Council Minutes from 10/13/2010
 

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, OCTOBER 13, 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, Kevin Leary, Fred Pugliese and Toni Sosnosky.    

Mayor Fiamingo reported that Councilman Candarella had a death in the family and could not be here tonight. She said her thoughts and prayers are with him and his wife.

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

The Salute to the Flag was led by Mayor Fiamingo.

MINUTES

It was moved by Councilman Joho, seconded by Councilwoman Sosnosky, and carried that the minutes of the Work Session Meeting of September 21, 2010 and the Regular Council Meeting of September 22, 2010 be dispensed with and approved as submitted.  (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS:

  1. Letter from Analia M. Quitete, 175 South 23rd Street, citing the poor condition of the Street and asking if something can be done.
  2. Letter from Shirley Boyden Maxwell, Kenilworth Historical Society, thanking the Governing Body for their support of the Freedom Run and Walk and acknowledging the help of a number of people and also enclosing a check in the amount of $1,050 which represents the Borough’s share of the Community Wide Garage Sale permit fees.

REPORTS

    1. Police Report for the month of September, 2010.
    2. Construction Department Report for the month of September, 2010.
    3. Borough Clerk’s Report for the month of September, 2010.
    4. Fire Department/Rescue Squad report for the month of September, 2010.

 It was moved by Councilman Klinder, seconded by Councilman Leary, 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 that Four Centuries in a Weekend at the Nitschke House will be on Saturday, October 16th from 10:00 am to 5:00 pm and on Sunday, October 17th from 12:00 noon to 5:00.  The Mayor read a portion of a letter sent to her from Shirley Boyden Maxwell, President of the Historical Society “We are extremely grateful to Police Chief Ken Grady, Lt. John Zimmerman, Sgt. Wayne Fennes, Deputy Jonathan Lipke and other members of the Kenilworth Police Department and Office of Emergency Management for their valued assistance with  traffic control, safety precautions and other important aspects of the 5K Run/3K Walk.  We also

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greatly appreciate all the help Dan Ryan and Walter Krieck of the Department of Public Works provided as well as the special support we received from Borough Clerk Hedy Lipke and staff, Captain Vecci of the Rescue Squad, Scott Miller of David Brearley Middle High School and Dale Spindel and the staff of the Kenilworth Public Library and also the many local businesses and organizations that helped sponsor the event.  It was especially rewarding to have a number of representatives of the Borough Council participating”.  The Mayor added it was a very nice event and it was nice to see that everybody gets involved in something like that.

The Mayor said the Union County 12th Annual Red Ribbon event will be held on October 23, 2010.  It will be a little different this year because they will not be starting at the High School and walking to Nomahegan Park.  They will start at Nomahegan Park at 9:30 AM with a 4 mile walk and a Family Walk at 12:00 PM.  The other events will be from 11:00 am to 4:00 pm.

The Street Festival will be on October 24, 2010 from 10:00 am to 5:00 pm along the Boulevard.  If anyone is interested in getting a table they can contact JC Promotions at 201-998-1144 or visit the web site at [email protected].

DEPARTMENT OF FINANCE

Our Finance Officer and Tax Collector has reported that tax collections for the first thru third quarters is at 99%.  Last year at this time we were at 98.7% so this is a very good collection rate.  There are 78 delinquent accounts vs. 99 last year but overall the tax collection picture remains very positive.  In regards to miscellaneous revenue, although there are some positive increases, our revenue numbers still reflect the challenges precipitated by the sluggish economy.  Miscellaneous revenues are down 5% from last year at this time.  Although we have positive growth in revenues from licenses, fees and permits, court fines along with an increase on interest on our investments. 

DEPARTMENT OF PUBLIC WORKS

Councilwoman Sosnosky reported the DPW crew has been working on curb side brush pick-up, maintenance of the sanitary sewers and cleaning the storm water catch basins.  As a requirement of the Municipal Storm Water Management Plan the Superintendent is purchasing storm drain markers using money from our Tonnage Grant. 

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese reported the Kenilworth Police Department received a reimbursement check in the amount of $4,400.00 as a result of conducing two DWI checkpoints this summer.  In addition, on September 25th the Kenilworth Police Department, in conjunction with the DEA, conducted Operation Take Back.  Two large boxes of unwanted medication were turned in by Borough residents. The Detective Bureau has a new e-mail so that crime tips can be e-mailed to them for them to investigate.  The e-mail address is [email protected] and is sponsored by the Detective Bureau.  Anyone sending tips to this e-mail will remain anonymous and may be eligible for a reward from Union County Crime Stoppers based on the tip.  He said everyone in town can help take a bite out of crime.

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DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman Candarella was absent.

DEPARTMENT OF RECREATION AND FIRE

Councilman Leary reported the Recreation Department’s Halloween Parade is going to be held on Saturday, October 30, 2010.  The parade kicks off at 10:00 am and will be marching from the Recreation Building to the back of Harding School.  Crafts will be held on Saturday, October 23, 2010 from 10:00 am to 12:00 noon for grades K thru 2.  Crafts will be held for grades 3rd thru 8th grade will be on Friday, October 29, 2010 from 7:30 pm to 9:30 pm at the Recreation Building.  For more information regarding these events and any other events, our web site is www.kenilworthrecreation.com .

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Klinder reported the Health Fair was held on Saturday, September 25, 2010 at St. Theresa’s and there was a lot of positive feedback.  Flu Shots will be available this Thursday, October 14th at David Brearley High School from 6:00 pm to 9:00 pm in the cafeteria. At the Library on October 18th from 3:00 pm to 7:00 pm the Blood Center will have their van parked in front of the Library.  The Library will have a presentation of snakes and turtles from the Trailside Museum on November 5th.

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

 

CONSENT AGENDA

Resolutions No. 1 thru 11 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 Klinder 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

WHEREAS, Alexis Retana, the property owner, paid the property taxes for the 2nd and 3rd quarters of 2010 for the property located at 632 Newark Avenue, Kenilworth, NJ, and;

WHEREAS, the mortgage company also paid the taxes on this property and this resulted in a tax overpayment for the 2nd and 3rd quarter of 2010;

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WHEREAS, Alexis Retana has requested that the overpayment of the 2nd and 3rd quarters be refunded;

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

            123                              12                    Alexis Retana                                                  $ 2,800.99

632 Newark Avenue

                                                                        Kenilworth, NJ 07033

                                                                                                                        TOTAL            $ 2,800.99

RESOLUTUION NO. 3

WHEREAS, Wells Fargo Home Mortgage paid the property taxes for the 1st quarter of 2010 for the property located at 46 North 22nd Street, Kenilworth, NJ, and;

WHEREAS, this resulted in a tax overpayment for the 1st quarter of 2010;

WHEREAS, Wells Fargo Home Mortgage has requested that the overpayment of the 1st 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

82                                20                    Wells Fargo Home Mortgage                         $ 1,336.92

Mac X2302-04D

1 Home Campus                                                       

                                                            Des Moines, IA 50328

                                                                                                                        TOTAL            $ 1,336.92


RESOLUTION NO. 4

WHEREAS, BAC Tax Services Corporation paid the property taxes for the 2nd quarter of 2010 for the property located at 223 North 16th Street, Kenilworth, NJ, and;

WHEREAS, this resulted in a tax overpayment for the 2nd quarter of 2010;

WHEREAS, BAC Tax Services Corporation has requested that the overpayment of the 2nd quarter be refunded to them;

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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

            35                                8.02                 BAC Tax Services Corporation                      $ 1,828.48

P.O. Box 10211                                                         

                                                                        Van Nuys, CA 91410-0211

                                                                                                                        TOTAL            $ 1,828.48

RESOLUTION NO. 5

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.

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

           Amount of $58.00 to be refunded to the homeowner:

           Less Cameron

           445 Sheridan Avenue

           Kenilworth, NJ  07033

           For the following per #10-00337

           Block 38, Lot 3

RESOLUTION NO. 6

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

                                                 

#999 St. Theresa’s Home School Association for a Merchandise Raffle on March 19, 2011 at 540 Washington Ave., Kenilworth, NJ  07033.

#1000 St. Theresa’s Home School Association for an On-Premise 50/50 Raffle on March 19, 2011 at 540 Washington Ave., Kenilworth, NJ  07033.

#1001 St. Theresa’s Home School Association for an Off-Premise 50/50 Raffle on March 19, 2011 at 540 Washington Ave., Kenilworth, NJ  07033.

#1002  St. Theresa’s Church for an Off-Premise 50/50 Raffle on December 19, 2010 at 540 Washington Avenue.

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RESOLUTION NO. 7

Councilmember                        introduced and moved the adoption of the following resolution and Councilmember

                         seconded the motion:

          RESOLUTION OF THE BOROUGH COUNCIL OF THE

          BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION,

          NEW JERSEY MAKING APPLICATION TO THE LOCAL

          FINANCE BOARD PURSUANT TO N.J.S.A. 40A:2-26(e)

                                WHEREAS, the Borough Council of the Borough of Kenilworth desires to make application to the Local Finance Board for its review and/or approval of a maturity schedule for a proposed bond issue with principal amounts of annual installments that deviate from the requirements of N.J.S.A. 40A:2-26(b); and

                       

WHEREAS, the Borough Council of the Borough of Kenilworth believes:

          (a)  the limitations as to principal amounts of annual installments set forth in N.J.S.A. 40A:2-26(b) will adversely affect the financial position of the local unit;

          (b)  it is in the public interest to accomplish such purpose;

          (c)  said purpose or improvements are for the health, welfare and convenience or betterment of the inhabitants of the local unit or units;

(d) the amounts to be expended for said purpose or improvements are not unreasonable or exorbitant;

          (e) the proposal is an efficient and feasible means of providing services for the needs of the inhabitants of the local unit or units and will not create an undue financial burden to be placed upon the local unit or units;

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

                                Section 1.  The application to the Local Finance Board is hereby approved, and Rogut McCarthy LLC, Bond Counsel, and Ferraioli, Wielkotz, Cerullo & Cuva, Borough Auditor, along with other representatives of the Borough of Kenilworth, are hereby authorized to prepare such application and to represent the Borough of Kenilworth in matters pertaining thereto.

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          Section 2.  The Borough Clerk of the Borough of Kenilworth is hereby directed to prepare and file a copy of the proposed bond maturity schedule with the Local Finance Board as part of such application.

                                Section 3.  The Local Finance Board is hereby respectfully requested to consider such application and to record its findings, recommendations and/or approvals as provided by the applicable New Jersey Statute.

                                The foregoing resolution was adopted by the following roll call vote:

          AYES:

          NAYS:

(Seal)

ATTEST: ___________________________

        Borough Clerk            

                                The foregoing is a true copy of a resolution adopted by the governing body of the Borough of Kenilworth, in the County of Union, New Jersey, on October 13, 2010.

                                  _____________________________

                                  Borough Clerk

                                  Borough of Kenilworth

                                  County of Union

                                  New Jersey

RESOLUTION NO. 8

RENEWAL OF LIQUOR LICENSE OF LA DOLCE VITA OF

KENILWORTH LLC, LICENSE NO. 2008-33-002-005 FOR 2010-2011

TERM PURSUANT TO SPECIAL RULING

WHEREAS, the Division of Alcoholic Beverage Control received a Petition for a Special Ruling to permit renewal of an inactive License from LaDolce Vita of Kenilworth LLC, License No. 2008-33-002-005; and

WHEREAS, the Division of Alcoholic Beverage Control has reviewed and granted a Special Ruling for liquor license term 2010-2011 to LaDolce Vita of Kenilworth LLC; and

WHEREAS, LaDolce Vita of Kenilworth LLC has filed a renewal application and paid all necessary fees for renewal of its liquor license for the term 2010-2011.

NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the borough of Kenilworth hereby approves the renewal of the Plenary Retail Consumption License of La Dolce Vita of Kenilworth LLC, License No. 2008-33-002-005 for the 2010-2011 license term due to the granting of the Special Ruling.

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RESOLUTION NO. 9

Be It Hereby Resolved:   That the following be appointed as Probationary EMT’s for the Kenilworth Rescue Squad:

Allison Touris

James D. Wycloff

RESOLUTION NO. 10

Be It Hereby Resolved:   That the contract for Animal Control Services be awarded to              

ASSOCIATED HUMANE SOCIETIES, 124 Evergreen Avenue, Newark, NJ 07114-2133, for a one year period beginning January 1, 2011 and ending December 31, 2011 at a cost of $17,274.40 per year.

Be it Further Resolved that the Mayor be authorized to sign said contract.

CERTIFICATION OF FUNDS

Appropriation: _____________________

Date: ____________________________

 _________________________________

Robert Ordway, Treasurer

Proposed Ordinance No. 2010-12 was read for second reading as follows:  (Copy appears in Minutes of September 8, 2010)

RESOLUTION NO. 11

Be It Hereby Resolved:    That the Mayor appoints JULIO VERNO to the Kenilworth

Recreation Committee as a Regular Member for the unexpired term of Angela Sandull expiring

12/31/2012.

Proposed Ordinance No. 2010-12 was read for second reading as follows:  (Copy appears in Minutes of September 8, 2010)

ORDINANCE NO.2010-12

BOND ORDINANCE TO AUTHORIZE THE UNDERTAKING OF THE 2010 CAPITAL ROAD IMPROVEMENT PROGRAM IN, BY AND FOR THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $600,000 TO PAY THE COST THEREOF, TO APPROPRIATE A STATE GRANT, TO AUTHORIZE THE

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ISSUANCE OF BONDS TO FINANCE SUCH APPROPRIATION AND TO PROVIDE FOR THE ISSUANCE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE OF SUCH BONDS.

Mayor Fiamingo said this is a second reading on an ordinance for the Capital Road Improvements for 2010. 

The Mayor asked if anyone wished to speak with respect to  Ordinance  No 2010-12 to please step forward, state their name and address for the record.

No on wished to speak and the Mayor closed the Hearing on Ordinance 2010-12.

RESOLUTION NO. 12

 Introduced by Brian Joho adoption by same

Seconded by Kevin Leary

Be It Hereby Resolved: that Proposed Ordinance 2010-12 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. 2010-13 was read for second reading as follows:  (Copy appears in Minutes of September 22, 2010)

                                                ORDINANCE NO. 2010-13

AN ORDINANCE OF THE BOROUGH OF KENILWORTH REQUIRING A SUMP PUMP INSPECTION AND CERTIFICATION PRIOR TO THE TRANSFER OF ANY BUILDING IN THE BOROUGH AND SUPPLEMENTING AND AMENDING CHAPTER 158 OF THE BOROUGH CODE WITH ADDITION OF ARTICLE VI

Mayor Fiamingo stated this is a second reading on an ordinance that requires an inspection for sump pumps.  The purpose of the ordinance is to ensure that sump pumps are not draining into the sanitary sewer system, increasing our sewer costs through the RVSA.  This ordinance will be implemented with respect to sales of all properties. 

The Mayor asked if anyone wished to speak with respect to Ordinance No 2010-13 to please step forward, state their name and address for the record.

No on wished to speak and the Mayor closed the Hearing on Ordinance 2010-13.

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RESOLUTION NO. 13

Introduced by Kevin Leary adoption by same

Seconded by Fred Pugliese

Be It Hereby Resolved: that Proposed Ordinance 2010-13 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. 2010-14 was read for a first reading as follows:  (Copy attached)

                                      ORDINANCE NO. 2010-14

            ORDINANCE AMENDING CHAPTER 91, ARTICLE I AND

            CHAPTER 198-B OF THE CODE OF THE BOROUGH OF

            KENILWORTH – FEES AND LICENSES

Mayor Fiamingo stated this is a first reading on amendments to slightly increase the fees for licenses.

The second reading will be held on November 10, 2010 at which time the public will be invited to speak.

 

 RESOLUTION NO. 14

Introduced by Scott Klinder adoption by same

Seconded by Brian Joho

Be It Hereby Resolved:  That Proposed Ordinance No. 2010-14 be and the same is hereby passed on first reading and ordered published for final hearing on November 10, 2010.

Upon roll call all in favor.

Proposed Ordinance No. 2010-15 was read for a first reading as follows:  (Copy attached)

ORDINANCE NO. 2010-15

AN ORDINANCE DELETING AND REPLACING, IN ITS ENTIRETY,ARTICLE II OF CHAPTER 106 OF  THE BOROUGH CODE WHICH ESTABLISHES A MANDATORY PROGRAM FOR THE SEPARATION OF CERTAIN MATERIALS FROM RESIDENTIAL

AND NON-RESIDENTIAL PREMISES FOR RECYCLING PURPOSES, PROMULGATING RULES ANDREGUALTIONS THEREFORE, AND PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF

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Mayor Fiamingo reported this is a first reading of an ordinance that is required for mandatory recycling under the state requirements.  It replaces an ordinance that we already have on the books but it had to be amended to comply with State law. 

The second reading will be held on November 10, 2010 at which time the public will be invited to speak.

RESOLUTION NO. 15

Introduced by Toni Sosnosky  adoption by same

Seconded by Scott Klinder

Be It Hereby Resolved:  That Proposed Ordinance No. 2010-15 be and the same is hereby passed on first reading and ordered published for final hearing on November 10, 2010.

Upon roll call all in favor.

Motion was made by Councilman Leary, seconded by Councilman Joho  to open the meeting to the public.

MEETING OPEN TO THE PUBLIC

No one wished to speak.

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

GENERAL BUSINESS

Councilman Pugliese said that because Halloween is on Sunday this year they will be having Crossing Guards at certain points along the Boulevard.  The time has to be worked out but it will probably be from around noon to 5:00 pm.

ADJOURNMENT

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

8:15 P.M.                                                                                                                                                                                                         Respectfully submitted,

                                                                                                                                                                                                                                    

                                                                                     Hedy Lipke, Borough Clerk  



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