REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, MARCH 22, 2006. MAYOR GREGG DAVID PRESIDED.
Roll Call at 8:00 P.M. showed the following Council Members present: Lawrence Clementi, Peter Corvelli, Anthony DeLuca, Jr., and Robert Taylor. Carmela Colosimo and Fred Soos were absent.
Mayor David read the requirements of the Open Public Meetings Act.
The Salute to the Flag was led by Mayor David
It was moved by Councilman Clementi, seconded by Councilman Corvelli and carried that the minutes of the Work Session Meeting of March 7, 2006 and the Regular Council Meeting of March 8, 2006 and the Special Meeting of March 12, 2006 be dispensed with and approved as submitted. (Copies furnished each Council Member prior to the meeting).
COMMUNICATIONS AND PETITIONS
1. Notice of Hearing from Union Township Planning Board to consider adoption of a Master Plan Reexamination Report on March 25, 2006 at 7 P.M.
2. Notice of Hearing from Township of Springfield Planning Board regarding adoption of the Municipal Stormwater Management Plan as an element to their Master Plan.
3. Notice of Hearing from the Township of Union on the proposed amendment to their Land Use Code – Stormwater Management and Control on March 28, 2006.
4. Letter from Diana Verderame, 420 Lafayette Avenue, thanking the Public Works Department for their fast response in fixing the curb damaged by a snow plow.
1. Municipal Court Report for the month of February, 2006.
2. Kenilworth Board of Education Meeting Minutes for the month of January, 2006.
It was moved by Councilman DeLuca, seconded by Councilman Corvelli and carried that the above communications be received and filed and any money amounts indicated be spread over the minutes.
Mayor David received a communication from New Jersey American Water Company. They have a program, which they call H2o Help, for assisting people who are having difficulty paying their bills. There are income thresholds that need to be met in order to qualify.
DEPARTMENT OF FINANCE
Clementi reported that the Finance Committee is introducing the 2006 Municipal
Budget this evening. The budget has a 12.4 point increase, which we are
not happy with, we will be working to reduce that number. Governor Corzine
made his speech yesterday and advised that our Municipal Tax Relief will
be flat this year, which is really a decrease. Extraordinary Aid is going
from 43 million to 30 million dollars and we need to determine how we
are going to go forward with that.
DEPARTMENT OF PUBLIC WORKS
Councilman DeLuca reported that the Department of Public Works has been power washing and painting at DiMario Park and should be done by next week. They have received their new F350 Mason Dump Truck which has some problems and was sent back. It should be back by next week.
DEPARTMENT OF PUBLIC SAFETY
Councilwomen Colosimo was absent. Councilman Taylor advised that the Global Connect for the reverse 911 was approved. Reverse 911 is a program which will be allow us to contact residents in case of emergency. We are in the process of obtaining the data base.
DEPARTMENT OF PLANNING, ZONING AND ORDINANCES
Councilman Soos was absent.
DEPARTMENT OF RECREATION, LIGHTING AND ECOLOGY
Councilman Corvelli reported that soccer, softball are in full swing. Harding Field cannot be used due to the fact that the field is being fertilized. We are going to reach out to the County to see if we can use County fields. The Recreation Director, Scott Pentz is working with the County. The Fire Department had an incident on March 10, 2006 in which a large fellow passed away. The Fire Department handled this situation very delicately and they are to be commended. This is a testament to the volunteers and I would like to publicly thank Lt. Thomas DeAngelis, Lt. Walter Goodsman, EMT Alexandra Calef, EMT Randy Lepchuck, EMT Craig Radison and EMG Angelo Ruggiero.
DEPARTMENT OF HEALTH, EDUCATION AND WELFARE
Councilman Taylor reported that April 15, 2006 is the date smoking will be banned in public buildings. Citations and actions might be issued against owners as well as the person smoking. He attended a Committee Meeting with the Board of Education on March 13, 2006 and March 20, 2006 with regards to their budget. The budget hearing for the Board of Education is March 27, 2006. We will be inviting the Brearley High School Wresting Team to the next Council Meeting on April 12, 2006 to honor them for their State, County and District championships.
ORDINANCES AND RESOLUTIONS
Proposed Ordinance No. 2006-03 was read for the first reading as follows: (Copy attached)
ORDINANCE TO EXCEED THE 2006 MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK
Mayor David stated this Ordinance allows the Borough to exceed the Cap which is set at 2 ½% and allows it to go to 3 ½% . This is a 1% increase over the initial cap and the total amount equates to $64, 179.10. This is a first reading and anyone interested in speaking on this Ordinance can do so April 12, 2006. Copies are in the back of the room or you can pick one up at the Clerks Office. Second reading is scheduled for April 12, 2006.
RESOLUTION NO. 1
Introduced by Lawrence Clementi who also moved its adoption
Be It Hereby Resolved: That proposed Ordinance No. 2006-03, be and the same is hereby passed on first reading and ordered published for final hearing on April 12, 2006.
Seconded by Anthony Deluca, Jr. and on roll call unanimously carried.
Resolution appears on the following page.
RESOLUTION NO. 2
Introduced by Lawrence Clementi who also moved its adoption. Seconded by Anthony Deluca.
Resolution appears on the following page. (Introduction of the 2006 Municipal Budget)
Consolidated Bill List appears on the following pages. (copy attached)
Resolutions No. 3 through 17 are listed under Consent Agenda will be enacted by one motion in the form listed below. All items will be recorded individually in full in the minutes.
Councilman DeLuca moved that all items under Consent Agenda be approved, seconded by Councilman Clementi. Upon Roll Call the vote was unanimous.
RESOLUTION NO. 3
Be It Hereby Resolved: That all bills be paid when properly audited and funds are available.
RESOLUTION NO. 4
Be It Hereby Resolved: That the Mayor and Council of the Borough of Kenilworth approve the requests of the following to hang banners across the Boulevard at Boulevard and North 22nd Street.
1. Firemen’s Carnival – sponsored by Kenilworth Volunteer Fire Department (August 1, 2006 – August 28, 2006)
2. Health Fair – sponsored by the Kenilworth Board of Health (August 28, 2006 – September 19, 2006)
3. Kenilworth Octoberfest Street Fair – sponsored by the Pride in Kenilworth Committee (September 19, 2006 – October 23, 2006)
Be It Hereby Resolved: that the Mayor and Council request the approval of the Union County Board of Chosen Freeholders for the above banners.
Be It Hereby Resolved: that the governing Body of the Borough of Kenilworth request the approval of the Board of Chosen Freeholders for a Road Closing as follows:
1. Closing of the Boulevard from 23rd Street to 18th Street on Sunday, October 8, 2006 rain date, Sunday, October 15, 2006) from 8:00 A.M. to 8:00 P.M. for the Annual Kenilworth Octoberfest Street Fair.
RESOLUTION NO. 5
WHEREAS, the following property was issued a permit, and fees were received by the Building Department;
WHEREAS, it has been determined that the work will not be done.
NOW, THEREFORE BE IT RESOLVED that the Treasurer be and is hereby authorized to draw a warrant to refund the following amount to;
Amount of $42.00 to contractor:
61 Terrill Road
Plainfield, NJ 07062
For the following permit: Mr. Antac
Block 72, Lot 1 Permit #06-0009
RESOLUTION NO. 6
WHEREAS, the following property was issued a street opening permit, and escrow of $500.00 were received by the Building Department;
WHEREAS, it has been determined that the work has been completed and inspected by Dan Ryan, Superintendent.
NOW, THEREFORE BE IT RESOLVED that the Treasurer be and is hereby authorized to draw a warrant to refund the following amount to the property owner:
Amount of $500.00 refunded to the property owner:
Elsheikh Enterprises, L.L.C.
12 Via Vitale
Kenilworth, NJ 07033
Property located at: 305 No. 12th St.
Block #10, Lot #3
RESOLUTION NO. 7
WHEREAS, the Borough of Kenilworth held a Tax Sale on March 16, 2005 on delinquent 2004 taxes, and a tax lien was purchased by Crusader Servicing Corporation on property located at 51 Park Drive, and know as Block 91 Lot 11, in the Borough of Kenilworth, County of Union.
WHEREAS, the owner of said property has satisfied said lien, together with interest and costs by payment of the amount due at the office of the collector of taxes and
NOW, THEREFORE BE IT RESOLVED that the Treasurer be and is hereby authorized to draw a warrant to the named lien holder as follows to be refunded upon receipt of the original Certificate of Sale #050006 by collector of taxes.
Crusader Servicing Corporation
179 Washington Lane
Jenkintown, PA 19046
RESOLUTION NO. 8
WHEREAS, the Borough of Kenilworth held a Tax Sale on March 16, 2005 on delinquent 2004 taxes, and a tax lien was purchased by Crusader Servicing Corporation on property located at 524 Quinton Avenue, and known as Block 141 Lot 20, in the Borough of Kenilworth, Union County.
WHEREAS, the owner of said property has satisfied said lien, together with interest and costs by payment of amount due at the office of the collector of taxes, and
NOW, THEREFORE BE IT RESOLVED that the Treasurer be and is hereby authorized to draw a warrant to the named lien holder as follows to be refunded upon receipt of the original Certificate of Sale #050009 by the collector of taxes.
Crusader Servicing Corporation
179 Washington Lane
Jenkintown, PA 19046
RESOLUTION NO. 9
BE IT HEREBY RESOLVED that the Mayor’s appointment of Kathleen Switek as Gas Monitoring Administrator for the Gas Boy Program be, and the same is hereby confirmed at an annual stipend of $1400.00
RESOLUTION NO. 10
Be It Hereby Resolved: That Global Connect, 5218 Atlantic Avenue, Suite 202 be authorized to establish Broadcasting Service for a Reverse 911 System for the Borough of Kenilworth at the rate as per attached agreement.
Be It Further Resolved that the Mayor be authorized to sign said agreement.
CERTIFICATION OF FUNDS
Included in introduced 2006 Budget
RESOLUTION NO. 11
WHEREAS, the Division of Local Government Service requires that the Government Body of any municipality which has deferred School Taxes must authorize any increase in the deferral of any additional amounts, and
WHEREAS, the Governing Body has decided that an increase in Deferred School taxes is in the best interest of the Borough at this time.
NOW, THEREFORE, BE IT RESOLVED, by the Governing Body that the following Deferred School Taxes be hereby increased for the year ended December 31, 2005 as follows;
Amount Deferred 12/31/05 $6,851,461.50
Amount Deferred 12/31/04 6,444,010.04
BE IT FURTHER RESOLVED by the Governing Body, that a certified copy of this resolution be filed in the Office of the Director of the Division of Local Government Services.
Adopted this 22nd day of March, 2006 and certified as a
true copy of an original
RESOLUTION NO. 12
WHEREAS, an emergent condition has arisen with respect to adoption of the 2006 Annual Budget and no adequate provision has been made in the 2006 Temporary Budget for the aforesaid purpose, and the N.J.S. 40A:4-20 provides for the creation of an emergency temporary appropriation for the purpose above mentioned; and
WHEREAS, the total emergency resolutions adopted in the year 2006 pursuant to provisions of Chapter 96, P.L. 1951 (N.J.S. 40A:4-20) including this resolution total $44,600.00.
NOW, THEREFORE, BE IT RESOLVED (not less than two-thirds of all the members thereof affirmatively concurring ) that in accordance with the provisions of N.J.S. 40A:4-20
1. An emergency temporary appropriation be and the same is hereby made for other expense appropriations in the amount of $431,600.00.
2. That said emergency Temporary appropriation be provided for in the 2006 Budget under the title of: Various line items:
Other Expenses Account Name From To
774 Rahway Valley Sewerage Auth. $ $400,000.00
772 Buildings & Grounds/Maint. 10,000.00 15,000.00
745 Police 35,000.00 50,000.00
833 Court 2,500.00 3,000.00
762 Sr. Citizens/O/E ----------- 100.00
725 Const. Code Official/S&W 12,200.00 23,200.00
RESOLUTION NO. 13
Be It Hereby Resolved:
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:4-59 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 or from transfers are prohibited under statute,
NOW, THEREFORE BE IT RESOLVED that the following be approved and the Chief Financial Officer is hereby authorized to make the following transfers in the 2005 Municipal Budget:
701 Municipal Clerk $ 3,700.00
749 Fire Dept. $ 2,000.00
772 Buildings & Grounds 700.00
773 Sewers 1,000.00
Sub Total 3,700.00
RESOLUTION NO. 14
WHEREAS, the Borough of Kenilworth was awarded a Statewide Livable Communities Grant in the amount of $50,000.00 from the New Jersey Department of Community Affairs; and
WHEREAS, the purpose of the grant was for “replacement of roof canopy and spot rehabilitation of ADA access ramp at the Kenilworth Public Library”; and
WHEREAS, a resolution accepting the grant funds for the purpose stated above was approved by the Borough Council on July 13, 2005; and
WHEREAS, the original need for the grant has changed and the grant is now needed to “provide funding toward an Elevator at the Kenilworth Public Library” and
WHEREAS, the change in the use of grant funds is in keeping with the purpose of the Statewide Livable Communities Grant Program and thereby, continues to fulfill an essential public need;
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Kenilworth does hereby request that the Department of Community Affairs amend the purpose of the grant as set forth herein to reallocate the use of grant funds accordingly; and
BE IT FURTHER RESOLVED that the Mayor of the Borough of Kenilworth is authorized to submit the necessary documentation to the Department in support of this request,
RESOLUTION NO. 15
Be It Hereby Resolved: That Donna Layton be appointed as an Alternate School Crossing Guard as of March 22, 2006.
RESOLUTION NO. 16
Be It Hereby Resolved: That LISAMARIE BOHO be employed as a Part-Time Clerk in the Police Department as of April 17, 2006 for 27 ½ hours per week at a rate of $12 per hour for a probationary period of six months with an increase at that time to $13 per hour upon satisfactory review.
RESOLUTION NO. 17
Resolution appears on the following page. (A Resolution Urging Re-Introduction of Legislation to exempt Municipal Clerks from penalties for Open Public Records Act violations under certain circumstances.
Proposed Ordinance No. 2006-02 was read for first reading as follows: (Copy attached)
ORDINANCE APPROPRIATING $28,250.00 FROM GENERAL CAPITAL SURPLUS FOR THE LAFAYETTE PUMP STATION UPGRADE ORDINANCE 2004-17 AND VARIOUS IMPROVEMENT ORDINANCE #2005-02
Mayor David reported that this a first reading taking $28,250.00 from our General Capital Surplus to be allocated toward Lafayette Pump Station, which is in dire need of an upgrade. The original Ordinance did not have enough funding to accommodate the lowest bid we received so we are appropriating this additional money to help cover the cost so that the project can get underway. This a first reading, a copy of the Ordinance is at the back of the room or you can pick up a copy at the Borough Clerks Office. The second reading will be April 12, 2006, anyone who wishes to speak may do so at that time.
RESOLUTION NO. 18
Introduced by Lawrence Clementi also moved its adoption.
Be It Hereby Resolved: That Proposed Ordinance No. 2006-02, be and the same is hereby passed on first reading and ordered published for final hearing on April 12, 2006
Seconded by Anthony DeLuca, Jr. and on roll call unanimously carried.
Proposed Ordinance 2006-04 was read for first reading as follows: (Copy attached)
A BOND ORDINANCE AUTHORIZING IMPROVEMENTS TO NORTH 17TH STREET IN, BY AND FOR THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, NEW JERSEY, APPROPRIATING AN AGGREGATE AMOUNT OF $230,000.00 THEREFORE AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $76,000.00 IN AGGREGATE PRINCIPAL AMOUNT OF BONDS OR NOTES TO FINANCE PART OF THE COST THEREOF.
Mayor David reported this a first reading of this Ordinance which is a Bond Ordinance appropriating the funding to repair No. 17th Street between Monroe Avenue and Sheridan Avenue. The aggregate amount is $230,000.00. A good portion of the funding for this project was received through a Grant from the State and this puts all of the funding in place so that we can start the work on North 17th Street. A copy of the Ordinance is in the back or you can pick one up at the Clerks Office. The second reading will be April 12, 2006, anyone who wishes to speak on this Ordinance can do so at that time.
ORDINANCE NO. 19
Introduced by Lawrence Clementi also moved its adoption
Be It Hereby Resolved: That Proposed Ordinance No. 2006-04, be and the same is hereby passed on first reading and ordered published for final hearing on April 12, 2006
Seconded by Anthony DeLuca, Jr. and on roll call unanimously carried.
MEETING OPENED TO THE PUBLIC
Kathi Fiamingo, 468 Sheridan Avenue. Inquired about broadcasting the Council Meetings. She hopes in the renovations that broadcasting the meetings will be considered. She advised that the Borough received $30,000.00 from Comcast and that would cover the cost of the equipment.
Ms. Fiamingo heard that the cost of the proposal for the renovations and the new Police Station was 5 million dollars and would like to know if that include the renovations to Town Hall and the land acquisition because in her opinion the estimate seems low.
Mayor David advised that when the Borough gets to the point of hiring an architect we will get the actual cost, the 5 million is an estimate. The Mayor advised he received the estimate from a committee of three people from Schering-Plough who have experience in constructing major facilities. George Whitman, one of the committee members who has political expertise in this field and has served as the Mayor of Dover Township, has expertise and advised the cost would be roughly $200.00 per sq. foot to construct the new facility. The Mayor consulted with other members of the league back in November and most of them advised that the price was not far off from what they would expect it to cost.
Mayor David reported that the Borough is in the process of contracting with the Union County Improvement Authority, we already have a draft contract which is being reviewed by the Borough Attorney and he will correspond with the attorney representing the Authority. Ultimately the governing body will sign the contract. After signing the contract the next step would be to hire an architect. It is our intention to hire an architect who has expertise in building public safety buildings. After we hire the architect we will start to get the true cost to the Borough.
Mr. Ron Scorese, No. 11th Street wanted the Council to know that all landlords are not bad. He had to take a tenant to court for not paying the rent. The tenant had seven charges against him charging him with an unsafe place to live. The judge realized that the tenant was making the room cold on purpose. The tenant called the Board of Health, the Building Inspector and the Plumbing Inspector on numerous occasions. The judge ruled in the landlords favor. Mr. Scorese would like the Council to keep this information in mind when they making a decision on the landlord Ordinance.
There being no further business to come before the Council, it was moved by Anthony DeLuca, seconded by Peter Corvelli and carried, that the meeting be adjourned to the call of the chair.
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