Council Minutes from 8/26/2009
 

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH  HELD ON WEDNESDAY EVENING, AUGUST 26, 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, Jr., 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.

MINUTES

It was moved by Councilwoman Sosnosky, seconded by Councilman Klinder, and carried that the minutes of the Work Session Meeting of July 7, 2009 and the Regular Meeting of July 8, 2009, Special Meeting of July 22, 2009 and the Special Meeting of August 3, 2009 be dispensed with and approved as submitted.  (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS:

  1. Letter received from Mr. & Mrs. John Fillipone, 631 Jefferson Avenue, thanking the Public Works Department and AstoneTree Service for their excellent and courteous removal of a tree at their property.
  2. Letter from Cablevision (4 Connections, LLC) asking for a resolution to grant them “Rights-of-Way” to install fiber-optic cable & associated equipment for tele Communications purposes.
  3. Letter from Joe Finistrella,4 Epping Drive, requesting permission for a Block Party on Epping Drive on Saturday, September 12, 2009.
  4. A Civil Action Third Party Complaint was received on 8/18/09 – United Gypsum Company vs. Township Council of Clark, Township of Clark, Clark Township Sanitary Sewer Utility and Third Party Defendants – RVSA and all RVSA member municipalities.

REPORTS

1.   Municipal Court Report for the months of June, July, 2009

2.  Police Department Report for the month of July 2009.

3.  Construction Department Report for the month of July 2009.

4.  Borough Clerk’s Report for the month of July, 2009.

5.  Volunteer Fire Department Report for the month of July, 2009

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.

 

 

 

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REPORT OF COMMITTEES

 

Mayor Fiamingo reported that since the last council meeting she has met with Patrick Whitmore who is the Director of Global Public Policy for Merck and Joe Starkey who is our community liaison at Schering Plough.  She said there have been no decisions made yet at the upper level.  The merger is not going to occur until the fourth quarter and they have not made any firm  decisions about what is going to happen with the facility.  The indications are they will remain open and fully functional.  There are currently significant repairs going on at the facility.  She said she has high hopes but unfortunately she cannot report any firm decisions because she does not know if Merck knows exactly what they are going to do.

The Mayor also said she met with Mr. Sylvan Hershey who is the new Superintendent of Schools for Kenilworth Board of Education.  They discussed their interest in maintaining an open and cooperative relationship between the Borough and the Board of Education. 

She said both the Library’s Tricky Tray at Schering Plough and the Fireman’s Carnival were very successful events.   

The Mayor reported the Borough received bids totaling $1,540,000.00 for all seven lots of the Girl Scout property.  She said tonight on the Consent Agenda, the Borough is accepting those bids and will be receiving the money within the next month or so.  She said the Council has already taken the money into account and amended the budget so that we will reduce the tax levy and pay down the contribution to the Police and Borough Employees Pension Plan.

Mayor Fiamingo said on September 11th the Borough will have a very short memorial service for the 8th anniversary of 9/11 at Borough Hall on Friday night at 7:00 P.M.  She said the ceremony will be no longer than 15 or 20 minutes and she urged everyone to attend.

DEPARTMENT OF FINANCE

Councilman Joho reported on the Consent Agenda tonight are the resolutions for the sale of the surplus properties and also the Municipal Budget Amendment.  For the sale of the property the Borough received $1,540,000.00.  The amount raised by taxes in 2009 will be reduced by $547,193.00. This is a direct tax relief to the taxpayers and this also brings the Borough under the state mandated tax levy cap. He said the pension contribution will be increased by $363,140.00 and this eliminates the pension deferral and it’s accompanied 8% interest rate.   Also $634,000.00 is to be added to reserves for 2010 to reduce the tax burden next year.  We are getting a two year benefit for the sale of the surplus land.  The realized tax benefits for 2009 for the average home owner for the sale of the surplus property is a 7 point decrease equated to $122.50 less than the third quarter bill. The taxpayers will realize the change in the fourth quarter tax bill when that comes out. He said if you couple the 7 point decrease in the tax relief that we realized when the Council reviewed the voter rejected budget from the Board of Education which was a 2 point reduction so now there is a total of a 9 point reduction from the original proposed budget for both the Municipality and the Board of Education equating to $157.50 tax reduction for the average household and the average household is evaluated at $175,000.  This year’s tax increase of $318.50 is inclusive of the municipality and the Board of

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Education and the County on the average home and is aligned with the average tax increase we have experienced over the last four years. He said we have made a lot of progress in bringing down the expense to our taxpayers.  Also he noted that the Fire Chief, Louis Giordiano reduced his budget by an additional $34,000.00 and that is also reflected in the amended budget. Councilman Joho said that the Borough was denied State Extra Ordinary Aid for the year 2009, which was not a surprise.    

DEPARTMENT OF PUBLIC WORKS

Councilwoman Sosnosky reported the DPW crew has been working on curbside brush pickup, cleaning the inside of storm-water catch basins, maintaining the sanitary sewers and placing new certified playground mulch at all three of the Borough Parks.  She read a letter from Mr. and Mrs. John Filipone “I want to thank the Public Works Department for seeing the danger my dead tree was to the public and the wires that were there as well.  The Astone Tree Removal Service came last week and did an excellent job in removing and cleaning up after they took it down.  Everyone I dealt with was very courteous.  Thank you again”. 

 

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese reported Lt. Moll retired from the Kenilworth Police Department and as a result, Chief Dowd has made a request for a promotion within the ranks to Lieutenant from the Sergeants position as well as a promotion from patrolman to the Sergeant position.  The Governing Body and the Police Committee is currently holding that request pending a review of the Promotions Ordinance.  The Kenilworth PBA has requested on two different occasions, modifications to the current promotions ordinance. Once we review that ordinance we will come to a decision as to the promotions.

Councilman Pugliese said he was pleased to receive a letter from Sgt. John DeLuca, a commander with the Essex/Union Joint Auto Theft Task Force. The Essex and Union  Prosector’s Office and municipalities each contribute members to the Task Force, who in turn patrol portions of Essex and Union Counties.  Patrolman Len Lueddeke is one of the members who is donated by the Kenilworth Police Department. Councilman Pugliese read a portion of the letter from Sgt. Deluca “In my tenure as a field supervisor and now as an Auto Theft Task Force Commander, Officer Lueddeke has displayed integrity, professionalism, initiative and a great work ethic that is evident in his work relationship with his peers.  He is a truly a great representative of the members of the Kenilworth Police Department and it is with great honor that I am reporting to you his new assignment as Field Supervisor.  He has been promoted to a Field Supervisor within the Auto Theft Task Force and less than 1% of the members of the task force achieve this rank.  He is to be commended for his hard work”.

Councilman Pugliese advised that the Borough applied for the Federal Cops Grant for the hiring  a new police officer and was recently advised that the they did not qualify for funds under the Cops Grant.  The Borough’s needs assessments were reviewed by the administrators of the program and the Borough ranked somewhere in the vicinity of the 40th percentile in terms of need. He said we were not even close to receiving aid under that grant.  He said the Police Department received a $6,000.00 grant for the “Over the Limit Under Arrest” 2009 state-wide crackdown.  Lt. Grady was instrumental in receiving the grant and as part of that grant tomorrow

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evening there will be a DWI checkpoint at the corner of the Boulevard and Michigan Avenue from 8:00 pm to 3:00 am.  Officers will be paid through that grant.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman Candarella said the Construction Report was in order and the Planning Board and Board of Adjustment seem to be getting busy.  The Senior Handyman still has some funds to be used.  If any seniors have any small jobs they need to be done, they can fill out an application at Borough Hall and he will get Mr. Hathaway to help.

DEPARTMENT OF RECREATION AND FIRE

Councilman Leary congratulated Chief Giordiano and Fire Fighter Kelly on a well run and organized carnival.  He also thanked all the volunteers.  

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

 

Councilman Klinder reported the Library attendance for July was 6,000 and book circulation was over 4,600.  The Tricky Tray took place on August 13th at Schering Plough with over 260 children. Over 257 prizes were distributed.  He thanked Schering Plough and the Library for making this event successful.

BILLS

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

 

CONSENT AGENDA

Resolutions No. 1 thru 26 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 Councilman Leary.  Upon roll call the vote was unanimous.

ORDINANCES AND RESOLUTIONS

RESOLUTION NO. 1

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

RESOLUTION NO. 2

Be It Hereby Resolved:   That BERNARD BUNGER be employed as a MECHANIC in the Department of Public Works retroactive to August 17, 2009 at a rate of $30.00 per hour.

 

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RESOLUTION NO. 3

WHEREAS, certain Capital Reserve appropriation balances remain dedicated to projects now completed; and

WHEREAS, it is necessary to formally cancel said balances so that the unexpended balances may be credited to Surplus,

NOW THEREFORE, BE IT RESOLVED, by the Council of the Borough of

Kenilworth, County of Union, the following unexpended and dedicated balances of Capital Reserve Appropriations be cancelled

           

NAME                                                             AMOUNT CANCELLED

Leaf Collector                                                 .                       $ 4,500.00

Sec. 20 costs, Leaf Collector                                                 $ 1,650.00

Ord.96-18 Amending 95-20                                                    $ 2.168.61

Mun. Bldg. Handicap Access                                                 $ 1,920.19

Ord. 95-21 Various Improve.                                                  $   650.00

Ord. 95-22 Curbs Lafayette St.                                              $ 1,587.35

Ord 96-11 Other Costs, Legal, Eng.,etc.                                $   143.02

Curbs Oak Street                                                                    $ 3,375.00

Ord. 2000-13 Curb Assessments                                           $ 6,623.80

                                               

                                                Total                                 $    22,617.97

RESOLUTION NO. 4

WHEREAS an accurate census count is vital to our community and residents well-being by helping planners determine where to locate schools, day care centers, roads and public transportation, hospitals and other facilities, and achieving an accurate and complete count of the nation’s growing and changing population;

WHEREAS  more than $435 billion per year in federal and state funding is allocated to states and communities based, in part, on census data;

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WHEREAS census data help determine how many seats each state will have in the U.S. House of Representatives and often is used for the redistricting of state legislatures, county and city councils and voting districts;

WHEREAS the 2010 Census creates jobs that stimulate economic growth and increase employment;

WHEREAS the information collected by the census is confidential and protected by law;

NOW, THEREFORE, BE IT RESOLVED that the Borough of Kenilworth, is committed to partnering with the U.S. Census Bureau to help ensure a full and accurate count in 2010.

As a 2010 Census partner, we will:

1.      Support the goals and ideals for the 2010 Census and disseminate 2010 Census information to encourage those in our community to participate.

2.    Encourage people in our community to place an emphasis on the 2010 Census and participate in events and initiatives that will raise overall awareness and ensure a full and accurate census.

3.    Support census takers as they help our community complete an accurate count.

4.    Create or seek opportunities to collaborate with other like-minded groups in our community by participating in Complete Count Committees and/or utilizing high-profile, trusted voices to advocate on behalf of the 2010 Census; and

BE IT FURTHER RESOLVED that copies of this resolution be transmitted to Geraldine Clark, Partnership Coordinator of the U.S. Census Bureau and the New Jersey League of Municipalities.

 

RESOLUTON NO. 5

Be It Hereby Resolved:  That the following be appointed as Probationary Fire Fighters on the Kenilworth Volunteer Fire Department:

                                                Christopher Davitt

                                                Peter Peros

                                                Daniel Lueddeke

                                                Ryan Ruhl

Be It Further Resolved that James Davitt be appointed as a non-probationary Fire Fighter.

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RESOLUTION NO. 6

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

                       

                        #957  David Brearley Middle HS for an off-premise calendar raffle on 12/18/09, 1/12/10, 1/26/10, 2/9/10, 2/23/10, 3/9/10 & 3/23/10 at 401 Monroe Avenue, Kenilworth, NJ.  

                       

#959  Knights of Columbus #4186 St. Theresa’s Council for an Off-Premise 5/50 Raffle on December 19, 2009 at 191 Market Street, Kenilworth, NJ.  

#960  Westfield Jaycees for a 50/50 Raffle on November 10, 2009 at the VFW, 33 South 21st Street, Kenilworth, N.J.

#961  Westfield Jaycees for a Merchandise Raffle on November 10, 2009 at the VFW, 33 South 21st Street, Kenilworth, N.J.

#962  Kenilworth Historical Society for a 50/50 Raffle on November 24, 2009 and February 20, 20-10 at North 22nd Street, Kenilworth, NJ.

                   

#963  St. Elizabeth’s Church (Episcopal Anglican) for a Merchandise Raffle on October 9, 2009 at Kenilworth Inn, 60 South 31st Street, Kenilworth, NJ.

#964 Kenilworth Jets, Inc. for an off-premises 50/50 Raffle on October 18, 2009 at 401 Monroe Avenue, Kenilworth, N.J.

#965 Kenilworth Jets, Inc. for an on-premise 50/50 raffle on September 13, 20th, October 4th and 18th at 401 Monroe Avenue, Kenilworth, N.J.

#966  Harding School PTO for an on-premise 50/50 Raffle on November 13, 2009 at 33 South 21st Street, Kenilworth,  N.J.

#967  Harding School PTO for an off-premise Merchandise Raffle on November 13, 2009 at 33 South 21st Street, Kenilworth, N.J.

Regular Council Meeting – August 26, 2009                                                              Page 8

RESOLUTION NO. 7

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 Royal Tax Lien Services, LLC on property located at 690 Fairfield Ave. and known as Block 162 Lot 10, in the Borough of Kenilworth, County of Union,

Whereas, the owner of said property has satisfied said lien, together with interest and costs by payment of amount due at the office of the collector of taxes, and

Now therefore be it resolved, that the Treasurer be and is hereby authorized to draw a warrant to the named lien holder as follows to be refunded upon receipt of the original Certificate of Sale #09-00015 by the collector of taxes.

Royal Tax Lien Services, LLC

179 Washington Lane

Jenkintown, PA   19046

Redemption Amount

$1,163.56

RESOLUTION NO. 8

WHEREAS, the Tax Collector for the Borough of Kenilworth held a Tax Sale on June 4, 2009 for delinquent 2007 taxes, and a tax lien was purchased by US Bank Corporate Trust Services on property located at 285 Roosevelt Avenue and known as Block 96 Lot 11, in the Borough of Kenilworth, County of Union,

WHEREAS, the owner of said property has satisfied said lien, together with interest and costs by payment of amount due at the office of the collector of taxes, and

NOW THEREFORE, BE IT RESOLVED, that the Treasurer be and is hereby authorized to draw a warrant to the named lien holder as follows to be refunded upon receipt of the original Certificate of Sale #09-00008 by the collector of taxes.

US Bank CUST for CCTS Capital, LLC

Tax Lien Services Group

2 Liberty Place

50 South 16th St., Ste. 1950

Philadelphia, PA  19102

Redemption Amount - $2,158.32

Regular Council Meeting – August 26, 2009                                                              Page 9

RESOLUTION NO. 9

WHEREAS, the following property was issued a street opening permit and escrow of $500.00 was received by the Building Department.

WHEREAS, it has been determined that the work has been completed and inspected by Grotto Engineering, the Borough Engineer.

NOW, THEREFORE, BE IT RESOLVED that the Treasurer be and is hereby authorized to draw a warrant to refund the following amount to the property owners:

                                    Amount of $500.00 refunded to the property owner:

                                                            Aaron and Karen Saiewitz

                                                            282 Lincoln Drive

                                                            Kenilworth, NJ  07033

                                    Property located at :  282 Lincoln Drive, Kenilworth

                                                                        Block #97, Lot #19

RESOLUTION NO. 10

WHEREAS, the Assessor of Taxes has determined that Edward Wiese who owns property located at 31 South 19th Street and known as Block 113, Lot 22 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 quarter of 2009 have been paid,

NOW, THEREFORE BE IT RESOLVED that taxes in the amount of $1,065.54 billed for the first quarter of 2009 taxes be refunded, and;

            The Collector of Taxes made said adjustment on the tax record of Block 113 Lot 22.

                                    Edward Wiese

                                    31 South 19th Street

                                    Kenilworth, NJ  07033

                                    Amount:  $1,065.54

RESOLUTION NO. 11

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

WHEREAS, it has been determined that the homeowner is a senior citizen, and is entitled to a reduced fee as per Borough Ordinance No. 99-5.

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NOW, THEREFORE, BE IT RESOLVED that the Treasurer be and is hereby authorized to draw a warrant to refund the following to:

                        Amount of $157.00 to be refunded to the homeowner who paid the permit.

                        Biaggio Sciscione

                        550 Monroe Avenue

                        Kenilworth, NJ  07033

                        Block #44, Lot #10         Permit #09-00025

RESOLUTION NO. 12

WHEREAS, the Borough of Kenilworth is a member of the Union County Co-Operative Pricing System; and

WHEREAS, Union County serves in the procurement of bids for natural gas; and

WHEREAS, the current contract with Pepco Energy Services, Inc., 1300 N. 17th Street, Suite 1600, Arlington VA  22209 for natural gas will be expiring; and

WHEREAS, the Union County Co-Op Pricing System will be extending the current contract with Pepco Energy Services, Inc., for a 24 month period (System ID-8-UCCP, Bid #UCCP 91-200); and

WHEREAS, it is in the best interest of the Borough of Kenilworth to join with the Union County Co-Op in the 24 month extension of the Natural Gas contract for the Borough.

NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of Kenilworth do hereby approve a 24 month extension of the contract for natural gas with Pepco Energy Services, Inc.

RESOLUTION NO. 13

WHEREAS, First American real estate tax service is responsible for paying taxes on various properties in the Borough of Kenilworth, County of Union, NJ, and;

WHEREAS, an overpayment exists on several properties for the first and second quarters of 2009; and

WHEREAS, First American has requested refunds of those overpayments;

NOW, THERFORE BE IT RESOLVED that the Treasurer, after proper notation on the tax account records by the Collector of Taxes, be and is hereby authorized to issue a warrant for refunds as stated below.

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Block                       Lot                 Owner/Address:                                                   Amount

             151                           33                  210 Faitoute Ave                                                 $ 1,439.08

             150                           29                  660 Summit Ave.                                                   1,933.52

             150                           17                  675 Richfield Ave.                                                 1,449.69

             104                             9                  361 Lincoln Dr.                                                       1,363.90

               50                             7                  131 No. 21st Street                                                 1,278.11

             121                           20                  625 Kingston Ave.                                                  1,476.34

                                                                                                                        TOTAL            $ 8,940.64

                                                           

RESOLUTION NO. 14

BE IT HEREBY RESOLVED:  That the Mayor be authorized to sign the Agreement with Major

Police Supply Co. for a one week trial of a “T3 Personal Mobility Vehicle”.

RESOLUTION NO. 15

Be It Hereby Resolved:  That Denbar Construction Inc. be authorized to begin

work on North 22nd Street (between Washington Avenue and Monroe Avenue) as per

the proposal submitted and approved by Borough Engineer Grotto Engineering

Associates under the “On Call Roadway Assistance Program” at a cost of $14,689.60

Certification of Funds

Date:________________

Appropriation:________________

____________________________

Treasurer

RESOLUTION NO. 16

Be It Hereby Resolved: 

WHEREAS, the Borough of Kenilworth heretofore advertised for the receipt of bids for a “1500 Gallon Truck Mounted Sewer Jet with Telescopic Rotating Hose Reel”, and Mid-Atlantic Truck Centre, Inc., 525 Linden Avenue West, Linden, NJ  07036 having submitted a bid as follows:

                                                $228,626.00

                        Options                 1,588.00

                                    Total    $230,214.00

NOW, THEREFORE, BE IT RESOLVED that the contract for a 1500 Gallon Truck Mounted Sewer Jet with Telescopic Rotating Hose Reel is hereby awarded to Mid-Atlantic Truck Centre, Inc. at a cost of $230,214.00.

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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 Finance Officer of the Borough of Kenilworth.  The appropriation to be charged for this expenditure is as follows:

Certification of Funds

Date_____________

Appropriation:

______________________

______________________

Treasurer

RESOLUTION NO. 17

WHEREAS, impaired drivers on our nation’s roads kill someone every 30 minutes, 50 people per day, and almost 18,000 people each year; and

WHREAS, 26% of motor vehicle fatalities in New Jersey are alcohol-related; and

WHEREAS, a enforcement crackdown is planned to combat impaired driving; and

WHEREAS, the end of summer season is traditionally a time of social gatherings which often include alcohol; and

WHEREAS, the State of New Jersey, Division of Highway Traffic Safety, has asked law enforcement agencies throughout the state to participate in the Over the Limit Under Arrest 2009 Statewide Crackdown; and

WHEREAS, the project will involve increased impaired driving enforcement from August 21st through September 7, 2009; and

WHEREAS, an increase in impaired driving enforcement and a reduction in impaired driving will save lives on our roadways;

THEREFORE, be it resolved that the Borough of Kenilworth declares it’s support for the Over the Limit Under Arrest 2009 Statewide Crackdown from August 21`st through September 7, 2009 and pledges to increase awareness of the dangers of drinking and driving

RESOLUTION 18

A RESOLUTION AUTHORIZING THE ACCEPTANCE AND APPROVAL OF

HIGHEST BID FOR THE SALE OF SURPLUS REAL PROPERTY

WHEREAS, the Borough of Kenilworth held a Public Auction for Lot 5.01, Block 15 on August 13, 2009; and

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WHEREAS, Om Saigal, 69 Garden Terrace, Edison, New Jersey 08817 was the highest bidder for the subject property in the amount of $205,000.00.

NOW, THEREFORE, BE IT FURTHER RESOLVED on this 26th day of August, 2009 by the Council for the Borough of Kenilworth, County of Union, State of New Jersey as follows:

a.     Borough of Kenilworth accepts said bid; and

b.    Attorney for the Borough shall notify the bidder by written notice; and

c.    The Mayor is authorized to execute any and all documents to effectuate the sale and transfer of the subject property pursuant to the terms and conditions of said bid.

ATTEST:

_______________________________

Hedy Lipke, Borough Clerk

RESOLUTION 19

A RESOLUTION AUTHORIZING THE ACCEPTANCE AND APPROVAL OF

HIGHEST BID FOR THE SALE OF SURPLUS REAL PROPERTY

WHEREAS, the Borough of Kenilworth held a Public Auction for Lot 5.02, Block 15 on August 13, 2009; and

WHEREAS, Vincent Paparatto of 1049 Belair Court, Mountainside, New Jersey 07092 was the highest bidder for the subject property in the amount of $200,000.00.

NOW, THEREFORE, BE IT FURTHER RESOLVED on this 26th day of August, 2009 by the Council for the Borough of Kenilworth, County of Union, State of New Jersey as follows:

a.     Borough of Kenilworth accepts said bid; and

b.    Attorney for the Borough shall notify the bidder by written notice; and

c.    The Mayor is authorized to execute any and all documents to effectuate the sale and transfer of the subject property pursuant to the terms and conditions of said bid.

ATTEST:

_______________________________

Hedy Lipke, Borough Clerk

Regular Council Meeting – August 26, 2009                                                              Page 14

RESOLUTION 20

A RESOLUTION AUTHORIZING THE ACCEPTANCE AND APPROVAL OF

HIGHEST BID FOR THE SALE OF SURPLUS REAL PROPERTY

WHEREAS, the Borough of Kenilworth held a Public Auction for Lot 5.03, Block 15 on August 13, 2009; and

WHEREAS, Vincent Paparatto of 1049 Belair Court, Mountainside, New Jersey 07092 was the highest bidder for the subject property in the amount of $225,000.00.

NOW, THEREFORE, BE IT FURTHER RESOLVED on this 26th day of August, 2009 by the Council for the Borough of Kenilworth, County of Union, State of New Jersey as follows:

a.     Borough of Kenilworth accepts said bid; and

b.    Attorney for the Borough shall notify the bidder by written notice; and

c.    The Mayor is authorized to execute any and all documents to effectuate the sale and transfer of the subject property pursuant to the terms and conditions of said bid.

ATTEST:

_______________________________

Hedy Lipke, Borough Clerk

RESOLUTION 21

A RESOLUTION AUTHORIZING THE ACCEPTANCE AND APPROVAL OF

HIGHEST BID FOR THE SALE OF SURPLUS REAL PROPERTY

WHEREAS, the Borough of Kenilworth held a Public Auction for Lot 5.04, Block 15 on August 13, 2009; and

WHEREAS, Vincent Paparatto of 1049 Belair Court, Mountainside, New Jersey 07092 was the highest bidder for the subject property in the amount of $220,000.00.

NOW, THEREFORE, BE IT FURTHER RESOLVED on this 26th day of August, 2009 by the Council for the Borough of Kenilworth, County of Union, State of New Jersey as follows:

a.     Borough of Kenilworth accepts said bid; and

b.    Attorney for the Borough shall notify the bidder by written notice; and

c.    The Mayor is authorized to execute any and all documents to effectuate the sale and transfer of the subject property pursuant to the terms and conditions of said bid.

ATTEST:

_______________________________

Hedy Lipke, Borough Clerk

Regular Council Meeting – August 26, 2009                                                              Page 15

RESOLUTION 22

A RESOLUTION AUTHORIZING THE ACCEPTANCE AND APPROVAL OF

HIGHEST BID FOR THE SALE OF SURPLUS REAL PROPERTY

WHEREAS, the Borough of Kenilworth held a Public Auction for Lot 5.05, Block 15 on August 13, 2009; and

WHEREAS, Joseph Rizzo, 237 North 20th Street, Kenilworth, NJ 07033 was the highest bidder for the subject property in the amount of $230,000.00.

NOW, THEREFORE, BE IT FURTHER RESOLVED on this 26th day of August, 2009 by the Council for the Borough of Kenilworth, County of Union, State of New Jersey as follows:

a.     Borough of Kenilworth accepts said bid; and

b.    Attorney for the Borough shall notify the bidder by written notice; and

c.    The Mayor is authorized to execute any and all documents to effectuate the sale and transfer of the subject property pursuant to the terms and conditions of said bid.

ATTEST:

_______________________________

Hedy Lipke, Borough Clerk

RESOLUTION NO. 23

A RESOLUTION AUTHORIZING THE ACCEPTANCE AND APPROVAL OF

HIGHEST BID FOR THE SALE OF SURPLUS REAL PROPERTY

WHEREAS, the Borough of Kenilworth held a Public Auction for Lot 5.06, Block 15 on August 13, 2009; and

WHEREAS, Ross & Rosemarie Gullo, 15 Azalea Trail, Westfield, New Jersey 07090              was the highest bidder for the subject property in the amount of $220,000.00.

NOW, THEREFORE, BE IT FURTHER RESOLVED on this 26th day of August, 2009 by the Council for the Borough of Kenilworth, County of Union, State of New Jersey as follows:

a.     Borough of Kenilworth accepts said bid; and

b.    Attorney for the Borough shall notify the bidder by written notice; and

c.    The Mayor is authorized to execute any and all documents to effectuate the sale and transfer of the subject property pursuant to the terms and conditions of said bid.

ATTEST:

_______________________________

Hedy Lipke, Borough Clerk

Regular Council Meeting – August 26, 2009                                                              Page 16

RESOLUTION NO. 24

A RESOLUTION AUTHORIZING THE ACCEPTANCE AND APPROVAL OF

HIGHEST BID FOR THE SALE OF SURPLUS REAL PROPERTY

WHEREAS, the Borough of Kenilworth held a Public Auction for Lot 5.07, Block 15 on August 13, 2009; and

WHEREAS, Vincent Paparatto of 1049 Belair Court, Mountainside, New Jersey 07092 was the highest bidder for the subject property in the amount of $240,000.00.

NOW, THEREFORE, BE IT FURTHER RESOLVED on this 26th day of August, 2009 by the Council for the Borough of Kenilworth, County of Union, State of New Jersey as follows:

d.     Borough of Kenilworth accepts said bid; and

e.    Attorney for the Borough shall notify the bidder by written notice; and

f.     The Mayor is authorized to execute any and all documents to effectuate the sale and transfer of the subject property pursuant to the terms and conditions of said bid.

ATTEST:

_______________________________

Hedy Lipke, Borough Clerk

RESOLUTION NO. 25

PROCLAMATION

WHEREAS, every human life has matchless value; we must reaffirm our commitment to raising awareness about the importance of organ and tissue donation. We also wish to express our appreciation to those who have donated organs, tissue and bone marrow.

WHEREAS, over  102,000 Americans are currently on the waiting list for an organ transplant and thousands more need life enhancing tissue transplants.  I urge all New Jersey residents to register with the state’s donor registry; say yes to organ and tissue donation on their driver’s license; and share their decision with family and friends.  By taking these steps, New Jerseyans can help save lives.  My Administration is committed to strengthening organ and tissue donation programs and to increase the number of organs available for transplantation in compassionate spirit of our state.

WHEREAS, we celebrate the life-saving work of medical professionals and researchers and the many others whose actions reflect our commitment to a brighter tomorrow.  Individuals can visit www.DonateLifeNJ.org to register to become a donor, to learn the facts, and to understand how their decision to give the gift of life can make a difference in the world of so many who are in need.

Regular Council Meeting – August 26, 2009                                                              Page 17

NOW, THEREFORE, I, Kathi Fiamingo, Mayor of Borough of Kenilworth, by virtue of the authority vested in me by the citizens of Kenilworth, do hereby proclaim our community’s support of organ and tissue donation.  I call upon health care professionals, volunteers, educators, government agencies, faith-based and community groups, and private organizations to help raise awareness of the urgent need for organ and tissue donors throughout our state.

IN WITNESS WHEREOF, I have hereunto set my hand this 26th day of August, in the year of our Lord two thousand nine.

RESOLUTION NO. 26 (Copy Attached)

WHEREAS, the local municipal budget for the year 2009 was approved on March 25, 2009; and

WHEREAS, the public hearing on said budget has been held as advertised, and

WHEREAS, it is desired to amend said approved budget,

NOW, THEREFORE BE IT RESOLVED, by the Governing Body of the BOROUGH OF KENILWORTH, Union County, that the following amendments to the approved budget of 2009 be made:

Proposed Ordinance No. 2009-17 was read for a first reading as follows:  (Copy attached)

                                                      ORDINANCE NO. 2009-17

     AN ORDINANCE AMENDING ORDINANCE NO. 2009-12, CHAPTER 197.25, SECTION C OF THE CODE OF THE BOROUGH OF KENILWORTH COUNTY OF UNION, STATE OF NEW JERSEY (TEMPORARY MOBILE HOMES, TRAILERS AND STORAGE UNITS).

Mayor Fiamingo stated this Ordinance is an amendment to an ordinance to remove a restriction on the size of the dumpsters that may be placed based on comments received.  Unfortunately, after the second reading it was determined that the restriction for a 20 yard dumpster was probably not the best thing to do.  We are removing that restriction under this ordinance.  The final hearing for this ordinance will be September 23, 2009 at which time the public is invited to speak.

RESOLUTION NO. 27

Introduced by Sal Candarella, adoption moved by same.

Seconded by Kevin Leary

Be It Hereby Resolved: that Proposed Ordinance No. 2009-17 be and the same is hereby passed on first reading and ordered published for final hearing on September 23, 2009.

Upon roll call, all in favor.

Regular Council Meeting – August 26, 2009                                                              Page 18

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

Mayor Fiamingo asked anyone who had anything to say for the good and welfare of the Borough to please step forward and state their name and address for the record.  The Mayor asked the public to limit their comments to five minutes

Livio Mancino, 102 North 24th Street – Mr. Mancino commended the Mayor for being proactive on the Merck/Schering Plough merger.  He also commended Councilwoman Sosnosky for the crosswalk paintings. He asked Councilman Joho why he denied five people a raise and everyone else, because they are union, got their raises?  Councilman Joho said there are more than five people. He said we are obligated through collective bargaining agreements with the DPW and the PBA.  These are binding agreements and unless we want lawsuits, we have to adhere to these agreements that were signed by both parties.  Mr. Mancino asked if the Borough just hired a mechanic at the DPW for $30.00 per hour after buying three new trucks?  The Mayor replied that the Borough replaced the mechanic who has retired. Mr. Mancino asked if the Borough rescinded the waiver for $360,000.00?  The Mayor replied yes.  Mr. Mancino asked Councilman Joho what steps were implemented so that  we don’t have a duplication of what we had this year happen to us next year when we do not have any land to sell?  The Mayor asked Mr. Mancino to address the chair. She said that if Mr. Mancino would like to make a statement or question certain things then that is certainly his prerogative but this should not be a discussion period, it should be a time to make comments.  Councilman Joho said the Finance Committee met with the accountant and they are investigating the 2010 budget but there is nothing to say publically at this time.  Mr. Mancino asked if he could speak at the 9/11 Ceremony.  He said he deserves to speak because he was involved from the beginning. He also said he did not think it is OK to have the 9/11 ceremony at the Brearley Football game. The Mayor replied that she was not in charge of the ceremony.  Mr. Mancino asked her to relay the message to whoever is running the ceremony.     

Bob Beiner, 36 South 24th Street – Mr. Beiner asked if any Borough employees did work on Zoning Officer, Bob Herbert’s house after he had a fire?  The Mayor said in the past either the Police Department calls the DPW to board up windows or the Fire Department boards up the windows. She said the Borough will then send the bill to the insurance company.  She said it is a matter of safety that the windows and the door not be left exposed. Mr. Beiner asked if this is standard operating procedures? The Mayor said it is her understanding that in the past that either the Fire Department or the DPW secure the home.  Mr. Beiner asked Councilman Joho if he said $300,000.00 plus was going to go for the pension contribution.  Councilman Joho replied yes, we will be increasing the pension contribution and not taking the pension deferral and we are adding $363,140.00.  He said by not taking the pension deferral, we also eliminate the obligation to pay the 8% interest rate.

Joe Grimaldi, 34 North 14th Street – Mr. Grimaldi said he does not see anything wrong with having the 9/11 ceremony at the football game. 

Mr. Mancino asked when is the Octoberfest?  The Mayor replied October 25th.

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

Regular Council Meeting – August 26, 2009                                                              Page 19

GENERAL BUSINESS

The Mayor said that she initially considered the 9/11 ceremony be held in conjunction with the Brearley Football game because there would be a number of people going to the game at the same time as our service would be held here at Borough Hall.  She said it would have been her expectation that it would be an event that would be recognized at the football game whether it be before the game or at half time.  She said she did not think there would not be an acknowledgement at the game.  She said they decided to keep the event separate from the game for people that wished to have a solemn recollection as opposed to having to go to a football game.  The Mayor said one of the other reasons they decided to have the ceremony at Borough Hall was because they wanted to accommodate a member of Mr. Kauffer’s family, who is also attending a 9/11 ceremony in  Roselle Park which begins at an earlier time. 

ADJOURNMENT

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

8:45 P.M.                                                                                                                                            Respectfully submitted,

                                                                                                                                                                        Hedy Lipke, Borough Clerk  



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