Council Minutes from 8/25/2010
 

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, AUGUST 25,, 2010.  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, Fred Pugliese and Toni Sosnosky.  Kevin Leary 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 Klinder, seconded by Councilwoman Sosnosky, and carried that the minutes of the Work Session Meeting of June 13, the Regular Council Meeting of July 14, 2010 and the Special Work Session of August 2, 2010 and the Special Council Meeting of August 4, 2010 be dispensed with and approved as submitted.  (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS:

  1.  Letter from Susan C. Komen for the Cure asking permission to tie pink ribbons on downtown trees from October 1 through October 31, 2010.
  2. Letter from Michelle Wyss, 542 Newark Avenue, asking permission to have a Block Party on Newark Avenue on Saturday, September 25, 2010.
  3. Letter from Joe Finistrella, 4 Epping Drive, asking permission to have a Block Party on Epping Drive on Saturday, October 2, 2010.
  4. Invitation to attend the Union County POW/MIA Remembrance Day Ceremony on Friday, September 17th at 11:15 A.M. in front of the Courthouse.

REPORTS

1.    Municipal Court Report for the month of June, 2010.

2.    Police Department Report for the month of July, 2010.

3.    Construction Department Report for the month of July, 2010.

4.     Borough Clerk’s Report for the month of July, 2010.

5.    Fire Department/Rescue Squad Report for the month of July, 2010.

 It was moved by Councilwoman Candarella, seconded by Councilwoman Sosnosky  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 Borough will be commemorating September 11th at 11:00 am in front of Borough Hall.  In the event of inclement weather, it will be held inside the Court Room.

The Mayor also reported that September 11th and 12th is the Community Wide Garage Sale that is sponsored by the Kenilworth Historical Society.  If anyone wishes to obtain a permit for the garage sale they can get them at the Clerk’s Office in Borough Hall. If you participate in the sale

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your name will be placed in a listing and will be given out to everyone.  She said it is a well- attended and well-received event. 

Also on September 26th the Historical Society will be presenting its annual Freedom Run/Walk.  If you are interested in participating you can register in advance at the Borough Clerk’s Office, Especially Yours Florist, the Library, or you can register at 8:00 am the morning of the event at the Nitschke House.  You can also register on the Kenilworth Historical Society web site or the CompuScore web site.

The Mayor reminded everyone that the annual Octoberfest will  be held on Sunday, October 24th.  She said last year’s event was very good and she expect’s this year’s to be just as good.

DEPARTMENT OF FINANCE

Councilman Joho reported the Council has received the 2009 Annual Audit Report and everyone is currently reviewing it.  The Finance Committee has scheduled a meeting with the Auditor on September 21st to discuss the 2% spending cap and it’s ramification on our 2011 budget. 

DEPARTMENT OF PUBLIC WORKS

Councilwoman Sosnosky reported the Department of Public Works crew has been working on curb-side brush pick-up, painting yellow curbs and tree maintenance.  The Borough mechanic is working on the leaf machines in  preparation of  the upcoming leaf season.  Councilwoman Sosnosky read a portion of a letter received from Shirley Boyden-Maxwell, President of  the  Kenilworth Historical Society that reads as follows “The Kenilworth Historical Society would like to express their gratitude for the tremendous assistance that Dan Ryan and the Department of Public Work staff members, Derick Defuria, Joe Ferry, Ron Friedman, Michael Kretchner and Walter Krieck provided most recently in moving a large pot-bellied stove from a local donor’s property to the Oswald J. Nitschke House. The size, weight and compromised condition of the stove precluded us from carrying out the relocation ourselves so we are especially grateful to Dan for his willingness and ability to help us.  We cannot thank them enough for their special interest and care that they took in planning and executing the move in order to bring it to fruition and for the pleasant and effective manner in which they did so.  As always, their assistance is truly appreciated.” 

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese reported that the police announced they received a grant in the amount of $4,400.00 from the New Jersey Division of Highway Safety.  The Police Department is currently looking into electronic E-Ticketing through the Union County Police Info Cop Program as a shared service.  The e-ticketing system does not involve any up-front capitol expense to the Borough.  The only charge is a curb ticket fee thereafter.  The system would issue tickets in a more uniform and productive manner.  It would also coordinate the tracking of the ticket by the Violations Bureau.  Chief Grady is looking into switching over to this system for the Borough .

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DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman Candarella reported that this week he received a land use element of the Master Plan which is a big part of the Master Plan.  Mayor and Council are reviewing it and there will be a public meeting when it is altogether.

DEPARTMENT OF RECREATION AND FIRE

Councilman Leary was absent.  The Mayor reported that the Fire Department’s Carnival was a hugh success even though there were a couple of days of rain.  She said it was a lot of fun and very well attended.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

 

Councilman Klinder reported that the Kenilworth Board of Health will be presenting their annual Health Fair on Saturday, September 25, 2010 at 9:00 am to 12:00 pm at St. Theresa’s School on Washington Avenue.

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

 

CONSENT AGENDA

Resolutions No. 1 thru 12 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.

 

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 Raffle License #992 in the amount of $180.00 and;

WHEREAS, the fee was found to be incorrect;

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

draw a warrant in the amount of $100.00 payable to the order of:

           

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Kenilworth Bears

PO Box 136

Kenilworth, NJ  07033

RESOLUTION NO. 3

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

                       

                         

#994  St. Theresa Home School Association for a Calendar Raffle on October 8, 15 22 & 29, November 5,12, 19, 26, December 3, 10, 17, 24 & 31 at 541 Washington Avenue, Kenilworth, NJ.

#995  Kenilworth Historical Society two On-Premise 50/50 Raffle on October 9, 2010 at 3:00 PM at 33 South 21st Street and October 23, 2010 at 8:30 AM at North 22nd Street, Kenilworth, NJ

RESOLUTION NO. 4

Be It Hereby Resolved:  That the Borough Clerk authorize the amendment to the following  Bingo Licenses:    

#2-10 St. Theresa’s R. C. Church to change the admission from $3.00 to $1.00 and also to change Game 8 from two parts to a full board and also change the prize to $500.00 + $100.00 for Starburst.

           

                         

#5-10 St. Theresa’s Father’s Guild to change the admission from $3.00 to $1.00 and also to change Game 8 from two parts to a full board and also change the prize to $500.00 + $100.00 for Starburst.

#03-10 St. Theresa’s Mother’s Guild to change the admission from $3.00 to $1.00 and also to change Game 8 from two parts to a full board and also change the prize to $500.00 + $100.00 for Starburst.

RESOLUTION NO. 5

WHEREAS, Marilyn Recknagel paid the property taxes for the 3rd quarter of 2010 twice for the property located at 730 Kingston Avenue, Kenilworth, NJ, and;

WHEREAS, this resulted in a tax overpayment for the 3rd quarter of 2010;

WHEREAS, Marilyn Recknagel has requested that the overpayment of the 3rd quarter be refunded to her;

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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 a refund as stated below.

Block                       Lot                     Payable To:                                                   Amount

            124                              16                    Marilyn Recknagel                                          $ 1,448.35

                                                                        730 Kingston Avenue

Kenilworth, NJ 07033

                                                                                                                        TOTAL            $ 1,448.35

RESOLUTION NO. 6

A RESOLUTION AUTHORIZING THE MAYOR AND MUNICIPAL CLERK OF THE MUNICIPALITY OF KENILWORTH TO EXECUTE AN AGREEMENT WITH THE COUNTY OF UNION TO MODIFY THE INTERLOCAL SERVICES AGREEMENT DATED DECEMBER 15, 1974, AS AMENDED

WHEREAS, certain Federal funds are potentially available to the County of Union under Title 1 of the Housing and Community Development Act of 1974, as amended, commonly known as the Community Development Block Grant Program; and

WHEREAS, certain Federal funds are potentially available to the County of Union under Title II of the National Affordable Housing Act of 1990, commonly known as the HOME Investment Partnership program; and

WHEREAS, it is necessary to amend an existing Interlocal Services Agreement for the County of Union and its people to benefit from this program; and

WHEREAS, it is in the best interest of the Municipality of Kenilworth and the County of Union in cooperation with each other to enter into a modification of the Interlocal Services Agreement pursuant to N.J.S.A. 40:8A-1;

NOW THEREFORE, be it resolved by the Mayor and Governing Body of the Municipality of Kenilworth that the agreement entitled “Agreement to Modify Interlocal Services Agreement dated December 15, 1974, for the Purpose of Inserting a Description of Activities for the Fiscal Year 2010 – 2011 Union County Community Development Block Grant Program, and the Fiscal Year 2010 – 2011 of  HOME Investment Partnership program, a copy of which is also attached hereto; be executed by the Mayor and Municipal Clerk in accordance with the provisions of law;

BE IT FURTHER RESOLVED that this resolution shall take effect immediately upon its adoption.

Passed: _________________________                                          

Approved: _______________________

Dated:    ________________________

Attest: __________________________

                                                                                   

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AGREEMENT

AN AGREEMENT TO MODIFY INTERLOCAL SERVICES AGREEMENT DATED DECEMBER 15, 1974, AS AMENDED, FOR THE PURPOSE OF INSERTING A DESCRIPTION OF ACTIVITIES FOR THE FISCAL YEAR 2010-2011 UNION COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND THE FISCAL YEAR 2010 – 2011 OF THE HOME INVESTMENT PARTNERSHIP PROGRAM.

WHEREAS, this contract, the Interlocal Services Agreement, dated December 25, 1974, was entered into by various parties, including the Municipality of Kenilworth; and

WHEREAS, in order to meet federal requirements there must be a binding agreement in effect; and

WHEREAS, the Interlocal Services Act requires a specific delineation of activities to be included in the Agreement, and it is necessary to amend the said Agreement to insert a description of activities for the Fiscal Year 2010-2011 Union County Community Development Block Grant Program and Fiscal Year 2010 – 2011 of the HOME Investment Partnership Program;

NOW THEREFORE, it is mutually agreed that the Interlocal Services Contract dated December 15, 1974 be amended by adding the following Section:

            Section D-1 (Agreement as to Specific Activities)

1.      Contained in the Action Plan Fiscal Year 2010-2011 Union County Consortium Consolidated Plan.

Municipality of ______________________

By: ________________________________

                                                                                                                                    Mayor

Dated: _________________________

Attest: _________________________

RESOLUTION NO. 7

BE IT HEREBY RESOLVED:  That a resolution to permit the Mayor and Borough Clerk to execute Easement Agreements for Borough Right of Way for Fiber Optics

Be It further Resolved:

                                    The Borough of Kenilworth, Union County, New Jersey

Hereby consents to have the Mayor and Borough Clerk execute a Communication Easement Agreement for fiber optics along Borough Right of Way after the Borough Attorney has negotiated and approved the form of Agreement.

DATE:  August 25, 2010

                                                                                    ___________________________________

                                                                                    Hedy Lipke, Borough Clerk

I hereby certify that the foregoing is a true

And correct copy of a resolution duly adopted by the

BOROUGH OF KENIWLORTH

On the 25th day of August, 2010

Hedy Lipke, Borough Clerk

908-276-9090

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RESOLUTION NO. 8

WHEREAS, August 26, 2010 marks the 90th anniversary of the ratification of the 19th Amendment, guaranteeing women’s right to vote; and

WHEREAS, the beginning of the debate over a women’s right  to vote began at the world’s first Woman’s Rights Convention in Seneca Falls, NY in 1848; and

WHEREAS, the campaign continued for seventy-two years highlighted by the extraordinary efforts of New Jerseyan Alice Paul; and

WHEREAS, support for the movement grew and on August 26, 1920, the final state ratification for the amendment was passed and the enfranchisement of women became law; and

WHEREAS, this date also marked the re-enfranchisement of women in New Jersey after an absence of 113 years; and

WHEREAS, this year’s 90th anniversary of the greatest single expansion of citizenship rights in the United States presents a remarkable opportunity both to honor the unrelenting tenacity and spirit of the multitude of women and men who worked to secure women’s right to vote and also to illustrate how much can be achieved in a democratic society by the collective efforts of citizens committed to political reform; and


WHEREAS, it was the hope of our Foremothers who fought and died for Women’s Suffrage that future generations of women would use that hard-won vote to make this a better world and to fight  for full equality and justice for women; and

NOW, THEREFORE, BE IT RESOLVED by the Borough of Kenilworth that August 26, 2010, the 90th anniversary of the constitutional affirmation of women’s right to vote in the United States, be celebrated by governing agencies at the local, state, and national level, as well as by educational institutions, workplaces, civic organizations, places of worship, and communities throughout the nation, with programs, events, proclamations, performances, parades, conferences, and other special ceremonies worthy of this uniquely important and historic occasion.

RESOLUTION NO. 9

WHEREAS, August 26, 2010 marks the 90th anniversary of the ratification of the 19th Amendment, guaranteeing women’s right to vote; and

WHEREAS, the beginning of the debate over a women’s right  to vote began at the world’s first Woman’s Rights Convention in Seneca Falls, NY in 1848; and

WHEREAS, the campaign continued for seventy-two years highlighted by the extraordinary efforts of New Jerseyan Alice Paul; and

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WHEREAS, support for the movement grew and on August 26, 1920, the final state ratification for the amendment was passed and the enfranchisement of women became law; and

WHEREAS, this date also marked the re-enfranchisement of women in New Jersey after an absence of 113 years; and

WHEREAS, this year’s 90th anniversary of the greatest single expansion of citizenship rights in the United States presents a remarkable opportunity both to honor the unrelenting tenacity and spirit of the multitude of women and men who worked to secure women’s right to vote and also to illustrate how much can be achieved in a democratic society by the collective efforts of citizens committed to political reform; and


WHEREAS, it was the hope of our Foremothers who fought and died for Women’s Suffrage that future generations of women would use that hard-won vote to make this a better world and to fight  for full equality and justice for women; and

NOW, THEREFORE, BE IT RESOLVED by the Borough of Kenilworth that August 26, 2010, the 90th anniversary of the constitutional affirmation of women’s right to vote in the United States, be celebrated by governing agencies at the local, state, and national level, as well as by educational institutions, workplaces, civic organizations, places of worship, and communities throughout the nation, with programs, events, proclamations, performances, parades, conferences, and other special ceremonies worthy of this uniquely important and historic occasion.

RESOLUTION NO. 10

Whereas, the Borough of Kenilworth held a tax sale on June 29, 2010 for delinquent 2009 property taxes, and a tax lien was purchased by Royal Tax Lien Services, LLC on property located at 746 Newark Avenue, Kenilworth, NJ, and

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

Whereas, the Lienholder paid to the Collector of Taxes a premium in the amount of $4,500.00 and since the statutory period of five years has not passed, these funds must also be returned.

Now therefore be it resolved, that the Treasurer be and is hereby authorized to draw a warrant to the named Lienholder as follows, To be refunded upon receipt of the original Certificate of Sale #10-00006 by the Collector of Taxes:

Royal Tax Lien Services, LLC

115 West Avenue, Suite 300

Jenkintown, PA 19046

REDEMPTION AMOUNT

$6,683.85

PREMIUM TRUST ACCOUNT

$4,500.00

Treasurer’s Note: 1099 = $257.07

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RESOLUTION NO. 11

WHEREAS, CoreLogic paid the property taxes for the 3rd quarter of 2010 for the property located at 544 Passaic Avenue, Kenilworth, NJ, and;

WHEREAS, this resulted in a tax overpayment for the 3rd quarter of 2010;

WHEREAS, CoreLogic has requested that the overpayment of the 3rd quarter be refunded to them;

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 a refund as stated below.

 

Block                       Lot                     Payable To:                                                   Amount

            140                              17                    GMAC Mortgage, LLC                                   $ 1,632.83

%CoreLogic                                                   

                                                                        Attn: Tax Refunds

Mail Code: DFW1-3

1 CoreLogic Drive

Westlake, TX 76262

                                                                                                                        TOTAL            $ 1,632.83

RESOLUTION NO. 12

WHEREAS, an attorney closing check paid the property taxes for the 4th quarter of 2008 for the property located at 35 Sherwood Road, Kenilworth, NJ, and;

WHEREAS, this resulted in a tax overpayment for the 4th quarter of 2008;

WHEREAS, the property owner, Caroline Budis has requested that the overpayment of the 4th quarter be refunded to them;

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 a refund as stated below.

Block                       Lot                     Payable To:                                                   Amount

            68                                19                    Budis, Joseph & Caroline                               $ 43.24

35 Sherwood Road                                                    

                                                                        Kenilworth, NJ 07033

                                                                                                                        TOTAL            $ 43.24

                                                           

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RESOLUTION NO. 13

Introduced by Scott Klinder adoption moved by same

Seconded by Toni Sosnosky

Whereas, the Borough of Kenilworth held a tax sale on June 12, 2008 for delinquent 2007 property taxes, and a tax lien was purchased by Crusader Lien Services on property located at 310 Monroe Avenue, Kenilworth, NJ, and

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

Whereas, the Lienholder paid to the Collector of Taxes a premium in the amount of $10,000.00 and since the statutory period of five years has not passed, these funds must also be returned.

Now therefore be it resolved, that the Treasurer be and is hereby authorized to draw a warrant to the named Lienholder as follows, To be refunded upon receipt of the original Certificate of Sale #08-00001 by the Collector of Taxes:

Crusader Lien Services

179 Washington Lane

Jenkintown, PA 19046

REDEMPTION AMOUNT

$25,687.98

PREMIUM TRUST ACCOUNT

$10,000.00

Treasurer’s Note: 1099 = $4,196.58

Roll Call:  Candarella voted yes, Joho voted yes, Klinder voted yes, Sosnosky voted yes.  Pugliese abstained.

RESOLUTION NO. 14

Introduced by Scott Klinder adoption moved by same

Seconded by Toni Sosnosky

Whereas, the Borough of Kenilworth held a tax sale on June 7, 2006 for delinquent 2005 property taxes, and a tax lien was purchased by JN Properties on property located at 215 North 8th Street, Kenilworth, NJ, and

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

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Now therefore be it resolved, that the Treasurer be and is hereby authorized to draw a warrant to the named Lienholder as follows, To be refunded upon receipt of the original Certificate of Sale #05-00001 by the Collector of Taxes:

JN Properties

175 Market Street, #301

Paterson, NJ 07050

REDEMPTION AMOUNT

$50,522.52

Treasurer’s Note: 1099 = $18,611.59

Roll Call:  Candarella voted yes, Joho voted yes, Klinder voted yes, Sosnosky voted yes.  Pugliese abstained.

RESOLUTION NO. 15

Introduced by Scott Klinder adoption moved by same

Seconded by Toni Sosnosky

Whereas, the Borough of Kenilworth held a tax sale on June 12, 2008 for delinquent 2007 property taxes, and a tax lien was purchased by Crusader Lien Services on property located at 604 Newark Avenue, Kenilworth, NJ, and

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

Whereas, the Lienholder paid to the Collector of Taxes a premium in the amount of $5,200.00 and since the statutory period of five years has not passed, these funds must also be returned.

Now therefore be it resolved, that the Treasurer be and is hereby authorized to draw a warrant to the named Lienholder as follows, To be refunded upon receipt of the original Certificate of Sale #08-00007 by the Collector of Taxes:

Crusader Lien Services

179 Washington Lane

Jenkintown, PA 19046

REDEMPTION AMOUNT

$24,828.06

PREMIUM TRUST ACCOUNT

$5,200.00

Treasurer’s Note: 1099 = $4,056.47

Roll Call:  Candarella voted yes, Joho voted yes, Klinder voted yes, Sosnosky voted yes.  Pugliese abstained.

Council Meeting – August 25, 2010                                                                            Page 12

Proposed Ordinance No. 2010-10 was read for second reading as follows:  (Copy appears in Minutes of July 14, 2010)

ORDINANCE NO. 2010-10

ORDINANCE PROVIDING THAT $2,176.51 ORIGINALLY APPROPRIATED FOR VARIOUS PROJECTS ARE NO LONGER NEEDED FOR SUCH PURPOSES AND REAPPROPRIATING SUCH PROCEEDS IN ORDER TO PROVIDE FOR ADDITIONAL FUNDING TO ORDINANCE NO. 2010-09 FOR THE REMOVAL OF AN UNDERGROUND OIL TANK AND RELATED SITE REMEDIATION IN AND BY THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, NEW JERSEY.

Mayor Fiamingo stated this is a second reading on an Ordinance that would allow us to appropriate funds from one Ordinance to another for the remediation of the oil tank at the OEM Building. 

Mayor Fiamingo asked if anyone wished to speak regarding Ordinance No. 2010-10 to please step forward and state their name and address for the record. 

No one wished to speak and the Mayor closed the hearing on Ordinance 2010-10.

 

RESOLUTION NO.16

Introduced by Sal Candarella adoption moved by same.

Seconded by Brian Joho

Be It Hereby Resolved: that Proposed Ordinance 2010-10 be and the same is hereby passed on second and final reading an ordered published according to law.

Roll Call:  All in favor.

Proposed Ordinance No. 2010-11 was read for second reading as follows:  (Copy appears in Minutes of July 14, 2010)

ORDINANCE NO. 2010-11

ORDINANCE PROVIDING THAT $57,460.13 ORIGINALLY APPROPRIATED FOR VARIOUS PROJECTS ARE NO LONGER NEEDED FOR SUCH PURPOSES AND REAPPROPRIATING SUCH PROCEEDS IN ORDER TO PROVIDE FUNDING FOR RENOVATIONS TO VARIOUS MUNICIPAL FACILITIES IN AND BY THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, NEW JERSEY.

Mayor Fiamingo stated this is a second reading on an ordinance that re-appropriates funds from

other projects that were not needed for those projects and  would allow us to perform certain repairs

that are needed throughout the Borough on municipal facilities.

Mayor Fiamingo asked if anyone wished to speak regarding Ordinance No. 2010-11 to please step forward and state your name and address for the record. 

Council Meeting – August 25, 2010                                                                            Page 13

Livio Mancino, 102 North 24th Street – Mr. Mancino asked why the Borough is spending this money when they are at a 2% cap and the taxes are out of sight.  He asked if these were necessitated before when we didn’t have the funds and now we do?  The Mayor said these were projects that were originally started in 1993, 2000 and 2002.  She said  Ordinance No. 1993-26 was for various improvements and the amount cancelled was $29,977.23, Ordinance No. 2000-19 was also for various improvements for $15,020.09 and Ordinance No.  2002-04 for $12,462.81 was also for various improvements.  She said these are old ordinances in which the funds were not needed for those projects.  Mr. Mancino said someone was sleeping at the watch and it is outrageous that the funds were not being used and just sitting there.  The Mayor said now we are re-appropriating the funds.  Mr. Mancino asked if the Borough is going to check and see if there are other monies not used and are they going to find some money two years from now?  He said there should be someone watching to see if the funds go unused after two years and if not it should be rescinded.  Mr. Mancino asked what the $57,000.00 will be used for?  The Mayor said some of the money will go to repair the roof at the OEM Building and some will go for the boiler that is down at the Recreation Building.   She said we found this money in old ordinances and we are using the funds in an appropriate financially sound manner.  Mr. Mancino said if the boiler in the Recreation Center was in bad shape and you did not find this money then you would have had to close the Recreation Building  The Mayor said no, the Borough would have used their capital to handle those type of items. She said we did not have to use our capital because we found the money in old ordinances.  Mr. Mancino asked if these items needed to be fixed when the budget was being passed months ago  and did the Borough have to say no to these items and not put them in the budget because they did not have the $50,000?  The Mayor said to Mr. Mancino as he knows because he was the Mayor for so many years, that although the budget has been passed, they have not yet appropriated the funds for capital projects.  She said had these items needed to be done then they would have used the capital budget to do them.  She said we were fortunate to be able to find the funds through our  CFO, Mr. Ordway who is continually looking through old ordinances to find unused funds.   Mr. Mancino said that when you appropriate the capital budget, you cannot just appropriate a fund, you have to say what it is being used for.  The Mayor said yes when we pass the capital ordinances we have to do that.  The Mayor said we passed a budget that provides for a capital fund of a certain amount but we have not yet appropriated those funds for a specific project.  Councilman Joho said we have $50,000.00 set aside for the Capital Budget which allows for us to do one million.  Mr. Mancino asked if at this  point you have designated no capital projects except that you have allocated $50,000.00 for these projects?  Councilman Joho said our engineers are working on pending Capital Projects.  The Mayor said we have passed a Capital Ordinance for the acquisition of the facility across the street. Mr. Mancino said that if he was running a business this way he would be reluctant to say you are doing a good job with the tax payer’s money and he takes exception to this action.

Councilman Joho said he takes exception to that statement but the CFO is doing a tremendous job looking back at these prior ordinances where unexpended funds have been sitting for some time.  He said he thinks it is a great find for the Municipality to have hired Mr. Ordway and so far it is more than showing in his work as a Finance Officer.  He said as we go into any budget year, we have an idea of what projects need to be done as far as capital projects.  He said obviously, as any homeowner knows, there are projects that pop up unexpectedly for the municipalities like boilers, roof maintenance, etc.   He said we are fortunate at this stage that there were funds available from past ordinances that will satisfy these expenditures without us reallocating capital funds that may have gone to other projects.   He said this ordinance stands

Council Meeting – August 25, 2010                                                                            Page 14

for itself in the fact that these are funds that were unexpended, sitting for many years and our Finance Officer found them and we are re-appropriating them for useful purposes.

Tom Wyckoff, Kingston Avenue – Mr. Wyckoff asked if the money they found was laying in a bank somewhere or was it stuffed in somebody’s desk drawer?  He asked if the Borough balances their checkbook each year and why they did not notice the money earlier?  The Mayor said the funds were there and designated for a specific projects and sometimes these projects take forever to get the final sign-off from the engineer or the bond has to be paid, etc.  Mr. Wyckoff asked if the money was just lying around and the Mayor said no it was in the bank.

Mayor Fiamingo asked if anyone else wished to speak?

Seeing no one, the Mayor closed the hearing on Ordinance 2010-11.

RESOLUTION NO. 17

Introduced by Scott Klinder adoption moved by same.

Seconded by Sal Candarella

Be It Hereby Resolved: that Proposed Ordinance 2010-11 be and the same is hereby passed on second and final reading an ordered published according to law.

Roll Call:  All in favor

RESOLUTION NO. 18

Introduced by Sal Candarella adoption moved by same.

Seconded by Brian Joho

CHANGE ORDER

“OIL TANK REMOVAL & SITE REMEDIATION AT OEM BUILDING”

BE IT HEREBY RESOLVED:  That the Contract for “Oil Tank Removal & Site Remediation at OEM Building” awarded to “Tank Solutions, is hereby amended as per Change Order #1 to add the amount of $2,176.51.  The total contract amount will now be $17,176.51.

BE IT FURTHER RESOLVED that the Mayor be authorized to sign said Change Order.

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 is attached.

Certification of Funds:

Date: _________________

Appropriation: ______________

_______________________________

Chief Financial Officer

The Borough Clerk stated that this is coming out of  Ordinance 2010-10 which  was just passed.

Roll Call:  All in favor.

Council Meeting – August 25, 2010                                                                            Page 15

RESOLUTION NO. 19


Introduced by Sal Candarella adoption moved by same

Seconded by Brian Joho

WHEREAS, Borough Engineers Grotto Engineering Associates requested quotes for “Emergency Management Building Roof Repairs” and two proposals were received: and

WHEREAS, Borough Engineer Richard O’Connor has recommended award of this project to Clark Builders, 25 Broadway, Clark, NJ  07066, this being the lowest quote.

NOW, THEREFORE, BE IT RESOLVED that Clark Builders be awarded the contract for “Emergency Management Building Roof Repairs” at a cost of $5,860.00.

CERTIFICATION OF FUNDS

DATE: _____________________________

APPROPRIATION: ___________________

TREASURER:  ______________________

The Borough Clerk stated that this is coming from Ordinance No. 2010-11.

                       

Roll Call:  All in favor.

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

MEETING OPEN TO THE PUBLIC

Tom Wyckoff, Kingston Avenue – Mr. Wyckoff asked Councilman Candarella if he can get the inspectors in the Building Department to coordinate their activities a little better?  He said he has his furnace replaced and an oil tank removed and he did not know he had to clear his calendar for a month to get the inspections done.  He said the Plumbing Inspector cancelled his inspection at the last minute, after he already had the contractor  at his house to do the pressure test.  He had to reschedule that inspection and when he did that the plumbing inspector showed up two hours early.  The Electrical Inspector was ringing his doorbell at 7:00 am and he was not expecting that.  He asked if they can coordinate their inspections a little better.  Councilman Candarella said it is difficult for them because they work in other towns but he will have a conversation with each of them to try and get them to make their appointments on time.

Livio Mancino, 102 North 24th Street – Mr. Mancino asked the Council if they are checking their insurance policies because they are increasing the property values in an exorbitant amount.  He said the councilman in charge of that should be looking at the policy and should not be increasing property values on your insurance policy, if anything it should come down.  Mr. Mancino suggested to the Mayor and Council that residents send in their questions via e-mails.  He said if the Council takes five questions during a meeting it will enhance the public knowledge on different questions.  He said the Borough Clerk should go through the e-mails to determine that the e-mails are legitimate.  Mr. Mancino  said he does not want to criticize the Governing Body but he thinks a mixed body of both sides always

Council Meeting – August 25, 2010                                                                            Page 16

helps to level the playing field.  He said it is very difficult and to hear five or six yes votes on almost everything and it makes him feel like the Council has not spent enough time looking into things. 

Councilman Klinder said that two months ago Mr. Mancino praised the Council for voting no on certain items.

John Bury, 417 North 15th Street – Mr. Bury said he agrees with Mr. Mancino as far as the e-mails are concerned.  Mr. Bury said Union County is going to spend 45 million dollars to put solar panels on buildings and the list excludes Elizabeth and Kenilworth.  He said he finds it hard to believe Kenilworth or Elizabeth does not have southern exposure.  He asked if the County consulted Kenilworth regarding solar panels?  Councilman Klinder said they came to the Library to look into solar panels.  The Mayor said the County did their own analysis and they also spoke to the Borough Engineer.  She said it certainly was not a case of the Borough not being interested.  She said if the Borough can get a piece of 45 million dollars worth of improvements, they would have done it. 

Mr. Bury said in 2007 Corzine said part-time Borough Attorney’s are not supposed to be in the Pension System.  He said he looked through Union County and of the 21 towns, 11 have part timers.  He said Plainfield, Union, Linden and Elizabeth have full time attorneys.  He said Fanwood and Kenilworth are the only towns that their Borough Attorneys appear to be in the Pension System.  He asked if they are supposed to be in the Pension System?  The Mayor said she only received Mr. Bury’s  letter yesterday and she asked Mr. Fruchter to explain why he is in the system but she said the pension system would not have him in the system if he was not eligible. She said it was her understanding that the provision signed by Governor Christie only applied to new part-time employees not being eligible for PERS.   She said she had a paper dated March 23, 2010 regarding Governor Christie signing pension reform.  Mr. Bury said when he goes down the list of the guys making  $20,000.00 they are not on the data universe.  The Mayor said maybe it depends on how long they have been in the system.  Mr. Bury said he does not know whether there is grandfathering involved.  The Mayor said she believes there is grandfathering involved.

Attorney Fruchter said it costs him $1370 per year to contribute.  He said he never asked or not asked to be in it.  He said he has been in ever since the DCA issued recommendations on going into the pension system years ago.  He said to the best of his recollection he is grandfathered in.   Mr. Bury said it was odd that so many attorneys were not on the list and personally he does not think Mr. Fruchter is getting any deal on being in it.  Mr. Fruchter said it prevents him from having an IRA.  The Mayor said it is her understanding that Mr. Fruchter has been in the plan since before 2001.  Mr. Fruchter said he has been in before 2001 because he was in with the Township of Springfield.   Mr. Bury said the plan is going broke and Mr. Fruchter is not going to see anything anyway.

Livio Mancino  - Mr. Mancino said the Borough should look at all ordinances from 2008 and back and make sure there is not any money just sitting there dormant.  He said the CFO should be instructed to go back even though he knows it will take a lot of time.  Mr. Mancino said he is totally opposed to Freeholders.  He said we could save  2 or 3 million dollars if we did not have  Freeholders.  He said they are all nice people and democrats and he is going

to pay hell for this but he said we should do away with Freeholders.  

Council Meeting – August 25, 2010                                                                            Page 17

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

GENERAL BUSINESS

No one had anything to say.

ADJOURNMENT

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

8:50 P.M.                                                                                                                                                                                                         Respectfully submitted,

                                                                                                                                                                                                                                    

                                                                                     Hedy Lipke, Borough Clerk  



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