Council Minutes from 2/22/2012

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, FEBRUARY 22, 2012.� MAYOR KATHI FIAMINGO PRESIDED.

Mayor Fiamingo read the requirements of the Open Public Meetings Act.

The Salute to the Flag was led by Mayor Kathi Fiamingo.

ROLL CALL

Roll Call at 8:00 P.M. showed the following Council Members present:� Sal Candarella, Peter Corvelli, Anthony DeLuca, Brian Joho, Scott Klinder and Fred Pugliese.

MINUTES

It was moved by Councilman Joho, seconded by Councilman Candarella and carried that the minutes of the Work Session of February 7, 2012 and the Regular Council Meeting of February 8, 2012 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS:

Letter received from Sonia Turner, 55 North 12^th Street requesting permission to remove a Borough tree at her expense as falling limbs are a safety hazard.
Resolution received from the Board of Education approving the election of school board members at the November General Election.
Letter from the Union County St. Patrick�s Day Parade Committee inviting all to their 16^th Annual St. Patrick�s Day Parade on Saturday, March 10^th at 1 P.M. in Union.

It was moved by Councilman DeLuca, seconded by Councilman Klinder, and carried that the above communications be received and filed and any money amounts indicated be spread over the minutes.

REPORT OF COMMITTEES

MAYORS REPORT

Mayor Fiamingo reported that on March 2^nd she will be meeting, along with the Superintendent of the DPW, the Borough Clerk, and the Engineer with members of the Union County Department of Engineering to discuss various matters that affect the Borough and the County, including the clean-up of various County facilities in the Borough.

Council Meeting � February 22, 2012�� Page 2

The Mayor said she also met last week with representatives in the Real Estate Department from Merck.� She said they have a very preliminary plan for what they are thinking about doing to redevelop the property on the Boulevard.�

DEPARTMENT OF FINANCE

Councilman Joho reported the Council made further decisions as to the 2012 Budget at the Work Session yesterday.� They are awaiting State Aid figures that are due out tomorrow and that leaves us on schedule to introduce the 2012 during the first meeting in March.

DEPARTMENT OF PUBLIC WORKS

Councilman DeLuca reported the DPW is sending out blacktop crews as often as possible.� They have just finished cleaning almost all the storm basins and they have about 8 basins that have to be repaired.� Kerry Senica has finished the October 29, 2011 Category B Emergency Report for the department. They have three quotes for the corrugated roof and walls that enclose our gas diesel computer.� The lowest bidder was $3,850. from Westfield Sheet Metal.

Councilman Deluca stated he attended a Storm Water Management Best Practices Meeting in place of the Mayor on February 15^th.� He said they were talking about the damage from Hurricane Irene and repetitive flooding. It was hosted by Cranford Mayor Robinson and former Mayor Dan Aschenbach and there were also remarks from the Executive Director of the Association of New Jersey Environmental Commission.

Councilman DeLuca said the Army Corps. of Engineers has been working on a hydraulic report but we don�t know when we are going to get it and they don�t know what it is going to involve.� Also at the meeting was the Milburn Mayor with some of their ordinances and some of those ordinances we already have in place. They basically said we need to get together not as a single town but as a group of towns and work up a viable solution for flooding.

The Mayor said it is going to be a long drawn out process.� The Army Corps of Engineers is trying to come up with a plan and then we will try and come up with money and see how we can implement the plan for the region. �She said regional flooding issues is what the Mayor�s Conference is all about and hopefully we will be able to come to some solution in the coming century as it will not be an overnight fix.

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese reported he received the monthly report from Chief Grady as well as the Detective Bureau for the month of January.� He said the Police Department

Council Meeting � February 22, 2012�� Page 3

received a grant for $5,000.00 for its DWI Program which ran from December, 2011 thru January, 2012.� The Police Department has also applied for another grant for seat-belt

enforcement in the amount of $4,000. The Police Department� received a check in the amount of $1,500 from the Borough�s Insurance Company as a result of the Police Department pursuing State Accreditation and the money will be used for software.� He said on January 13^th a large branch fell on a motorist at the western end of the Boulevard near Cranford, trapping a motorist. He said four officers responded to the scene to secure the area and extricate the driver from the car.� The officers involved were Capt. Hannon, Sgt. Soos, Officer Devlin and Officer Ken Grady.� The Police Department received a letter from the individual�s wife commending and thanking the officers for their response.� Councilman Pugliese read a portion of the letter �Dear Chief Grady, I would like to thank you and members of the Kenilworth Police Department for the excellent, outstanding and immediate response given to my husband at the scene of the accident.� His injuries included three fractured vertebra, a fractured collar bone and breastbone and a concussion as well as a fractured nasal cavity and a chipped tooth�.� He has had surgery and is still experiencing problems.� Again we are truly grateful for the professionalism and expertise that was evident at the scene.� We will keep you in our thoughts and prayers and will always remain thankful�.� Council Pugliese commended the officers.

Mayor Fiamingo said Fire Department personnel also assisted.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman Candarella reported the Planning Board and Board of Adjustments have a couple of applications.

DEPARTMENT OF RECREATION AND FIRE

Councilman Corvelli said winter sports are winding down and spring is quickly approaching with softball, baseball and soccer.� There is a Cup Cake Contest on Saturday, 11:00 am to 1:00 pm. for all age groups. There will be prizes and ribbons.

Councilman Corvelli said he has the same letter Councilman Pugliese read from Mrs. Duran thanking the Fire Department.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Klinder reported the Rabies Clinic will be on Sunday, March 11, 2012 at the Fire Department from 1:00 pm to 3:00 pm� He said he said he received a thank you letter from a senior citizen regarding the Handyman Program and if any seniors want to get involved with the Program, there are applications at the Senior Citizen Building and also at Borough Hall.

Council Meeting � February 22, 2012�� Page 4

ORDINANCES AND RESOLUTIONS

CONSENT AGENDA

Resolutions No. 1 thru 10 are listed on Consent Agenda and will be enacted by one motion in the form listed below. All items will be recorded individually in full in the minutes.

Councilman Klinder moved that all items under Consent Agenda be approved, seconded by Councilman Joho. Upon roll call the vote was unanimous.

RESOLUTION NO.1

BE IT HEREBY RESOLVED:�� That all bills be paid when properly audited and funds are available.

RESOLUTION NO. 2

BE IT HEREBY RESOLVED: That the Borough Clerk be authorized to issue the following�� Raffle Licenses:

�� #1045 St. Genevieve School for a Tricky Tray on April 14, 2012 at 33

�South 21^st Street, Kenilworth, NJ.

#1046 St. Genevieve School for an On-Premise 50/50 Raffle on April 14, 2012

at� 33 South 21^st Street, Kenilworth, NJ.

#1047 Pink Socs Foundation, Inc. for a Night at the Races on March 10, 2012

at 60 South 31^st Street, Kenilworth, NJ. ��

RESOLUTION NO. 3

WHEREAS, Maguire Title, LLC paid the property taxes for the 1^st quarter of 2012 for the property located at 17 South 20^th Street, Kenilworth, NJ, and;

WHEREAS, this resulted in the overpayment of taxes for the 1^st quarter of 2012 in the amount of $2,270.57, and;

WHEREAS, Maguire Title, LLC has requested that the overpayment be refunded to them.

Council Meeting � February 22, 2012�� Page 5

NOW, THERFORE BE IT RESOLVED that the Treasurer, after proper notation on the tax account records by the Collector of Taxes, be and is hereby authorized to issue a warrant for a refund as stated below.

Block�� Lot�� Payable To:�� Amount

114�� 18�� Nelson Quintana�� $ 2,270.57

C/o Maguire Title, LLC

2^nd Floor, Suite 3

11-15 River Road,

Fair Lawn, NJ 07410�� TOTAL�� $ 2,270.57

RESOLUTION NO. 4

WHEREAS, Maria Colello paid the property taxes for the 1^st quarter of 2012 for the property located at 224 North 10^th Street, Kenilworth, NJ, and;

WHEREAS, this resulted in the overpayment of taxes for the 1^st quarter of 2012 in the amount of $480.77, and;

WHEREAS, Maria Colello has requested that the overpayment be refunded to her.

Block�� Lot�� Payable To:�� Amount

�� 24.02�� 18�� Maria Colello�� $ 480.77

224 North 10^th Street

Kenilworth, NJ 07033��

TOTAL�� $ 480.77

RESOLUTION NO. 5

WHEREAS, Corelogic paid the property taxes for the 1^st quarter of 2012 for the property located at 99 Pembrook Drive, Kenilworth, NJ, and;

WHEREAS, this resulted in the overpayment of taxes for the 1^st quarter of 2012 in the amount of $1,914.99, and;

Council Meeting � February 22, 2012�� Page 6

WHEREAS, Corelogic has requested that the overpayment be refunded to them.

Block�� Lot�� Payable To:�� Amount

�� 67�� 10�� Corelogic�� $ 1,914.99

1 Corelogic Drive

Westlake, TX 76262-5310��

�� TOTAL�� $ 1,914.99

RESOLUTION NO. 6

WHEREAS, Corelogic paid the property taxes for the 1^st quarter of 2012 for the property located at 245 North 9^th Street, Kenilworth, NJ, and;

WHEREAS, this resulted in the overpayment of taxes for the 1^st quarter of 2012 in the amount of $2,794.02, and;

WHEREAS, Corelogic has requested that the overpayment be refunded to them.

Block�� Lot�� Payable To:�� Amount

�� 24.02�� 10.02�� Corelogic�� $ 2,794.02

1 Corelogic Drive

Westlake, TX 76262-5310��

�� TOTAL�� $ 2,794.02

��

RESOLUTION NO. 7

WHEREAS, Corelogic paid the property taxes for the 1^st quarter of 2012 for the property located at 359 Coolidge Drive, Kenilworth, NJ, and;

Council Meeting � February 22, 2012�� Page 7

WHEREAS, this resulted in the overpayment of taxes for the 1^st quarter of 2012 in the amount of $3,156.55, and;

WHEREAS, Corelogic has requested that the overpayment be refunded to them.

Block�� Lot�� Payable To:�� Amount

�� 101�� 15�� Corelogic�� $ 3,156.55

1 Corelogic Drive

Westlake, TX 76262-5310��

�� TOTAL�� $ 3,156.55

RESOLUTION NO. 8

WHEREAS, it shall become necessary to expend for some of the purposes specified in the budget appropriation of the respective sums appropriated, and

��

WHEREAS, there is an excess in one or more appropriations over and above the amount deemed necessary to fulfill the purpose of such appropriation, and

WHEREAS, N.J.S. 40A:4-58 provides for the transfer of such amounts deemed in excess to appropriation for the amount of which are deemed to be insufficient to fulfill purposes of such appropriation, and

WHEREAS, the transfers about to be authorized do not affect any appropriations to which transfers are prohibited under statute,

NOW, THEREFORE BE IT RESOLVED that the attached transfers be approved and the Chief Financial Officer is hereby authorized to make the transfers in the 2011 Municipal Budget.

Council Meeting � February 22, 2012�� Page 8

FROM��

Salaries & Wages

Police � Full Time�� 3,750.00

�� Total�� 3,750.00

Other Expenses

Finance � IT Support & Equipment�� 5,000.00

Engineering � Additional Fees�� 15,000.00

Public Works � Snow Removal/Equipment �� 5,000.00

Recycling � Cans and Bottles�� 4,200.00

�� Total�� 29,200.00

�� Grand Total�� $32,950.00

TO��

�

Salaries & Wages

Construction Code � Full Time�� 1,000.00

Traffic Police � Part Time�� 2,000.00

Fire Prevention � Part Time�� 750.00

��

�� Total�� 3,750.00

Other Expenses

Audit � Fees�� 4,000.00

Legal � Other Expenses�� 15,000.00

Fire Department � Day Stipend � Fire�� 5,100.00

Fire Department - Day Stipend � Rescue�� 4,100.00

Statutory � Social Security�� 1,000.00

�� Total�� 29,200.00

�� Grand Total�� $32,950.00

RESOLUTION NO. 9

WHEREAS, Debra Guravage paid the property taxes for the 1^st quarter of 2012 for the property located at 113 South 25^th Street, Kenilworth, NJ, and;

WHEREAS, this resulted in the overpayment of taxes for the 1^st quarter of 2012 in the amount of $529.88, and;

Council Meeting � February 22, 2012�� Page 9

WHEREAS, Debra Guravage has requested that the overpayment be refunded to her.

Block�� Lot�� Payable To:�� Amount

�� 139�� 16�� Debra Guravage�� $ 529.88

c/o Terry Meyers

6568 Dehesa Road

El Cajon, CA 92019��

TOTAL�� $ 529.88

RESOLUTION NO. 10

WHEREAS, Wells Fargo paid the property taxes for the 4^th quarter of 2011 for the property located at 645 Richfield Avenue, Kenilworth, NJ, and;

WHEREAS, this resulted in the overpayment of taxes for the calendar year of 2011 in the amount of $1,653.94, and;

WHEREAS, Timothy & Maureen Nolin, the homeowners at that time, have requested that the overpayment be refunded to them.

Block�� Lot�� Payable To:�� Amount

150�� 10�� Timothy & Maureen Nolin�� $ 1,653.94

Apartment 102

1600 Paddock Club Lane

Fort Mill, SC 29715

�� TOTAL�� $ 1,653.94

Council Meeting � February 22, 2012�� Page 10

Proposed Ordinance No. 2012-02 was read for second reading as follows:� (Copy appears in Minutes of January 25, 2012)

�� ORDINANCE NO. 2012-02

BOND ORDINANCE TO AMEND SECTION 1 OF THE BOND ORDINANCE (ORD. NO. 2011-08) ENTITLED:� "BOND ORDINANCE TO AUTHORIZE THE INSTALLATION OF GRANITE BLOCK CURBING AT A PORTION OF ROOSEVELT LANE IN, BY AND FOR THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, STATE OF NEW JERSEY, A LOCAL IMPROVE�MENT, TO APPROPRIATE THE SUM OF $65,000 TO PAY THE COST THEREOF, TO MAKE A DOWN PAYMENT, TO AUTHORIZE THE ISSUANCE OF BONDS TO FINANCE SUCH APPROPRIATION AND TO PROVIDE FOR THE ISSUANCE OF BOND ANTICIPATION NOTES IN ANTICI�PATION OF THE ISSUANCE OF SUCH BONDS," ADOPTED ON NOVEMBER 9, 2011.

��

Mayor Fiamingo stated this is a second reading on an ordinance� that amends the original ordinance to include five residences which were inadvertently omitted from the original ordinance.� The Mayor asked if anyone was interested in saying anything relative to Ordinance No. 2012-02 to please step forward and state their name and address for the record. �

Cheryl Vesselli, 413 Roosevelt Lane -� Ms. Vesselli said with regard to this ordinance with property such as hers that already has Belgium block curbing what is the plan?� She said also either in October or November of this past year the portion of the street has already been paved.� She asked if someone can explain to her the purpose of this again?�� The Mayor asked what she meant by it was already paved and Ms. Vesselli responded that in October there was a section of Roosevelt Lane around the circle and part of Lincoln Drive was paved and then the gas company did some digging up and that portion was paved so about 3 or 4 houses did not have the paving done.� She said finally about a month after the part of the street that wasn�t paved was paved so she does not understand why it is being repaved.� The Mayor said if your section of the street does not need paving then it should not be paved.� She said she is a little confused but will look into it with the engineers to make sure.� Ms. Vesselli said her father-in-law lives at 316 Roosevelt Lane and since he has the Belgium block put in and the repaving, he has two or three feet of water going up the driveway.� She asked to have the engineer to look at the flooding problem.� The Mayor said the engineer is well aware of the flooding problem in that particular area and she will definitely call him and speak to him about the area around your house because if it was already paved and your Belgium Block is in she doesn�t know why it would be done again.�

Council Meeting � February 22, 2012�� Page 11

Councilman Corvelli asked if that was the area that was tied into the main system and Ms. Vesselli responded that she did not know.� Mayor Fiamingo said it is something that has to be discussed with the engineer.� Councilman Candarella asked if her Belgium block was in the right area and the Mayor said in her area it is.� The Mayor said the row of houses is where the circle is right in front of them. Ms. Vesselli said it is 413 and 417 already have the Belgium block and the block continues up the driveway and she asked if that Belgium Block would be removed?� The Mayor responded that if they were going to repave they might remove it but in the past if you have perfectly good Belgium Block you should not have to be charged twice for it.� She said she is not even sure that Ms. Vesselli�s section needs to be done but she will double check with the engineer. Ms. Vesselli asked what the charge would be and the Mayor said until it goes out to bid they do not know.� Ms. Vesselli asked if there would be a charge if perfectly good Belgium block was removed and replaced?� The Mayor said generally if your Belgium block is in good condition, if it has to be removed for the contracting, we generally will not charge you for replacing it. Ms. Vesselli reminded the Mayor she is being filmed.

Resident � Asked the Mayor what is the width of the street going to be?� The Mayor said that is an engineering question.� He said the street now is 30 ft. from 1940 when it was developed.� He said down where they have the flooding problem it is 27 ft. He said when they put the Belgium block in they took the natural curb of the street, left the right hand side and moved the left hand side into the center of the street.� He said when the water comes down the street it goes to the right and that is why there are so many problems. He said the retention basins that they put in do not work past there.� He said

by the path they put a new one in and took it to the next street to go out into the main one on the Boulevard.� He said it takes the water away and then it keeps on going so they still have problems in the driveway.� He said the fix that the engineers made did not work so they have to go back and think again.� He said that was from the original paving job way back when.� The Mayor said that Mr. O�Conner is well aware of the problems in that area and has been doing his best to figure out a fix.� The resident said when they repaved it they did it correctly in our area but now if they are going to do the rest they have to leave it at 30 feet to make the water flow right.� He also said the meeting schedule for the council meetings is on the web site for 2011.� The Mayor said we are working on that.

Evelyn Herrmann, 409 Roosevelt Lane � Ms. Herrmann said that they never had water like they have now.� She said she has a pond at the end of her driveway.� She said that was when they repaved the street and when the gas company was working there.� She said until then it was OK but when they redid it the street in the center is raised a little so therefore it goes to the side.� She said she is wishing that when they do the Belgium Block they could slant it over to the park where the sewer line is because the street is raised so therefore it goes to the side.� She said when it rains she cannot come from the

Council Meeting � February 22, 2012�� Page 12

street into her house because of the water, she has to drive around or go over to the neighbor�s property.� She said we never had this problem before and it is only when they redid the street after the original flooding and now it is worse.

The Mayor said now she is confused as to whether they are doing the area in that area or not.� She said she is going to refer this to the engineer and talk to him about whether or not that is going� to be repaved.� Ms. Herrmann said when she spoke to him last year he said you always had a water problem and she told him not in 50 years did we have a water problem it was only until they decided to fix it that there was a problem.� She said none of us had water in our basements until that storm. �

Brien Dehl, 417 Roosevelt Lane � Mr. Dehl asked when the engineers are going to look into the problem.� He said there was a surveyor out there already and he said there was a problem out there and they are working on fixing it.� The Mayor said we are going out to bid on the street shortly and the engineer is working on it now.� She said the surveyor was there so that they can do the engineering to determine what they have to do to fix the problem and then they have to do the bid specs and go out to bid.� Mr. Dehl asked if the plan was set and Councilman Candarella said the surveyor will show what is existing and the engineer will look at it and develop a plan and we allow him, as a professional, to develop a plan to what is correct.� Mr. Dehl asked if it was now in the engineers hands and the Mayor replied yes.� He asked if they will be notified that all this is going to take place or do we have to come up every month for the meetings?� The Mayor asked Mr. Dehl if he was asking if he was going to be notified when the paving will be and he replied no when the engineering is going to be done.� The Mayor said we don�t normally get into that and she is not clear what he wants to know, does he want to know when it is getting paved?.� Mr. Dehl said he knows it is going to be repaved but is it going to be repaired?� Councilman Candarella said they don�t evaluate the engineers work.� The Mayor said we don�t second guess what the engineer does, until after it�s done and then perhaps we have problems with people coming up.� She said even if he came to us with what he was going to do we would say OK because we don�t know any different.� He is the professional that we hired and we trust his judgment. ��She said she will speak with him and make sure that he knows that you, Mrs. Herrmann and everyone in that area is having a problem.� She said she knows the engineer knows about the problem because that is why the surveyor is there and they are trying to figure out what to do to fix the problem.� She said they will talk to the engineer at their next work session meeting on March 13^th.

Mayor Fiamingo closed the hearing to the public on Ordinance 2012-02.

Council Meeting � February 22, 2012�� Page 13

RESOLUTION NO. 11

Introduced by Brian Joho, adoption moved by same.

Seconded by Sal Candarella

Be It Hereby Resolved: that Proposed Ordinance 2012-02 be and the same is hereby passed on second and final reading an ordered published according to law.

�� .

Roll Call:� All in favor.�

Proposed Ordinance No. 2011-03 was read for second reading as follows:� (Copy appears in Minutes of January 25, 2012)

ORDINANCE NO. 2012-03

AN ORDINANCE OF THE BOROUGH OF KENILWORTH AMENDING CHAPTER 208 OF THE CODE OF THE BOROUGH OF KENILWORTH, COUNTY OF UNION, STATE OF NEW JERSEY TO ENSURE THE SANITARY AND HYGENIC CONDITIONS OF MASSAGE� AND BODYWORK THERAPIES, MASSAGE AND BODYWORK BUSINESSES, SOMATIC THERAPIES, AND/OR LIKE BUSINESSES OPERATING WITHIN THE CONFINES OF THE BOROUGH OF KENILWORTH.

Mayor Fiamingo said this is a second reading on this ordinance that regulates the massage parlor and therapy businesses.� The asked if anyone wished to speak on this ordinance to please step forward and state their name and address for the record.

No one wished to speak.

Mayor Fiamingo closed the hearing to the public on Ordinance 2012-03.

RESOLUTION NO. 12

Introduced by Scott Klinder, adoption moved by same.

Seconded by Sal Candarella

Be It Hereby Resolved: that Proposed Ordinance 2012-03 be and the same is hereby passed on second and final reading an ordered published according to law.

�� .

Roll Call:� All in favor.�

Council Meeting � February 22, 2012�� Page 14

Proposed Ordinance No. 2012-04 was read for a first reading as follows:� (Copy attached)

�� ORDINANCE NO.� 2012-04

AN ORDINANCE AMENDING ORDINANCE NO. 2009-18 PROVIDING FOR COMPENSATION FOR BOROUGH EMPLOYEES OF THE BOROUGH OF KENILWORTH.

Mayor Fiamingo stated the Borough operates under a set of guidelines of salary ranges and this ordinance would amend not all the salaries but some of the ranges that are provided for Borough employees.� The second reading will be on March 14, 2012 when the public will be invited to

speak on this particular ordinance.

RESOLUTION NO. 13

Introduced by Brian Joho� adoption moved by same

Seconded by Sal Candarella

Be It Hereby Resolved:� That Proposed Ordinance No. 2012-04 be and the same is hereby passed on first reading and ordered published for final hearing on March 14, 2012.

Roll Call:� All in favor.

Motion was made by Councilman Pugliese, seconded by Councilman Joho� to open the meeting to the public.� All in favor.

MEETING OPEN TO THE PUBLIC

No one wished to speak.

Motion was made by Councilman Pugliese, seconded by Councilman Joho� to close the meeting to the public.� All in favor.

GENERAL BUSINESS

Mayor Fiamingo said she will be attending the Cup Cake Wars on Saturday and she has agreed to be a judge.� She is looking forward to it and it should be a lot of fun.

Council Meeting � February 22, 2012�� Page 15

ADJOURNMENT

There being no further business to come before the Council, it was moved by Councilman Corvelli, seconded by Councilman �Candarella and carried, that the meeting be adjourned to the call of the chair.

8:15 P.M.�� Respectfully submitted,

��

�� Hedy Lipke, Borough Clerk��

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ROLL CALL

MINUTES

REPORT OF COMMITTEES

DEPARTMENT OF PUBLIC WORKS

DEPARTMENT OF PUBLIC SAFETY

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

ORDINANCES AND RESOLUTIONS

CONSENT AGENDA

Salaries & Wages

����������� �ORDINANCE NO.� 2012-04

�� ORDINANCE NO.� 2012-04