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ORGANIZATION
MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON TUESDAY
AFTERNOON, JANUARY 1, 2008. MAYOR KATHI FIAMINGO PRESIDED.
Kathi Fiamingo, Brian Joho and Toncia Sosnosky took the Oath of Office and were sworn in by Union County Board of Elections Commissioner John DeSimone. Borough Clerk, Hedy Lipke read a letter from Kathi Fiamingo resigning her position as Councilperson, effective at the end of the day on December 31, 2007. She also read a letter from Mary Ellen Harris, Chairman of the Kenilworth Republican Municipal Committee submitting the following names for consideration by the Borough Council to fill the council vacancy that will occur as of January 1, 2008. The three names submitted were Sal Candarella, Kevin Leary and Tony Lepore. Motion made by Councilman Pugliese, seconded by Councilwoman Sosnosky to nominate Salvatore Candarella to fill the unexpired council seat of Kathi Fiamingo. All in favor. John DeSimone administered the Oath of Office to Councilman Candarella. ROLL CALL Roll Call at 12:00 P.M. showed the following Council Members present: Sal Candarella, Lawrence Clementi, Anthony DeLuca, Brian Joho, Fred Pugliese and Toni Sosnosky. The Salute to the Flag was led by Mayor Fiamingo. INVOCATION The invocation was given by Rev. Joseph Bejgrowicz and Father Al of St. Theresa's Church. MAYOR'S ADDRESS Copy appears on the following pages. ELECTION OF COUNCIL PRESIDENT Councilman
Joho made a motion, seconded by Councilwoman Sosnosky, that Councilman
Fred Pugliese be nominated for the office of Council President for the
year 2008. CONSENT AGENDA Resolutions No. 1 through 41 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. Council Member Clementi moved that all items under Consent Agenda be approved, seconded by Council Member Sosnosky. Upon roll call the vote was unanimous.
Be It Hereby Resolved: That Mayor's appointment of HEDY LIPKE as ADA Coordinator for the year 2006, be and the same is hereby confirmed. RESOLUTION NO. 2 Be It Hereby Resolved: That RANDY MOSCARITOLO AND ANTONIO PUGLIESE be appointed as members of the Board of Health for 3 year terms and JEANINE PENTZ as ALTERNATE #2 for a 2 year term. RESOLUTION NO. 3 Be It Hereby
Resolved: That the Mayor's appointment of HEDY LIPKE as Certifying RESOLUTION
NO. 4 RESOLUTION NO. 5 Be It Hereby Resolved: That the Mayor's appointment of DEBRA WEISS as Deputy Court Administrator for the year 2008, be and the same is hereby confirmed. RESOLUTION NO. 6 Be It Hereby
Resolved: That the Mayor's appointment of KATHLEEN MOSCHITTA as RESOLUTION NO. 7 Be It Hereby Resolved: That ROBERT WALCK & RANDY LEVCHUCK, be and are hereby appointed Fire Prevention Inspectors for the year 2008. RESOLUTION NO. 8 Be It Hereby
Resolved: That the Mayor's appointment of HEDY LIPKE as Garden State RESOLUTION NO. 9 Be It Hereby Resolved: That the Mayor's appointment of MARY ELLEN HARRIS, MARIA SIMS AND LISA PUGLIESE as members of the Library Board of Trustees for a 5 year term, be and the same is hereby confirmed. RESOLUTION NO. 10 Be It Hereby
Resolved: That the Mayor's appointment of SALLY ORDNER as a member of RESOLUTION NO. 11 Be It Hereby
Resolved: That the Mayor's appointment of FRAN CORCIONE as RESOLUTION NO. 12 Be It Hereby
Resolved: That the Mayor's appointment of PAULETTE DROGON as RESOLUTION NO. 13 Be It Hereby
Resolved: That the Mayor's appointment of ROBERT WALCK as Oil RESOLUTION NO. 14 Be It Hereby Resolved: That Councilman Candarella, a member of the Governing Body, be and is appointed an elected official on the Planning Board for the year 2008. RESOLUTION NO. 15 Be It Hereby Resolved: That the Mayor's appointment of MAURA LYNCH as Police Matron for the year 2008, be and the same is hereby confirmed. RESOLUTION NO. 16 Be It Hereby
Resolved: That the appointment of HEDY LIPKE, Borough Clerk, as Public
Be It Hereby Resolved: That the Mayor's appointment of TRACI ZALINSKI as Public Defender for the year 2008 for a salary of $4,140 per annum, be and the same is hereby confirmed. RESOLUTION NO. 18 Be It Hereby Resolved: That the Mayor's appointment of DANIEL BEVERE as Assistant Public Defender for the year 2008 , be and the same is hereby confirmed. RESOLUTION NO. 19 Be It Hereby
Resolved: That the appointment of JOHN FERRAIOLI as Public Health RESOLUTION NO. 20 Be It Hereby
Resolved: That HEDY LIPKE, be and she is hereby appointed Purchasing RESOLUTION NO. 21 Be It Hereby Resolved: That the Mayor's appointment of THOMAS LYNAUGH, JOE DELGRADO, MICHAEL PALLITTO and MASSIMO LUCIANO as members of the Recreation Committee for 3 year terms, be and the same is hereby confirmed. RESOLUTION NO. 22 Be It Hereby
Resolved: That the Mayor's appointment of ARNOLD BAGNALL, RESOLUTION NO. 23 Be It Hereby
Resolved: That the Mayor's appointment of LEWIS GIORDINO and KENILWORTH REORGANIZATION MEETING - JANUARY 1, 2008 Page 5 RESOLUTION NO. 24 Be It Hereby
Resolved: That the Mayor's appointment of NANCY NICHOLS as RESOLUTION NO. 25 Be It Hereby Resolved: That the Mayor's appointment of NANCY NICHOLS as Treasurer of the Borough of Kenilworth for the year 2008, be and the same is hereby confirmed. RESOLUTION NO. 26 Be It Hereby Resolved: That the Mayor's appointment of CAROL WESTERVELT as Union County Transportation Advisory Board Representative for the year 2008, be and the same is hereby confirmed. RESOLUTION NO. 27 Be It Hereby
Resolved: That the Mayor's designation of the CRANFORD CHRONICLE, RESOLUTION NO. 28 Be It Hereby
Resolved: That the Mayor's designation of the WACHOVIA BANK, RESOLUTION NO. 29 WHEREAS,
the Borough Clerk has prepared a schedule of meetings of the Governing
NOW, THEREFORE,
BE IT RESOLVED by the Governing Body of the Borough of KENILWORTH REORGANIZATION MEETING - JANUARY 1, 2008 Page 6
Work Session to start, unless otherwise noted, at 7:30 P.M. at the Right Hand Meeting Room, Second Floor, Borough Hall; and Regular Meetings to start at 8:00 P.M. at the Council Chambers, Borough Hall, Boulevard, Kenilworth, New Jersey. RESOLUTION NO. 30 Be It Hereby
Resolved: That the annexed By-Laws shall constitute the By-Laws of the
RESOLUTION NO. 31 Be It Hereby Resolved: That the following AD HOC COMMITTEES be continued for 2008: Beautification
Committee RESOLUTION NO. 32 WHEREAS, Chapter 75 of the Public Laws of 1991 of the State of New Jersey authorizes the governing body of each municipality by resolution to fix the rate of interest to be charged for nonpayment of taxes or assessments on or before the date when they would become delinquent, and WHEREAS, the provisions of said statute provides that the rate of interest to be so charged may be fixed at a rate not to exceed 8% per annum on the first $1,500. of delinquency and a rate of 18% per annum on any amount in excess of $1,500., and WHEREAS, the statute further provides that the governing body may provide that no interest shall be charged if payment is made within the tenth calendar day following the date which the same became payable, and
WHEREAS, (N.J.S.A. 54:4-67 AS AMENDED) also provides that the governing body may fix a penalty to be charged to a taxpayer with a delinquency in excess of $10,000, who fails to pay that delinquency prior to the end of the (calendar) fiscal year which shall not exceed (6%) six percent; and WHEREAS, the Governing Body of the Borough of Kenilworth deems that implementation of Chapter 75 of the P.L. of 1991 (N.J.S.A. 54:4-67) the same is desirable and appropriate. NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Kenilworth that pursuant to the authority granted to it by N.J..S.A. 54:4-67, AS AMENDED that the rate of interest be set in the amount of 8% on the first $1,500.00 of the delinquency and at the rate of 18% on any amount in excess of $1,500.00, provided payment is not made within the grace period of ten days from the date payable and that the penalty on amounts due in excess of $10,000. at the close of the (calendar) fiscal year be set at 6% of the amount of the delinquency. RESOLUTION NO. 33 WHEREAS, the approval of the Petty Cash funds listed below has been given by the Division of Local Government Services, and WHEREAS, these funds for 2008 have been returned to the Finance Officer according to R.S. 40A5-21; NOW, THEREFORE,
BE IT RESOLVED by the Municipal Council of the Borough of Kenilworth that
the Treasurer be authorized to draw and deliver said Police Department
Total Fund Tax &
Finance
WHEREAS, N.J.S. 40A:4-19 of the Local Budget Act provides that (where any contracts, commitments or payments are to be made prior to the final adoption of the Budget), temporary appropriations should be made for the purposes and amounts required in the manner and time therein provided; and WHEREAS, the date of this resolution is within the first thirty days of January 2008; and WHEREAS,
the total temporary budget set forth below does not in amount exceed 26.25%
of the total appropriations in the 2008 Budget (exclusive of any appropriations
made for Debt Service, Capital Improvement Fund and Public Assistance
(Relief); now therefore, BE IT HEREBY RESOLVED, that the following appropriations be made and a certified copy of this resolution be transmitted to the Municipal Finance Officer for his records. General Appropriations ACCOUNT NO.
ACCOUNT NAME AMOUNT Other Expenses
1,496.
KENILWORTH REORGANIZATION MEETING - JANUARY 1, 2008 Page 10
Subtotal General Appropriations $1,522,980.00 STATUTORY
EXPENDITURES Subtotal
general Approp. - within "CAPS"
730 Other
Insurance Premiums Public and Private Programs - excluded from "CAPS" 320 Municipal
Alliance - U.C. Grant 2,500. GRAND TOTAL
2006 TEMPORARY APPROPRIATIONS - 2,709,980.00
Be It Hereby Resolved: That the following be designated as Official Insurance Agent for the Borough of Kenilworth for the year 2008: AMALGAMATED GENERAL AGENCIES (AGA) 115 Grove Street, PO Box 2670, Westfield, NJ 07091. RESOLUTION NO. 36 Be It Hereby
Resolved: That the official signers for the Borough of Kenilworth for
banking purposes for 2008 are: KATHI FIAMINGO, FINANCE OFFICER NANCY NICHOLS,
BOROUGH CLERK HEDY LIPKE and ASSISTANT TREASURER KATHLEEN SWITEK. WHEREAS,
pursuant to the Fair and Open Process Rule advertisements for proposals
were published in the Cranford Chronicle and the Union Leader and posted
on the Borough of Kenilworth's Web Site and proposals were received and
reviewed for the following Professional Service for the Year 2008 which
anticipated cost will be over $17,500 per year: NOW, THEREFORE, BE IT RESOLVED after review of said proposals, the Mayor's nomination of ROGUT MCCARTHY TROY as BOND COUNSEL for the Year 2008 at various hourly rates as in proposal, be and the same is hereby confirmed. RESOLUTION NO. 38 WHEREAS,
pursuant to the Fair and Open Process Rule advertisements for proposals
were published in the Star Ledger and posted on the Borough of Kenilworth's
Web Site and proposals were received and reviewed for the following Professional
Service for the Year 2008 which anticipated cost will be over $17,500
per year: NOW, THEREFORE, BE IT RESOLVED after review of said proposals, the Mayor's nomination of McELROY, DEUTSCH, MULVANEY & CARPENTER, LLP as BOROUGH LABOR ATTORNEY for the Year 2008 at $120. per hour, be and the same is hereby confirmed. RESOLUTION NO. 39 WHEREAS,
pursuant to the Fair and Open Process Rule advertisements for proposals
were published in the Star Ledger and posted on the Borough of Kenilworth's
Web Site and proposals were received and reviewed for the following Professional
Service for the Year 2008 which anticipated cost will be over $17,500
per year: NOW, THEREFORE, BE IT RESOLVED after review of said proposals, the Mayor's nomination of FERRAIOLI, WIELKOTZ, CERULLO & CUVA as BOROUGH AUDITOR for the Year 2008 at $27,000 per year, be and the same is hereby confirmed. RESOLUTION NO. 40 WHEREAS,
pursuant to the Fair and Open Process Rule advertisements for proposals
were published in the Star Ledger and posted on the Borough of Kenilworth's
Web Site and proposals were received and reviewed for the following Professional
Service for the Year 2008 which anticipated cost will be over $17,500
per year: NOW, THEREFORE, BE IT RESOLVED after review of said proposals, the Mayor's nomination of GROTTO ENGINEERING ASSOCIATES as BOROUGH ENGINEER for the Year 2008 at $42,000 per annum, be and the same is hereby confirmed. RESOLUTION NO. 41 Be It Hereby Resolved: That the Mayor's appointment of JON HENRY BARR, ESQ. as Municipal Prosecutor for the year 2008 at an annual salary of $11,500.00 per annum, be and the same is hereby confirmed. RESOLUTION NO. 42 Introduced
by Fred Pugliese, adoption by same. Be It Hereby Resolved: That the Mayor's appointment of KELLY CLEMENTI as Dog Warden for the year 2008, be and the same is hereby confirmed. RESOLUTION NO. 43 Introduced
by Toni Sosnosky, adoption by same. Be It Hereby Resolved: That the Mayor's appointment of SCOTT PENTZ as Recreation Director for the year 2008, be and the same is hereby confirmed. RESOLUTION NO. 44 Introduced
by Brian Joho, adoption by same. WHEREAS,
pursuant to the Fair and Open Process Rule advertisements for proposals
were published in the Star Ledger and posted on the Borough of Kenilworth's
Web Site and proposals were received and reviewed for the following Professional
Service for the Year 2008 which anticipated cost will be over $17,500
per year: NOW, THEREFORE, BE IT RESOLVED after review of said proposals, the Mayor's nomination of HARVEY FRUCHTER as BOROUGH ATTORNEY for the Year 2008 at $19,000 per annum and $110.00 per hour be and the same is hereby confirmed. RESOLUTION NO. 45 Introduced
by Toni Sosnosky, adoption by same Be It Hereby
Resolved: That the Mayor's appointment of Robert Herbert as Zoning RESOLUTION
NO 46 Be It Hereby Resolved: That the Mayor's appointment of JERRY EGER as Building Inspector/Construction Official for a 4 year term with duties to commence on March 1, 2008 at a salary of $27,000 per annum (prorated for 2008), be and the same is hereby confirmed. Hedy Lipke read a letter from Mayor Fiamingo appointing the following to the Planning Board: Anthony Lepore, Class 1V member for a 4 year term ending 12/31/11, Robert Herbert, Class II member for a 2 year term, ending 12/31/09, Kevin Leary, Alternate #1, 2 year term ending 12/31/09, Anthony Pugliese, Alternate #3 for a 2 year term ending 12/31/09 and Rudolph Cammarota as Mayor's designee for a one year term. DESIGNATION
OF COMMITTEES DEPARTMENT
OF FINANCE DEPARTMENT
OF PUBLIC WORKS DEPARTMENT
OF PUBLIC SAFETY DEPARTMENT
OF PLANNING, ZONING & ORDINANCES DEPARTMENT
OF RECREATION, ECOLOGY, LIGHTING & FIRE DEPARTMENT
OF HEALTH, EDUCATION & WELFARE At this time, Mayor Fiamingo administered the Oath of Office to Borough Attorney Harvey Fruchter. MEETING OPEN TO THE PUBLIC Councilwoman Sheila Whiting, 5 Orchard Terrace, Clark, gave Mayor Fiamingo a small gift on behalf of the Republican Committee. On behalf of Mayor Sal Bonaccorso and the Clark Township Council she congratulated the Mayor and wished the entire Council the best of luck. GENERAL BUSINESS Councilwoman Sosnosky thanked everyone for their support and stated that it is truly an honor to have the opportunity to serve the people of Kenilworth. She looks forward to the years ahead and she will do her best to be deserving of their trust. She stated that January 1, 2008 we are witnessing history in the making with our first female Mayor. She stated that she is proud to be a member of this Governing Body. Councilman Joho wished everyone a Happy New Year. He stated that nine years ago he and his wife purchased a home in Kenilworth and has made Kenilworth their adopted town. On November 6th the residents of Kenilworth adopted him, allowing him the opportunity to serve the community as Councilman for the next three years and he is very appreciative and thankful. He is also proud to be part of this historic day and to begin the Town's second century with Kenilworth's first female Mayor. He looks forward to working with Mayor Fiamingo, his Council colleagues and the residents of Kenilworth. Together they will endeavor to make each year better than the last. Sal Candarella congratulated Councilman Joho, Councilwoman Sosnosky and Mayor Fiamingo on their newly elected positions. He thanked the Council for nominating and voting him into this position. He stated it will be an honor to fill Kathi's vacated seat and to serve with the members of the Council. He looks forward to working with everyone to help and enhance the lifestyle of our beautiful community. He will make all his decision based on what is right for the residents and the future of this Borough. He thanked his wife Darlene for the encouragement and support that she will be providing him and he thanked his family, friends and his son Marc Anthony for being here and wished everyone a Happy New Year. Councilman
Pugliese stated this past year we just completed celebrating a historic
year in Kenilworth for their Centennial. He thanked everyone who worked
hard on putting the events together. He stated that today we celebrate
another historic event by swearing in Kenilworth's first female Mayor. As a member of the Governing Body he understands difficult choices will have to be made but he knows that with Madame Mayor at the helm, whatever decisions are made will be made with a well thought out plan for the best interest of this community. Councilman Clementi congratulated Mayor Fiamingo and the new Councilmembers and wished everyone a healthy and Happy New Year. Councilman DeLuca congratulated Mayor Fiamingo on being the first female Mayor, but more importantly she has been a council member and is a smart attorney. He stated she can be tougher then most men. Mayor Fiamingo recognized a few individuals in the audience, Sheila Whiting, Council President from Clark, former Councilwoman Kelly from Summit, former Mayor from Westfield, Mr. Frigerio, Kenilworth's former Councilman Don Rica, Rich Laforte, former Mayor Michael Tripodi and Angel Albanese from Clark, Phil the former Mayor of Cranford and Joe the current Chair of the Union County Republican Committee. She thanked everyone for coming today. BENEDICTION Pastor Smith from the Union Baptist Church gave the benediction. Mayor Fiamingo invited everyone to Costa's for a celebration. ADJOURNMENT There being no further business to come before the Council, it was moved by Councilman Clementi, seconded by Councilman Pugliese and carried, that the meeting be adjourned to the call of the chair.
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