Council Minutes from 3/26/2008
 

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH  HELD ON WEDNESDAY EVENING, MARCH 26, 2008.  MAYOR KATHI FIAMINGO PRESIDED.

ROLL CALL

Roll Call at 8:00 P.M. showed the following Council Members present:  Salvatore Candarella,  Brian Joho, Fred Pugliese and Toni Sosnosky.  Councilman Clementi and Councilman DeLuca were absent.

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

The Salute to the Flag was led by Mayor Fiamingo

MINUTES

It was moved by Councilman Joho, seconded by Councilman Candarella, and carried that the minutes of the Work Session Meeting of March 11, 2008 and the Regular Meeting of March 12, 2008 and the Joint Meeting Minutes with the Kenilworth Board of Education on March 17, 2008 be dispensed with and approved as submitted.  (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS

1.      Notification received from NJDEP that Kenilworth will receive $8,234.12 for a 2008 Clean Communities Grant.

2.      Report from Rich LoForte on activities of the Rahway Valley Sewerage Authority during the first two months of this year.

3.      The Little League Parade and Opening Day Ceremony will be on Saturday, April 5th at 1:00 P.M. (raindate:  Sunday, April 6th)

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

 

REPORT OF COMMITTEES

Mayor Fiamingo reported the council  had a joint meeting with the Board of Education.  They briefly gave a presentation regarding their proposed budget for this upcoming school year beginning July 1, 2008.  The good news is that the budget does not call for a  tax increase to the residents. 

The Mayor also stated she has the finalized request for qualifications for architects and it is on the Kenilworth Web Site.  She stated any architect or firm that is interested may apply to the Clerk for the full request for qualifications. The advertisement will be going into the newspaper at the end of next week.

DEPARTMENT OF FINANCE

Councilman Joho reported the Finance Committee met yesterday with the auditor and Finance Officer to re-review the proposed budget figures after the latest round of revisions.  This included the 10% cut they had asked the Department Heads to implement in order to bring the

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budget within the State’s tax levy and spending caps.  The auditor presented the preliminary figures to Mayor and Council at last nights Work Session outlining the Boroughs standing to date and providing insight on how they will be situated going into 2009.  Mayor and Council  have scheduled a special budget work session on April 2, 2008 to discuss some final decisions after everyone has had the opportunity to review and digest the information provided to date.  We intend to introduce the budget at the April 9, 2008 Council Meeting. This is the first year the State’s mandatory spending caps are in effect which  have posed a challenge during the budget process.  Our ultimate goal is to produce a fiscally responsible budget and also maintain the quality of municipal services in spite of the loss of State Aid.

DEPARTMENT OF PUBLIC WORKS

Councilwoman Sosnosky reported the DPW is still continuing their regular maintenance of the Borough.  They have been removing curbside brush removal, cleaning the sanitary sewer lines and working on the potholes.

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese reported the Kenilworth Police Department is looking for volunteers for the Union County Domestic Violence Response Team.  Volunteers will be trained to provide crisis response to the Kenilworth Police Department to victims of domestic violence.  To provide support they will be trained in safety planning, emotional support and will be given information regarding referrals to legal advocacy groups and other County and State support services. Anyone interested in this program should contact the Kenilworth Police Department or Diva Dadia at the YWCA at (908-355-1500 Ext. 18). If anyone has any questions, they may contact Chief Dowd.  In order to be eligible you must have a valid drivers license and background checks will be performed.  Training classes will begin on April 3, 2008 at 6:00 PM at the YWCA of Union County which is located at 215 North Avenue, Cranford.  Councilman Pugliese reported, in response to a residents request,  the Walk/Don’t Walk signal at the corner of the Boulevard and Michigan Avenue was looked at by a traffic engineer from Jen Electric and Lt. Grady.  They checked the timing sequence and according to the traffic engineer there is adequate time for those who are crossing to complete their journey.  He said there should be 8 seconds of “ Walk” followed by 16 seconds of blinking red, which gives a total of 24 seconds before the blinking red light stops and turns permanent red.  The engineer said this is sufficient time for residents and the elderly to reach the other side of the street. He advised that on January 5, 2007 there was a burglary in a Kenilworth household.  Thereafter the resident came home and intruded on the bugler and was assaulted by the burglar.  After a police chase the suspect eluded the police. Thereafter Detectives Timothy Dowd and Fred Soos conducted an investigation and with the assistance of the FBI Task Force they executed a warrant.  He said Detective Dowd and Soos are to be commended on their performance on this case.  After 15 months the long arm of the law has caught up with Mr. Naid and he is currently being held at the Union County Correctional Facility.  The Kenilworth Police Department has received two separate checks totaling $15,751.00 from the County Prosecutors Office as a result of loaning officers to the various task forces that are available.  The County Prosecutors ask for

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assistance from local municipalities to see if they can loan some of their officers to tasks forces such as narcotics and auto theft.  Councilman Pugliese stated he is in favor of lending officers to these task forces if it is feasible.  He said it provides training and experience to our officers that they might not otherwise get in the Borough of Kenilworth.  He stated there was concern expressed at the last meeting regarding School Crossing signs on Washington and

Monroe Avenues.  Chief Dowd inquired with the engineering department at Union County and they indicated they would provide that service to the Borough in the summer months. 

DEPARTMENT OF PLANNING, ZONING & ORDINANCES    

 

Councilman Candarella reported he is continuing to move forward on the proposal for the new Master Plan.  They have two and are trying to compare them.  They have a meeting tomorrow evening for a third proposal. Once they get all three, he will report back and will try to work with each engineering company to figure out who is going to give us the best service for the best price.  He said all is well in the Construction Department and the Handyman Program.  He applauded the Little League for the renovations they did on the field over the last couple of weeks.  They worked with our engineer, to regrade and spruce up the whole area.

DEPARTMENT OF RECREATION AND FIRE

Mayor Fiamingo stated Councilman Clementi is absent.  She said the Little League will be having opening day ceremonies on April 5, 2008 with the raindate on April 6, 2008.  The parade will begin from St. Theresa’s parking lot at 1:00.  She said the Little League has been making some very nice renovations and the field is beautiful and the envy of many little leagues throughout the county.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman DeLuca was absent. Mayor Fiamingo stated on April 2, 2008, Tom Perrotta will be at the Senior Citizen Center to discuss his novel “Little Children”.  The documentary series will begin on Monday, March 31st. Bard on the Boulevard will begin at the end of April inside the Library.  Anyone who needs more information should go on the library Web Site.  She said if you want to go to the Tom Perrotta reading there is limited seating and you should sign up as soon as possible. The Mayor said the County will be paving the Boulevard this summer and the chief has requested the County to do the improvements at night in order not to disturb businesses and traffic on the Boulevard. The Borough has not heard back from them but they are considering this proposal.  She said the Borough has a good relationship with the County Engineering Department and the Police Department.

BILLS

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

 

CONSENT AGENDA

Resolutions No. 1 thru 6 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 Candarella 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 N0. 2

Be It Hereby Resolved:  That the Borough Clerk be authorized to issue the following                  Raffle Licenses:

                       

                        #922  St. Theresa’s Church for On-Premise Games of Chance on August 18th thru 23rd 541 Washington Avenue, Kenilworth.

                        #923  St. Theresa’s Church for On-Premise Nightly 50/50 Raffles August 18, 2008 thru August 23, 2008 at 541 Washington Avenue, Kenilworth.

                        #924  St. Theresa’s Church for an Off-Premise Super 50/50 Raffle on August 23, 2008 at 541 Washington Avenue, Kenilworth.

                        #925 Brookside Place School PTA for an On-Premise for a Tricky Tray Raffle on April 18, 2008 at the VFW, 33 South 21st St., Kenilworth, NJ

RESOLUTION NO. 3

Be It Hereby Resolved:   That the contract for “Preventative Maintenance for the Elevator at the Kenilworth Fire Department” be awarded to ZIP SYSTEMS, INC., 38 Old Camplain Road, Suite 2, Hillsborough, NJ 08844-4295, for a two year period from March 26, 2008 to March 25, 2010 at a cost of $160.00 per month, $1,920.00 per year.

Be it Further Resolved that pursuant to N.J.A.C. 5:34-5.1 et seq., Local Public Contracts Law, the required Certificate of Availability of Funds has been obtained from the Chief Finance Officer of the Borough of Kenilworth.  The appropriation to be charged for this expenditure is Fire Department-Maintenance of Other Equipment:  8-01-25-749-152.

RESOLUTION NO. 4

A RESOLUTION OPPOSING S-770 AND A-1645 MANDATING THE APPOINTMENT OF A QUALIFIED PURCHASING AGENT AND THE ATTENDANT REORGANIZATION OF BOROUGH OF KENILWORTH PURCHASING FUNCTIONS.

WHEREAS, The Borough of Kenilworth strongly supports the employment of the best purchasing practices to not only ensure compliance with the numerous state statutes governing public procurement but also to obtain the most favorable pricing for required services and products; and

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WHEREAS, The Borough of Kenilworth encourages and allows its employees to receive continuing education courses and frequent training to remain relevant of new statutes, changes in regulations and best practice procedures which encourage proper cost effective purchasing; and

WHEREAS, the Legislature has before it bills, S-770 and A-1645, endorsed by the Purchasing Officials and no other statewide local government organization that would significantly impact on the operation of purchasing function by requiring the reorganization of the purchasing function into a separate office not under the direct supervision of the local unit’s administrator, manager, CFO and other official; and

WHEREAS, The Borough of Kenilworth has not experienced any challenges or crisis in purchasing procedures that warrants imposing this unfunded mandate upon local governments and questions what existing problem(s) it purports to fix; and

WHEREAS, The Borough of Kenilworth takes exception to this unfunded state mandate which represents an intrusion into the management prerogatives of local officials to organize purchasing functions that are in the best interests of resident taxpayers; and

WHEREAS, S-770 and A-1645 will not reduce the cost of the municipal operation nor lead to better purchasing activities; rather these unfunded mandates will, in all probability, lead to higher personnel costs in the future given the mandates contained therein; and

WHEREAS, It is unconscionable for the Legislature to impose another unfunded mandate during a time when Mayors and governing body members are focused on proposed budget cuts that will result in increased property taxes and the curtailment of services to residents.

NOW, THEREFORE, BE IT RESOLVED, that the governing body of the Borough of Kenilworth in the County of Union

  1. Opposes S-770 and its companion bill A-1645 as an unfunded state mandate with no new or additional capabilities to assist towns in improving purchasing activities and in all possibility will lead to future cost increases.
  1. Opposes S-770 and its companion bill A-1645 which change an existing option afforded local units into an unfunded mandate to appoint a qualified purchasing agent.
  1. Certified copies of this resolution be forwarded to Governor Jon Corzine, Raymond Lesniak, Assemblyman Joseph Cryan and Neil Cohen and the NJ League of Municipalities.

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RESOLUTION NO. 5

Whereas, an emergent condition has arisen with respect to adoption of the 2008 Annual

Budget and no adequate provision has been made in the 2008 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 2008 pursuant to the

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

$906,223.00.

             
                 

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 salaries

    & wages and other expenses appropriations in the amount $43,739.00..

 
                 

2.  That said emergency Temporary appropriation be provided for the 2008 budget

      under the title of:  Various line items.

       
                 
                 

ACCOUNT #

ACCOUNT NAME

 

FROM

 

TO

           

 

   

715

 

Engineering

   

 $    9,450.00

 

 $  17,500.00

733

 

Group Insurance

   

 $347,112.00

 

 $375,000.00

762

 

Senior Citizen Director

 

 $             -  

 

 $    1,000.00

788

 

Dog & Cat Regulation

   

 $    2,949.00

 

 $    4,000.00

821

 

Street Lighting

   

 $  26,250.00

 

 $  32,000.00

                 

RESOLUTION NO. 6

Be It Hereby Resolved:   That TIMOTHY HOFFMAN, INC. be hired to provide QUALIFIED REAL ESTATE APPRAISAL SERVICES for the Borough of Kenilworth relating to a Tax Appeal at a cost not to exceed $8,800.00.

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Proposed Ordinance No. 2008-03 was read for the second and final reading as follows: (Copy appears in minutes of  February 27, 2008)

2008-03

ORDINANCE AMENDING KENILWORTH CODE-ZONING

CHAPTER 197, ARTICLE III, SUBSECTION 197-25

                        (TEMPORARY MOBILE HOMES/TRAILERS AND STORAGE UNITS)

Mayor Fiamingo stated this is a second reading on an Ordinance that essentially allows for the placement of temporary storage units such as PODS for a limited period of time not exceeding 30 days.  Mayor asked if anyone has any comments on this Ordinance to please step forward, state their name and address for the record.

Livio Mancino, 102 North 24th St. – Mr. Mancino asked if his house burned down and he needed an on-site trailer would that be covered in this ordinance?  Mayor Fiamingo stated the original Ordinance had a provision relative to temporary trailers, Sub Section A and that was not changed by this amendment. The Mayor said this ordinance adds a provision relative to temporary storage units (PODS) where people store furnishings. Mr. Mancino asked the Mayor to make sure the insurance carrier will extend its coverage to the PODS.  

Mayor Fiamingo asked if anyone else wished to speak on this Ordinance.  Seeing no one, she closed the hearing on Ordinance 2008-03.

RESOLUTION NO. 7

Introduced by Sal Candarella, adoption by same

Seconded by Fred Pugliese

Be It Hereby Resolved:   That Proposed Ordinance No. 2008-03 be and the same is hereby passed on second and final reading and ordered published according to law.

Roll Call Vote: Candarella yes, Joho yes, Pugliese yes and Sosnosky yes.  Four in favor.

Proposed Ordinance No. 2008-04 was read for the second and final reading as follows: (Copy appears in minutes of  February 27, 2008)

2008-04

AN ORDINANCE TO ADDRESS STORMWATER CONTROL IN CHAPTER 159 OF THE CODE OF THE BOROUGH OF KENILWORTH SO AS TO ENACT STORMWATER CONTROL REGULATIONS

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Mayor Fiamingo stated this is a second reading on an Ordinance to enact storm water control.  It is an amendment to the Zoning Ordinances that are amended every year.  The Planning Board made these proposals for adoption and we are making a revision to the ordinance.  The Mayor asked if anyone wished to comment on this ordinance to please step forward, state their name and address for the record.

Seeing no one the Mayor closed the hearing on Ordinance 2008-04.

 

RESOLUTION NO. 8

Introduced by Sal Candarella adoption by same.

Seconded by Fred Pugliese.

Be It Hereby Resolved:   That Proposed Ordinance No. 2008-04 be and the same is hereby passed on second and final reading and ordered published according to law.

Roll Call Vote: Candarella yes, Joho yes, Pugliese yes and Sosnosky voted yes. Four in favor.

RESOLUTION NO. 9

Introduced by Sal Candarella adoption by same.

Seconded by Fred Pugliese

            Be It Hereby Resolved:  That the Stormwater Management Plan and the Stormwater Control Ordinance No. 2008-04 revised as of January by PMK Group be formally adopted by the Governing Body of the Borough of Kenilworth in accordance with Storm Water Management rule N.J.A.C. 7:8-4

The Borough Clerk advised that they are holding Resolution No. 10 until the next meeting because they do not have enough votes.  They need four votes for any money transactions and there are only three council people that can vote on this resolution. 

Proposed Ordinance No. 2008-06 was read for the first reading as follows: (Copy attached)

2008-06

ORDINANCE AMENDING CHAPTER 91-1 OF THE CODE OF THE BOROUGH OF KENILWORTH (FIREWORKS AND FIREARMS)

Mayor Fiamingo stated this is a first reading of an Ordinance which would provide for a fee of $25.00 for fingerprinting and processing by the Police Department.  This was a recommendation by the Chief of Police.  The second reading for this Ordinance will be on April 23, 2008 at which     time comments from the public will be welcomed.

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RESOLUTION NO. 11

Introduced by Fred Pugliese, adoption by same.

Seconded by Sal Candarella.

Be It Hereby Resolved:  That Proposed Ordinance No. 2008-06 be and the same is hereby passed on First Reading and ordered published for final hearing on April 23, 2008.

Roll Call:  Candarella yes, Joho yes, Pugliese yes and Sosnosky yes.  Four in favor.

Proposed Ordinance No. 2008-07 was read for the first reading as follows: (Copy attached)

2008-07

ORDINANCE AMENDING CHAPTER 91-4 OF THE CODE OF THE BOROUGH OF KENILWORTH (POLICE FINGERPRINTING-FEES)

Mayor Fiamingo stated this is a companion ordinance to 2008-06.  It is for fingerprinting except for children under the age of 12, except for identification purposes.  The second reading for this Ordinance will be on April 23, 2008 at which time comments from the public will be welcomed.

 

RESOLUTION NO. 12

Introduced by Fred Pugliese, adoption by same.

Seconded by Sal Candarella.

Be It Hereby Resolved:  That proposed Ordinance 2008-07 be and the same is hereby passed on first reading and ordered published for final hearing on April 23, 2008.

Roll Call:  Candarella yes, Joho yes, Pugliese yes and Sosnosky yes. Four in favor.

 

GENERAL BUSINESS 

 

Mayor Fiamingo reported the New Jersey Monthly Magazine has rated Kenilworth #66 in the best places to live in New Jersey out of 566 municipalities.  She said that more interesting is that we are #6 in Union County out of 21 towns.  She stated she is very proud of Kenilworth.  The Mayor said that today the Borough received two awards from the Garden State Municipal Joint Insurance Fund Safety Committee. One is the 2007 Safety Achievement Award for program and risk control results. This award is due in large part to the Safety Officer, Hedy Lipke and our Borough employees.  The second award was for No Loss Time claims for 2007 which means we had no claims that resulted in lost time.  She thanked the employees for their cooperation and help in maintaining a good safety record.

Councilman Pugliese commended the Recreation Department for a good job at the Easter Egg Hunt.  They had a good turnout and he said his son enjoyed the hunt.

Motion was made by Councilman Joho to open the meeting to the public. Motion was seconded by Councilwoman Sosnosky.

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MEETING OPENED TO THE PUBLIC

Mary Michitsch, 725 Monmouth Avenue – Mrs. Michitsch said the reading on April 2nd is at the Senior Citizen Center and not at the Library.  She asked if the Girl Scout property was going up

because people have been surveying the property.  The Mayor said she does not know anything about that. 

Livio Mancino, 102 North 24th Street – Mr. Mancino said he appreciated Councilman Pugliese’s research into the School Crossing signs on Monroe and Washington and for the traffic signal at the Boulevard and Michigan.  Mr. Mancino stated the School has done something for Jesse Boyden and he thinks the Governing Body should also do something for the outstanding job he and the entire team has done. He said Jesse has brought honor to our community. 

Mr. Mancino asked the if the Borough advertised for their new insurance program. He also reminded the Mayor that he had previously asked if there were any funds left in the Capitol Projects.

George Lodato, 437 North 15th St. – Mr. Lodato asked why No Parking signs were put up in front of his house. He said he does not see any problems with the traffic, fire trucks and garbage trucks come up and down the street with no problem. He measured the street and it is 27 ft. wide and the turn is 30 ft. wide. He said he put in $800.00 worth of curbing and he cannot park in front of his house.  He said the sign was put up inbetween two parking spots. He said there is not enough room to park between the sign and the driveway. He said he received a ticket because he was 2 ft. into the sign.  He submitted pictures.  Mayor Fiamingo stated she is not familiar with the ordinance and she said they have not passed anything recently but she will look into the situation and get back to him. 

Joe Grimaldi, 34 North 14th Street – Mr. Grimaldi asked if there was any progress with the bicycle safety issue that he mentioned at a prior meeting.  He observed some children tonight that did not have helmets or reflectors and it was very dangerous.  He asked if the Borough would re institute the safety program.  Mayor Fiamingo stated she asked Lt. Grady and unfortunately a few years back he tried to implement the program but there was very little interest and only a few kids showed up.  Mr. Grimaldi suggested they run the program in conjunction with the school.  Mayor said she will look into that.  Mr. Grimaldi said there was a police escorted motorcycle 100 mile ride that is being held in Ledgewood, New Jersey at Legends Harley Davidson on May 18, 2007.  Anyone interested can access the web site at www.legendsharley.com  The proceeds will go to the military personnel who are being deployed this year to Iraq on Fathers Day. He asked that maybe some of the police officers might be interested. 

John Bury, 417 North 15th Street – Mr. Bury said he did not see a need for the no parking sign on North 15th Street.  He asked how the signs were put up without the Mayor and Council knowing about them?  Mayor Fiamingo said that it either had to have been a traffic regulation already on the books and the signs came after.  She stated the Council has not taken any action in the last three months relative to this situation. She stated she will look into it.  Mr. Bury asked who physically put the signs up.  Mayor answered the Traffic Department.  Chief Dowd stated the signs were put up accordance with State Statue Parking within a intersection.  He said it came about because of complaints from the DPW when they plowed the street and the Fire

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Department who checked it out and said it was a safety hazard to get the fire truck down the street. 

Motion was made by Councilwoman Sosnosky, seconded by Councilman Candarella to close the meeting to the public.

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

8:40 P.M.                                                                                 Respectfully submitted,

                                                                                                Hedy Lipke, Borough Clerk  

 

 



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