Council Meeting- 1 -December 11, 2012

MINUTES OF REGULAR MEETING HELD DECEMBER 11, 2012

Pursuant to rules of Council of the Town of Westfield, the members thereof convened in regular session Tuesday evening, December 11, 2012 at 8:00 p.m.

Mayor Skibitsky made the following announcements:

“Prior to convening in regular session, there was an agenda session which was open to public and advertised.”

“The adequate notice of this meeting as required by the Open Public Meetings Act, was provided by the posting, mailing and filing of the annual notice of regularly scheduled meetings of the Town Council on December 29, 2011. The notice was, on that date, posted on the bulletin board in the Municipal Building, mailed to THE WESTFIELD LEADER, AND THE STAR LEDGER, and filed with the Clerk of the Town of Westfield.”

PRESENT:Mayor Skibitsky, Council Members Arena, Neylan, Haas, Foerst,

Della Fera, Kimmins, LoGrippo, Loughlin

ABSENT:

Invocation was given by Councilwoman Kimmins

PRESENTATIONS

APPOINTMENT

ADVERTISED HEARINGS

The Council proceeded to the hearing entitled, “GENERAL ORDINANCE NO. 1996 – AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF WESTFIELD, CHAPTER 20.”

Advertised returnable this evening

Kenneth McRitchie of 515 Trinity Place said that condo is a form of ownership and not a classification designation and should be in the same category as apartments for the sewer fee. He would like the Council to consider a change for 2014.

Councilman Haas stated that he would like to have the Sewer Fee based on a consumption model which would solve the problem Mr. McRitchie mentioned but was happy that the sewer fee ordinance was for 2013 and enabled the Town to reexamine it again before 2014.

Mayor Skibitsky declared the hearing closed.

The Council then proceeded to the hearing entitled, COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEAR XXXIX APPLICATION FOR FUNDING:

Westfield Area Y

“ADA-compliant restrooms 2nd and 3rd floors Main Y Facility”

$50,000

Pamela Orbach of 715 Embree Crescent questioned why the Town is paying for the Community Development Block Grant for the Westfield “Y”. The Town Administrator explained the process of the grant and said the Town was required to conduct the hearing but that the money does not come from Town taxes for these kind of projects.

Mayor Skibitsky declared the hearing closed.

PENDING BUSINESS

An ordinance entitled, “GENERAL ORDINANCE NO. 1996 – AN ORDINANCE TO AMEND THE CODE OF THE TOWN OF WESTFIELD, CHAPTER 20.” introduced by Councilman Della Fera, seconded by Councilman LoGrippo, was taken up, read and passed by the following vote of all present upon roll call as follows:

Yeas:ArenaNays:Absent:

Neylan

Haas

Foerst

Della Fera

Kimmins

LoGrippo

Loughlin

Mayor Skibitsky

BIDS

TOWN OF WESTFIELD

INVITATION TO BID

TUESDAY, DECEMBER 11, 2012

PURCHASE AND DELIVERY OF LARGE DIAMETER SUPPLY HOSE

The bids as follows were received, read and referred to the Chief of the Fire Department:

BidderAmount of Bid

New Jersey Fire Equipment Company / $34,328.75
119-130 Rt. 22 East
Green Brook, NJ 08812

MINUTES

On a motion by Councilman Loughlin, seconded by Councilman Della Fera, Council approved the Minutes of the Town Council Meeting held November 27, 2012 with Council Members Arena, Neylan, Kimmins abstaining.

On a motion by Councilwoman Kimmins, seconded by Councilman LoGrippo, Council approved the Minutes of the Conference Session held November 20, 2012 with Councilman Loughlin abstaining.

PETITIONS AND COMMUNICATIONS

OPEN DISCUSSION BY CITIZENS

Kenneth McRitchie of 515 Trinity Place requested a memorial street sign on the corner of Stanley Oval for George J. Morgan Jr. who was missing in action in the Solomon Islands in August of 1942 for six months and he believed that Mr. Morgan was the first Westfield resident missing in action in World War II.

Pamela Orbach of 715 Embree Cresent spoke on what she perceives as a lack of leadership at the Department of Public Works Department. She said the workers are not acting rationally and need more guidance. She said the leaves were not cleared around Franklin School before other areas. She asked about a policy for managing snow. She asked for parking on one side of the streets when it snowed. She spoke also on pedestrian and driver safety and gave a suggestion that the Town use social media to educate people and focus on one particular violation at a time and give warnings at first and then give violation. She then said that in her opinion the Town had too many crossing guards. She said there are too many signs around town for State driving laws.

BILLS AND CLAIMS

Introduced by Councilman Della Fera, seconded by Councilman Haas and adopted with Councilman Loughlin abstaining on line item for Loughlin Law Firm.

RESOLVED that the bills and claims in the amount of $519,128.38 per the list submitted to the members of this Council by the Chief Financial Officer, and approved for payment by the Town Administrator be, and the same are hereby, approved and that payroll warrants previously issued by the Chief Financial Officer be ratified.

REPORTS OF STANDING COMMITTEES:

Finance Policy Committee

The following resolutions, introduced by Councilman Della Fera, Chairman of the Finance Policy Committee, seconded by Councilwoman Neylan were adopted.

(330)RESOLVED that the Chief Financial Officer be authorized to draw a warrant in the amount of $2.40 to the order of New Jersey Department of Health, P.O. Box 369, Trenton, New Jersey for Dog Licenses issued by the Town Clerk for the month of November 2012.

(331)WHEREAS, N.J.S.A. 40A:4-87 (Chapter 159, P.L., 1948) provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget or any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget, and

WHEREAS,the Director may also approve the insertion of any item of appropriation for equal amount;

NOW, THEREFORE, BE IT RESOLVEDthat the Town of Westfield hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2012 in the sum of $5,140.98, which is now available from the State of New Jersey, Body Armor Fund, and

BE IT FURTHER RESOLVEDthat the like sum be, and the same is hereby appropriated under the following caption:

General Appropriations

Body Armor Fund $5,140.98

BE IT FURTHER RESOLVEDthat one copy of this resolution be forwarded to the Division of Local Government Services by the Town Clerk.

(332)RESOLVED that the Chief Financial Officer be authorized to draw warrants in the amount of $1.00 to the following named Mayor and Council of the Town of Westfield in payment of annual salary in full for the year 2012 to wit:

Honorable Andrew Skibitsky

Councilwoman Joann Neylan

Councilwoman Vicki Kimmins

Councilman James Foerst

Councilman Frank Arena

Councilman Sam Della Fera

Councilman David Haas

Councilman Keith Loughlin

Councilman Mark LoGrippo

(333) RESOLVED that the Chief Financial Officer be and she hereby is authorized to draw warrants to the following persons, this amount being overpaid for 2012:

BLOCK AND LOT

NAME AND ADDRESSPROPERTYAMOUNT

503/14940 Highland Avenue$6,320.12

FILIBERTO, Jeffrey & Meredith

PLEASE GIVE THIS CHECK TO THE TAX COLLECTOR

4002/10.02211 Livingston Street$4,658.81

GIRNIUS, Wesley & Melissa

4901/18255 Twin Oaks Terrace$4,466.90

MIRSKY, Michael & BUSCH, Erica

5705/2339 Virginia Street$ 208.10

DINGELSTEDT, Mark T. & Valerie

4 Virginia Street

Cranford, NJ 07016

(334)WHEREAS, there exist on the records in the Tax Collector’s office tax balances for the year 2012:

NOW, THEREFORE, BE IT RESOLVED that the Tax Collector be and she hereby is authorized to cancel the tax balances below for the year 2012:

Block/LotAmount

201/48$2.04

403/4$ .85

404/1$ .82

706/2$1.00

1305/4$ .66

1409/5$ .60

2003/27$ .70

2202/1$ .75

2207/31$ .80

2404/37$ .95

2505/32/c0011$ .70

2707/11$ .74

2809/13$ .50

2905/16$ .50

2908/5$ .50

3002/15$ .88

3101/4$ .56

3114/12$ .52

3505/8$1.00

3601/27.01$ .55

4106/12$ .45

4301/67$ .89

4813/28$1.03

4901/38$4.00

4904/3$3.00

4910/6.01$3.93

5015/7.01$3.56

5402/42$2.00

(335)WHEREAS, the Westfield Recreation Department’s annual NYC Night Light Tour offered through Progressive Tours and Pocono Transit for participants is scheduled for the following date:

TuesdayDecember 11, 2012 and,

WHEREAS, payment for each tour date to Pocono Progressive Tours is required the date of the tour;

NOW, THEREFORE, BE IT RESOLVED, that the Chief Financial Officer is hereby authorized to prepare warrants for participant payment to Pocono Progressive Tours located at 46 South 20th Street in Irvington, NJ 07111 in an amount not to exceed: $2,000.00 for Tuesday,December 11, 2012 charged to the Recreation Department’s T05-600-071 Trust Account.

(336)WHEREAS, there exist on the records in the Tax Collector’s office sewer fee balances for the year 2012:

NOW, THEREFORE, BE IT RESOLVED that the Tax Collector be and she hereby is authorized to reduce the sewer fee balances below for the year 2012 due to the taxpayer is receiving a senior citizen, disabled, or surviving spouse deduction in accordance with N.J.S.A.54:4-8.40:

Utility acct numberAmount

2221-0$25.00 senior citizen

2412-0$25.00 senior citizen

5139-0$25.00 senior citizen

6005-0$25.00 disabled

6431-0$25.00 surviving spouse

7321-0$25.00 senior citizen

9485-0$25.00 senior citizen

(337)WHEREAS, a need exists in the Police Department for the purchase of (3) 2012 Ford Police Intercepters Utility AWD vehicles as provided in the 2012 Operating Budget, 130-251, and;

WHEREAS, the contract to purchase these is to be awarded to Beyer Warnock, and;

WHEREAS, these vehicles will be sufficient to meet the needs of the Police Department,

WHEREAS, the New Jersey State Public Contract Law 40A:11-3 states that when accepting an item under Cranford Co-Op Contract 101, Items #2, a resolution must be adopted by the Governing Body, and

WHEREAS, the Town Treasurer certified to the availability of adequate funds for payment, which will be in the amount of $75,330.00 charged to 2012 Police Operating 130-251 prepared in accordance with N.J.A.C. 5:30 1.10.

NOW, THEREFORE BE IT RESOLVED that the Town of Westfield will purchase 2012 Ford Police Interceptor Utility AWD Vehicles,

BE IT FURTHER RESOLVED, that the proper Town Officials be, and they are hereby authorized to take whatever actions are appropriate in the execution and discharge of this Contract.

Beyer Warnock

31 Williams Parkway
East Hanover, NJ 07936

3 @$25,110.00

Total:$75,330.00

(338)WHEREAS, the Town of Westfield has resolved to join both the Suburban Joint Insurance Fund and the Municipal Excess Liability Joint Insurance Fund, following a detailed analysis; and

WHEREAS, the Bylaws of said Funds require that each Municipality appoint a Risk Management Consultant to perform various professional services as detailed in the Bylaws; and

WHEREAS, the Bylaws indicate that the commission rate for said Risk Management Consultant shall not exceed six percent (6%) of the Member’s Annual Assessment; and

WHEREAS,the Requests for Qualifications/Proposals for Risk Management Consultant were advertised pursuant to General Ordinance 1753 of the Town of Westfield to be returnable on Wednesday, November 28, 2012; and

WHEREAS, one Request for Qualifications/Proposals were received on

November 28, 2012; and

WHEREAS, Amalgamated General Agencies proposes to perform the services outlined for two and one half per cent (2.5%) of the Member's Annual Assessment; and

WHEREAS, this expenditure represents reasonable compensation for the services required; and

WHEREAS, engagement of Risk Managers for fees representing less than 6% requires approval of the Suburban Joint Insurance Fund Commission; and

WHEREAS, the Town of Westfield has decided to award this contract to Amalgamated General Agencies following a fair and open process in accordance with N.J.S.A. 19:44A-20.5.

NOW, THEREFORE, BE IT RESOLVED that the Town of Westfield does hereby appoint Amalgamated General Agencies (AGA) 115 Grove Street East, PO Box 2670, Westfield, NJ 07090-2670 as its Risk Management Consultant for the year 2013 in accordance with the Fund’s Bylaws; and

BE IT FURTHER RESOLVED that the Town of Westfield hereby submits this resolution to the Fund Commission for approval,

BE IT FURTHER RESOLVED that the Mayor and Town Clerk are hereby authorized and directed to execute the Risk Management Consultant’s Agreement and to cause a notice of this decision to be published in the Westfield Leader pursuant to N.J.S.A. 40A:11-5(1)(a)(i).

(339)RESOLVED THAT THE CHIEF Financial officer be and hereby is directed to draw warrants in favor of the active Volunteer Firefighters named below, none of whom is otherwise personally compensated for their services as Volunteer Firefighters for the respective amounts opposite their names: said payments to cover any losses they and each of them may have incurred in attending upon putting out fires in the Town of Westfield in the year 2012

William L. Billson$17.00

Matthew Daly$17.00

Vincent J. Fiorino$264.00

Jason R. Garcia$400.00

Carlos G. Gomez$17.00

Daniel Kelly$400.00

Neil J. Owens$314.00

Gregory Ryan$26.00

Daniel M. Tammaro$170.00

Marion Zuena $26.00

Valerio Zuena$221.00

(340)RESOLVED that the payroll consisting of the following regularly salaried employees of the Town of Westfield be adopted effective January 1, 2013 and that the Chief Financial Officer be authorized to draw warrants to their order, biweekly, as their names appear on the departmental payrolls, and that the Mayor and the Town Clerk be, and they are hereby, authorized to sign a warrant in compliance thereto for the amount of the payroll biweekly:

Office/ NameTitle2013 Salary

Town Clerk’s Office

Tracy FoosterGeneral Office Clerk$ 39,754

Regional Board of Health

Cheryl JamesSecretary (Board of Health)$ 49,153

Tanya MoonSr. Reg. Envir. Health Specialist$ 73,320

Helen MendezSr. Reg. Envir. Health Specialist$ 73,320

Loray KozarReg. Envir. Health Specialist$ 69,843

Finance Office

Mary PoonCost Analysis Clerk$ 44,323

Construction/Building Division

Viviane GuyBuilding Code Processor$ 43,701

Recreation Office

Tracy KastnerRecreation Program Coordinator$ 54,915

Joanne ColanariSecretary (Recreation)$ 46,495

Pool Utility

Paul ChecchioPool Maintenance Technician$ 62.149

Police Department

Vanita ClaibornePolice Clerk$ 46,729

Kim SakrDispatcher$ 47,892

Maria AlmeidaDispatcher$ 33,923

Dominick SandelliDispatcher$ 33,923

David KoslowskiDispatcher$ 33,923

Amber FontanellaDispatcher$ 33,923

Engineering Division

Virginia Loveland Cost Analysis Clerk$ 48,867

Kathleen NemethSecretary (Engineering)$ 39,754

Board of Adjustment$ 3,450

Planning Board$ 3,450

Municipal Court

Ann MargetoesDeputy Court Administrator$ 53,413

Barbara Sheldon General Office Clerk$ 39,754

Mary HeeneyGeneral Office Clerk$ 36,071

Maureen GabrielGeneral Office Clerk$ 36,071

Fran PelosiGeneral Office Clerk$ 36,071

Parking Administration

Jonathan Pierce Jr.Traffic/Parking Enforcement$ 46,495

Helen Cicalese Traffic/Parking Enforcement$ 39,510

Robert DennyTraffic/Parking Enforcement$ 33,923

Aaron DohertyTraffic/Parking Enforcement$ 33,923

Regina PowellGeneral Office Clerk$ 33,614

(341)RESOLVED that the following stated rates of pay for employees of the Department of Public Works, and the Engineering and Construction Official’s office represented by Local 469 of the International Brotherhood of Teamsters for collective bargaining purposes be adopted effective January 1, 2013, and that the Chief Financial Officer be authorized to make payment to, and draw warrants bi-weekly in accordance with the following schedule:

NameStepHourly Rate

W. Moore, Sr.1$31.84

A. Brown1$31.84

D. Gary1$31.84

W. Moore, Jr.1$31.84

J. Giordano1$31.84

B. Sanders1$31.84

T. McCaskill1$31.84

D. Clark1$31.84

K. LeCroy1$31.84

M. Glagola1$31.84

M. Mecca1$31.84

R. Kosciolek1$31.84

J. Russitano1$31.84

M. Muth1$31.84

R. Ruhl1$31.84

D. Holowka1$31.84

R. Vastano1$31.84

J. Handy1$31.84

R. Eubanks1$31.84

F. Watkins1$31.84

G. Stabenow1$31.84

T. Cuccaro1$31.84

E. Maris1$31.84

R. Watt1$31.84

P. Hogan1$31.84

C. Calvello1$31.84

C. Gibson1$31.84

B. Segebade1$31.84

L. Scipioni2$28.72

B. Cioffi2$28.72

E. Watkins3$27.29

S. Chamberlin3$27.29

G. Long5$24.43

D. Clark Jr.6$22.99

G. DauberProject Engineer 1$80,336

G. GraySurvey Party Chief$64,372

J. GuyBuilding Subcode Official$72,323

(342)WHEREAS, the Board of Trustees of the Westfield Memorial Library, pursuant to authority granted to the Trustees by statute, has adopted a payroll for employees and the salary amounts.

NOW, THEREFORE BE IT RESOLVED, that the payroll consisting of the following regularly salaried employees of the Westfield Memorial Library represented by the Communications Workers of America be adopted effective January 1, 2013 and that the Chief Financial Officer be authorized to make payment to, and draw warrants bi-weekly in accordance with the following schedule:

NameTitleSalary

Laurie AndersonLibrarian$54,727

Molly AdamsLibrarian$51,563

Jeffery BennettLibrarian$53,118

(343)WHEREAS, the Board of Trustees of the Westfield Memorial Library, pursuant to authority granted to the Trustees by statute, has adopted a payroll for employees and the salary amounts.

NOW, THEREFORE BE IT RESOLVED, that the payroll consisting of the following regularly salaried employee of the Westfield Memorial Library be adopted effective January 1, 2013 and that the Chief Financial Officer be authorized to make payment to, and draw warrants bi-weekly in accordance with the following schedule:

NameTitleSalary

Darla WagnerLibrarian$65,800

(344)RESOLVED that the payroll consisting of the following regular salaried employees of the Police Department of the Town of Westfield be adopted effective January 1, 2013 and that the Treasurer be authorized to draw warrants to their order biweekly as their names appear on departmental payrolls, and that the Mayor and Town Clerk be and are hereby authorized to sign a warrant in compliance thereto for the amount of the payroll biweekly.

NAMEPOSITIONJAN. 1, 2013

Clifford D. AuchterCaptain124,494

Scott M. RodgerCaptain124,494

Edward MaguireLieutenant115,330

Christopher BattiloroLieutenant115,330

Matthew CassidyLieutenant115,330

John RicercaLieutenant115,330

William MoffittSergeant107,092

Todd EarlSergeant107,092

Jason M. RodgerSergeant107,092

Frank PadovanoSergeant107,092

Leonard LugoSergeant107,092

Jason CarterSergeant107,092

Jason McErleanSergeant107,092

Vincent J. CostanzoSergeant107,092

John TangoSergeant107,092

Barron ChamblissDetective 1G105,216

Eric LiebermanDetective 1G105,216

Gregory HobsonDetective 1G105,216

Lisa L. PerrottaDetective 2G98,131

Harold CaulfieldPatrol Officer94,682

Robert J. RileyPatrol Officer94,682

Kevin J. O’KeefePatrol Officer94,682

Robert BeatonPatrol Officer94,682

Frank MoyaPatrol Officer94,682

Preston FreemanPatrol Officer94,682

Marcin KapkaPatrol Officer94,682

Nicole StivalePatrol Officer94,682

Donald PerkinsPatrol Officer94,682

Jeffrey JohnsonPatrol Officer94,682

Thomas OstranderPatrol Officer87,780

Steven MartinezPatrol Officer87,780

Michael WalshPatrol Officer87,780

Lauren MaloneyPatrol Officer87,780

Christopher ScuorzoPatrol Officer81,814

Joseph SaundersPatrol Officer81,814

Donald DomanoskiPatrol Officer81,814

Bradford BeirnePatrol Officer81,814

Paul FerryPatrol Officer75,848

Eric LoffredoPatrol Officer75,848

William KleemanPatrol Officer75,848

Dennis DaSilvaPatrol Officer63,916

Paul NeriPatrol Officer63,916

Michael McCarthyPatrol Officer63,916

N. BrunoPatrol Officer59,648

Eric PopleikPatrol Officer59,648

Jason MerrittPatrol Officer46,018

Joseph HabeichePatrol Officer46,018

Elizabeth. DavisPatrol Officer46,018

Nicholas BaganPatrol Officer 41,052

Pitor WierzbieckiPatrol Officer 41,052

John SwiderskiPatrol Officer 41,052

(345)WHEREAS, N.J.S.A. 40A:4-87 (Chapter 159, P.L., 1948) provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget or any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget, and

WHEREAS,the Director may also approve the insertion of any item of appropriation for equal amount;

NOW, THEREFORE, BE IT RESOLVEDthat the Town of Westfield hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2012 in the sum of $33,885.00, which is now available from the State of New Jersey, LD Hoses and Intake Valves Fund, and

BE IT FURTHER RESOLVEDthat the like sum be, and the same is hereby appropriated under the following caption:

General Appropriations

LD Hoses and Intake ValvesFund $33,885.00

BE IT FURTHER RESOLVEDthat one copy of this resolution be forwarded to the Division of Local Government Services by the Town Clerk.