Council Minutes from 7/22/2009
 

SPECIAL MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH FOR PUBLIC SAFETY BUILDING HELD ON WEDNESDAY EVENING, JULY 22, 2009.  MAYOR KATHI FIAMINGO PRESIDED.

ROLL CALL

Roll Call at 8:00 P.M. showed the following Council Members present: Sal Candarella, Brian Joho, Scott Klinder, Kevin Leary, Fred Pugliese and Toni Sosnosky. 

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

The Salute to the Flag was led by Mayor Fiamingo

Mayor Fiamingo stated this is a Special Meeting as the Borough does not generally have a second reading in July but there is business that we have to attend to.

Hedy Lipke read the Ordinances and Resoltions.

Proposed Ordinance No. 2009-1 was read for the second and final reading as follows: (Copy appears in the minutes of June 10, 2009).

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

The Mayor said this is a second reading on an ordinance relative to mobile homes, trailers and storage units which regulates the use of dumpsters on the property of residents.  Mayor Fiamingo opened the hearing to the public for any questions or comments on Proposed Ordinance No. 2009-12

No one wished to speak.

Mayor Fiamingo closed the hearing on Ordinance 2009-12 to the public

RESOLUTION NO. 1

Introduced by Toni Sosnosky  who also moved its adoption

Be It Hereby Resolved:   That Proposed Ordinance No. 2009-12, be and the same is hereby passed on second and final reading and ordered published according to law.

Seconded by Sal Candarella  and on roll call unanimously carried.

Proposed Ordinance No. 2009-13 was read for the second and final reading as follows: (Copy appears in the minutes of June 10, 2009).

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

Special Council Meeting – July 22, 2009                                                                         Page 2

The Mayor said this is a second reading on an ordinance that regulates the placements and use of dumpsters which are placed in the street.  This ordinance is primarily for our concern for safety and to insure that the property is maintained and cleaned up once the dumpster is removed.  Mayor Fiamingo opened the hearing to the public for any questions or comments on Proposed Ordinance No. 2009-13

No one wished to speak.

Mayor Fiamingo closed the hearing on Ordinance 2009-13 to the public

RESOLUTION NO. 2

Introduced by Toni Sosnosky  who also moved its adoption

Be It Hereby Resolved:   That Proposed Ordinance No. 2009-13, be and the same is hereby passed on second and final reading and ordered published according to law.

Seconded by Sal Candarella  and on roll call unanimously carried.

Proposed Ordinance No. 2009-15 was read for the second and final reading as follows: (Copy appears in the minutes of June 24, 2009).

                                                                        2009-15

BOND ORDINANCE PROVIDING FOR THE 2009 ROAD PROJECTS IN THE BOROUGH, APPROPRIATING $470,000 THEREFORE AND AUTHORIZING THE ISSUANCE OF $280,250 BONDS AND/OR NOTES OF THE BOROUGH FOR PAYING THE COST THEREOF AND MAKING THE DOWN PAYMENT FOR SAID ACQUISITION, AUTHORIZED TO BE UNDERTAKEN IN AND BY THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, NEW JERSEY

The Mayor said this is a second reading on a bond ordinance for street improvements. Mayor Fiamingo opened the hearing to the public for any questions or comments on Proposed Ordinance No. 2009-15

No one wished to speak.

Mayor Fiamingo closed the hearing on Ordinance 2009-15 to the public

RESOLUTION NO. 3

Introduced by Brian Joho who also moved its adoption

Be It Hereby Resolved:   That Proposed Ordinance No. 2009-15, be and the same is hereby passed on second and final reading and ordered published according to law.

Seconded by Sal Candarella  and on roll call unanimously carried.

Special Council Meeting – July 22, 2009                                                                         Page 3

RESOLUTION NO. 4

Introduced by Sal Candarella who also moved it’s adoption.

Be It Hereby Resolved:  That Borough Engineers, Grotto Engineering Associates, be authorized to proceed with the design for the 2009 Road Projects.

Seconded by Brian Joho and upon roll call unanimously carried.

RESOLUTION NO. 5

Introduced by Brian Joho who also moved its adoption.

Seconded by Sal Candarella and upon roll call  unanimously carried.

WHEREAS, The Borough Council of the Borough of Kenilworth, County of Union, State of New Jersey recognizes that the abuse of alcohol and drugs is a serious problem in our society amongst  persons of all ages; and,

WHEREAS, the Borough Council further recognizes that it is incumbent upon not only public officials but upon the entire community to take action to prevent such abuses in our community; and,

WHEREAS, the Borough Council has applied for funding to the Governor’s Council on alcoholism and Drug Abuse through the County of Union;

NOW, THEREFORE, BE IT RESOLVED by the Borough of Kenilworth, County of Union, State  of New Jersey hereby recognizes the following:

1.     The Borough Council does hereby authorize submission of an application for the Kenilworth Municipal Alliance grant for calendar year 2010 in the amount of $17,744.

2.     The Borough Council acknowledges the terms and conditions for administering the Municipal Grant Alliance grant, including the administrative compliance and audit requirements.

APPROVED:____________________________

                       Kathi Fiamingo, Mayor

CERTIFICATION

I, Hedy Lipke, Municipal Clerk of the Borough of Kenilworth, County of Union, State of New Jersey, do hereby certify the foregoing to be a true and exact copy of a resolution duly authorized by the Borough Council on this 22nd day of July, 2009.

                                                                                                _______________________________________                                                                                        Hedy Lipke, Municipal Clerk

Special Council Meeting – July 22, 2009                                                                         Page 4

RESOLUTION NO. 6

Introduced by Sal Candarella who also moved it’s adoption.

Seconded by Brian Joho and upon roll call unanimously carried.

A RESOLUTION AUTHORIZING THE SALE OF SURPLUS REAL PROPERTY

WHEREAS, the Borough of Kenilworth has determined that it no longer has a need for certain real property in which title has vested in the Municipality; and

WHEREAS, pursuant to N.J.S.A. 40A:12-13 the Borough may sell its interest in public real property.

NOW, THEREFORE, BE IT RESOLVED on this by the Borough of Kenilworth, County of Union, State of New Jersey as follows:

            The Clerk of the Municipality or alternatively the Attorney for the Municipality shall advertise in the official newspapers of the municipality in which the land is located and post within the Borough of Kenilworth that a public auction shall be held for the property commonly known as “The Girl Scout House” located at 339 North 18th Street, Borough of Kenilworth and more formally known as Lot 5, Block 15, on the tax map of the Borough of Kenilworth.  Said parcel is being subdivided into seven (7) lots and shall be sold to the highest bidder after being advertised no less than twice in a two (2) week consecutive period but not earlier than seven (7) days prior to the date of auction; and

BE IT FURTHER RESOVED that the Attorney for the Borough shall be authorized to hold and conduct the public auction for the said parcel on August 5, 2009 7:00 P.M. at the Borough Municipal Meeting Room. The Borough reserves the right to reject any or all bids by the second regular meeting of the governing body after the auction; and

BE IT FURTHER RESOLVED that the Borough has placed the following restrictions on the use of the said parcels as a condition of the sale:

a.     The property shall be used for a Single Family Residence.

b.    The building thereon must comply with all applicable and existing  building and zoning codes.

c.     Subject to any and all easements, reservations and/or restrictions of record

d.    One or more of the lots may have an existing structure or fence therein at time of sale.

e.     The purchaser shall acknowledge that the development of each building lot will comply with Section 401 of the Union County Land Development Standards so as to insure no negative effects on to the County’s facilities, namely Black Brook Park.

BE IT FURTHER RESOLVED that the Borough will accept no less than a  minimum of $200,000 per single lot sold individually and/or no less than a minimum of $1,400,00 for all seven (7) lots if they are sold to a single bidder.

BE IT FURTHER RESOLVED that the Borough of Kenilworth resolves the right to sell the lots as laid out in this resolution single and/or as a seven (7) lot parcel, subject to its final approval.

BE IT FURTHER RESOLVED that the Borough will entertain the transaction which is most favorable to the Municipality.

                                                                                               Attest:                                                                                                                                                  ______________________________

                                                                                                Hedy Lipke, Municipal Clerk

_______________________

Kathi Fiamingo, Mayor

Special Council Meeting – July 22, 2009                                                                         Page 5

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

No one wished to speak

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

GENERAL BUSINESS

No one wished to speak

ADJOURNMENT

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

8:15 P.M.                                                                                  Respectfully submitted,

                                                                                                Hedy Lipke, Borough Clerk  



ADS - Applied Dynamic Solutions, LLC ADS, LLC   email webmaster