WORK SESSION APRIL 10, 2012

Transcription

1 WORK SESSION APRIL 10, 2012 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. This meeting is being recorded by both video and audio and may be rebroadcast. Members of the governing Body present: Mayor Padovano, Council members Savage, Fleischmann, Auriemma, Febre, and Meglio. Also present were Borough Attorney Ronald A. Dario, Borough Clerk Jean M. Pelligra, and Borough Administrator Roberta Stern. ABSENT: Council member Ballerini Gregory Polyniak of Neglia Engineering was present to give the monthly report NJDEP ECONOMIC RECOVERY PROGRAM Scope: This project consists of improvements to the Lincoln / Mendez Intersection Drainage and the cleaning, televising, and lining of the Westerly Brook. Advertise Date: Bid Date: 7/20/2011 Awarded: 8/4/2011 Start of Work: 10/17/2011 Projected Completion Date: Summer 2012 Status: Bids for the project were received on July 20 th, The project was awarded to Montana Construction in the amount of $602, which was approved by the NJDEP. A Pre Construction Meeting was held on Friday, October 14, Drainage Improvements along Mendez Ave. and Lincoln Ave. have been installed with restoration scheduled for the spring. As discussed at the March 2012 Mayor and Council Work Session meeting, approximately five hundred linear feet of sanitary sewer on Magnolia Avenue should be replaced as it contains numerous breaks, cracks, and a sag which affects flow. At the same meeting, a discussion occurred concerning the siphons on Magnolia Avenue, Brook Avenue, and Lawrence Avenue. Subsequent to the meeting at the direction of the Borough, Neglia Engineering Associates approached the project contractor, Montana

2 WORK SESSION APRIL 10, 2012 PAGE 2 Construction to acquire budgets to address the Magnolia Avenue sewer replacement and three siphons. It was determined that sufficient project budget remained to address the Magnolia Avenue sewer, the manhole the vicinity of Lenox Avenue siphon, and the Lawrence Avenue siphon obstruction. The contractor budget provided was $256, Sufficient budget does not remain to address the Magnolia Avenue siphon. If the Borough chose, this siphon could be addressed through other capital improvement project. In addition to discussing the matter with the contractor, we contacted the NJDEP and NJEIT to review the anticipated project revisions. Steven Betz, Acting Bureau Chief, Municipal Finance Division, NJDEP stated that no issues should exist with these described project revisions. Based upon this discussion, Neglia Engineering Associates will submit a package to the NJDEP illustrating the design changes. Once NJDEP documentation concerning this submission is obtained, we will prepare a formal change order for these revisions unless informed otherwise by the Borough. As previously presented, it was determined that the Borough should proceed with the original submission and easements will still be required for the Spring Valley Road Pump Station. Our office attended a site inspection meeting in February 2012 with the Borough Attorney to review the easements required to begin construction. Once the easements have been acquired and an interlocal connection agreement is finalized with Paramus, the project would be bid. Mr. Polyniak stated there is not enough money remaining in the budget to address the Magnolia Avenue siphon and estimates that project would cost an additional $300, to $400, Council member Savage asked if we would have to acquire the easements prior to entering into the interlocal connection agreement with Paramus, and if so, what would the process be and would appraisals be required. Mr. Polyniak responded yes, the borough has to acquire the easements first and explained Attorney Dario is attempting to schedule meetings with the property owners to begin the negotiation process. Attorney Dario suggested reaching out to McNerney & Assocs. to conduct appraisals and possibly treat those areas as eminent domain and negotiate. Council member Auriemma questioned the work required at the Magnolia Avenue site and when it should be done. Mr. Polyniak responded the site is functioning but there are some flow restrictions and it should be put on the borough s to do list.

3 WORK SESSION APRIL 10, 2012 PAGE 3 2. SOLAR POWER FOR MAYWOOD, US DOE GRANT Scope: This project consists of installation of solar panels and associated electrical equipment on the municipal building. It also entails an educational kiosk related to the solar power generated. Advertise Date: 11/10/2011 Tentative Bid Date: 12/6/2011 Tentative Award Date: 12/15/2011 Tentative Start of Work: 4/02/2012 Projected Completion Date: 7/16/2012 Status: The current federal grant budget sheets based on the USDOE s comments provides $257,500 for the supply and installation of the solar system. Bids were received on December 6, 2011 and the project was awarded to North Electric on December 8, A pre-construction meeting was held on Friday, February 10, Construction activities began on April 03, It is anticipated that roof construction will begin on April 09, 2012 and that the project will be completed by July 16, Mr. Polyniak stated work began on the roof of the municipal building on April 9, 2012 and the project is expected to be completed by July 16, MUNICIPAL POOL MONITORING POINTS Scope: The project consists of monitoring a complaint of the possible settling of the concession stand / bathrooms, and other areas of the site. Status: Monitoring points were previously set and are to be monitored at three month increments. Based upon our initial monitoring session in March 2012, no settling has been detected at the municipal pool. The next monitoring session will occur in early June MUNICIPAL POOL SANITARY SEWER LATERAL Scope: The project consists of monitoring a complaint related to the sanitary sewer lateral at the concession stand / bathroom. Status: On March 16, 2012, Neglia Engineering Associates issued a letter report as it related to the sanitary sewer lateral inspection at the Municipal Pool. The lateral contains a debris plug that was removed, but a twenty foot (approximate) sag existed. To address future clogs / plugs, our office recommended that the DPW flush the lateral prior to, in the middle, and at the close of swim season. In the future, the Borough should consider replacing the lateral and constructing a manhole connection. Council member Auriemma asked if the DPW Superintendent has been advised and if so, have they been instructed on how it has to be done.

4 WORK SESSION APRIL 10, 2012 PAGE 4 Administrator Stern responded he has been notified. Council member Fleischmann recommended obtaining an estimate to replace the twenty feet of pipe where the sag exists. Mayor Padovano agreed and asked that an estimate be obtained; however, in the meantime, make sure the DPW knows what has to be done. 5. BOROUGH HALL MONITORING POINTS Scope: The project consists of monitoring a complaint of the possible settling in and outside of Borough Hall. Status: Per the request of the Borough, Neglia Engineering Associates set monitoring points at Borough Hall. The locations include the police desk, first floor restroom, and front stair. The first monitoring session will occur in early June WEST PLEASANT AVENUE STREETSCAPE INTERSECTIONS Scope: The project consists of analyzing the existing West Pleasant Avenue intersections. The Borough may wish to explore an alternative traffic delineation measure other than the existing planters. Status: Our office had provided a series of design sketches for review and consideration in February We would respectfully request direction from the Borough should it wish to proceed with this project. Administrator Stern stated she has requested names of outside contractors from the engineer for this project in lieu of having the DPW do it. 7. C-2 OPERATOR SERVICES Scope: The project consists of providing services as the Borough s C-2 Operator. Status: On February 15, 2012, Neglia Engineering Associates issued a proposal to the Borough for review and consideration to provide services as the Borough s C-2 Operator. Mr. Polyniak stated whether the borough chooses to hire his firm or go with another firm, he feels it is important for the borough to hire a C-2 Operator to address the operations of the sanitary sewer system.

5 WORK SESSION APRIL 10, 2012 PAGE 5 8. NJDEP MUNICIPAL STORMWATER MANAGEMENT PROGRAM YEAR 2011 ANNUAL REPORT Scope: The project consists of providing services to complete the NJDEPmandated Year 2011 Annual Report for the NJDEP Municipal Stormwater Management Program. Status: Neglia Engineering Associates issued a proposal to the Borough for review and consideration to provide services to aid in the preparation of this Report in February The report must be submitted by May 02, If the Borough does not choose to hire our office to provide these services, we respectfully request that the Borough prepare this report to ensure NJDEP compliance. Mayor Padovano stated the DPW Superintendent has prepared and submitted this report. 9. MAYWOOD PUBLIC LIBRARY ROOF INSPECTION Scope: The project consists of a roof inspection of the Maywood Public Library as it relates to leaks occurring within the library. Status: Per correspondence with the Roberta Stern, Borough Administrator, Neglia Engineering Associates understands that Paino Roofing addressed roof issues which included roof drains cleaning. Should the Borough like our office to pursue this matter further, we would respectfully request copies of the construction documents for the roof. Administrator Stern stated Paino Roofing has inspected the roof and cleaned the clogged roof drains; adding we have had only one significant rain and there were no leaks. She explained Paino Roofing is being responsive and has offered to continue helping us with the situation including infrared testing if necessary. 10. EAST HUNTER AVENUE ROADWAY IMPROVEMENTS Scope: The project consists of preparing an NJDOT Local Aid Infrastructure Grant (Discretionary Aid) grant submission package for improvements for the full length of East Hunter Avenue from Maywood Avenue to Brookdale Street. Status: At the direction of the Mayor and Council, Neglia Engineering Associates prepared and submitted an NJDOT Local Aid Infrastructure Fund (Discretionary Aid) Grant package to the NJDOT on April 04, 2012 for this project.

6 WORK SESSION APRIL 10, 2012 PAGE MAYWOOD AVENUE STREETSCAPE IMPROVEMENTS Scope: The project consists of preparing an NJDOT Local Aid Infrastructure Grant (Discretionary Aid) grant submission package for streetscape improvements for Maywood Avenue from East Hunter Avenue to the Maywood Train Station. Status: At the direction of the Mayor and Council, Neglia Engineering Associates prepared and submitted an NJDOT Local Aid Infrastructure Fund (Discretionary Aid) Grant package to the NJDOT on April 04, 2012 for this project. 12. FUSRAP, MAYWOOD (US ARMY CORP OF ENGINEERS) Scope: The project consists of reviewing a request to construct a new sanitary manhole at the FUSRAP (Stepan Chemical) site. It also consisted of review of sanitary flow discharge data provided by The Shaw Group for the Army Corp of Engineers. Status: The Army Corp of Engineers requested authorization from the Borough of Maywood to construction sanitary sewer improvements (doghouse manhole) at the Stepan Chemical site. Our office issued a ten point condition / action list to be incorporated within any agreement to permit this connection to the Borough Attorney and Borough Administrator on March 26, It included a monitoring program, cleaning program and reporting program as it related to the discharge and work occurring on the site. In addition, Neglia Engineering Associates reviewed the annual discharge volumes for the FUSRAP, Maywood site as provided by William Kollar, The Shaw Group on March 27, The years provided were from 2009 to The information provided for 2012 was only a partial submission. Based upon this submitted information, we provided sewer discharge bill table on April 02, 2012 to the Borough. Prior to issuing the bills to the ACOE for these annual volumes, we respectfully request that the Borough verify that bills in these amounts had not been previously issued to the ACOE. Please understand that we issued this bill table without including fees for BOD and TSS for the timeframes listed within the attachment. Per the aforementioned correspondence from William Kollar, our office understands that the ACOE is compiling this additional information. Once acquired, supplemental invoices / bills for these constituents should be issued by the Borough to the ACOE. These would be in addition to the bill amounts illustrated in this attached table.

7 WORK SESSION APRIL 10, 2012 PAGE 7 Administrator Stern stated the Army Corps supplied the amount of base flow to us and we are submitting a partial bill. Mayor Padovano asked if we knew the amount to be billed. Administrator Stern responded the partial bill amount submitted was in the amount of $89, and stated she was advised by the Army Corps that this money has been set aside. 13. SPRING VALLEY ROAD WEST PASSAIC STREET TO MUNICIPAL BOUNDARY Scope: The project consists of roadway improvements along Spring Valley Road from West Passaic Street to the municipal boundary with Paramus. It is our office s and the Borough s understanding that an NJDOT Municipal Aid Grant in the amount of $146, will be acquired for these improvements. Status: On April 05, 2012, Neglia Engineering Associates, Mayor Padovano, and Roberta Stern, Borough Administrator performed a project site walkthrough. The walkthrough was held to select one continuous roadway section, but not the entire project length. It was determined that the project would begin at West Pleasant Avenue and proceed to the north until grant funds were expended. In addition, the design documents would also include an Alternate Bid to perform roadway improvements along the Memorial Park frontage to potentially be funded by the Borough. This partial project scope is required due to the fact that the anticipated project cost is approximately $407, per our September 13, 2011 Engineer s Estimate which was submitted with the grant package. We will issue a proposal for engineering and construction management services for this project within one week. Mr. Polyniak explained the total anticipated cost for this project is approximately $408,000.00; therefore, it will have to be done in phases. Council member Fleischmann asked if this is a mill and pave project or is more extensive work required. Mr. Polyniak responded the majority of the work will be mill and pave ; however, there are some areas that will have to be cut out and reconstructed. He also explained per DOT grants, any sidewalk ramps in the construction areas are required to be replaced by ADA accessible ramps. There being no further questions for the Borough Engineer, Mayor Padovano closed this portion of the meeting.

8 WORK SESSION APRIL 10, 2012 PAGE 8 Council member Febre made a motion to suspend the regular order of business for the purpose of addressing the introduction of the 2012 Municipal Budget; seconded by Council member Auriemma - All in favor. CFO Cuccia and Borough Auditor Frank Di Maria were present to discuss the 2012 Municipal Budget with the Mayor and Council. CFO Cuccia stated the review process that included the Administrator, Council members and the Citizen s Budget Committee has resulted in the introduction of a budget that reflects the hard work of all who were involved. CFO Cuccia explained the CAP ordinance. Mayor Padovano explained this is the introduction of the budget, and added there is a 1.18% increase from Council member Savage asked when the adoption of the budget is scheduled. CFO Cuccia responded the public hearing is scheduled for May 22, 2012, adding that is the time when the budget could be amended, if necessary. Mayor Padovano thanked CFO Cuccia and Auditor Di Maria for their efforts together with Council President Febre and Council member Savage who served on the budget committee with him. He stated the Citizens Budget Committee was very productive and thanked them for their input and added we are in pretty good shape at this point with a decent budget but will use the time over the next couple weeks to make it even better. Council member Fleischmann asked when individual line item questions could be addressed. Mayor Padovano responded the budget will be addressed at every meeting until the budget is adopted. CFO Cuccia asked that he be contacted prior to the next meeting with any questions so he can bring answers to the meeting. Mayor Padovano opened the meeting to the public for any comments or questions on the introduction of the 2012 Municipal Budget. Hearing none, Mayor Padovano closed this portion of the meeting. Council member Febre moved to go into a regular order of business; seconded by Council member Auriemma All in favor.

9 WORK SESSION APRIL 10, 2012 PAGE 9 PUBLIC HEARING ON PENDING ORDINANCES ADOPTION OF ORDINANCES ORDINANCE # 1-12 AN ORDINANCE AMENDING SECTION 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 struck in its entirety and replaced with the following to be read as follows, with assignment of appropriate numbering: Anti-Nepotism Policy ` The Mayor and Council Members of the Borough of Maywood declare that an anti-nepotism policy should be enacted. This policy is not for the purpose of depriving any citizen of an equal chance for government employment but is solely to eliminate the potential for preferential treatment of relatives of government personnel. Chapter 1: Definitions Family Member or Relative : Family Member or Relative shall refers to: spouse; child; parent; sibling; grandparent; grandchild; father-in-law; mother-in-law; brotherin-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.

10 WORK SESSION APRIL 10, 2012 PAGE 10 Contractors: Contractors shall mean Contractors, Independent Contractors, Sub- Contractors; Vendors, Professionals appointed pursuant to the Fair and Open Process or the Non-Fair and Open Process or person, persons or business working for the Borough whose employment is limited in scope or duration to a specific project with the Borough and subject to either a bid proposal or a solicitation of quotes. (Examples would include but not limited to; road projects; construction projects; projects.) Employment with Contractors shall be considered for the purpose of this Ordinance as employment with the Borough. Elected official: Elected official shall mean persons holding the position of either Mayor or Councilmember of the Borough of Maywood. Supervisor: Supervisor shall mean any employee of the Borough of Maywood having supervisory duties and powers over another employee or employees within the respective Department of the Borough. Temporary and Seasonal Employment: Temporary and Seasonal Employment shall mean employment that is utilized to address short term needs of the Borough. Such employees are not to be considered full-time employees of the Borough. Such employment is temporary in nature to address the needs of the season and/or of specific short term endeavors (less than 6 months). Chapter 2: 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 and part-time 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 and part-time 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.

11 WORK SESSION APRIL 10, 2012 PAGE 11 None of these policies apply to any unpaid volunteer positions or to any temporary or seasonal employee. Chapter 3: 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. Chapter 4: 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 2: Preservation of Records 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 3: Severability 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 4: Repealer All prior Ordinances inconsistent with the provision of this Ordinance are hereby repealed as to such inconsistency. Section 5: Effective Date This Ordinance shall take effect upon passage and publication according to law. ORDINANCE # 4-12 AN ORDINANCE AMENDING CHAPTER 52 OF THE CODE OF THE BOROUGH OF MAYWOOD IN SECTION RESPECTING THE AMERICANS WITH DISABILITY ACT POLICY; SECTION RESPECTING SYSTEMS PRIVACY AND IN SECTION RESPECTING PERSONNEL FILES ACCESS WHEREAS, there is a need to amend the Personnel Policies for the employee s of the Borough of Maywood so as to be compliant with the 2012 Loss Control Plan for the Employment Practices Liability/Public Officials Liability (EPL/POL) Coverage plan provided by the Municipal Excess Liability Joint Insurance Fund (MEL) and the Joint Insurance Fund (JIF); and

12 WORK SESSION APRIL 10, 2012 PAGE 12 WHEREAS, the 2012 plan requires adding language concerning the Americans with Disabilities Act; and WHEREAS, the 2012 plan requires adding language concerning the privacy of employees utilizing municipal electronic systems (included , Voice Mail, Computer and Internet Usage Policy); and WHEREAS, the Mayor and Council wish to make said amendments and changes. 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 adjust and to amend the Personnel Policies for the employee s of the Borough of Maywood to reflect the following: SECTION respecting the American with Disabilities Act Policy will be amended as follows: A. The Americans with Disability Act Policy section shall now contain the preamble In compliance with the Americans with Disabilities Act, the ADA Amendments Act and the New Jersey Law Against Discrimination, the Borough does not discriminate based on disability. The Borough will endeavor to make every work environment handicap assessable and all future construction and renovation of facilities will be in accordance with applicable barrier-free Federal and State regulations and the Americans with Disabilities Act Accessibility Guidelines, as well as the ADA Amendments Act. It is the policy of the Borough to comply with all relevant and applicable provisions of the Americans with Disabilities Act, the ADA Amendments Act and the New Jersey Law Against Discrimination. We will not discriminate against any employee or job applicant with respect to any terms, conditions, or privileges of employment on the basis of a known or perceived disability. We will also make reasonable accommodations to known physical or mental limitations of all employees and applicants with disabilities, provided that the individual is otherwise qualified to safely perform the essential functions of the job and also provided that the accommodation does not impose undue hardship on the Borough. The Borough Administrator and/or Borough Clerk shall engage in an interactive dialogue with disabled employees and prospective employees to identify reasonable accommodations. All decisions with regard to reasonable accommodation shall be made by the Borough

13 WORK SESSION APRIL 10, 2012 PAGE 13 Administrator and/or Borough Clerk. Employees who are assigned to a new position as a reasonable accommodation will receive the salary for their new position. The Americans with Disabilities Act does not require the Borough to offer permanent light duty, relocate essential job functions, or provide personal use items such as eyeglasses, hearing aids, wheelchairs, etc. Employees should also offer assistance, to the extent possible, to any member of the public who requests or needs an accommodation when visiting Borough facilities. Any questions concerning proper assistance should be directed to the Borough Administrator and/or Borough Clerk. B will be replaced in its entirety with a new section entitled SYSTEMS PRIVACY* (included , Voice Mail, Computer and Internet Usage Policy): shall be added with appropriate numbering. Said section shall contain the language SYSTEMS PRIVACY (included , Voice Mail, Computer and Internet Usage Policy): The Borough respects the individual privacy of its employees. However, , voic , Internet, township issued cellular devices and computer network are for official business, and use for non-business purposes is prohibited. All , voic and Internet message are public records subject to possible disclosure to the public pursuant to the provisions of the Open Public Records Act. a. Management s Right to Access Information , voic and computer network systems have been installed by the Borough to facilitate business communications. The contents of the systems are accessible at all times by the Borough. These systems should be treated like other shared filing systems. and voic messages, to the extent these systems are utilized, are the Borough s records. The Borough reserves the right to monitor, obtain, review and disclose all messages, computer files, voic and Internet messages on the computer and communications systems of the Borough as deemed necessary and appropriate and without prior notice. By using the Borough s , computer systems, voic and the Internet, each user agrees that the Borough has unrestricted access and the right to disclose all information communicated or stored on the computer systems, voic and the Internet. b. Care in Use of , Voic , Internet and Computer Network Systems Employees must exercise a greater degree of caution in transmitting the Borough s confidential information on the , voic , Internet and computer network

14 WORK SESSION APRIL 10, 2012 PAGE 14 systems than they take with other means of communicating information, because of the ease with which such information can be redistributed and the public access to such information through the Open Public Records Act. Please make sure that all addressees are appropriate recipients of the information to be distributed, via , voic , Internet, text message or other electronic forms of communication, especially when distributing information to a list of recipients. Except in emergency situations or as part of their officially assigned or regular or permitted duties, employees are prohibited from taking any photographs, pictures, digital images or audio recordings of any crime scenes, traffic crashes, arrests, detainees, people or job related incident or occurrence with any personal analog or digital device, camera, imaging device, audio recorder or cellular telephone. This section also applies in off duty scenarios regarding any law enforcement related activities. Any photographs, images or recordings taken with any personal device pursuant to or in violation of this section are considered evidence and are subject to applicable laws, code guideline or directive concerning storage release and disposal. Employees who have recorded any photographs, images or recordings with any personal device shall notify their supervisors as soon as practical. For the purposes of this section, an emergency situation involves a sudden and unforeseen combination of circumstances or the resulting state that calls for immediate action, assistance or relief, and may include accidents, crimes and flights from accidents or crimes. Employees are prohibited from releasing or disclosing any photographs, pictures, digital images of any crime scenes, traffic crashes, arrestees, detainees, people or job related incident or occurrence taken with a personal or agency analog or digital device, camera or cellular phone to any person, entity, business or media or Internet outlet whether on or off duty without the express written permission of the Mayor. c. Personal Use of , Voic , Internet and Computer Network Systems Because the Borough provides , voic , Internet, cell phones, and computer network systems to assist employees in performing their jobs, employees should use them for official business. The Borough reserves the right to access and disclose as necessary all messages sent over its systems, without regard to content. Since the contents of and voic may be accessed by the Borough without prior notice to employees, and since the Borough can monitor employees use of its computer network systems, employees should not use any of the systems to transmit any messages they would not want to disclose to a third party. Employees that maintain personal web pages and web sites, including but not limited to Facebook, YouTube, Myspace, Twitter, etc., shall not post information on such sites that would constitute a violation of the personnel policies of the Borough if expressed or published using any other medium or in any other manner. The posting of words, phrases, photographs, images or any kind of information on a personal web site may

15 WORK SESSION APRIL 10, 2012 PAGE 15 be grounds for the imposition of disciplinary action against the employee of the words, phrases, photographs, images or information adversely reflects on the employee s fitness for duty or constitutes a violation of the personnel policies of the Borough. Moreover, employees should not use these systems for soliciting or proselytizing others for commercial ventures, religious or personal causes, outside organizations or other similar, non-job-related solicitations. d. Forbidden Content of , Voic , Internet and Computer Network Systems Communications Employees may not use the , voic , Internet computer network systems, or Township Issued Cell Phone or any other township issued electronic device in any way that may be seen as insulting, defamatory, obscene, harassing, disruptive, or offensive by other persons or as harmful to morale. Examples of forbidden transmissions or downloads include sexually-explicit messages; unwelcome propositions; ethnic or racial slurs; or any other message that can be construed to be harassment or disparaging to others based on their actual or perceived sex, sexual orientation, gender, gender identity, transgender, race color, national origin, citizenship status, ancestry, age, marital status, medical condition, mental or physical disability, veteran status, religious or political beliefs, or any other characteristic protected by federal, state, or local law, ordinance or regulation. Violations of the Borough policy of the use of , voic , Internet, complete network systems and Township Issued Cell Phone or any other township issued electronic device will subject the employee to discipline, up to and including immediate termination. e. Unauthorized Access Employees are prohibited from the unauthorized use of the password(s) of other employees to gain access to another employee s messages in the , voic , Internet or computer network systems including but not limited to all secured access software that employees may have access to. SECTION respecting personnel files access to have the language add as follows: Access to Personnel Files Policy: The official personnel file for each employee shall be maintained by the Borough Administrator and/or Borough Clerk. Personnel files are confidential records that must be secured in a locked cabinet and will only be available to authorized managerial and supervisory personnel on a need-to-know basis. Records relating to any medical condition will be maintained in a separate file. Electronic personnel and medical records must be protected from unauthorized access.

16 WORK SESSION APRIL 10, 2012 PAGE 16 Upon request, employees may inspect their own personnel files at a mutually agreeable time on the Borough premises in the presence of the Borough Administrator and/or Borough Clerk or a designated supervisor. The employee will be entitled to see any records used to determine his or her qualification for employment, promotion or wage increases and any records used for disciplinary purposes. Employees may not remove any papers from the file. Employees will be allowed to have a copy of any document they have signed relating to their obtaining employment. Employees may add to the file their versions of any disputed item. Personnel files do not contain confidential employee medical information. Any such information that the Borough may obtain will be maintained in separate files and treated at all times as confidential information. Any such medical information may be disclosed under very limited circumstances in accordance with any applicable legal requirements. The Borough endeavors to maintain the privacy of personnel records. There are limited circumstances in which the Borough will release information contained in personnel or medical records to persons outside the Borough. These circumstances include: In response to a valid subpoena, court order or order of an authorized administrative agency; To an authorized governmental agency as part of an investigation of the Borough s compliance with applicable law; To the Borough s agents and attorneys, when necessary; In a lawsuit, administrative proceeding, grievance or arbitration in which the employee and the Borough are parties; In a Workers Compensation proceeding; To administer benefit plans; To an authorized health care provider; To first aid or safety personnel, when necessary; and To a potential future employer or other person requesting a verification of your employment as described in the following section titled, Requests for Employment Verification and Reference Procedure. Mayor Padovano opened the meeting to the public for any comments or questions relative to the foregoing ordinances. Hearing none, Mayor Padovano closed this portion of the meeting. Council member Savage moved for adoption, seconded by Council member Auriemma.

17 WORK SESSION APRIL 10, 2012 PAGE 17 Council member Fleischmann questioned Ordinance #4-12 respecting privacy of personnel records and the definition of borough agent. Attorney Dario responded this language was generated by our risk manager and explained this would be any person with the ability to act on behalf of the borough such as the Mayor and Council or Administrator. Roll call vote was taken and was so carried by unanimous roll call vote. BE IT RESOLVED by the Mayor and Council of the Borough of Maywood that Ordinances #1-12 and # 4-12 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. CORRESPONDENCE AND REPORT OF BOROUGH CLERK Borough Clerk Pelligra reported on the following: 1. She stated there was an addition to the agenda of Resolution #68-12 authorizing the appointment of Donna DeGregorio as Registrar. 2. She stated invitations from Maywood Avenue School for the Fifth Grade Youth Leadership Commencement and the 200 Club, together with a thank you note from Karen O Connell were distributed to council file boxes. REPORT OF ADMINISTRATOR Administrator Stern reported on the following: 1. She reported Whole Foods in conjunction with our Recycling Committee will be establishing a Maywood/Whole Foods Farmers Market which is scheduled for June, and added she and Arlene Formisano will be meeting with their representatives tomorrow. She stated this will be good for the borough and will help towards our Sustainable New Jersey efforts. Mayor Padovano confirmed this will only take place on the Maywood side of the parking lot at Bergen Town Center. Administrator Stern responded yes. 2. She stated the staff on the third floor has been reduced by both a retirement and an employee who has left to become a nurse and neither of these employees will be replaced. She explained a part time employee will be hired in the next couple of weeks as a floater who will fill in between departments where necessary. She stated she is planning to have the finance office close at lunch time, adding, we need to rearrange hours that will both serve the public but reduce the strain on our reduced staff. She stated she is also looking into reducing the hours of the building department for the same reason and will advise further as

18 WORK SESSION APRIL 10, 2012 PAGE 18 soon as she makes the appropriate adjustments. She reported all changes will be noted on the borough web site and in the Our Town newspaper. 3. She stated the solar panel project has begun and they are currently working on the roof. She explained all employees have been notified of the possibility of noxious odor as a result of the glue that is being used and have been asked to notify her if there is a problem. 4. She spoke regarding the e-ticketing program and stated she and Sergeant Korn will be meeting with representatives of the company next week. Mayor Padovano asked Administrator Stern to speak about the construction of the kiosk in the lobby of the municipal building. Administrator Stern explained part of the solar panel project with the DOT required a kiosk be established in the lobby to monitor the borough s existing energy usage versus what the solar panels will be supplying. REPORT OF ATTORNEY Attorney Dario stated he has no report at this time. COMMITTEE REPORTS Council member Savage reported on the following: 1. He stated a hearing on the budget and tax resolution will be held at borough hall on May 22, 2012, at 8:15 pm at which time and place objections to said budget and tax resolution for the year 2012 may be presented by taxpayers and other interested persons. He thanked the Citizens Budget Committee and everyone who participated in the process up to this point. Council member Fleischmann reported on the following: 1. He stated a swim pool commission meeting is coming up next month and requested staff appointments be added to the next meeting agenda. Administrator Stern stated she met with Ralph Manno today regarding the pool budget and staffing requirements and gave him approval to contact the people to be hired, barring any unforeseen conditions. 2. He spoke regarding the Landscape Contractor s licenses and the recent advisory received from the DEP regarding pesticide licensing and asked if we ascertain if the landscaper has a pesticide license on our application. Administrator Stern responded as soon as this advisory was received from the DEP, this requirement was added to our application; however, we will have to contact those contractors who already completed their license application.

19 WORK SESSION APRIL 10, 2012 PAGE 19 Mayor Padovano stated going forward for next year we should think about adjusting the fee associated with landscapers to determine if the amount being charged is the right amount, adding the fee is obviously passed on to our residents and perhaps it should be lowered. Administrator Stern responded she would recommend lowering the fee based on information she has received from other towns and explained we will make all necessary updates to our fee ordinance at the same time. Council member Auriemma reported on the following: 1. She reported the following from the DPW: She has asked the DPW Superintendent to supply the Administrator and herself with either a weekly or monthly work plan of what needs to be done and what actually was accomplished and why or why not it was not completed. The DPW Superintendent advised the ball fields are ready for Opening Day. The DPW performed maintenance at the building located in Memorial Park used as a snack bar by the MYAA. The DPW will be painting the swim pool locker rooms and power washing the pool. The DPW has painted the tax office and Diane Morrell s office in the police department and will be painting the main lobby of borough hall. 2. She attended the Recycling Committee yesterday and reported the following: The Girl Scouts will be involved in a plastic recycling project. The MYAA wants to clean out their field house and recycle equipment they no longer need by donating it to residents in town or to an organization that helps kids in need of equipment. At 2:00 pm on April 19, 2012 at Maywood Avenue School a recycling event will be held in conjunction with Nike to reuse sneakers. Whole Foods will host a crafts for kids table at the April street fair in conjunction with the Recycling Committee. A shredding event is scheduled for Saturday, May 19, 2012 from 9:00 am to 1:00 pm, adding the location has been moved to the borough hall parking lot to accommodate the Rotary 5K Run. Council member Auriemma asked if a decision has been made regarding the concession stand at the swim pool. Council member Fleischmann responded it will be discussed at Monday s swim pool meeting, and added the consensus of the Administrator and swim pool management is to keep it as is for now but simplify the menu and hours of operation. Administrator Stern responded she has asked the swim pool manager, Ralph Manno, to get in touch with the person who managed the concession stand and is waiting to hear from him.

20 WORK SESSION APRIL 10, 2012 PAGE 20 Council member Meglio reported on the following: 1. He stated tomorrow, April 11, 2012 at 7:00 pm, the first organizational meeting for Day in the Park will be held and anyone who is interested is welcome to attend. 2. He thanked his fellow council members and residents who worked together on the dog park. Council President Febre reported on the following: 1. He reported from the Fire Board meeting: Deputy Chief Neumann advised Truck 17 is still out of service and he is unable to obtain a progress report and suggested the Borough Attorney become involved. The generator at Peerless Firehouse was discussed and per Administrator Stern it was installed using parts that were no longer up to code, adding to have it properly installed will cost approximately $3, Administrator Stern gave a brief history regarding the generator and installation requirements she was given. 2. He stated he provided Attorney Dario with copies of the revised by-laws for the Fire Police and asked if he had reviewed them. Attorney Dario responded in the previous version submitted the clothing allowance was changed to $ per member which was deemed excessive and explained the revised by-laws states the amount will be as set by the council which is currently $ He explained this was the main revision; therefore, they are fine at this point. Council President Febre asked if the council could move on the by-laws on tonight s agenda. Mayor Padovano responded council members have not had an opportunity to review the by-laws. Council member Fleischmann asked for clarification regarding the dollar amount of the clothing allowance. Attorney Dario responded it will remain the same. Mayor Padovano explained the by-laws state the amount is up to the Mayor and Council. Council member Fleischmann suggested the council clarify the clothing allowances of all emergency services in the borough ordinance. 3. He thanked everyone involved with the budget committee.

21 WORK SESSION APRIL 10, 2012 PAGE He reported we are in the process of having the borough web site redesigned and updated. He stated the Multi-media Committee met for the first time yesterday and offered valuable input. 5. He stated the Borough of Maywood is now on you tube at no cost to the borough. He explained if you key in Borough of Maywood you will access the account, adding if you become a subscriber, you will be notified when the next meeting is available for viewing. REPORT OF MAYOR Mayor Padovano reported on the following: 1. He stated the Library is hosting an open house this Sunday from 2:00 4:00 pm in honor of National Library Week. 2. He reported the Green Team met and are zeroing in on their Community Garden. He stated he met with John s Landscaping who will be donating some sketches to provide to Home Depot. He stated the garden will be located by the portion of Edel Avenue by Memorial School. 3. He reported we hope to make a recommendation to the council for the borough web site at next week s meeting. 4. He stated the street fair is scheduled for Sunday, April 22, 2012 on West Pleasant Avenue and the consensus of the council is to request reimbursement from the Chamber of Commerce for expenses that include police and DPW overtime, clean-up and dumpster fees. Administrator Stern asked Mayor Padovano if the council wished to take a vote on the cancellation of the August street fair date. Mayor Padovano responded we will add this to the Action List for discussion. Mayor Padovano thanked the members of the Citizens Budget Committee again and stated we will continue to work on it over the next few weeks. Mayor Padovano reported it has come to his attention one of the towing companies authorized at the last public meeting may not be in compliance with the borough ordinance and he will instruct the police department to investigate and revoke their license if they are in violation of the ordinance. Mayor Padovano reviewed the Action List with the council: 1. Day in the Park Mayor Padovano stated it will be held on Sunday, July 1, 2012, adding the fireworks are scheduled for Friday night, June 29, Fee Ordinance Mayor Padovano stated everyone has received a copy of the proposed changes and asked that any further recommendations for revisions be submitted. 3. Fees for Use of Ball Fields Mayor Padovano questioned if the borough wishes to charge outside organizations for use of the ball fields.

22 WORK SESSION APRIL 10, 2012 PAGE 22 Administrator Stern responded she has done some fishing on this issue and has found other towns do charge; however, there are many stipulations such as a different fee for daytime or evening use. She explained the County of Bergen charges for use of county fields. Council member Auriemma questioned the use of the basketball courts. A discussion ensued amongst the council. Mayor Padovano stated we will have to address this when we amend the fee ordinance. Council member Fleischmann stated there are a lot of issues to consider such as what the criteria is, what is the purpose of the fee and who will it apply to. Administrator Stern stated it must apply to everyone who is not directly associated with a borough recreation program; however, it is up to this council to establish the criteria. 4. 5K Run MAS - Borough Clerk Pelligra explained we have not received a revised letter of request yet; however, the young man met with Chief Pegg and it is her understanding they will be running the same route as Rotary 5K. 5. BCUA I & I Agreement - Attorney Dario spoke with the attorney from the BCUA and explained the borough is required to agree to the BCUA s contract in order to participate in the program, adding the prior council had requested a rider to the contract. Council member Fleischmann questioned some of the contract items that were not clear during the BCUA s presentation last year. Administrator Stern responded she questioned work to private property and stated it is all voluntary. Mayor Padovano responded he believes it would be a good idea for the BCUA to come back. Attorney Dario stated he will reach out to have them come back. Council President Febre stated this is a voluntary program that would be beneficial to our residents, adding he would appreciate the BCUA coming back. 6. Commuter Parking Ordinance Revision Administrator Stern explained we are working on revisions at the recommendation of Chief Pegg regarding the streets that do not apply and should be removed from the ordinance. She also explained per Officer Wuhrl there are a number of fifteen minute parking spaces that are not in coordination with the ordinance. Council member Auriemma suggested the hours be 7:00 am to 9:00 am instead of 7:00 am 8:00 am, adding it must be enforced by the police. 7. Recycling Mayor Padovano stated we have received a proposal from the City of Hackensack to take over the collection of recyclables which offers significant savings to the borough. He stated this is a good shared service and hopes to have a resolution for approval on the next meeting agenda.