusk on cloudy days. Barges mov- kilograms, a number that drops to ties,” he said. "At least there's one biblical tractors’ experience into account, could produce hydrogen sulfide, ing at night require lighting direct- under 500 below 5.5 feet. Average truth to this: the borough won't the EPA believes the schedule can known to have a rotten egg smell. ed at the river to navigate. Resi- concentrations of mercury, ben- Flooding issues have any responsibility over be met, said David Kluesner, EPA All naturally occurring sediment dents can log complaints, which zoapyrene, PCBs and other chem- Removing the top two feet is this transaction," Allen assured. Community Affairs coordinator. will have some smell due to plants the CPG will investigate, to an icals at the 3.5 to 5.5-foot level necessary for placement of the cap Councilman Joel Brizzi said and decaying leaves, the report EPA hotline that will be estab- were less than half of the amounts without exacerbating the river’s that every decision the bor- Dust, smell, noise reads. lished in the coming months. found in the top two feet of sedi- flooding, EPA’s Kluesner said. In ough makes is based on risk. Preliminary calculations suggest Monitoring for volatile organic ment. “Our studies have shown the report, one of the guiding prin- "We need more revenue," the emissions generated by dredg- chemicals (VOC) will be con- How low to go that the risk from sediment to peo- cipals is to ensure dredging and Brizzi noted, adding that the ing won’t exceed EPA or New Jer- duced downwind. Should a mon- Another criticism of the project ple and the ecology in the river is capping “will not cause flooding DPW is operating on a skele- sey Department of Environmental itor detect VOC or dust concentra- is that the dredging will only go due primarily to surface sediment- and not increase the likelihood of ton crew and cleaning and Protection (NJDEP) thresholds, tions over set levels during a 15- down two feet when contamina- top six inches- and that the con- flooding in the future” by leaving landscaping services were pri- the report reads. minute period, work will stop until tion exists deeper in the riverbed. taminated sediments below 2 feet the riverbed at the same height as vatized in order to save mon- According to the report, expo- the problem could be resolved. All debris above the 2-foot depth are buried and not in contact with prior to operations and no addi- ey." sure hazards from wind-borne The report claimed the dredging will be removed. Anything discov- people and organisms,” Germann tion of permanent structures to Brizzi estimated that taxpay- dust over a few minutes or hours doesn’t fall under NJDEP noise ered beyond that depth will be left. said. The cap is designed to pre- obstruct tidal flow. ers could save 30 to 60 percent aren’t typically a public protection statues, but the project will attempt A formal debris study wasn’t con- vent exposure to remaining sedi- The public is invited to an on their property tax bills if and concern. Adverse health effects are to adhere to noise limits set by ducted. ment, he added. upcoming hearing on the draft when American Dream associated with higher concentra- state law, however. Maximum Hackensack Riverkeeper Bill According to the report, a steep plan in Lyndhurst, Kluesner said. becomes a reality. tions and dust naturally disperses hourly averages on the eastern Sheehan said he believes the slope in the riverbed adjacent to A date has yet to be announced. in the ambient air. The operation shore of noise for daytime activity whole length of the river from two baseball diamonds in the park Email: is considered “short term.” is 75 decibels, or about as loud as Dundee Dam to the bay should be prevents the installation of a cap in Email: [email protected] [email protected]

ums, libraries or at special events. In 1995, both BMI and ASCAP Performers are responsible for but if you take a fee like this from festival was very low. MUSIC Leah Luddine, a BMI spokes- lawyers admitted to a New Jersey paying royalties when playing every municipality in the country “While legally these companies woman, said that her organization state assembly committee that someone else’s music but the ven- – that really comes out to a lot of aren’t wrong – the cost of litigation FROM PAGE A1 has been licensing governmental they sent undercover “music veri- ue may or may not be held respon- money for not actually doing any- for them needs to be worth the entities for the use of its repertoire fiers” to various locations that sible. thing,” said Hipp, adding the like- cost of their attorneys,” said Hipp. music being preformed or played, for more than 50 years. She said refused to sign a fee agreement “They are basically saying why lihood of the borough being sued the idea of a municipality having that for a local government entity, with their companies. take the risk when we only want for the performance of any one to pay does not seem to jazz with the two main components of the “The one thing I think is impor- around three hundred dollars – particular song during a concert of Email: [email protected] public officials in Rutherford, who municipality license fee are the tant to understand is that this is are only first hearing about music population size and special events; not a request – it is a demand – licenses. each municipality is different. these organizations, and their For a fee of $327 to SESAC and “As a central resource, BMI can respective artists are entitled to a similar amount to each of the grant blanket copyright clearance reasonable royalties and will pur- Free to Borough Residents other two performing rights organ- for more than 7.5 million songs sue the matter should an individ- izations, a municipality with a through a single music license, ual or entity refuse to comply,” population under 25,000 people saving the municipality the time said Gold. He explained that a receives blanket licensing for all of and expense of contacting each performing rights organization Borough of North Arlington the music played at events. songwriter or composer for per- will often issue a series of letters According to Bill Lee, Senior Vice mission,” said Luddine. seeking compliance before filing a President of Licensing Operations Rutherford Borough attorney complaint for infringement in Fed- Document Shredding Day for SESAC, Inc., between the Phillip A. LaPorta warned the eral Court. three organizations, they have the council during their March 12 Penalties for live performance ability to license nearly 100 per- meeting that once they purchase copyright infringement can range cent of available music. the licensing, they will most likely from $750 to $30,000 per song in Saturday,March 30 “Normal business practice is have to purchase the protection some cases; however, “willful” that if a municipality were to sign annually going forward if they copyright infringement can be as 9a.m. to 1p.m. – they would sign with all three in intend to continue holding events high as $150,000. order to be fully covered,” said like the summer concert series in Attorney and former Ruther- Lee, adding the blanket fees for Lincoln Park. “They have us in ford Mayor John Hipp said his Borough Hall Parking Lot, 214 Ridge Road municipalities are at a substantial their sights,” said LaPorta. administration received informa- discount and cover parades, con- Though Lee said that SESAC tion concerning performing rights Who Should Come? Anyone wanting to get rid of unwanted or outdated certs, festivals and more. allows municipalities to terminate during his time in office, but chose financial records, bank books, old bills, insurance policies or anyother sensitive David S. Gold, an attorney with their agreements with them, he did not to respond on the grounds Cole, Schotz, Meisel, Forman & state that each of the organizations that the borough always contract- material thatcan be discarded. Leonard, P.A. in Hackensack, has has an obligation to protect their ed performances out through a advised both artists and entities on clients and ensure proper com- third party that assumes responsi- Why? To keep sensitive personal information out of the hands of identity thieves and obtaining music licenses. Gold pensation for the public perform- bility. others who may misuse information about you. Everyday identity thieves sift through said that due to municipalities ances of the copyrighted musical “Publishers are scrapping to get household garbage looking for social security numbers, bank account numbers and being targeted by performing works of the authors, composers money every which way. Their rights organizations, a consortium and publishers they represent. business model has been shot to personal data thatthey can use to take advantage of you and your family. called the International Municipal Organizations that sell music hell over the past few years now Lawyers Association (IMLA) has licensing have been known to be that they have to depend on Apple IS ShreddIng negotiated what they call a “sim- very persistent in pursuing fees and iTunes,” said Hipp, who deals Safe? Yes. The ple, comprehensive and cost-effec- from businesses and other entities. with copyright issues. paper shredder on tive blanket license agreements with ASCAP and with BMI on loan to the borough is behalf of its members and all local enclosed in the back of governments in the United apanel truck and States.” security cameras allow IMLA’s website states that the copyright clearance, which is a residents to watch their requirement under U.S. copyright documents being destroyed. law, is intended to save the local The shredder can accommodate government time and expense of GETTING READY securing permission directly from paper only; documents in hard each copyright owner every time TO RETIRE? cover binders or plastic will not music is used by various public be accepted. entities within the community, We have over40years of combined experience helping people such as community centers, muse- just likeyou. We can help you maximize your investment income, WhathappenS after while at the same time reducing your risk. the doCumentS are We will help guide you through the retirement process. If you have a401 Kplan you really should seek out sound advice. Shredded? The shredded That’swhat we provide. documents are taken to arecycling center and made into new paper We will build aroadmap to your products and the borough gets peace of mind. recycling credits for the amount of •Retirement Planning paper shredded. •Portfolio Management •Fee based investment advisory services

Please call to schedule afreeconsultation. 201-804-4800 To help you storeyour recyclables, the borough Erik Larsen CFP,EA–Daniel E. Larsen CPA will be selling 25 gallon recycling barrels to residents Registered Representatives 136 Ridge Road, Lyndhurst, NJ 07071 for just $10 each on shredder day. E: [email protected] In Memoriam 0003449854-01©NJMG In loving memory on your anniversary, STOP SMOKING &FEEL Doreen Sheehan, BETTER WITH ACUPUNCTURE going to Heaven on Easter Sunday 1986.

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