Council Minutes from 6/27/2007
 

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH  HELD ON WEDNESDAY EVENING, JUNE 27, 2007.  ACTING  MAYOR TAYLOR PRESIDED.

ROLL CALL

Roll Call at 8:00 P.M. showed the following Council Members present:   Lawrence Clementi,  Kathi Fiamingo, Robert Taylor and Fred Pugliese. Councilman Corvelli, Councilman DeLuca and Mayor Gregg David were absent.

Acting Mayor Taylor read the requirements of the Open Public Meetings Act.

The Salute to the Flag was led by Acting Mayor Taylor.

MINUTES

It was moved by Councilman Clementi, seconded by Councilwoman Fiamingo and carried that the Work Session Meeting of June 12, 2007 and the Regular Meeting of June 13, 2007 be dispensed with and approved as submitted.  (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS

1.      Letter from Daragh Kennedy, North 13th St., requesting a review of the road surface and lighting on North 13th St.

2.      Letter from Patti Stafford, 230- Faitoute Avenue expressing concern and outrage at the lack of progress in rectifying the long standing problem of erosion of the creek in back of her property.

3.      Letter from John Ferraioli, Kenilworth Health Officer, giving the status of the contaminated soil illegally dumped along the Rahway Valley Railroad right-of-way.

REPORTS

1.      Fire Department Report of calls for the month of May, 2007.

2.      Rahway Valley Sewerage Authority Meeting Minutes of May 17, 2007.

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

DEPARTMENT OF FINANCE

Councilwoman Fiamingo reported the budget has not been finalized because the State has not completed their budget and have not advised us of state aid. Estimated tax bills have gone out for third quarter taxes. The first reading of a hotel tax ordinance is on tonight’s agenda. ordinance.

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DEPARTMENT OF PUBLIC WORKS

Councilman Pugliese reported the DPW has finished conducting repairs at the 9th Street Park by putting up the tire swing and replacing the tub slide.  They have also finished painting the stop bars on the north side of town and are currently working on the south side.

DEPARTMENT OF PUBLIC SAFETY

Councilman Clementi reported the roof on the detective trailer has been replaced and hopefully the Borough will be reimbursed by FEMA.  The Police Department received a brand new mobile trailer from FEMA at a cost of around $150.00 which will be housed at our Civil Defense Building.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

 

Councilman DeLuca was absent. Councilman Pugliese advised  the Governing Body received recommendations for the retention of the Traffic Study and the Planner bids and we are requesting  those two entities to submit the cost for the entire job, they previously gave  hourly costs..

DEPARTMENT OF RECREATION AND FIRE

Councilman Corvelli was absent.  Acting Mayor Taylor reported that the Summer Recreation Program has started this week.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Taylor reported the Library conducted the first two of it’s Focus Groups. They are in the process of doing a needs assessment.  Throughout the summer they will be conducting

Focus Groups with local businesses and senior citizens which will allows the Library to better utilize their services.  The Tricky Tray has been scheduled for August 9, 2007 at Schering Plough. The Library is seeking donations for items to be given away at the Tricky Tray. The Library has also kicked off the Summer Reading Program and they have had a great turnout of children. The Board of Health has looked into illegal dumping at the Rahway Valley right of way and has referred the matter to the Borough Attorney.

BILLS

Consolidated Bill List appears on the following pages.  (copy attached)

 

CONSENT AGENDA

Resolutions No. 1 thru 13 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.

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

 

ORDINANCES AND RESOLUTIONS

RESOLUTION NO. 1

Be It Hereby Resolved:   That all bills be paid when properly audited and funds are available

RESOLUTION NO. 2

Resolution appears on the following page.  (A Resolution authorizing the Mayor and Municipal Clerk of the Municipality of Kenilworth to execute an agreement with the County of Union to modify the Interlocal Services Agreement dated December 15, 1974, and as amended.

RESOLUTION NO. 3

Be It Hereby Resolved:  That the attached list of Retirees be reimbursed for their payments for Medicare coverage from January 1, 2007 through June 30, 2007 inclusive, in accordance with Chapter 231, P.I. 1970 State of New Jersey.

RESOLUTION NO. 4

Whereas, the Borough of Kenilworth held a Tax Sale on May 24, 2007 for delinquent 2006 taxes, and a tax lien was purchased by Michael Mastellone on property located at 312 Roosevelt Lane and known as Block 99 Lot 4, 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 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 #07-00008 by the collector of taxes.

Michael Mastellone

P.O. Box 109

Cedar Knolls, NJ   07927

Redemption Amount

$5,267.65

Premium

$12,100.00

RESOLUTION NO. 5

Be It Hereby Resolved:  That the contract with S.B.P. Industries, P.O. Box 1829, Rahway, NJ, for EMERGENCY GENERATOR SERVICE AT THE MUNICIPAL BUILDING be renewed for a one year period from August 1, 2007 to July 31, 2008 at a total cost of $812.23.

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RESOLUTION NO. 6

Be It Hereby Resolved:   That Christopher A. Barry be appointed as a probationary firefighter.

RESOLUTION NO. 7

WHEREAS, Kenilworth Veteran’s Center, Inc., t/a Kenilworth Veteran’s Center applied for renewal of its Club License No. 2008-31-017-001 for a one year period commencing July 1, 2007; and

WHEREAS, said applicant has tendered the proper license fees to the Borough Clerk and proof has been received that the applicant has paid the proper filing fee to the Division of Alcoholic Beverage Control; and

WHEREAS, the Chief of Police and the Kenilworth Board of Health have reviewed the application and approved of the same.

NOW, THEREFORE, BE IT RESOLVED that the Club License of Kenilworth Veteran’s Center be renewed and granted for license year 2007-2008.

RESOLUTION NO. 8

WHEREAS, Danuta and Leszek Daszykowski are the owners of Block 120, lot 14, 626 Kingston Avenue, Borough of Kenilworth, Union County, NJ, and;

WHEREAS, Danuta and Leszek Daszykowski paid all of 2006 taxes on the aforementioned block and lot; and

WHEREAS, lot 14 is now known as lot 14.01 per Paul Parsons, the Tax Assessor;

NOW THEREFORE 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 warrants for refund as stated below.

Block                       Lot                 Payable to:                                                 Amount

           

             120                             14               Danuta & Leszek Daszykowski                  $  128.43

                                                                    626 Kingston Avenue

                                                                    Kenilworth, NJ   07033

RESOLUTION NO. 9

 

Whereas, an emergent condition has arisen with respect to adoption of the 2007 Annual

 

Budget and no adequate provision has been made in the 2007 Temporary Appropriations

 

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 2007 pursuant to the

 

provisions of Chapter 96,P.L. 1951 (N.J.S. 40A:4-20) including this resolution total

 

$4,163,702.33

             
                 
 

Now, Therefore, Be It Resolved (not less than two-thirds of all the members thereof

 

affirmatively concurring) that in accorance with the provisions of N.J.S. 40A:4-20:

                 
 

1.  An emergency temporary appropriation be and the same is hereby made for salaries

 

    & wages and other expenses appropriations in the amount  $273,893.00

                 
 

2.  That said emergency Temporary appropriation be provided for the 2007 budget

 

      under the title of:  Various line items.

     
                 
                 
                 

ACCOUNT #

 

ACCOUNT NAME

 

FROM

 

TO

           

 

   

Salaries & Wages

             

703

 

Mayor and Council

 

 $       1,024.00

 

 $       2,000.00

715

 

Engineering

   

 $     15,000.00

 

 $     20,000.00

729

 

Fire Subcode Official

 

 $       6,000.00

 

 $       7,000.00

765

 

Streets & Roads

   

 $   350,000.00

 

 $   400,000.00

761

 

Senior Citizen Transportation

 

 $       9,000.00

 

 $     10,000.00

790

 

Adm. Public Assistance

 

 $       6,000.00

 

 $       7,500.00

757

 

Prosecutor

   

 $       5,000.00

 

 $       7,500.00

833

 

Municipal Court

   

 $     75,000.00

 

 $     85,000.00

                 

Other Expenses

             

701

 

Clerk

   

 $     20,000.00

 

 $     30,000.00

705

 

Financial Admin.

   

 $     12,000.00

 

 $     15,000.00

770

 

Solid Waste Collection

 

 $     37,500.00

 

 $     50,000.00

772

 

Buildings & Grounds

 

 $     20,000.00

 

 $     30,000.00

762

 

Sr. Citizen Director

 

 $       5,000.00

 

 $       6,000.00

800

 

Maint. Free Public Library

 

 $   134,583.00

 

 $   250,000.00

837

 

Contribution to S.S.

 

 $   100,000.00

 

 $   150,000.00

                 
                 
           

 $   796,107.00

 

 $1,070,000.00

 

 

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RESOLUTION NO. 10

Be It Hereby Resolved:   That the Borough Council of the Borough of Kenilworth appoint Gregg F. David as Kenilworth’s representative on the Rahway Valley Sewerage Authority for an unexpired term from July 1, 2007 to February 1, 2008.

Be It Further Resolved that a certified copy of this Resolution be forwarded to the Secretary of State of New Jersey with the appropriate filing fees.

RESOLUTION NO. 11

Be It Hereby Resolved:  That the following is a revision of Resolution #14, dated June 13, 2007

naming Summer Playground workers.

               Replacing Lisamarie Madonia with Cory Stryker as of June 25, 2007.

           

RESOLUTION NO. 12

WHEREAS,  the Borough Council of the Borough of Kenilworth seeks to enter into an Interim Cost Agreement with Harold Abrams and 690 Wainwright Street Company (collectively “Owner”) for studies related to certain real property located within the Borough of Kenilworth; and;

WHEREAS, the Owner desires to revitalize said property in accordance with the Redevelopment Law; and

WHEREAS,  THIS interim Cost Agreement will provide for funding from the Owner for all costs incurred by the Borough in connection with the preparation of certain traffic and planning studies required by the Borough to determine the feasibility of any proposed redevelopment of the property; and

NOW, THEREFORE, BE IT RESOLVED  by the Borough Council of the Borough of Kenilworth that the Mayor be and hereby is authorized to execute an Interim Cost Agreement with the Owner in a form to be approved by the Borough Attorney for the purposes as set forth above.

RESOLUTION NO. 13

WHEREAS, the Borough  Council has introduced Ordinance Number 2007-08, entitled ‘AN ORDINANCE OF THE BOROUGH OF KENILWORTH TO AMEND AND SUPPLEMENT CHAPTER 163 ‘SITE PLAN REVIEW’ TO INCLUDE ESCROW DEPOSITS FOR REVIEW OF DEVELOPMENT APPLICATIONS BY PROFESSIONALS”,  and

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WHEREAS, the Borough Council seeks to amend Subsection 15 of  Chapter 163 entitled “Review of development applications, professional fees; escrow deposits” ; and

NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Kenilworth that it hereby refers proposed Ordinance 2007-08 to the Borough Planning Board for review and written recommendation pursuant to N.J.S.A.  40A:55D-64; AND

BE IT FURTHER RESOLVED,  the Borough Planning Board shall issue a written report with its recommendation on the proposed Ordinance; and

BE IT FURTHER RESOLVED,  that upon receipt of the recommendation of the Planning Board, the Borough Council will notice a hearing on the proposed Ordinance regarding its adoption.

Proposed Ordinance No. 2007-07 was read for the first reading as follows: (Copy attached)

                                                                        2007-07

ORDINANCE OF THE BOROUGH OF KENILWORTH AUTHORIZING THE IMPOSITION OF A MUNICIPAL HOTEL AND MOTEL OCCUPANCY TAX AS AUTHORIZED BY P.L. 2003,C.114

Acting Mayor Taylor reported this is something the Governing Body has been looking into for quite a while and it should generate addition revenue.  The second reading is scheduled for  a Special Meeting on July 25, 2007 and anyone wishing to speak on this Ordinance can do so at that time.

 

RESOLUTION NO. 14

Introduced by Kathi Fiamingo who also moved its adoption.

Seconded by Lawrence Clementi

Be It Hereby Resolved:   That Proposed Ordinance No. 2007-07 be and the same is hereby passed on first reading and ordered published for final hearing on July 25, 2007. Upon roll call four in favor.

Proposed Ordinance No. 2007-08 was read for the first reading as follows: (Copy attached)

                                                            2007-08

ORDINANCE OF THE BOROUGH OF KENILWORTH TO AMEND AND SUPPLEMENT CHAPTER 163 “SITE PLAN REVIEW” TO INCLUDE ESCROW DEPOSITS FOR REVIEW OF DEVELOPMENT APPLICATIONS BY PROFESSIONALS.

Acting Mayor Taylor stated that the title of the Ordinance describes what the intention behind the ordinance is. The second reading is scheduled for a Special Meeting on July 25, 2007 and anyone wishing to speak on this Ordinance can do so at that time.

 

 

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RESOLUTION NO. 15

Introduced by Lawrence Clementi, adoption by same.

Seconded by Robert Taylor

Be It Hereby Resolved:   That Proposed Ordinance No. 2007-08 be and the same is hereby passed on first reading and ordered published for final hearing on July 25, 2007. Upon roll call, four in favor.

GENERAL BUSINESS

Councilwoman Fiamingo commended the Centennial Committee for a fun and exciting parade and picnic.  She specifically commended Shirley Maxwell Boyden, Jerry Ramos and Rudy Cammarota. She stated it was great to see all the residents come out for the parade.

Councilman Clementi stated that he attended the Centennial Golf Outing last Wednesday at Galloping Hill. The weather was great, the food was wonderful and golfers received an assortment of prizes.  The event was well attended by about 80 participants.  He thanked Mike Wojcio and Livio Mancino for all their efforts.

Councilman Pugliese thanked the Knights of Columbus and everyone else  who marched in the parade. 

Acting Mayor Taylor commended the Centennial Committee for all the hard work  and many months of planning the committee did throughout the past year to put the parade and picnic

together. He stated that it was very satisfying to see so many Kenilworth residents come out to see the parade and enjoy the picnic. He also stated the Centennial Fireworks are this Sunday, July 1st at Brearley High School.  You can view the fireworks from Harding School or Brearley parking lot.  

MEETING OPENED TO THE PUBLIC

Bob Herbert, 363 Coolidge Avenue -  Mr. Herbert stated the Pride in Kenilworth will be selling 24 inch glow necklaces at the Fireworks. Mr. Herbert asked the Mayor and Council to pass an Ordinance banning X rated video stores. The Council stated that they believe Kenilworth has an Ordinance prohibiting X-Rated video stores. 

Barbara Morison, 716  Vernon Avenue – Mrs. Morison, on behalf of the Senior Citizens, thanked the Mayor and Council for the Handyman Program which is overseen by Councilman Corvelli  and the Seniors Recreation Program which is overseen by Paulette Drogan. Last week Paulette

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hosted a wonderful picnic for the seniors and she also has quite a few programs for seniors. Ms. Morison stated that she believes Kenilworth has one of the most active Senior Citizen groups in Union County.  Ms. Morison stated that Borough employees which include DPW, Library, Borough Hall girls and the Board of Health are very pleasant and helpful. 

Mike Padula, 610 Cranford Avenue – Mr. Padula asked if any progress has been made on the erosion of the creek that runs through the Borough.   He stated that he heard the creek was going to be dregged. He stated each year the creek gets worse.  Mr. Padula asked if the County was involved financially in fixing the creek. Acting Mayor Taylor stated the County is not involved.  Mayor Taylor stated that the project went out to bid twice and unfortunately the bids were too high and it was not in the Boroughs best interest to go forward at that price. The Borough is in the process of reconfiguring the bid specs and hopefully when they send out the new bids we will receive a bid that will be within the amount of money the Borough spend.

There being no further business to come before the Council, it was moved by Councilwoman Fiamingo, seconded by Councilman Clementi and carried, that the meeting be adjourned to the call of the chair. All in favor

8:23 P.M.                                                                                 Respectfully submitted,

                                                                                                Hedy Lipke, Borough Clerk  



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