Council Minutes from 5/25/2011
 

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, MAY 25, 2011.  ACTING MAYOR ANTHONY RENDA   PRESIDED.

Acting Mayor Anthony Renda read the requirements of the Open Public Meetings Act.

The Salute to the Flag was led by Acting Mayor Anthony Renda.         

ROLL CALL

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

MINUTES

It was moved by Acting Councilwoman Hope Bera, seconded by Acting Councilwoman Shelby Loz , and carried that the minutes of the Work Session of May 10, 2011 and the Regular Council Meeting of May 11, 2011, be dispensed with and approved as submitted.  (Copies furnished each Council Member prior to the meeting.)

PRESENTATION ON HISTORY OF BLACK BROOK PARK

The Mayor introduced Dorothea Krihak who gave a presentation on the history of Black Brook Park.  The Mayor said Dorthea is dedicated to the history of the Borough and Black Brook Park and is going to speak on information she has acquired over the past ten years.  Mayor Fiamingo said this history lesson is appropriate for tonight since we have our “Youth In Government” students and also Ms. Westbrook. 

Dorothea gave a presentation on the American Revolutionary War and how Black Brook Park played a role in the War.  Dorothea gathered her information from historians Robert Wood, Walter Boright, Kenilworth, Union and Springfield Historical Societies.  Dorothea spoke about the Shallcross House and the Battle of Connecticut Farms on June 8, 1780.  Dorothea told the story of Reverand Caldwell and his wife Hannah Ogden Caldwell and how the British burned down their Connecticut Farms Church.  Hannah Ogden Caldwell’s picture is now on the Union County Seal.  Dorothea spoke of the importance of the Battle of Springfield  and the Battle of Connecticut Farms because it was after those two battles that the war was finally ended in 1781.  They were the last two battles fought in the northern colonies.

COMMUNICATIONS AND PETITIONS:

  1. Letter from Matthew Duffy, 55 North 6th Street, requesting permission to have a Block Party on North 6th Street on Saturday, June 11th.
  2. Letter from Fatima Giammarino, 307 North 10th Street, stating this is her 2nd request to repave North 10th Street due to potholes.
  3. Invitation from VFW and American Legion inviting Mayor and Council to attend their Memorial Day Services at the VFW on Monday, May 30th at 11:00 A.M.

 It was moved by Acting Councilwoman Shelby Loza, seconded by Acting Councilman Michael Mossucco, 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

Acting Mayor Anthony Renda reported the following:

This coming Monday, May 30, 2011 is Memorial Day.  I hope everyone will join us at the Veteran’s Center at 11:00 a.m. to remember all of the servicemen and women who have died in

service of our country.  The service is brief but moving.  Afterwards the Veteran’s Center hosts everyone to a lunch. 

Memorial Day is more than the beginning of the summer holidays and I hope everyone will take a little time out of their day to recognize the real reason behind the holiday.

The following weekend is the Relay for Life at the David Brearley High School track.  Relay is two day marathon event beginning on Saturday, June 4, 2011 at 6 PM and ending on Sunday, June 5, 2011 with closing ceremonies beginning at 6:00 a.m.  Throughout the night there will be a number of different events with laps around the track throughout. 

Throughout the past months many different fundraising events have occurred to raise funds for cancer research.  On Friday, May 13, 2011 I had the pleasure of hosting an event called Family Feud where members of the Kenilworth Police Department faced off against members of the Kenilworth Volunteer Fire and Rescue Squad.  The Police won and the whole night was a lot of fun. 

I would like to thank John Zimmerman, Officers Paul Campanella, Dan Sims, Anthony Giacolone, Chris Byrson, Ed Pastor from the Police Department and John Mauro, David Krill, Anthony DeLuca, Peter Peros and Saleem Lawson from the Fire Department.

They are a good bunch of guys who helped out for a great cause.

Finally, I would like to mention that a Memorial to commemorate the three individuals from Kenilworth who lost their lives on September 11, 2001 is in the planning stages and will be dedicated on the 10th anniversary of the attack on the World Trade Center.  The memorial will be built on the lawn in front of Borough Hall and will incorporate a piece of a steel beam from the Trade Center that was awarded to the Fire Department as one of the departments that responded to the tragedy.  The Fire Department, Police Department and Kenilworth PBA and the VFW are all taking part in this project.  Donations to help defray the costs of the project are currently being accepted.  Anyone wishing to donate to the project should send their checks to the Pride in Kenilworth Committee c/o Kenilworth Borough Hall, 567 Boulevard, Kenilworth, NJ. 

DEPARTMENT OF FINANCE

Acting Council Member Hope Bera reported the following:

As Chairwoman of the Finance Committee, I would like to report - The Finance Department has provided the following information: The Borough of Kenilworth has received $99,562.33 in Grant funds so far this year. The Borough anticipates an additional $150,776.32 in energy grant funds for 2011. Tax Collections received to date, covering the first and second quarters of 2011, total $16,542,007.56. The Borough is currently at a 96.43% tax collection rate. Prior year delinquent taxes collected to date equal $208,443.08. Sixteen properties still owe taxes from 2010 and will

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go to tax sale on June 28, 2011. Also, I would like to report – The Finance Committee has met, discussed and recommended the Capital Project initiatives for 2011 to the Mayor and Council.

DEPARTMENT OF PUBLIC WORKS

Acting Council Member Michael Mossucco reported the following:

The men have been working on maintaining sanitary sewers, cleaning storm water catch basins, filling potholes, brush pickup, tree maintenance, repairing street signs, cleaning/landscaping Borough properties and parks. The department’s line striping paint machine was repaired.  We will start line striping next week, weather permitting.  We are all caught up with pot hole repairs. We will start repairing some of the ruts and divots along the side of roadways.  We will continue to monitor some of the problem streets such as 14th Street and Lafayette.  All of the Borough’s 555 Stormwater Catch Basins have been cleaned.  We are currently installing the “No Dumping – Drains to Waterway” metal disk markers.  This is a requirement of the NJDEP Stormwater Regulations.  Union County Recycling Events will have a Household Hazardous Waste Event on Saturday, June 11th at Lucent Technologies, New Providence from 9 A.M. to 2 P.M.  there will be a Paper Schredding Event on Thursday, June 9th at Rahway Park, Rahway from 9:00 A.M. to 1:00 P.M.

DEPARTMENT OF PUBLIC SAFETY

Acting Council Member Alicia Casamento reported the following:

New Jersey State Law requires young people under the age of 17 to wear an approved helmet while cycling. Each year bicyclists are killed or injured in New Jersey due to bicycle crashes.  Many bicycle deaths result from bicycle-motor vehicle collisions.  However, injuries can happen anywhere, including parks, bike paths, driveways and often do not involve motor vehicles.

 

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Acting Council Member Shelby Loza reported the following:

Last month there were two hearings in front of the Planning Board and Board of Adjustments, votes were cast, and resolutions will be read at our next meeting.  Verizon has an application that will be heard at our next meeting on Thursday, May 26.  They would like to add an emergency generator on an existing site.   I have been working with our Fire Chief, Fire sub-code official and Construction official to stream line the process of inspections and alleviate fire code violations that could delay the opening of a newly purchased building  or a new retail business trying to open in our Borough.    Although we are very concerned about life safety issues, we want to uncomplicate the process of getting a new business open. We are trying to make the process of obtaining a building permit or Certificate of Occupancy a pleasant experience.   If successful, we will proceed with the other sub code officials to help ensure that applying for a construction permit or CO does not turn into a nightmare.   We want to welcome new business into town, and not bury them in paper work and excess expenses before they unlock their doors.

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DEPARTMENT OF RECREATION AND FIRE

Acting Council Member Matthew Curtain reported the following:

On Saturday, June 18th, the Recreation Department is holding its Annual Outdoor Movie Night at Brearley Football Field starting at 8:30 PM. This event is free and open to all residents. I  would also like to remind everyone that the Recreation Department summer camp starts June 27th, and that we are still accepting sign-ups. There will be open sign-ups on Sunday, June 5th, from 2pm-5pm; and on Sunday, June 19th, from 2pm-5pm at the Recreation Center.  For more information, please visit the Recreation Department website at: KenilworthRecreation.com. Also, this past Sunday the Fire Department and Rescue Squad held their annual open house. The event was a great opportunity for families and children to see the trucks and equipment they use, and to learn about the courageous job our Firefighters and Rescue Squad members do for our Borough.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Acting Council Member Ashley Oriol reported the following:

The Kenilworth Library will present the Bard on the Boulevard this summer.  The performances are June 16, July 21 and August 11 at Brearley High School football field.  There are still Library 75th anniversary tee shirts available.  The adult sizes are sold out but there remain some in children's sizes.  Also the 75 for 75 campaign is underway.  Please contact the library for further information regarding all this.

Mayor Fiamingo mentioned that there were members of St. Theresa’s School who submitted essays but unfortunately they had another event that conflicted with our meeting tonight.  The Mayor read the following names of the St. Theresa students who participated in the essay contest but were unable to make the meeting; Conchetta Aronowitz, Paval Patel, Christine Coppola, Antonio Altamirano, Maria Angela Bui and Rajiv Dave.  She thanked the students for participating and she said hopefully next year there will not be a conflict.  

ORDINANCES AND RESOLUTIONS

                                                                       

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

CONSENT AGENDA

Resolutions No.1 thru 14 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 Leary moved that all items under Consent Agenda be approved, seconded by Councilman Candarella . Upon roll call the vote was unanimous.

RESOLUTION NO.1

BE IT HEREBY RESOLVED:   That all bills be paid when properly audited and funds are available.

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RESOLUTION NO. 2

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 433 North 15th 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

Whereas, the Lienholder paid to the Collector of Taxes a premium in the amount of $5,300.00 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 #10-00001 by the Collector of Taxes:

Royal Tax Lien Services, LLC

115 West Avenue, Suite 300

Jenkintown, PA 19046

REDEMPTION AMOUNT

$15,261.04

PREMIUM TRUST ACCOUNT

$5,300

Treasurer’s Note: 1099 = $1,061.12

RESOLUTION NO. 3

WHEREAS, the Borough of Kenilworth no longer has use for the attached automobiles therefore, be it

RESOLVED,  by the Mayor and Council of the Borough of Kenilworth that the Borough Clerk be and is hereby authorized to sell the attached items, as is, at public auction sale at a date within 60 calendar days. The auction will be advertised in the Cranford Chronicle.

1.    Said sale shall be conducted by the Borough Clerk or by any person so designated by her.

2.    Said property is being sold “as is”.

3.    All prospective purchasers are put on notice to personally inspect the property.

4.    At the Time of said sale, the purchaser shall deposit the entire purchase price with the Borough Clerk in cash or certified check made payable to the Borough of Kenilworth

If the purchaser fails to take title and possession within (10) days of the date of purchase, the Governing Body of the Borough of Kenilworth may declare the contract of sale to be terminated and may retain all monies paid there under as liquidated damages,

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5.    and the Borough may resell said property or pursue such other and further legal and equitable remedies as it may have. If the purchaser fails to take title or possession within said (10) days, purchaser will be liable for reasonable storage fees.

6.    If the title to this property shall prove to be unremarkable, the liability of the Borough shall be limited to the repayment of the amount of any sums paid by said purchaser to the Borough without any further cost, expense, damage, claim against or liability upon the Borough.

7.    The Borough of Kenilworth reserves the right to reject all bids and shall not be obligated to accept any bids.

8.    All prospective purchasers are put on notice that no employee, agent, officer, body or subordinate body has any authority to waive, modify or amend any of the within conditions of sale.

Year      Make             Model                          Identification #                         Minimum Bid

1988    Ford                 Thunderbird                 1FABP6046JH212808                        $350

1997    Dodge             Caravan                      1B4GP44R3VB445383                      $350

2001    Volvo               V70                              YV1SZ58D711020688                        $2300

2004    Chevy                         Trailblazer                   1GNES16S646109698                       $2300

I hereby certify that the foregoing resolution was adopted by the Council on  May 25, 2011.   

RESOLUTION NO. 4

BE IT HEREBY RESOLVED:  That the attached list of the Kenilworth Volunteer Fire Department/Rescue Squad members be granted an expense allowance in accordance with the report submitted by Fire Chief Lewis Giordino, in the aggregate amount of $48,592.25.

RESOLUTION NO. 5

WHEREAS, Borough Engineers Grotto Associates requested quotes for “Direct Pipe Connection at 297 Lincoln Drive”, and

WHEREAS, one quote was received from S. Brothers, Inc., P.O. Box 317, South River, NJ  08882, in the amount of $10,972.00; and

WHEREAS, Grotto Engineering, has recommended award of this project to S. Brothers, Inc.

NOW, THEREFORE, BE IT RESOLVED that S. Brothers, Inc. be authorized to perform “Direct Pipe Connection at Lincoln Drive” project, as per quote submitted, at a co sot $10,972.00.

RESOLUTION NO. 6

Be It Hereby Resolved:  That DONALD CORRIGAN be employed as a Regular Senior Citizen Bus Driver at a rate of $18.62 per hour.

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RESOLUTION NO. 7

Be It Hereby Resolved:  That ARMINIO LOFFA and PETER PEROS be appointed as Assistant Fire Inspectors with compensation being generated through inspection fees in accordance with the current Fire Prevention salary Ordinance.

RESOLUTION NO. 8

WHEREAS, NJ TRANSIT has funds for the purchase of bus shelters throughout the State of New Jersey; and

WHEREAS, the governing body of a municipality in New Jersey or the Board of Chosen Freeholders of a county my apply to the New Jersey Transit Corporation for the purchase and installation of bus shelters at legally designated bus stops; and

WHEREAS, the Borough of Kenilworth, in the interest of promoting public transportation, conservation of energy, traffic safety, and for the convenience of the public, endorses the concept of providing bus shelters within its jurisdiction.

NOW, THEREFORE, be it resolved, that the application is hereby made by the Borough of Kenilworth to the New Jersey Transit Corporation for the purchase and installation of 1 bus shelter(s) as set forth in Exhibit A, made a part hereof.

FURTHER, be it resolved that the Mayor and the Municipal Clerk be authorized to execute an agreement or agreements with NJ Transit to arrange for the purchase and installation of the shelters.

RESOLUTION NO. 9

WHEREAS, an application has been filed for a person-to-person transfer of Plenary Retail Consumption License #2008-36-004-007, heretofore issued to Northstar Kenilworth LLC for premises located at 50 South 31st Street, Kenilworth, New Jersey

WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid, and the license has been properly renewed for the current license term; and

WHEREAS,  the applicant has disclosed and the issuing authority reviewed the source of all funds used in the purchase of the license and the licensed business and all additional financing obtained in connection with the licensed business;

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Kenilworth does hereby approve, effective May 25, 2011, the transfer of the aforesaid Plenary Retail Consumption License to the Kenilworth Hospitality, LLC and does hereby direct the Borough Clerk to endorse the license certificate to the new ownership as follows:  “This license, subject to all its terms and conditions, is hereby transferred to Kenilworth Hospitality, LLC, 60 South 31st Street, Kenilworth, NJ, effective May 25, 2011.

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RESOLUTION NO. 10

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

                                                 

#1018  David Brearley Booster Club for a Casino Night on June 20, 2011, at 33 South 21st Street, Kenilworth, NJ.

RESOLUTION NO. 11

A RESOLUTION AUTHORIZING A TEMPORARY EXTENSION OF THE RECYCLING CONTRACT BETWEEN THE BOROUGH OF KENILWORTH AND GREAT NORTHERN RECYCLING INCORPORATED FOR A PERIOD NOT TO EXCEED 120 DAYS.

PURPOSE

The purpose of this Resolution is to extend the Borough of Kenilworth’s recycling contract with current contractor. This limited extension will permit the Borough of Kenilworth to comply with the laws of the State of New Jersey by advertising and soliciting contracts for no less than a 60 day period prior to the receipt of a responsive bid. The current contract for this required service to the Borough expires on June 30, 2011 and the Borough has insufficient time to meet the 60 day requirement.

NOW THEREFORE IT IS RESOLVED by the Borough of Kenilworth in the County of Union and the State of New Jersey that the Mayor and Borough Clerk are authorized to extend the current contract that was entered into on June 19, 2006 under the existing terms and conditions with Great Northern Recycling Inc. for the “collection and marketing of recyclables”.

BE IT FURTHER RESOLVED that the Chief Financial Officer will issue a Certificate of availability of funds for this expenditure under the current budget.

DATE: May 25, 2011                                                  ________________________

HEDY LIPKE, Borough Clerk

I, ROBERT ORDWAY, the Chief Financial Officer and Treasurer for the Borough of Kenilworth certify the availability of funds on this _____ day of June, 2011.

____________________________

ROBERT ORDWAY, CFO/Treasurer

RESOLUTION NO. 12

Be It Hereby Resolved:  That the following be appointed as Borough of Kenilworth representatives to the Department of Environmental Protection’s Facilitated Settlement Session regarding outstanding Water Quality Enforcement Violations and that they have the authority to participate and settle this matter:

Mayor Kathi Fiamingo, Borough Attorney Harvey Fruchter and

Borough Engineer Richard O’Connor

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RESOLUTION NO. 13

RESOLUTION SUPPORTING THE CLICK IT OR TICKET

MOBILIZATION OF MAY 23 – JUNE 5, 2011

WHEREAS, there are 554 motor vehicle fatalities in New Jersey in 2011; and

WHEREAS, a large percentage of the motor vehicle occupants killed in traffic crashes were not wearing a seat belt; and

WHEREAS, use of a seat belt remains the most effective way to avoid death or serious injury in a motor vehicle crash; and

WHEREAS, the National Highway Traffic Safety Administration estimates  that 135,000 lives were saved by safety belt usage nationally between 1975-2000; and

WHEREAS, the State of New Jersey will participate in the nationwide Click It or Ticket seat belt mobilization from May 23 – June 5, 2011 in an effort to raise awareness and increase seat belt usage through a combination of enforcement and education; and

WHEREAS, the Division of Highway Traffic Safety has set a goal of increasing the seat belt usage rate in the state from the current level of 93.73% to 100%; and

WHEREAS, a further increase in seat belt usage in New Jersey will save lives on our roadways;

THEREFORE, be it resolved that Kenilworth Borough declares its support for the Click It or Ticket seat belt mobilization both locally and nationally from May 23 – June 5, 2011 and pledges to increase awareness of the mobilization and the benefits of seat belt use.

RESOLUTION NO. 14

WHEREAS,  students of both grade schools in the Borough of Kenilworth have spent a full day actively participating in the local government of the municipality in all its branches; and

WHEREAS,  this program has furthered good citizenship and has enlightened the participating students in the actual workings of municipal government and the respective duties and responsibilities of municipal officials, employees and bodies, in a manner that should leave a lasting impression upon them because of their personal participation; and

WHEREAS,  the Governing Body of the Borough of Kenilworth has welcomed and enjoyed the experience of this so-called “Youth In Government Day” as a means of an education in municipal government and in the furtherance of good citizenship of the men and women of tomorrow whose place it will be to carry on our local government in a free society;

NOW, THEREFORE, BE IT RESOLVED  that this Governing Body go on record as favoring the continued participation of the youth of our municipality in the local government and in their 

continued interest therein and that the participants and the participating schools be commended for their efforts in bringing about this program for the benefit of the young people in our municipality.

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MEETING OPEN TO THE PUBLIC

Motion was made by Councilwoman Shelby Loza, seconded by Councilwoman Hope Bera to open the meeting to the public.  All in favor.

No one wished to speak.

Motion was made by Councilwoman Alicia Casamento seconded by Councilwoman Hope Bera to close the   meeting to the public.  All in favor.

GENERAL BUSINESS

Councilman Candarella thanked the students and said they did a good job.

Mayor Fiamingo said “Youth In Government” is always one of her favorite meetings.  She said she appreciates all the students participation. 

Mayor Fiamingo thanked Dorothea Krihak for her presentation. 

The Mayor gave each of the students a gavel with their name engraved on it.  She said they are not to be used on little brothers.

ADJOURNMENT

There being no further business to come before the Council, it was moved by Councilwoman Alicia Casamento, seconded by Councilwoman Hope Bera  and carried, that the meeting be adjourned to the call of the chair.

8:45 P.M.                                                                                                                                Respectfully submitted,

                                                                                                           

                                                                                     Hedy Lipke, Borough Clerk  



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