**** PLEASE NOTE****
This is a preliminary agenda which
may be incomplete and is subject to revision up until meeting time.
There will be complete agendas available to the public at
meeting time.
COUNCIL MEETING
JANUARY 24, 2012
INVOCATION - Rabbi Jarah
Greenfield of Reconstructionist Temple Beth Israel
SALUTE
TO THE FLAG
STATEMENT
OF COMPLIANCE WITH THE OPEN PUBLIC MEETINGS ACT
“On January 1, 2012, 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 2012,
which has been posted on the bulletin board at Borough Hall, filed with the
Borough Clerk, faxed to the Our Town, The Record, The Community News and The
County Seat newspapers and distributed to all persons, if any, requesting
copies of same pursuant to said Act.”
In case of an emergency or fire
alarm you must evacuate the building by using any of the exit doors in the
room. They are immediately to my
right and the double doors at the rear of the room. Occupants must exit the building by using the staircase and
not the elevator.
Members of the governing Body
present: Mayor Padovano ( ) Council members Savage
( )
Fleischmann ( )
Auriemma ( ) Febre ( ) Ballerini ( ) Meglio ( ) Borough Attorney Ronald
A. Dario ( ) Borough Clerk
Jean M. Pelligra ( )
Borough Administrator Roberta Stern ( )
Council member __________ made a motion to suspend the
regular order of business for the purpose of __________; seconded by Council
member _________. All in favor.
PROCLAMATIONS, PRESENTATIONS, ETC. (If any)
Council member _________ moved to go into a regular order
of business; seconded by Council member________.
Mayor Padovano asked for a roll call vote.
Savage (
) Fleischmann (
) Auriemma (
) Febre (
) Ballerini (
) Meglio (
)
PUBLIC HEARING ON PENDING ORDINANCES - ADOPTION OF
ORDINANCES
ORDINANCE
# 1-12
AN
ORDINANCE AMENDING SECTION 52-64 OF CHAPTER 52 OF THE CODE OF THE BOROUGH OF MAYWOOD
RESPECTING A General ANTI-NEPOTISM
ORDINANCE affecting employment with THE BOROUGH OF Maywood”
ORDINANCE # 2-12
AN ORDINANCE AMENDING ORDINANCE NO.
25-08 ENTITLED AN ORDINANCE TO ESTABLISH, RATIFY AND CONFIRM CERTAIN OFFICES
AND POSITIONS OF EMPLOYMENT IN THE BOROUGH OF MAYWOOD, COUNTY OF BERGEN, NEW
JERSEY, AND TO PROVIDE FOR AND DETERMINE THE MAXIMUM RATE AND METHOD OF
COMPENSATION TO SUCH OFFICERS AND EMPLOYEES (FOR CURRENT EMPLOYEES AS OF
EFFECTIVE DATE OF THIS ORDINANCE) RESPECTING THEPOSITIONS OF BOROUGH
ADMINISTRATOR AND PROSECUTOR
Mayor Padovano opened the meeting to the public for any
comments or questions.
Council member ___________moved for adoption; seconded by
Council member ___________.
Mayor Padovano asked for a roll call vote.
Savage (
) Fleischmann (
) Auriemma (
) Febre (
) Ballerini (
) Meglio (
)
BE IT RESOLVED
by the Mayor and Council of the Borough of Maywood that Ordinances #1-12 and
#2-12 be and they are passed upon second and final reading and that the Borough
Clerk is hereby authorized and directed to advertise the same according to law.
MEETING OPEN TO THE
PUBLIC (FIVE MINUTE TIME FRAME)
Mayor Padovano opened
the meeting to the public for any comments on or off the agenda.
APPROVAL OF MINUTES
Council member_______ moved for approval of the December 1,
2011 Work Session minutes, December 8, 2011 Work Session and Closed
Session minutes, and the December 15, 2011 Council Meeting and Closed Session
minutes; seconded by Council member ________.
Mayor Padovano asked for a roll call vote.
Savage (
) Fleischmann (
) Auriemma (
) Febre (
) Ballerini (
) Meglio (
)
PRESENTATION OF BILLS AND CLAIMS AND REQUEST FOR PUBLIC
COMMENT
None
RESIGNATIONS - ACCEPTANCE OF THE FOLLOWING
1. Cesare Sottile as a full member
of the Maywood First Aid Squad, remaining at life member status, effective
January 24, 2012.
Council member _______ moved the resignation be accepted;
seconded by Council member_______ .
Mayor Padovano asked for a roll call vote.
Savage (
) Fleischmann (
) Auriemma (
) Febre (
) Ballerini (
) Meglio (
)
APPOINTMENTS - APPROVAL OF THE FOLLOWING
1. Steven L. Cannon, Allison Pegg
and Elaine Epper as full members of the Maywood First Aid and Emergency Squad,
effective January 24, 2012.
Council member __________ moved the appointments, seconded
by Council member __________.
Mayor Padovano asked for a roll call vote.
Savage (
) Fleischmann (
) Auriemma (
) Febre (
) Ballerini ( ) Meglio ( )
COUNCIL APPROVAL OF THE FOLLOWING
1. From Maywood Avenue School PTO –
permission to hold Bingo and On-Premise 50/50 Raffle at Maywood Avenue School
on February 10, 2012 from 6:00 – 11:00 pm.
Council member _________ moved for approval, seconded by
Council member _________.
Mayor Padovano asked for a roll call vote.
Savage (
) Fleischmann (
) Auriemma (
) Febre (
) Ballerini (
) Meglio (
)
RESOLUTIONS BY TITLE - CONSIDERATION OF THE FOLLOWING
RESOLUTION #37-12
RESOLUTION CONFIRMING MAYORAL
APPOINTMENTS
TO COMMUNITY DEVELOPMENT
RESOLUTION # 38-12
AUTHORIZING
SERVICE AGREEMENT WITH MUNIDEX FOR
SOFTWARE MAINTENANCE
RESOLUTION # 39-12
AUTHORIZING SERVICE AGREEMENT WITH STEADYFLOW SERVICES TO MONITOR AND CALIBRATE THE WASTEWATER FLOWMETER
RESOLUTION # 40-12
RESOLUTION amending
resolution #31-12 in the borough of maywood, bergen COUNTY, NEW JERSEY
RESOLUTION # 41-12
RESOLUTION
Rejecting bids for the collection of recyclables in the borough of maywood,
bergen COUNTY, NEW JERSEY
Council member _______ moved for adoption, seconded by
Council member ________.
Mayor Padovano asked for a roll call vote.
Savage (
) Fleischmann (
) Auriemma (
) Febre (
) Ballerini (
) Meglio (
)
INTRODUCTION OF ORDINANCES
None
COMMITTEE REPORTS
Savage (
) Fleischmann (
) Auriemma (
) Febre (
) Ballerini (
) Meglio (
)
Mayor ( ) Attorney ( ) Clerk ( ) Administrator
( )
CLOSED SESSION - IF APPLICABLE
Council member _________ made a motion to go into Closed
Session; seconded by Council member __________.
Savage (
) Fleischmann (
) Auriemma (
) Febre (
) Ballerini (
) Meglio (
)
Closed Session Resolution #_______________
Council member ___________ made a motion to return to the
regular order of business; seconded by Council member __________ .
ADJOURNMENT
Council member____________ moved the
meeting be adjourned; seconded by Council member
____________ and so carried at ____________ pm.
ORDINANCE
# 1-12
AN
ORDINANCE AMENDING SECTION 52-64 OF CHAPTER 52 OF THE CODE OF THE BOROUGH OF
MAYWOOD RESPECTING A General ANTI-NEPOTISM
ORDINANCE affecting employment with THE BOROUGH OF Maywood”
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 Members of the Borough of Maywood desire to adopt an anti-nepotism policy to prohibit the appointment or employment of family members of an elected official; and
WHEREAS, the Mayor and Council Members of the Borough of Maywood will refer matters arising under this ordinance and the Local Government Ethics Law to the county ethics board for enforcement;
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of Maywood, County of Bergen, State of New Jersey, as follows:
Section 1: Section 52-64, respecting nepotism, of Chapter 52 of the Code of the Borough of Maywood entitled “Personnel Policies” shall be amended to read as follows, with assignment of appropriate numbering:
Section 2: Anti-Nepotism Policy
The Mayor and Council Members of the Borough of Maywood declare that an anti-nepotism policy should be enacted.
Section 3: Definitions
Wherever and whenever this Ordinance mentions or references “Family Member” or “Relative,” same refers to: spouse; child; parent; sibling; grandparent; grandchild; father-in-law; mother-in-law; brother-in-law; sister-in-law; stepfather; stepmother; stepsibling; half-brother; half-sister; nephew; niece; first cousins; aunt; uncle; foster children; domestic partner or cohabitants as
defined by the New Jersey Civil Union Act.
Section 4: Hiring and Supervision of Employees
a. No person who is a relative or family member of any elected official of the borough shall be considered for employment as an employee of the borough. This applies to full-time, part-time, and seasonal employment. This shall not restrict nor prohibit the continued employment of individuals to a position or positions with the borough where a relative of a permanent employee is elected after the date of the permanent employee’s start date of employment with the borough.
b. No elected official can serve as liaison to any department that employs any member of that elected official’s family.
c. No municipal employee shall be in a position that provides supervision over a member of his or her family. This precludes the acceptance of applications for full-time, part-time or seasonal employment from relatives for positions in the same department where supervision conflicts exist or through promotion, potential conflict could exist. This policy does not apply to present employees of the borough.
d. These policies are not for the purpose of depriving any citizen of an equal chance for a government job, but solely to eliminate the potential for preferential treatment of the relatives of government personnel or elected officials. These policies will not deprive any permanent employee as of the date of these policies of any promotional right in the normal career development nor change the existing status of any permanent employee.
None of these policies apply to any unpaid volunteer positions.
Section 5: Promotion of Existing Employees
a. No elected official or supervisor may participate in the promotion process, or any other personnel matter, of any existing municipal employee who is a relative or family member of such elected official or supervisor.
Section 6: Appointments
a. No relative or family member of an elected official shall be appointed to the position of any municipal professional who receives compensation, or to any Board or Commission which has more than an advisory role and/or one in which the members receive compensation.
Section 7: Preservation of Records
a. All statements, complaints, requests or other written materials filed pursuant to this Ordinance, or other official papers prepared pursuant to this Ordinance, shall be preserved for a period of at least five years from the date of filing or preparation.
Section 8: Severability
a. If any portion of this Ordinance is declared to be invalid by a court of competent jurisdiction, it shall not affect the remaining portions of the Ordinance, which shall remain in full force and effect.
Section 9: Repealer
a. All prior Ordinances inconsistent with the provision of this Ordinance are hereby repealed as to such inconsistency.
Section 10: Effective Date
a. This Ordinance shall take effect upon passage and publication according to law.
ORDINANCE # 2-12
AN ORDINANCE AMENDING ORDINANCE NO.
25-08 ENTITLED AN ORDINANCE TO ESTABLISH, RATIFY AND CONFIRM CERTAIN OFFICES
AND POSITIONS OF EMPLOYMENT IN THE BOROUGH OF MAYWOOD, COUNTY OF BERGEN, NEW
JERSEY, AND TO PROVIDE FOR AND DETERMINE THE MAXIMUM RATE AND METHOD OF
COMPENSATION TO SUCH OFFICERS AND EMPLOYEES (FOR CURRENT EMPLOYEES AS OF
EFFECTIVE DATE OF THIS ORDINANCE) RESPECTING THEPOSITIONS OF BOROUGH
ADMINISTRATOR AND PROSECUTOR
BE IT ORDAINED by the Mayor and Council of the Borough of Maywood, Bergen County, New Jersey, as follows:
Section 1. Section 1 of Ordinance No. 25-08 entitled “An Ordinance to Establish, Ratify and Confirm Certain Offices and Positions of Employment in the Borough of Maywood, County of Bergen, New Jersey, and to Provide for and Determine the Maximum Rate and Method of Compensation to Such Officers and Employees (For Current Employees as of Effective Date of this Ordinance)” is hereby amended for the positions of Borough Administrator and Prosecutor as follows:
POSITION SALARY
Minimum Maximum
ADMINISTRATIVE
Borough Administrator (1) $ 80,000.00 $ 90,000.00
MUNICIPAL
COURT
Prosecutor $ 11,000.00 $ 15, 000.00
Section 2. All ordinances or parts thereof inconsistent herewith are repealed to the extent of such inconsistency.
Section 3. With respect to any compensate Section 3. With respect to any compensation of managerial, executive or confidential employees, as defined under the New Jersey Employer-Employee Relations Act (N.J.S.A. 34:13A-3), this ordinance shall become operative twenty (20) days after final passage and publication, except as otherwise provided under N.J.S.A. 40A:9-165. With respect to the compensation of any other employee, this ordinance shall take effect upon final passage and publication as required by law.
RESOLUTION #37-12
RESOLUTION CONFIRMING MAYORAL
APPOINTMENTS
TO COMMUNITY DEVELOPMENT
WHEREAS, the Mayor of the Borough of Maywood, Gregg A. Padovano, has appointed Mayor Gregg A. Padovano as the Mayoral Community Development Representative and Borough Administrator Roberta Stern as the Mayoral Alternate Community Development Representative; and
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Maywood, Bergen County, New Jersey, as follows:
1. The Mayoral appointments for Community Development Representative and Alternate Community Development Representative as set forth above are hereby confirmed.
2. The aforesaid appointments shall be effective through June 30, 2012.
RESOLUTION # 38-12
AUTHORIZING
SERVICE AGREEMENT WITH MUNIDEX FOR
SOFTWARE MAINTENANCE
WHEREAS, the Borough of Maywood is in need of a service agreement for the Software Maintenance of the Munidex Computer Software Systems for the year 2012; and
WHEREAS, the agreement provides for a
one (1) year service with fees as noted in the Software Maintenance Agreement
and listed as $160.00 per hour for Support / Consulting, $195.00 per hour for
Programming Services, $135.00 per hour for Additional Training and $125.00 per
hour for Data Conversion/Data Entry; Finance Package $6,148; Site Service
$3,437; Tax Package $3,120; Boards and Appointments $271; Minute Index $296;
Pets $396 and Vital Statistics $551 for a total of $ 14,216 less 20% for
payment prior to February 1, 2012 leaving a balance due of $11,373.00.
NOW, THEREFORE, BE IT RESOLVED by the
Mayor and Council of the Borough of Maywood, Bergen County, New Jersey that the
Mayor is hereby authorized to execute, and the Borough Clerk to attest, a
service agreement between the Borough of Maywood and Munidex, Inc. for the
maintenance of the Munidex Software Systems, not to exceed $17,500.00.
RESOLUTION # 39-12
AUTHORIZING SERVICE AGREEMENT WITH STEADYFLOW SERVICES TO MONITOR AND CALIBRATE THE WASTEWATER FLOWMETER
WHEREAS, the Borough of Maywood is in need of a service agreement for the monitoring and calibration of the wastewater flowmeter system; and
WHEREAS, Steadyflow Services has
submitted a proposal in the amount of $3,172.50 which would encompass the
quarterly calibration of ISCO 4210 flowmeter by two (2) people, the monthly
download of data via modem, and the preparation and submission of the monthly
report for billing purposes and allows for a reduction of $2,832.50 due to the
flowmeter not being operational for six months in 2011; and
WHEREAS, the agreement shall be
effective for the year 2012;
THEREFORE, BE IT RESOLVED by the Mayor
and Council of the Borough of Maywood, Bergen County, New Jersey that Mayor is
hereby authorized to execute, and the Borough Clerk to attest, a service
agreement with Steadyflow Services for a one (1) year period for a total amount
of $3,172.50 as listed in their 2012 proposal;
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Borough Clerk is hereby authorized and
directed to cause a brief notice to be published in the Our Town newspaper
setting forth the nature, duration, service and amount of the contract and that
the resolution and contract are on file and available for public inspection in
the Office of the Borough Clerk during normal business hours.
RESOLUTION # 40-12
RESOLUTION amending
resolution #31-12 in the borough of maywood, bergen COUNTY, NEW JERSEY
WHEREAS the Mayor and Council of the Borough of Maywood
adopted resolution #31-12 regarding the termination of Thomas H. Richards from
the position of Borough Business Administrator; and
WHEREAS, said resolution set forth the severance due to Mr.
Richards pursuant to contract terms and N.J.S.A. 40A: 9-138; and
WHEREAS, said resolution failed to address compensation for unused
vacation time;
WHEREAS, Mr. Richards is eligible to receive compensation
for twenty (20) days unused vacation time;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Maywood, County
of Bergen, State of New Jersey that the Mayor be and he is hereby authorized
and directed to execute, and the Borough Clerk to attest, to any and all
documents necessary to amend resolution to include compensation to Thomas
H. Richards for twenty (20) days of unused vacation time; and
BE IT Further
RESOLVED, that
a copy of the within resolution and the governing agreement be available for
public inspection during regular business hours and pursuant to the laws of the
State of New Jersey, County of Bergen and Borough of Maywood; and
RESOLUTION # 41-12
RESOLUTION
Rejecting bids for the collection of recyclables in the borough of maywood,
bergen COUNTY, NEW JERSEY
WHEREAS, on December 6, 2011 the Borough of Maywood received
bids for the collection of recyclables for the Borough of Maywood;
and
WHEREAS, the notice to bidders was published in conflict with
a current existing recyclables collection contract enacted by resolution
#180-11, and as such bids would breach said contract, and as fluctuations
existed in the bid specifications regarding tonnage figures; and as there has
been questions raised regarding complete submission by some or all of the
bidders; and
WHEREAS, the
Borough Attorney has recommended the bids be rejected pursuant to N.J.S.A.
40A:11-13.2 (c) (d) (e)
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Maywood, County
of Bergen, State of New Jersey that the Mayor be and he is hereby authorized
and directed to execute, and the Borough Clerk to attest, to any and all
documents necessary to reject the bids received on December 6, 2011 and to
notify all bidders; and
BE IT Further
RESOLVED, that
a copy of the within resolution will be available for public inspection
during regular business hours and pursuant to the laws of the State of New
Jersey, County of Bergen and Borough of Maywood; and