Council Minutes from 6/10/2009
 

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH  HELD ON WEDNESDAY EVENING, JUNE 10, 2009.  MAYOR KATHI FIAMINGO PRESIDED.

ROLL CALL

Roll Call at 8:00 P.M. showed the following Council Members present:  Brian Joho, Scott Klinder, Kevin Leary, Jr., Fred Pugliese and Toni Sosnosky.  Sal Candarella 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 Joho, seconded by Councilwoman Sosnosky, and carried that the minutes of the Work Session Meeting of May 26, 2009 and the Regular Meeting of May 27, 2009  be dispensed with and approved as submitted.  (Copies furnished each Council Member prior to the meeting.)

PRESENTATION

Mayor Fiamingo presented a check to two representatives from David Brearley High School for Project Graduation. The Mayor said Paulette Drogon is the coordinator for the Municipal Alliance and the Chairperson is John Zimmerman.

COMMUNICATIONS AND PETITIONS:

  1. Letter from the Kenilworth Planning Board approving the adoption of Ordinance No. 2009-11 regarding minor sub-divisions.

REPORTS

1.    Police Department Report for the month of May, 2009

2.    Construction Department Report for the month of May, 2009

3.    Borough Clerk’s Report for the month of May, 2009.

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

 

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REPORT OF COMMITTEES

 

Mayor Fiamingo reported a letter has been sent to the architects,  EI Associates relative to the Governing Body’s decision to delay or defer the construction of the public safety building because of the economic  conditions.  She also reported that final approval of the sub division of the properties at  North 18th and 19th Streets was granted by the Planning Board on June 4th.   The Council is working on a schedule for the auction of the property and that will be advertised.

The Mayor said on tonight’s agenda is a resolution making a submission to the DOT for grant money for improvement along North 8th Street and along the Boulevard for sewer drains that will improve the drainage from 8th Street down to Rahway River.  She said the engineer is hopeful that by putting in additional drainage it will alleviate some of the problems in that area of town.

She said a new program was instituted called “The Roadside Assistance Program” . This program enables the Borough  to identify some streets that don’t require significant reconstruction but do require repairs.  We have asked for bids for a couple of streets such as North 22nd Street.  These streets are not in great shape but they do not require complete reconstruction.  We can do this at a reduced cost by using the Roadside Assistance Program.

The Mayor said the deadline for submitting the Property Tax Rebate for senior citizens has been extended from June 21, 2009 to August 17, 2009, which allows for some additional time to make your submissions if you are eligible for these programs.

DEPARTMENT OF FINANCE

Councilman Joho said the Finance Committee discussed at the Work Session Meeting last night the Capital Projects for 2009 and there will be more to follow on those items. He said whether the economy is good or bad we still have to maintain the infrastructure and replace worn out equipment and having a capital plan in place spreads those expenditures out over years instead of trying to fix and replace everything at once.

DEPARTMENT OF PUBLIC WORKS

Councilwoman Sosnosky had nothing to report.

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese reported the Kenilworth Police Department participated in the “Click It Or Ticket” campaign which ended in late May.  The campaign consisted of strict enforcement of seat belt laws as well as check points for same.  As a result of the campaign, 140 summons were issued for seatbelt violations as well as an additional 90 summons for other miscellaneous violations and one drug arrest.  Residents are reminded that it only takes  two seconds to buckle up and those two seconds could save your life.  He said this past Saturday the Silver Card Association, along with the Kenilworth PBA and Schering Plough sponsored the annual Fishing Derby at Black

Regular Council Meeting – June 10, 2009                                                         Page 3

 

Brook Park. Schering Plough stocks Black Brook with catfish and bass and other fish. The children engage in a competition of who catches the biggest fish and prizes are

awarded. Prizes are donated to the derby by Schering Plough. He said it was a well organized event and the children enjoyed themselves.  He said where else can you get a hot dog, a cup of coffee and a dozen worms for $4.00?.  He thanked Schering Plough, the Silver Card Association and the PBA.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman Candarella was absent.  The Mayor said there is a second reading of an Ordinance on minor subdivisions to be discussed later in the meeting.

DEPARTMENT OF RECREATION AND FIRE

Councilman Leary reported that Friday night is Movie Night at David Brearley Football Field.  Pop Warner will sell food and refreshments.  The movie will start at approximately 9:00 PM.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

 

Councilman Klinder reported the library will sponsor “Bard On The Boulevard” on Thursday, June 25th at 7:30 at the David Brearley Football Field and they will be presenting A Winter’s Tale. He said Applebee’s will be sponsoring “Dinning to Donate”.  He said if you go to Applebee’s  on June 29th, July 27th or August 17th, 10% of your bill will go to the Friends of the Kenilworth Library.  

BILLS

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

 

CONSENT AGENDA

Resolutions No. 1 thru 15 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 Joho moved that all items under Consent Agenda be approved, seconded by Councilwoman Sosnosky.  Upon roll call the vote was unanimous.

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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

Be It Hereby Resolved:      

WHEREAS, a fee has been collected for a bingo application in the amount of $20.00 and,

WHEREAS, the application has been found not to be used.

NOW, THEREFORE, BE IT RESOLVED that the Treasurer be authorized to

draw a warrant in the amount of $20.00 payable to the order of:

                                   

Steven Benko

42 Commonwealth Drive

Kenilworth, NJ  07033

RESOLUTON NO. 3

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

                       

                       

                  #956  Newark Archdiocese Council of Catholic Women an Off-Premise 

Merchandise Raffle on December 5, 2009 at Kenilworth Inn, Kenilworth,        NJ.            

Regular Council Meeting – June 10, 2009                                                         Page  5

RESOLUTION NO. 4

Be It Hereby Resolved:  That the contract for “Towing Services for the Borough of Kenilworth” be awarded to L&J Body & Fender Works, 720 Boulevard, Kenilworth, NJ, for a one year period from June 1, 2009 to May 31, 2010.

RESOLUTION NO. 5

WHEREAS, the voters of Union County overwhelmingly voted in favor of the Union County Open Space, Recreation & Historic Preservation Trust Fund in November 2000; and

WHEREAS, Union County Board of Chosen Freeholders established the Trust Fund creating local funding opportunities in previous years; and

WHEREAS, the 2009 Chairman’s Initiatives called for another “Greening Union County” grant program, a tree planting program that seeks to plant new trees throughout Union County; and

WHEREAS, through “Greening Union County”, every tree purchased by the Borough of Kenilworth will be matched by Union County, tree for tree and dollar for dollar; and

WHEREAS, through “Greening Union County”, a forestry professional will provide the installation and a one-year maintenance guarantee for every tree purchased; and

WHEREAS, the Borough of Kenilworth wishes to apply to the Union County Trust Fund through the “Greening Union County” grant program for the purchase and installation of 10 trees (total) to be planted throughout Kenilworth; and

WHEREAS, the Borough of Kenilworth will match the “Greening Union County” grant program dollars in the amount of $866.00; and

WHEREAS, the Borough of Kenilworth will use the Trust Fund dollars in accordance with such rules and regulations governing the grant program.

NOW, THEREFORE, the Governing Body resolves that Mayor Kathi Fiamingo or the successor to the office of Mayor is hereby authorized to:

(a)  Make application for the grant

(b)  Provide additional application information and furnish such documents as may be required

(c)  Act as the authorized correspondent of the above named applicant

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RESOLUTION NO. 6

Be It Hereby Resolved:  That the contract with S.B.P. Industries, 1301 New Market Avenue, South Plainfield, NJ 07080, for EMERGENCY GENERATOR SERVICE AT THE MUNICIPAL BUILDING be renewed for a one year period from August 1, 2009 to July 31, 2010 at a total cost of $860.00.

Certification of Funds:

Date:

Appropriation:

Treasurer:

RESOLUTION NO. 7

Be It Hereby Resolved:   By the Governing Body of the Borough of Kenilworth that:

WHEREAS, BUTTERNUT CAFÉ, LLC, t/a BOULEVARD FIVE 72 applied for renewal of its Plenary Retail Consumption License No. 2008-33-013-010 for a one year period commencing July 1, 2009; 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 has reviewed the application and approved of the same; and

WHEREAS, special conditions were annexed to the applicant’s license as of this renewal period.

           

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Kenilworth that Plenary Retail Consumption License No. 2008-33-013-010 of  572 Holding Company t/a Tosca be renewed for a one year period commencing July 1, 2009, subject however to the following condition:

            “That the sidewalk Café Area be closed at 11:00 P.M. Sunday through Thursday and 12:00 A.M. on Friday and Saturday.”

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RESOLUTION  NO. 8

 WHEREAS, Galmayo, Inc. t/a Blackthorn applied for renewal of its Plenary Retail Consumption License No. 2008-33-006-007, for a one year period commencing July 1, 2009; 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; and

WHEREAS, special conditions were annexed to the applicant’s license when Expanded

            Premise was granted on July 2, 2001; and

WHEREAS, the facts which led this Governing Body to impose such special conditions have continued;

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Kenilworth that Plenary Retail Consumption License No. 2008-33-006-007 of Galmayo, Inc. t/a Blackthorn, be renewed for a one year period commencing July 1, 2009, subject however to the following conditions on the licensed premises:

1.    Occupancy on the deck area shall not exceed 145 persons.

2.    No permanent or portable service bars shall be allowed on the deck area.  All alcoholic

beverages shall be served by waiters or waitresses.

3.    The deck area must be closed to patrons by 12:30 A.M., except on Thursday, Friday, and

Saturday evenings when said closing shall be at 1:00 A.M., at which time the consumption

of alcohol on the deck area shall be prohibited.

4.    No music or other form of entertainment may be played, broadcast or conducted on or over

the deck area after 12:30 A.M.

5.    Operating months for the deck area shall be from April 15th  through October 15th.

6.    Deck area allowed to be open March 17th (St. Patrick’s Day).

Regular Council Meeting – June 10, 2009                                                         Page  8

RESOLUTION NO. 9

WHEREAS, The Michigan Pub of Kenilworth, Inc. t/a The Michigan Pub applied for renewal of its Plenary Retail Consumption License No. 2008-33-005-006 for a one year period commencing July 1, 2009; 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 has reviewed the application and approved of the same; and

WHEREAS, special conditions were annexed to the applicant’s license when a Person to Person Transfer was granted on February 12, 2003; and

           

WHEREAS, the facts which led this Governing Body to impose such special conditions have continued;

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Kenilworth that Plenary Retail Consumption License No. 2008-33-005-006 of The Michigan Pub of Kenilworth, Inc. t/a The Michigan Pub be renewed for a one year period commencing

July 1, 2009, subject however to the following condition:

            “That live entertainment is prohibited at this location, 303 South Michigan Avenue.”

RESOLUTION NO. 10

WHEREAS,  Ross Brothers II, LLC, t/a  Ross Brothers Bar and Liquors, applied for renewal of its Plenary Retail Consumption License No. 2008-33-003-007, for the one year period commencing July 1, 2009; 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;

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

WHEREAS,  special conditions were annexed to the applicant’s license when it was last renewed for a one year period commencing July 1, 2009; and

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WHEREAS, the facts which led this Governing Body to impose such special conditions have continued; and

WHEREAS,  by reason of the nature of the applicant’s business and its clientele, patrons leaving the licensed premises have continued to create a nuisance on neighboring streets and properties by reason of loud and raucous noise and litter substantially interfering with the peace, quiet, and rights of those residing in the neighborhood and adjoining property owners; and

WHEREAS,  said situation will continue to exist unless certain special conditions are maintained upon the applicant; and

WHEREAS,  the Governing Body has heretofore notified the applicant of its intention to impose this additional condition and afforded the applicant an opportunity to be heard concerning the same;

NOW, THEREFORE, BE IT RESOLVED  by the Governing Body of the Borough of Kenilworth that Plenary Retail Consumption License No. 2008-33-003-007 of Ross Brothers II, LLC, t/a Ross Brothers Bar and Liquors, be renewed for a one year period commencing

July 1, 2009, subject, however, to the following conditions:

1.  That the licensee provide an employee to police the area in the neighborhood of the  licensed premises on both sides of North 10th Street (including privately owned properties whose owners file written consents with the Borough Clerk), and remove all bottles, cans, cartons and similar debris associated with the operation of a Plenary Retail Consumption business, every Friday, Saturday and Sunday morning;

                                         

2.  That the licensee continue to employ personnel to maintain peace, quiet and good order within the licensed premises every  Friday and Saturday from 10:00 o’clock P.M. to closing;

3.  That the licensee employ other personnel to monitor and assist in maintaining peace, quiet and good order in its parking lot and street within such area as the Chief of Police shall direct,  every Friday and Saturday from 10:00 o’clock P.M. to closing, provide that the duties of such special police officers shall be limited to seeing that the patrons of “Ross Brothers Bar and Liquors” act peaceably, quietly and in good order as they arrive and leave the licensed premises, provided, however, that the Chief of Police, for good cause, may waive the requirement set forth in this paragraph for such periods of time when he deems its application unnecessary;

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4.  That the licensee maintain an accurate count of all persons entering and leaving the licensed premises on Thursday, Friday and Saturday nights and provide such count, upon request, to the Mayor, Fire Chief, Police Chief, Fire Commissioner or their authorized representatives;

5      That the licensee continue to maintain and utilize a “bull-horn” to announce the license numbers of motor vehicles illegally parked so that the owners may remove the same promptly;

            6.  That no packaged goods be sold after 9:00 o’clock P.M.;

7.  That the licensee meet with the Mayor and /or Governing Body periodically upon request in order to discuss problems that may arise in connection with the operation of the licensed premises.

In the event that any conditions or portion thereof be held invalid or unenforceable, the invalidity or unenforceability of such condition or portion thereof shall in no way effect any other condition or portion thereof. 

RESOLUTION NO. 11

WHEREAS, applications for renewal of Plenary Retail Consumption and Distributors and Club Licenses have been filed with the Borough Clerk with their proper fees, Police Chief William Dowd having approved the renewal of said licenses;

NOW, THEREFORE, BE IT RESOLVED that the Plenary Retail Consumption Licenses, Distributors and Club Licenses be renewed and granted for the license year 2008-2009:

2008-33-001-004          CJMK, Inc., t/a La Griglia

2008-36-004-007          Northstar Kenilworth LLC,  t/a Kenilworth Inn

2008-33-008-006          Casa DePesce, Inc., t/a Umberto’s Clam Bar

2008-33-011-001          Lucky G, Inc., t/a/ Buffy’s Tavern

2008-44-012-004          PA & SA, Inc., t/a Parkway Liquors

2008-31-015-001          American Legion Post No. 470 Kenilworth,

                                      t/a American Legion Kenilworth 470

2008-31-016-001          Columbian Club of Kenilworth, t/a/ Columbian Club           

2008-31-017-001           Kenilworth Veterans Center

2008-33-010-005          Joseph Neri (Special Ruling)

2008-33-007-008          C.Q.D.S. Inc., t/a Taormina Ristorante

All of the above premises have been inspected by the Kenilworth Board of Health; proof has been received that all applicants have paid the $200 filing fee to the Division of Alcoholic Beverage Control.

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RESOLUTION NO. 12

Whereas, the Tax Collector for the Borough of Kenilworth held a Tax Sale on June 4, 2009 for delinquent 2008 taxes, and a tax lien was purchased by Park Finance, LLC on property located at 674 Richfield Ave and known as Block 136 Lot 20, 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:.

Park Finance, LLC

P.O. Box 109

Cedar Knolls, NJ   07927

Redemption Amount

$6,588.04

Premium

$7,200.00

RESOLUTION NO. 13

Be It Hereby Resolved:    That Donald Corrigan be employed as a part-time Substitute Senior Citizen Bus Driver at a rate of $18.08 per hour.

RESOLUTION  NO. 14

WHEREAS, the Assessor of Taxes has determined that William Boll who owns

property  located at 65 So. 19th Street and known as Block 113 Lot 31 in the Borough of Kenilworth, County of Union, NJ qualifies for full tax exemption as a 100% disabled veteran, and;

WHEREAS, this property was billed for first and second quarter 2009 taxes prior to this determination, and;

WHEREAS, taxes for the first and second quarter of 2009 have been paid,

NOW, THEREFORE BE IT RESOLVED that taxes in the amount of $2,935.37 billed for the year 2009 taxes be and are hereby cancelled, and

The Collector of Taxes made said adjustment on the tax record of Block 113 Lot 31

for 2009 taxes billed.

Regular Council Meeting – June 10, 2009                                                         Page  12

RESOLUTION NO. 15

2010  NJDOT MUNICIPAL AID APPLICATION

Approval to submit a grant application and execute a grant agreement with the New Jersey Department of Transportation for a 2010 NJDOT/ Capital Road Improvement Project – “Reconstruction of 8th Street and Major Drainage Improvement along Kenilworth Boulevard”.

NOW, THEREFORE, BE IT RESOLVED that the Council of the Borough of Kenilworth formally approves the grant application for the above; and

BE IT FURTHER RESOLVED that Borough Engineer Richard O’Connor, the Mayor and the Borough Clerk are authorized to submit an electronic grant application on behalf of the Borough of Kenilworth.

BE IT FURTHER RESOLVED that the Mayor and Borough Clerk are hereby authorized to sign the grant agreement on behalf of the Borough of Kenilworth and that their signatures constitute acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement.

Certified as a true copy of the Resolution adopted by the Council

On this tenth day of June, 2009.

_____________________________

Hedy Lipke

Borough Clerk

My signature and the Clerk’s seal serve to acknowledge the above resolution and constitute acceptance of the terms and conditions of the grant agreement and approve the execution of the grant agreement as authorized by the resolution above.

ATTEST AND AFFIX SEAL

________________________________                                                           

Clerk                                                                                                  

HEDY LIPKE                                                                                               

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Proposed Ordinance No. 2009-11 was read for second reading as follows:  (Copy appears in minutes of May 13, 2009)

2009-11

ORDINANCE AMENDING CHAPTER 174

OF THE CODE OF THE BOROUGH OF KENILWORTH

Mayor Fiamingo stated this is a second reading on an ordinance which amends Section 174-12 which describes what is required for a minor sub division.  The Planning Board suggested this ordinance be adopted to eliminate some of the items that were exactly the same for major subdivision as they were for minor subdivision. 

Mayor Fiamingo opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2009-11

No on wished to speak.

Mayor Fiamingo closed the meeting on Ordinance 2009-11 to the public.

RESOLUTION  NO. 16

Introduced by Brian Joho who also moved its adoption

Seconded by Fred Pugliese

Be It Hereby Resolved: that Proposed Ordinance 2009-11 be and the same is hereby passed on second and final reading an ordered published according to law.

Upon roll call, all in favor.

Proposed Ordinance No. 2009-12 was read for a first reading as follows:  (Copy attached)

ORDINANCE 2009-12

AN ORDINANCE OF THE BOROUGH OF KENILWORTH AMENDING THE EXISTING CHAPTER 197 (ZONING) OF THE CODE OF THE BOROUGH OF KENILWORTH, COUNTY OF UNION, STATE OF NEW JERSEY TO REVISE 197-25 (TEMPORARY MOBILE HOMES, TRAILERS AND STORAGE UNITS) IN ITS ENTIRETY

 Mayor Fiamingo stated this Ordinance amends our code to include provisions to take into account storage containers that are on properties and to provide for a permit fee and also for other information relative to storage units so that we may take into account some safety issues.  The second reading will be held on July 8, 2009 at which time the public may speak on this Ordinance.

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RESOLUTION NO.  17

Introduced by Toni Sosnosky who also moved its adoption

Seconded by Scott Klinder

Be It Hereby Resolved: that Proposed Ordinance No. 2009-12 be and the same is hereby passed on first reading and ordered published for final hearing on July 8, 2009.

Upon roll call, all in favor.

Proposed Ordinance No. 2009-13 was read for a first reading as follows:  (Copy attached)

ORDINANCE 2009-13

AN ORDINANCE OF THE BOROUGH OF KENILWORTH AMENDING THE EXISTING CHAPTER 170 (STREETS & SIDEWALKS) OF THE CODE OF THE BOROUGH OF KENILWORTH, COUNTY OF UNION, STATE OF NEW JERSEY TO ESTABLISH A NEW ARTICLE ENTITLED “PLACEMENT OF DUMPSTERS ON PUBLIC RIGHTS – OF – WAY, SIDEWALKS OR STREETS

Mayor Fiamingo stated this is a companion ordinance to Ordinance 2009-12 which limits the methods by which dumpsters are placed on public streets and to obtain additional information so that we know, for safety reasons, who is placing the dumpsters. The second reading will be held on July 8, 2009 at which time the public is invited to speak on this ordinance.

RESOLUTION NO.  18

Introduced by Toni Sosnosky who also moved its adoption

Seconded by Scott Klinder

Be It Hereby Resolved: that Proposed Ordinance No. 2009-13 be and the same is hereby passed on first reading and ordered published for final hearing on July 8, 2009.

Upon roll call, all in favor.

Proposed Ordinance No. 2009-14 was read for a first reading as follows:  (Copy attached)

Regular Council Meeting – June 10, 2009                                                         Page  15

ORDINANCE 2009-14

AN ORDINANCE APPROPRIATING $20,000.00 FROM GENERAL CAPITAL SURPLUS FOR REPAIRS TO ACCESS APRON OF FIREHOUSE

Mayor Fiamingo stated this ordinance allows the Borough to appropriate funds to repair the apron at the Fire House which is in dire need of repair. We have the funds in our capital surplus.  The second reading will be July 8, 2009 at which time the public is invited to speak on this ordinance.

RESOLUTION NO. 19

Introduced by Brian Joho who also moved it adoption

Seconded by Fred Pugliese

Be It Hereby Resolved: that Proposed Ordinance No. 2009-14 be and the same is hereby passed on first reading and ordered published for final hearing on July 8, 2009.

Upon roll call, all in favor.

Motion was made by Councilman Pugliese and seconded by Councilman Leary to open the meeting to the public.  All in favor.

MEETING OPENED TO THE PUBLIC

The Mayor asked anyone who wished to speak for the good and welfare of the Borough to please step forward, state their name and address for the record.  She asked that comments be limited to five minutes.  She said this is the time for the public to comment and is not the time for a debate or for the Council to take up your time.

John Bury, 417 North 15th Street – Mr. Bury said on the Division of Local Government Services web site there were three levels for pension deferrals. He said there was Police and Fire for $292,000.00, the Borough for $72,000.00 for a total of $364,000. He asked the Mayor if they were deferred by the Mayor and Councils vote?  The Mayor said yes, it was part of the budget.  He said there was another $50,000 for the Board of Education. He asked if it was a quarterly payment? The Mayor responded by stating it was paid once a year on April 30th.  He asked if it was due every year on April 30th?  The Mayor said she believes it is April 30th each year.  Mr. Bury asked if the Extraordinary Aid Grant came through?  The Mayor said no.  She said before they consider the Extraordinary Aid Grant they have to wait for the ruling on the Tax Levy Waiver Request first.  Mr. Bury asked if Kenilworth was part of the State Health Benefits Program?  The Mayor responded yes.  He said there is going to be a 10% increase next

Regular Council Meeting – June 10, 2009                                                         Page  16

year.  Mr. Bury asked how much the public safety building would have cost if the Borough went ahead with it?  The Mayor said they had not received the final numbers but she said it would have probably been in the neighborhood of 8 million dollars.  Mr. Bury asked if it would have been bonded?  The Mayor said yes.

Bob Beiner, 36 South 24th Street – Mr. Beiner reported that Cranford was not going to grant raises for non-union employees and they were going to lay off people. He said the unions agreed to “give backs” to the town so they would not layoff people. He said Cranford is cutting their budget and Kenilworth said there is no fat on their budget.  He said we should be doing what Cranford is doing and have no raises, layoffs and furloughs to cut the budget. He said the Borough should do what the private sector does which is if the company is not making money it looks to layoffs, cutting overtime and cutting wages. He said he commended Councilman Joho for cutting overtime but said it should have been done long ago.  He said the Borough has to cut the budget more and he does not know why we are not cutting it more.

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

GENERAL BUSINESS

Councilwoman Sosnosky said the annual Beautification Program, which takes place in May was delayed this year.  Schering Plough, who sponsored this event, contacted the Borough and regrettably, due to the financial climate, was unable to participate in our program.  Councilwoman Sosnosky contacted the prior Committee Chair who  regrettably was unable to lead the planting this year.  She went to Home Depot and Walmart and told them of the Borough’s Beautification Program and asked if they would be interested in supporting our program with donations of plants for our 20 planters along the Boulevard.  Mr. Dino Dinari, Store Manager of the Home Depot and Ms. Ann Addison, Personnel Manager of Walmart, were enthusiastic and most generous with their donation.  She thanked them on behalf of the Borough of Kenilworth and the Beautification Committee.  She also thanked Justine Melillo, Trudy Neuhauser and Bob Porter for joining her this past Friday to plant the flowers along the Boulevard.

The Mayor added that not only did Councilwoman Sosnosky, Ms. Melillo, Trudy Neuhauser and Bob Porter plant the flowers, they did it in the pouring rain.  She said it is commendable what they did and she especially thanked Councilwoman Sosnosky for going to Walmart and Home Deport for donations.  She said she appreciates what Walmart and Home Depot have done for the Borough.

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Mayor Fiamingo asked for a moment of silence for Carol Boucher, who passed away recently.  She said Carol was a poll worker for many many years and also a long time Kenilworth resident.

The Mayor thanked Schering Plough for stocking Black Brook Park.  She said she thinks the County should be stocking the pond.  She said she will have to ask them to kick in and do their part for the County Park.  She is also going to ask them to maintain the park a little better.

The Mayor stated the Historical Society is having a Flags and Flowers Forever Presentation on Sunday, June 14th, which is Flag Day.  They will highlight the significance and care of the heirloom plantings at the historic Nitschke House which is being  presented by the historic horticulturist garden designer, Patricia Tratebas.  She said it includes a World War I Victory Garden which has been planted by Zachary Kozak, who is a candidate for an Eagle Scout. She said  part of his project to become an Eagle Scout was planting the Victory Garden.

The Mayor said the Memorial Day Celebration was fantastic this year.  She said a huge number of people came out to honor our brave men and women who died defense of this country.  She thanked everyone for coming out.

Councilman Joho reported that at the Work Session yesterday the Mayor and Council discussed pay raises for municipal employees that are not covered under contract agreements or statutory obligations.  He said they voted there would be a zero increase for those employees.   

ADJOURNMENT

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

8:25 P.M.                                                                               Respectfully submitted,

                                                                                                Hedy Lipke, Borough Clerk  



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