Council Minutes from 4/9/2008
 

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH  HELD ON WEDNESDAY EVENING, APRIL 9, 2008.  MAYOR KATHI FIAMINGO PRESIDED.

ROLL CALL

Roll Call at 8:00 P.M. showed the following Council Members present:  Salvatore Candarella,  Anthony DeLuca, Brian Joho, Fred Pugliese and Toni Sosnosky.  Lawrence Clementi was 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 Candarella, seconded by Councilwoman Sosnosky, and carried that the minutes of the Work Session Meeting of March 25, 2008 and the Regular Meeting of March 26, 2008 and the Special Work Session of April 2, 2008 be dispensed with and approved as submitted.  (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS

1.      Letter received from Dorothea Krihak, Friends of Black Brook Park, announcing a Tree Planting Event, sponsored by the County, at Black Brook Park on Tuesday, April 15th beginning at 9 A.M. and asking for volunteers.  The Friends of Black Brook Park support this event where shrubs are to be planted around Shallcross Pond.

REPORTS

1.      Police Department Report for the month of March, 2008

2.      Construction Department Report for the month of March, 2008.

3.      Borough Clerk’s Report for the month of March, 2008.

4.      Rahway Valley Sewerage Authority Meeting Minutes of February 21, 2008.

It was moved by Councilman Joho, seconded by Councilman Candarella 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 Union County Teen Art Showcase is being held on Wednesday, April 16, 2008, 7:00 PM at the Union County Performing Arts Center, Rahway.  David Brearley Jazz ensemble  and the Theater ensemble will be performing at the event.  If anyone is interested they should go and support our teens at the event.  Mayor Fiamingo asked if anyone was interested in serving on the Americans With Disabilities Act Advisory Board.  She is going to appoint 3 individuals and if there is anyone out there who would like to serve on that board, please contact the Mayor.  Union County is having a tree planting at Black Brook Park.  Dorothy Krihak,  from Friends of Black Brook Park is requesting anyone that is interested in helping out with the tree planting to go to the park on Tuesday, April 15th at 9:00 am and to be prepared to get your hands dirty and help them plant shrubs around the pond in order to reduce soil erosion.  The Mayor stated she received a letter from Mr. Bradley at Union Township enclosing a report relative to the Firing Range.  She has not yet had a chance to

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review the letter as she just recently received the letter. She will review the letter and report back to council. She said her interest is in maintaining the safety of our citizens.

DEPARTMENT OF FINANCE

Councilman Joho stated that over the past 13 weeks the Finance Committee has been working on formulating the budget for 2008.  The goal was to maintain municipal services and adhering to the mandated state spending caps. We have had meetings with Department Heads, the Borough Auditor and Finance Officer as well as Mayor and Council.  After receiving the proposed budgets from the Department Heads we were over the state mandated budget cap and tax levy caps so we asked the Department Heads to provide a 10% cut to their proposed 2008 budgets.  For most departments this means less funding then appropriated in 2007. The Finance Committee introduces the 2008 Municipal Budget today.  The municipal portion of the budget has a 10 point increase from the prior years budget.  Based on our budget and the estimated Union County budget and a proposed School Board Budget, we are figuring a 14 point increase in taxes or about $250.00 on a $175,000.00 assessed home value.  After a loss of State Aid,  based on the State’s proposed budget, increases in costs associated with the Rahway Valley Sewerage Authority, pensions, insurance and salaries among many other non- discretionary cost that have increased.  He stated the final outcome is an accomplishment. He stated the major line items and the increases on those and coupled with the loss of State Aid created a 1.1 million change from 2007 that we had to absorb in this budget.  Councilman Joho thanked the Borough Department Heads for their cooperation in formulating their budgets as well as the time and effort of Nancy Nichols of our Finance Department as well as his counterparts on the Finance Committee, Councilman Clementi and Councilman Candarella. He said their jobs do not end here, they will continue on the Capital Plan for 2008 and also continue to seek cost savings and efficiencies within the municipality.  The municipal budget will be open for public comment at the May 14th meeting.

DEPARTMENT OF PUBLIC WORKS

Councilwoman Sosnosky reported that curbside grass pick up started on Tuesday, April 1, 2008 and will be picked up every Tuesday thru October.  General household clean up will begin on Wednesday, April 16th for the north side of town and Wednesday, April 23rd for the south side of town.  She asked residents to please check the 2008 Information Guide and that will let you know what should be placed at curbside.  She said residents can also call the Department of Public Works at 908-276-5073.

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese reported that during the month of March the Kenilworth Police Officers attended a total of 45 hours of training in the fields of Officer Liability, which essentially means to keep them and, in turn the Borough of Kenilworth, out of lawsuits.  They also received training in SWAT and Emergency Response Team and Field Sobriety.  He said that in continuing to keep our residents involved, the Police Department is attempting to rejuvenate the Neighborhood Watch Program. This is a program where residents act as an extra set of ears and eyes for the Police Department.  If anyone is interested in becoming a block captain to organize your neighbors they should contact Detective Tim Dowd or Detective Jim Grady at Police Headquarters.  He said you can also call the Police Department at 908-276-1700 or Chief

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Dowd at 908-276-1705. Councilman Pugliese stated that on March 13th various representatives of the Borough including the Mayor, Chief Dowd, Lt. Grady and DPW Superintendent Dan Ryan met with various representatives of the County of Union to deal with various issues in the Borough.  The main issue that was discussed was the milling and paving of the Boulevard which will be from Dorset Drive to Michigan Avenue.  The Mayor and the Chief have requested that the repaving of the Boulevard take place during nighttime hours to lessen the inconvenience to our residents.  Part of that project the County will provide new street signs along the Boulevard and will also provide the Borough with some assistance regarding the water problem that exists at the corner of Epping Drive and the Boulevard.  They will also be painting new School Crossing Signs on Monroe and Washington Avenues.  He stated that yesterday at around noon there was an armed robbery at Wachovia Bank.  A lone actor entered the bank, brandished a gun and demanded money.  The suspect fled across the street behind the supermarket, disrobed and eluded capture.  He is described as a black male, late 30’s with a slender to medium build.  The Union County Sheriff’s Department and FBI assisted the Kenilworth Police Department in conducting the investigation.  At this point in time the investigation is continuing and the suspect remains at large.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES    

Councilman Candarella reported that all is good in the Construction Department this month.  He received a letter from a citizen complimenting Bob Herbert, our Zoning Officer.  He quoted two sentences from the letter “It is nice to know an official that takes pride in his work.  He was empathetic yet fair to the neighbor in allowing some time to clean up”.  The Handyman Program is still going strong.  He is doing outside work due to the nice weather.  He said he received two proposals for the Master Plan and they seem to be giving the Borough the same service.  One is quite a bit more expensive then the other and they are waiting for the third proposal which should be coming this week.  Once he receives the third proposal he will report back.  The Planning Board does not have any cases listed this month.

DEPARTMENT OF RECREATION AND FIRE

Councilman Clementi was absent.  The Mayor commented that the Little League had their parade this past week end. She said it was a nice traditional event.  She thanked the parents and volunteers who made the field in such wonderful shape. She said many other municipalities are very envious of our little league field.  She said that on the agenda tonight there is a Resolution to allow the Recreation Department to have a Dedication Trust by Rider.  They are planning a number of events and attempting to raise a little bit of money from the Community to better provide some services to the children.  There is an outdoor movie planned and it is very expensive and they are trying to defer expenses for the municipality.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman DeLuca reported that on May 4th from 11:00 am to 4:00 pm the Fire House will be having their second annual open house.  He said it is basically for the children and they can come and see the trucks, play with the hoses and play fireman.  There will be a flyer going around town soon.  At 7:00 PM on May 2nd the Library will present “The Report of My Death” which is a one-man docudrama about the life of Mark Twain by a New Jersey playwright.  Registration will be in person at the Library or by calling 908-276-2451 during regular Library

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hours.  On May 3rd, Rick the Butterfly Guy will be at the Library from 11:00 to 12:00.  This is a program for the kids.  On April 25th the Library will host the Shakespearean Bard on the Boulevard.  This program is being held in the Library.  Residents can always go on www.kenilworthnj.org where all the events are posted. He encouraged everyone to visit the library.  On Saturday, April 19th there is going to be a car wash and clothing drive to benefit the Tim Carbone Memorial Scholarship Fund.  The car wash is $5.00 and will be from 9:00 am to 2:00 pm and the clothing drop off will be from 9:00 am to 1:00 pm.  If you cannot drop off the clothes you can call Josephine at 908-298-1094.  Councilman DeLuca reminded the residents that April 15th is the School Board Elections.  He stated that last year there were about 600 people who voted and that was a very poor showing and less then 10% of the residents came out to vote.  He said the budget counts for more than 50% of the taxes, it would behoove residents to be a more informed citizen and to go out and vote to show support for or against the budget.  He said it is a zero budget and he encouraged everyone to get out and vote.

ORDINANCES

Proposed Ordinance No. 2008-08 was read for the first reading as follows: (Copy attached)

                                                       ORDINANCE NO. 2008-08

CALENDAR YEAR 2008

ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS

AND TO ESTABLISH A CAP BANK

(N.J.S.A. 40A: 4-45.14)

Mayor Fiamingo stated this is a first reading on a resolution that establishes a cap bank and to exceed the municipal budget appropriation limits.  This is a complicated situation relative to the caps that are imposed on our budgets.  The second reading will be held on May 14, 2008.

RESOLUTION NO. 1

Introduced by Brian Joho, adoption by same.

Seconded by Fred Pugliese

Be It Hereby Resolved:   That Proposed Ordinance No. 2008-08 be and the same is hereby passed on first reading and ordered published for final hearing on May 14, 2008.

Roll Call:  Candarella voted yes, DeLuca voted yes, Joho voted yes, Pugliese voted yes and Sosnosky voted yes.

 

 

 

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RESOLUTION NO. 2   -   2008 Municipal Budget

Introduced by Brian Joho who also moved its adoption

Seconded by Sal Candarella

Borough Clerk, Hedy Lipke stated that the following statements of revenues and appropriations shall constitute the Municipal Budget for year 2008. Said budget will be published in the Cranford Chronicle issue of April 18, 2008.  The Governing Body of the Borough of Kenilworth has hereby approved the following as the budget.  The hearing will be on May 14, 2008. The total 2008 budget amount is 13,386,653.33.  The amount to be raised by taxes is 9, 592,871.00.

Recorded Vote: Councilman Candarella voted yes, Councilman Joho voted yes, Councilman DeLuca, Jr. voted yes, Councilman Pugliese voted yes, Councilwoman Sosnosky voted yes. Councilman Clementi was absent.

Mayor Fiamingo stated the Budget Hearing will be held on May 14, 2008, comments are welcome at that time.  Copies of the budget are in the Clerk’s office.

BILLS

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

 

CONSENT AGENDA

Resolutions No. 3 thru 14 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 Candarella moved that all items under Consent Agenda be approved, seconded by Councilwoman Sosnosky.   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

AUTHORIZING INCREASE IN DEFERRED SCHOOL TAXES

  FOR LOCAL SCHOOL AND REGIONAL HIGH SCHOOL TAXES

WHEREAS, the Division of Local Government Services requires that the Governing 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 of Kenilworth at this time,

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NOW, THEREFORE, BE IT RESOLVED by the Governing Body that the following Deferred School Taxes be hereby increased for the year ended December 31, 2007 as follows:

                   Deferred Local

              School Taxes 

Amount Deferred 12/31/2007                                 $7,547,259.50

Amount Deferred 12/31/2006                              7,213,971.00

            $333,288.50

BE IT FURTHER RESOLVED by the Governing Body that a certified copy of this resolution be filed with the Director of the Division of Local Government Services.

Adopted this 9th day of April, 2008, and certified as a true copy of an original.

RESOLUTION NO. 5

Requesting approval of the Director of the Division of Local Government

Services to Establish a Dedicated Trust by Rider

For the Kenilworth Recreation Programs pursuant to NJSA 50:27D-119 et seq.

And N.J.A.C 5:23-4.12

WHEREAS, permission is required of the Director of the Division of Local Government Services for approval as a dedication by rider of revenues received by a municipality when the revenue is not subject to reasonable accurate estimates in advance, and

WHEREAS, N.J.S.A. 50:27D-119 et seq. and N.J.A.C 5:23-4.12  allows municipalities to receive amounts for costs incurred for the Kenilworth Recreation Programs, and

WHEREAS, N.J.S.A. 40A:4-39 provides that the Director of Division of Local Government Services may approve expenditures of monies by dedication by rider,

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Kenilworth, County of Union, State of New Jersey as follows:

1.      The Mayor and Council hereby request permission of the Director of the Division of

Local Government Services to pay expenditures for the Kenilworth Recreation Programs as per N.J.S.A 40A:4-39.

2.      The Municipal Clerk of the Borough of Kenilworth is hereby directed to forward two certified copies of this resolution to the Director of the Division of Local Government Services.

 

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RESOLUTION NO. 6

Be It Hereby Resolved:   That the contract for “Indoor Air Quality Inspection and Proactive Monitoring Program Services” be awarded to Health Buildings International, Inc. HBI Mid-Atlantic Region, 76 South Orange Avenue, Suite 107, South Orange, NJ 07079, at  a cost of $2,041.00

Be It Hereby Resolved:   That the Mayor be authorized to sign said Contract.

RESOLUTION NO. 7

 

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

 
 

$2,046,068.00.

               
                     
 

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  $1,239,845.00.

 
                     
 

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

 
 

      under the title of:  Various line items.

         
                     
                     
 

ACCOUNT #

ACCOUNT NAME

   

FROM

 

TO

 
             

 

     
 

720

 

Planning Board

   

 $       1,450.00

 

 $       1,750.00

 
 

745

 

Police

     

 $     75,000.00

 

 $   100,000.00

 
 

746

 

Police Traffic

   

 $     10,000.00

 

 $     20,000.00

 
 

796

 

Celebration of Public Events

 

 $       1,000.00

 

 $       2,000.00

 
 

430

 

Utilities

     

 $   100,000.00

 

 $   150,000.00

 
 

821

 

Street lighting

   

 $     32,000.00

 

 $     50,000.00

 
 

836

 

Contribution to PERS

   

 $                -  

 

 $   119,367.00

 
 

837

 

Contribution to SS

   

 $     52,416.00

 

 $     75,000.00

 
 

839

 

Contribution to PFRS

   

 $                -  

 

 $   567,637.00

 
                     
                     

April 9, 2008               

Salary & Wages

             

Page 8

 
 

705

 

Financial Administration

 

 $     43,333.00

 

 $     52,000.00

 
 

710

 

Tax Asessor

   

 $       6,691.00

 

 $     10,000.00

 
 

715

 

Engineering

   

 $     17,500.00

 

 $     25,000.00

 
 

725

 

Construction Code

   

 $     15,000.00

 

 $     20,000.00

 
 

745

 

Police Department

   

 $   707,943.00

 

 $1,000,000.00

 
 

746

 

Police Traffic

   

 $     46,856.00

 

 $     75,000.00

 
 

753

 

Fire Prevention

   

 $     11,661.00

 

 $     17,000.00

 
 

765

 

Streets & Roads

   

 $   198,245.00

 

 $   250,000.00

 
 

770

 

Solid Waste Collection

 

 $     47,830.00

 

 $     55,000.00

 
 

761

 

Senior Citizen Transportation

 

 $       4,790.00

 

 $       5,500.00

 
 

785

 

Board of Health

   

 $     19,406.00

 

 $     25,000.00

 
 

833

 

Municipal Court

   

 $     39,288.00

 

 $     50,000.00

 

RESOLUTION N0. 8

Whereas, Senate Bill 1455 calls for a referendum to consolidate the municipal tax assessor, municipal tax collector, municipal health services and municipal animal control services at the county, and;

Whereas, Senate Bill 1455 does not give the municipality any option if the county voters cast a majority to consolidate, and;

Whereas, consolidation would cause unnecessary hardship on citizens who rely on the municipal tax office for information and assistance, particularly the community’s senior citizens who depend on tax offices for assistance in completing tax freeze and rebate forms.  Without proper study there is no proof that consolidation will save any public money, and;

Whereas, Senate Bill 1455 calls for a master plan for the consolidation of the tax assessment and tax collection functions after enactment of the proposal thus failing to provide voters with a factual basis on which to make a decision on the referendum, and;

Whereas, current state statutes place responsibility for tax assessment and tax collection under municipal jurisdiction, and;

Whereas, it is the municipalities responsibility to collect all property taxes due and distribute same to the other taxing authorities, as well as enforcing laws on delinquents, and;

           

Whereas, current statute provide for the reserve for uncollected taxes to be included in the municipal budget;

Now, therefore, be it Resolved, that the governing body of the Borough of Kenilworth does hereby oppose the passage and enactment of Senate Bill 1455.

Be it Further Resolved, that a certified copy of this resolution be sent to Senate President Richard Cody, Senator Ronald Rice, Chairman of the Community & Urban Affairs Committee and Senator Raymond Lesniak representing this district as a sign of our opposition to this proposal.   

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RESOLUTION NO. 9

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

                       

                       

                        #926  Kenilworth Rotary Club for an On-Premise 50/50 Raffle on May 9, 2008 at the Kenilworth VFW, 33 South 21st St., Kenilworth.

                        #927  Kenilworth Rotary Club for an On-Premise Casino Night on May 9, 2008 at the Kenilworth VFW, 33 South 21st St., Kenilworth.

RESOLUTION NO. 10

RESOLUTION ENDORSING AN INCREASE IN STATE POLICE SURCHARGES TO FUND STATE BUDGET SHORTFALLS IN LIEU OF RELIANCE UPON LOCAL PURPOSE TAX INCREASES

WHEREAS, Governor Jon S. Corzine’s proposed Fiscal Year 2009 budget identifies a shortfall in New Jersey State Police funding; and

WHEREAS, the administration plans to start charging municipalities for State Police services, and doing so would negatively affect municipal budgets and thus require municipalities to raise local purpose taxes, and

WHEREAS, the aforementioned proposed budget calls for cuts in municipal aid which also would require municipalities to raise local purpose taxes, and

WHEREAS, Directive 15 from the governor also requires municipalities to meet new security requirements in their courts, resulting in additional capital expenditures in municipal budgets while no state funding offsets are provided, and

WHEREAS, on February 22, 2007, many mayors, other elected and appointed municipal officials met with the Attorney General and State Police offering a solution to the State Police budget shortfall namely, increasing surcharges on fines levied by the State Police, and

WHEREAS, P.L. 2007, c.335 (C. 39:2A-36.1) allows the Motor Vehicle Commission governing Board to increase the surcharges listed in that statute, and

WHEREAS,  charging those who violate state statures would fund the State Police Budget shortfall in lieu of relying on New Jersey property taxpayers is a sensible solution to address the problem, and

WHEREAS, on March 19, 2008, mayors, elected and appointed officials met again with the Governor’s Deputy chief of Staff other members of the administration, and the State Police, reiterating this fair solution, and recommended that the administration set the appropriate

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surcharge rates that would cover the shortfall, as well as that monies collected may also be returned to communities to cover additional court security expenses.

THEREFORE BE IT RESOLVED, that the Governing Body of the Borough of Kenilworth, County of Union, hereby resolves that it endorses the sensible solution proposed-to raise surcharges on motor vehicle fines rather than rely on New Jersey property tax payers to fund any State Police shortfall,

AND BE IT FURTHER RESOLVED, that copies of this resolution be sent to the Governor, the members of the State Legislature, and the New Jersey League of Municipalities.

RESOLUTION NO. 11

2007 TONNAGE GRANT APPLICATION

WHEREAS,  The Mandatory Source Separation and Recycling Act, P.L. 1987, c. 102, has established a recycling fund from which tonnage grants may be made to municipalities in order to encourage local source separation and recycling programs; and

WHEREAS,  It is the intent and the spirit of the Mandatory Source Separation and Recycling Act to use the tonnage grants to develop new municipal recycling programs and to continue and expand existing programs; and

WHEREAS,  The New Jersey Department of Environmental Protection has promulgated recycling regulations to implement the Mandatory Source Separation and Recycling Act; and

WHEREAS,  The recycling regulations impose on municipalities certain requirements as a condition for applying for tonnage grants, including but not limited to, making and keeping accurate, verifiable records of materials collected and claimed by the municipality; and

WHEREAS,  A resolution authorizing this municipality to apply for such tonnage grants for 2003 will memorialize the commitment of this municipality to recycling and to indicate the assent of the Mayor and Council of the Borough of Kenilworth to the efforts undertaken by the municipality and the requirements contained in the Recycling Act and recycling regulations; and

WHEREAS,  Such a resolution should designate the individual authorized to ensure the application is properly completed and timely filed.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Kenilworth that the Borough of Kenilworth hereby endorses the submission of the recycling tonnage grant application to the New Jersey Department of Environmental Protection and designates Public Works Superintendent Daniel Ryan to ensure that the application is properly filed; and

BE IT FURTHER RESOLVED that the monies received from the recycling tonnage grants be deposited in a dedicated recycling trust fund to the used solely for the purposes of recycling.

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RESOLUTION NO. 12

GARDEN STATE MUNICIPAL JOINT INSURANCE FUND

INDEMNITY AND TRUST AGREEMENT AND RESOLUTION

TO RENEW MEMBERSHIP

WHEREAS, a number of local governmental units in the State of New Jersey have joined together to form a Joint Insurance Fund as permitted by the Chapter 372 Laws of 1983 (40A:10-36); and

WHEREAS, the status and regulations governing the creation and operation of a Joint Insurance Fund contain elaborate restrictions and safeguards concerning the safe and efficient administration of the public interest entrusted to such a Fund; and

WHEREAS, the Governing Body of the Borough of Kenilworth has determined that renewal of membership in the Garden State Joint Insurance Fund (hereinafter referred to as the “Fund”) is in the best interests of itself and its citizen; and

WHEREAS, the Governing Body of the Borough of Kenilworth has previously executed a resolution to join the Garden State Joint Insurance Fund subject to the acceptance of its assessment;

NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of Kenilworth (hereinafter referred to as the “Municipality”) does hereby resolve and agree to renew its membership in the Fund for a period not to exceed three (3) years (2009, 2010 & 2011) for the purpose of establishing the following types of coverage:

*Workers’ Compensation and Employer’s Liability;

*General Liability including law enforcement and public officials liability;

*Motor vehicle liability;

*Property damage (buildings, contents, equipment)

BE IT FURTHER RESOLVED, that the Municipality has never defaulted on claims and has not been canceled for nonpayment of insurance premiums for a period of at least two years prior to the adoption of this Resolution; and

BE IT FURTHER RESOLVED that  the Mayor is authorized and directed to execute the Indemnity and Trust Agreement and such other documents signifying membership in the Fund and to deliver same to the Executive Director of the Fund with the express reservation that said document shall become effective only upon approval by the New Jersey Department of Insurance and the Department of Community Affairs.

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RESOLUTION NO. 13

RESOLUTION CONFIRMING CONSENT FOR THE

EXPANSION OF THE UNION BAPTIST CHURCH

WHEREAS, the Union Baptist Church which is located at 350 Sheraton Avenue, within the Borough of Kenilworth made application for a front yard setback and a parking variance from the Planning Board for the Borough; and

WHEREAS, the Planning Board in application 298-1 unanimously approved the application for the variances but sought to impose upon the church an obligation for the applicant to negotiate with the Borough for a new lease as to the adjacent public right-a-way ; and

WHEREAS, the Union Baptist Church has provided a Certificate of Insurance and agree to indemnify the Borough of Kenilworth for any accident(s) that may occur within the right-of-way as a result of church activities; and

WHEREAS, the Borough of Kenilworth by its Mayor and Counsel recognize the outstanding contribution that the church has made to the community of Kenilworth:

NOW, THEREFORE, BE IT RESOLVED on this 9th day of April, 2008 that the Borough of Kenilworth by its Mayor and Counsel deem that the Union Baptist Church has met the conditions precedent set forth by their Resolution so as to remove any Municipal impediment to the Church from making application(s) to the Construction Department of the Borough of Kenilworth for the construction permits required to construct the addition specified in their plans submitted to the Planning Board as part of application 298-1; and

BE IT FURTHER RESOLVED, that the Mayor and Counsel express their thanks and appreciation to the Reverend John H. Smith and the Parishioners of the Union Baptist Church for the service they are providing to the community and wish them future success in their new expanded facilities; and

BE IT FURTHER RESOLVED, that a copy of the resolution be published in the Star Ledger and posted within the Borough’s Municipal Building. 

RESOLUTION NO. 14

Be It Hereby Resolved:   That Borough Attorney Harvey Fruchter be authorized to begin “in rem” foreclosures of various properties.

RESOLUTION NO. 15

Introduced by Councilwoman Sosnosky who also moved its adoption

Seconded by Councilman Joho

Be It Hereby Resolved: 

WHEREAS the following property was issued a permit and fees were received by the Building Department.

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WHEREAS it was determined that the permit was not necessary for the work being done.

NOW, THEREFORE BE IT RESOLVED that the treasurer be and is hereby authorized to draw a warrant to refund the following amount.

                        Amount of $141.00 to the owner

                       

                                                                                        Salvatore Candarella

                                         320 North 21st Street

                                         Kenilworth, NJ  07033

                        For the following permit:   #08-00065

                                                                             Block 17, Lot 20

ROLL CALL:  Councilman Candarella abstained, Councilman DeLuca voted yes, Councilman Joho voted yes, Councilman Pugliese voted yes and Councilwoman Sosnosky voted yes.

Proposed Ordinance No. 2008-05 was read for the second and final reading as follows: (Copy appears in minutes of March 13, 2008)

Ordinance 2008-05

AN ORDINANCE TO ADD SECTION 190-3.1 ENTITLED “POLICE VEHICLE ACCESS ZONE” TO THE CODE OF THE BOROUGH OF KENILWORTH

Mayor Fiamingo said this is a second reading on an Ordinance that permits the police vehicles to stop on the side of the Police Station on South 23rd in order to more easily access the building.  This was in response to a request by the police that there be a specific designated spot for them to pull up and do their business and then leave. 

Mayor Fiamingo opened the meeting to the public on Ordinance No. 2008-05. She stated that if anyone had any comments on Ordinance 2008-05 to step forward, state their name and address for the record.

Seeing on one. Mayor Fiamingo closed the meeting on Ordinance No. 2008-05.

RESOLUTION NO. 16

Introduced by Fred Pugliese who also moved its adoption.

Seconded by Brian Joho

Be It Hereby Resolved:   That Proposed Ordinance No. 2008-05 be and the same is hereby passed on second and final reading and ordered published according to law.

Roll Call:  Candarella yes, Joho yes, DeLuca yes, Pugliese yes and Sosnosky yes.

 

Regular Council Meeting – April 9, 2008                                                                        Page 14

 

GENERAL BUSINESS 

 

Mayor Fiamingo reported the Beautification Committee will be having a spring clean up and planting around town.  She said there was a fall planting last year. This spring clean up will be April 27, 2008 at 8:00 a.m. in front of Borough Hall.  Anyone who wants to help spread mulch or plant some flowers and do planting up and down the Boulevard, your help will be greatly appreciated.  She thanked John Hartman from J & J Landscaping who is going to be providing the mulch free of charge to the Borough.  She said the Boulevard looked very nice last year when the work was done right before our Centennial Parade.  The Mayor stated that she was at a Chamber of Commerce Meeting this morning and Officer Grady did a presentation on the Neighborhood Watch.  She commented that a few years back her neighbor started the Neighborhood Watch in her neighborhood and unfortunately she moved away and no one else stepped up to the plate to be the Block Captain.  She said this is a very good program and everybody helps to keep their eyes and ears open for everyone else in their neighborhood.  She encouraged anyone who is interested to take a step forward and be willing to start the Neighborhood Watch in their neighborhood. 

 Councilwoman Sosnosky said she would like to take this opportunity to provide the residents with a summary of her first three months in office as chair of the Department of Public Works.  She said she took a hands-on attitude and visited the Department of Public Works, learning about the responsibilities and duties and talking with the Superintendent, Foreman and crew. She asked many questions and made a tour of the facility.  She said she saw a need for areas of improvement. 1) She developed and put in place a Department of Public Works Trouble Log which expedites the communication between our residents and the DPW providing a better service to our community.  This log is used when our residents call with a concern, a trouble or a question. The goal is to maintain a two hour turn around time. 2) The main door to the DPW did not provide our employees, especially if an employee is there alone, with a way to see who is at the door before opening it.  She had the existing door modified with the installation of a window for the safety and security of our employees. 3) She noticed in the yard a large pile of about ten light poles that appeared to be rotting.  In her opinion it appeared to be a hazard ecologically and probably a physical hazard as well.  With the cooperation of, and thanks to, the Little League members Bob Herbert and Frank Locarerra and their team, the light poles were removed. 4) A complaint from a resident via a news reporter, was a request for assistance of a flooding problem that fell on deaf ears.  I told the reporter I had no knowledge of the problem and I would take care of it immediately.  She contacted the resident and apologized on behalf of the Department of Public Works and assured the resident that it would be taken care of first thing in the morning.  She contacted Superintendent Ryan and told him she needed a crew at 7:00 am at the problem location.  She also responded to ensure that this was handled in a professional manner.  The resident was grateful for such a swift and successful response. 5) She requested and received a tour of the Police Department and Fire Department. She thanked Police Chief Dowd and Fire Chief Giordano for the education tour of their departments. 6) She assisted the Mayor and Council in getting the video photographer for the council meetings at an affordable price to the Borough.  7) She introduced to Mayor and Council the idea of ID cards for all Borough employees and with their approval, was able to move forward with this effort. She worked with the Union County  Police Department Shared Services with the assistance of County Officers Steven Caruso and Scott Pentz and approval of Union County Police Chief Vaniska, she was able to get these cards to our Borough.  She thanked the aforementioned officers and especially Chief Vaniska.  In conclusion she said that she has been a resident for almost 19 years and she came to love Kenilworth and as Councilwoman she will do her best to

Regular Council Meeting – April 9, 2008                                                                        Page 15

make the Borough better than ever.  She said sometimes you have to take a stand and make  decisions that are not popular but that comes with the job and that’s OK. She said that at all times her goal is to make Kenilworth a better place for the residents.  

Councilman Pugliese stated that Dorothy Krihak from the Friends of Black Brook Park sent a letter stating there will be a planting event on April 15th at 9:00 am at Shallcross Pond. He encouraged anyone who has the time to participate and volunteer their time. He thanked the Friends of Black Brook Park for supporting the event and volunteering their time.

Councilman Joho congratulated the Cutting Crew Hair Salon on celebrating their 20th Anniversary in the Borough.

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

MEETING OPENED TO THE PUBLIC

Herb Michitsch, 725 Monmouth Avenue – Mr. Michitsch asked for clarification on the increase and whether it was 10 points or 14 points?  Mayor Fiamingo explained that with the County increase, the overall increase to the Borough. She said all together a 14 point increase, taking into account what the Borough believes what the County’s increase will be and the minor amount from the school. Mr. Michitsch stated the School Budget is going to go down. Mayor stated it is a zero tax increase. Mr. Michitsch said the funds to be raised by taxes is the same as last year.  The Mayor answered that is correct.  She believes it may be a dollar or two.  Mr. Michitsch asked when he could pick up a copy of the budget? The Mayor responded by stating he can pick one up in the Clerk’s Office tomorrow.

John Bury, 417 North 15th Street – Mr. Bury asked if all the Departments that were asked to cut 10% of their budgets did so?  Mayor Fiamingo stated that will be discussed  in more depth on May 14th.  She said every department cut 10% and some cut 10% below what they had from last year and some cut 10% off what their requests were.  She said everybody was cut. Mr. Bury stated he thought that was a lot and he asked if there was anything noticeable that the residents would miss. Mayor Fiamingo stated no services would be effected by the cuts.

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

There being no further business to come before the Council it was moved by Councilman Pugliese, seconded by Councilwoman Sosnosky 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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