Council Minutes from 1/9/2008

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH� HELD ON WEDNESDAY EVENING, JANUARY 9, 2008.� MAYOR KATHI FIAMINGO PRESIDED.

ROLL CALL

Roll Call at 8:00 P.M. showed the following Council Members present:� Salvatore Candarella,� Larry Clementi, Anthony DeLuca, Brian Joho, Fred Pugliese and Toni Sosnosky.

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

The Salute to the Flag was led by Mayor Fiamingo.

MINUTES

It was moved by Councilman Clementi, seconded by Councilman Joho, and carried that the minutes of the Work Session Meeting of December 11, 2007 and the Regular Meeting of December 12, 2007, the Special Council Meeting of December 18, 2007 and the Organization Meeting of January 1, 2008 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS

1. Letter from Department of Transportation informing that the Borough has been awarded a NJDOT fiscal year 2008 Grant for North 20^th Street in the amount of $215,000.

2. Letter from Anthony Gencarelli concerning �remarks made by Rahway�s Commissioner to the Rahway Valley Sewerage Authority Peter Pelissier� which he feels are grossly inaccurate and misleading.

3. Letter from Steven Merman, Director, Union County Planning & Community Development, advising that the Borough�s request for $50,000 for the Library Elevator from Community Development contingency Fund has been granted.

REPORTS

1. Police Department Report for the month of December, 2007.

Construction Department Report for the month of December, 2007.
Borough Clerk�s Report for the month of December, 2007.
Rahway Valley Sewerage Authority Meeting Minutes of October 18^th & November 19, 2007.

It was moved by Councilwoman Sosnosky, seconded by Councilman Candarella 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 has received a grant from the DOT for the re-construction of North 20^th Street in the amount of $215,000.00.� The Borough Engineer has

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been informed and he will include that in the Borough�s project for this year.�� Mayor Fiamingo thanked former Mayor Gregg David for his efforts in obtaining an additional $50,000.00 from Community Development for the Library elevator.� She stated that she received a letter from New Jersey Chapter 40 of the International Association of Electrical Inspectors stating that Richard Vigliotti has been selected Electrical Inspector of the Year for 2007.� She stated this was a nice recognition by his peers for someone who does that job for our Borough.�� The Union Baptist Church will be having a tribute to Martin Luther King on January 21, 2008 at 11:00 am at 350 Sheridan Avenue, Kenilworth, NJ.�

DEPARTMENT OF FINANCE

Councilman Joho stated they have received the 2008 proposed budgets from the various departments.� The Finance Committee is in the process of meeting with the various Department Heads to go over those proposed budgets.� They had their first meeting yesterday and they have two� more meetings scheduled this month for January 15^th and 24^th.� They have requested that the Department Heads submit a Five Year Capital Plan, for those departments that have capital goods and inventory that need to� be planned out.

DEPARTMENT OF PUBLIC WORKS

Councilwoman Sosnosky reported the DPW crew has finished the curbside leaf removal and in addition to the curbside, they have also completed that task at the 9^th and 16^th Street Parks.� Beginning next week they are going to address the potholes in our community.� Councilwoman Sosnosky reminded residents that the DPW is in the process of removing Christmas Trees and she asked residents to please remove the decorations, lights and ornaments for safety reasons.�

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese stated that on New Years Day Lt. Bill Hannon, Officer Henry Obiedzinski and Officer Ken Grady, Jr. were dispatched to a local residence on a report of a woman giving birth.� These officers, along with the Kenilworth Rescue Squad assisted with the birth and successfully delivered a baby girl.� They are to be commended for a job well done. Last week the office of Emergency Management received additional reimbursement through FEMA for the 2007 Nor�easter in the amount of $9,700.00.� The Police Chief and the Governing Body would like to commend the following officers for participating in the Union/Essex Auto Theft Task Force. The Task Force rides around Essex and Union County in unmarked vehicles looking for suspicious activities and they act as a deterrent and they also run plates in vehicles that appear to be not being operated by their owners. The officers being commended are Officer Henry Obiedzinski, Officer Bobby Cox, Officer Len Lueddeke, Officer Mike Scanielo, Officer Joseph Scuorzo and Officer Ed Pastor. The Police Department totaled 208 sick days for 2007. Of those days, 170 were taken by two Officers, leaving a total of 38 sick days being used by the remaining 30 Police Officers which is a little more than 1 sick day per Officer. The Detective Squad executed a search warrant on Epping Drive where an individual was arrested on drug charges.�

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DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman Candarella stated the Planning Board had their Re-organization Meeting on January 3, 2008.� Anthony Lepore was chosen as Chairman, Jeff Corcione was chosen as Vice Chairman, Tom Vitale as Planning Board Attorney.� Grotto Engineering is the new engineering firm and Shamrock Enterprises is the Planner.� Councilman Candarella stated he feels they will work well as a group.� The goal this year for the Planning Board is to begin the process of revising or putting together a new Master Plan.� They� have taken the initial steps of reaching out and they are hoping this week or next week they will have their initial meetings and start the process.� It will be a long process and hopefully this year they will get it done.� He had a meeting with the current Building Inspector and he is hoping to coordinate a smooth transition between the old and the new. The Senior Citizen Handyman Program has begun and he has taken over the coordination of that plan.

DEPARTMENT OF RECREATION AND FIRE

Councilman Clementi reported that he will be attending his first Recreation Meeting tomorrow evening and the first Fire Meeting in the beginning of February.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman DeLuca stated he will be attending his first meeting for the Library on January 10^th and the Board of Health o the 17^th.

BILLS

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

CONSENT AGENDA

Resolutions No. 1 thru 15 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.

Councilwoman Sosnosky moved that all items under Consent Agenda be approved, seconded by Councilman Candarella.� 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, the Treasurer has outstanding checks on the records in the Trust account which were issued over one year ago, and:

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WHEREAS, letters were written to the businesses/individuals asking them to cash these checks or sign affidavits to have them replaced;

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council that the Treasurer is authorized to reissue checks to Dunkin Donuts, 705 Boulevard, Kenilworth, NJ in the amount of $75.52 and $185.23;

�

BE IT FURTHER RESOLVED, that due to not receiving any communication from the payee, the following outstanding checks written from the Trust account be cancelled:

�� Check # 2179 dated 4/26/07 to Deidre Shea School of

�� Irish Dancers�� $� 100.00

�� Check # 2041 dated 1/18/06 to C J Malkmus�� $� 220.00

�� Check #2065 dated 4/13/06 to C J Malkmus�� $� 550.00

RESOLUTION NO. 3

Whereas, the Borough of Kenilworth held a Tax Sale on May 24, 2007 for delinquent 2006 taxes, and a tax lien was purchased by American Tax Funding, LLC on property located at 180 Market Street and known as Block 177 Lot 5, in the Borough of Kenilworth, County of Union,

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

Now therefore be it resolved, that the Treasurer be and is hereby authorized to draw a warrant to the named lien holder as follows to be refunded upon receipt of the original Certificate of Sale #07-00014 by the collector of taxes.

American Tax Funding, LLC

P.O. Box 862658

Orlando, FL�� 32886-2658

Redemption Amount

$27,123.13

Premium

$40,000.00

RESOLUTION NO. 4

WHEREAS, Roberto and Marlene Cordero is the owner of Block 117, lot 26, 23 So. 23^rd Street, Borough of Kenilworth, Union County, NJ, and;

WHEREAS, there is a credit on said parcel for the second quarter of 2007, and;

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NOW THEREFORE 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 warrants for refund as stated below.

Block�� Lot�� Payable to:�� Amount

�� 117 �� 26�� Roberto & Marlene Cordero� �� $ 1,348.94

�� 23 So. 23^rd� Street

�� Kenilworth, NJ�� 07033

RESOLUTION NO. 5

WHEREAS, Mona Salman is the owner of Block 24.01, lot 15, 236 No. 9th Street, Borough of Kenilworth, Union County, NJ, and;

WHEREAS, there is a credit on said parcel for the first and second quarters of� 2006, and;

NOW THEREFORE 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 warrants for refund as stated below.

Block�� Lot�� Payable to:�� Amount

�� 24.01 �� 15�� Mona Salman�� $ 3.081.52

�� 236 No. 9th Street

�� Kenilworth, NJ�� 07033

RESOLUTION NO. 6

WHEREAS, Glenn M. & Jennifer Wetzel are the owners of Block 13, lot 18, 302 No. 17^th Street, Borough of Kenilworth, Union County, NJ, and;

�WHEREAS, there is a credit on said parcel for the second quarters of� 2007, and;

NOW THEREFORE 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 warrants for refund as stated below.

�� Block�� Lot�� Payable to:�� Amount

�� 13 �� 18�� Glenn M. & Jennifer Wetzel�� $1,688.81

�� 302 No. 17^th Street

�� Kenilworth, NJ�� 07033

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RESOLUTION NO. 7

WHEREAS, it has been determined that real estate taxes for the year 2007 have been overpaid due to a New Jersey State Tax Court Judgment,

NOW, THEREFORE BE IT RESOLVED that the treasurer be and is hereby authorized to draw a warrant payable to �Wolf Block and Kenilworth 138 LLC� in the amount following their respective names and property location and further deliver said warrants to the Collector of Taxes for proper notation on tax account;

��

Block�� Lot�� Name/Prop. Loc.�� Amount

182�� 2�� 138 LLC Kenilworth�� $10,471.67

��  1700 Galloping Hill Road��

RESOLUTION NO. 8

WHEREAS, Joad & Cheryl J. Pinho are the owners of Block 157, lot 10, 756 Vernon Avenue, Borough of Kenilworth, Union County, NJ, and;

WHEREAS, Countrywide Tax Services is responsible for paying taxes on the aforementioned parcel, and;

WHEREAS, there is a credit on said parcel for the fourth quarter of 2007, and;

NOW THEREFORE 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 warrants for refund as stated below.

Block�� Lot�� Payable to:�� Amount

�� 157�� 10� �� Countrywide Tax Services� �� $� 1,274.06

�� P.O. Box 10211

�� Van Nuys, CA�� 91410-0211

RESOLUTION NO. 9

WHEREAS, Jose and Olga Marie Rebelo are the owners of Block 172, lot 5, 364 Faitoute Avenue, Borough of Kenilworth, Union County, NJ, and;

WHEREAS, Countrywide Tax Services is responsible for paying taxes on the aforementioned parcel, and;

WHEREAS, there is a credit on said parcel for the third quarter of 2007, and;

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NOW THEREFORE 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 warrants for refund as stated below.

Block�� Lot�� Payable to:�� Amount

�� 172�� 5� �� Countrywide Tax Services� �� $�� 995.80

�� P.O. Box 10211

�� Van Nuys, CA�� 91410-0211

RESOLUTION NO. 10

WHEREAS, Alcohol and Drug Abuse Prevention is a major goal of all good government; and

WHEREAS, The Borough of Kenilworth has established a Municipal Alliance for Alcohol and Drug Abuse prevention ; and

WHEREAS, The Board of Chosen Freeholders of the County of Union, via the Department of Human Services, will provide the Borough of Kenilworth with funds which amount to a sum not to exceed Sixteen Thousand Three Hundred and Seventy-three dollars ($16,373.00); and

�� CASH MATCH:�� 4,093.25

�� IN-KIND MATCH�� 12,279.75

WHEREAS, the Borough of Kenilworth, through its Municipal Alliance, agrees to operate its program in accordance with the provisions of said grant.

NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of Kenilworth agrees to the provisions of the said contract between itself and the County of Union for Alcohol and Drug Preventions and authorizes the Mayor to sign said agreement.

RESOLUTION NO. 11

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

�Raffle License:�

#913�� Kenilworth Historical Society for an On-Premise 50/50 Raffle on February 9, 2008 at St. Theresa�s Parking Lot, North 22^nd St.� Kenilworth, NJ.

RESOLUTION NO. 12

Be It Hereby Resolved:�� That the employee Dental Policy with Delta Dental Plan of New Jersey be renewed for a two (2) year period from 2/1/08 to 1/31/09 with rates as attached.

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RESOLUTION NO. 13

Be It Hereby Resolved:� That ROBERT F. RENAUD be appointed Tax Appeal Counsel for the year 2008 at a rate of $130.00 per hour.

RESOLUTION NO. 14

Restore the Principle of Majority Rule in the State of New Jersey as it Pertains to Special Budget Questions in School Board Annual Elections,

WHEREAS, New Jersey Public School Districts face increasing budgetary challenges to maintain effective and high quality educational programs, and

WHEREAS, greater budgetary constraints (caps) imposed by recent legislation (Assembly Bill A1 and formally known as P.L. 2007, c.62) force many school districts to present high quality educational programs to district voters by means of special questions, and

WHEREAS, p.l. 2007, C.62 imposes an unprecedented 50% majority vote requirement for a special question to be successful and further declares that school districts have no right of appeal to the local municipality or the Commissioner of Education should such questions fail, and

WHEREAS, low voter turnout (often less than 15%) for school budgetary questions often means that success or failure is often based on very low margins, and

WHEREAS, this requirement violates all principles of majority rule and gives those persons who vote in the negative greater voice and control in their respective communities.

NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the Borough of Kenilworth requests its legislative representatives and Governor Jon Corzine to amend Chapter 62 to eliminate the provision of a super-majority (60%) vote for school district special questions and restore the principle of �one person, one vote� in the State of New Jersey, and

BE IT FURTHER RESOLVED, that a copy of this resolution be sent to our local legislative representatives in the General Assembly and Senate, the Governor of the State of New Jersey, and to the New Jersey School Board�s Association.

RESOLUTION NO. 15

RESOLUTION REQUESTING EQUITABLE STATE FUNDING FOR KENILWORTH AND SIMILAR SUBURBAN SCHOOL DISTRICTS

WHEREAS, the mayor and Council of the Borough of Kenilworth recognizes that

i) more than 55% of all property taxes paid in Kenilworth and many similar suburban New Jersey communities are incurred for school budget funding, and it is incumbent upon the municipal government to partner with and support the Board of Education address property tax issues, and

Regular Council Meeting � January 9, 2008�� Page 9

ii) in recent years, suburban school children such as ours have not received a fair and equitable share of New Jersey State funding, with such funding remaining essentially flat over the past six years for our school district and ones similar to it, while State mandates have increased and related school district costs continually increased :

iii) approximately 5% of our school district�s budget is funded by the State, while they fund some other districts in the region upwards to 100% of their budget, and

iv) while all New Jersey students deserve a basic level of State educational aid, including suburban children, our school children are vulnerable to be shortchanged again by the State�s upcoming new school funding formula, and

WHEREAS, the State is supposed to pay for their mandated increases, yet ultimately and repeatedly foregoes that responsibility, forcing associated costs of their mandates upon the shoulders of overburdened municipal property taxpayers; and

WHEREAS, such action has exacerbated the damage and harmful consequences that increasing local property taxes have across all households and the community at large, and

WHEREAS, Governor Corzine convened a special legislative session on July 28, 2006, indicating a new, more equitable education funding formula, yet more than a year later, little has been made known beyond generalized discussions and vague promises.

NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Kenilworth urges the State to ensure, through the upcoming funding formula, that

i) State aid to fund State mandated programs for children, including those for children with defined special needs, must be adequate per municipality and that such children must receive the full amount of that funding, no matter where he or she resides and

ii) a sustainable revenue source be identified and engaged, in order to meet the responsibility of providing a regular and steady stream of funding required to support education needs, without continued reliance and unfair, compounding burden upon local property taxpayers, and

iii) such action be conducted by the newly elected State Legislature, not the current lame duck Legislature, as the new Legislature best represents the people�s intent of properly addressing such issues, and

BE IT FURTHER RESOLVED that copies of this resolution will be forwarded to Governor Corzine, Senate President Richard Codey; Senate Majority Leader Stephen Sweeney; Assembly Speaker Joseph Roberts; Senator Shirley Turner (Chair of the Senate Education Committee); Assemblyman Craig A. Stanley (Chair of the Assembly Education Committee); State Senators Tom Kean and Ray Lesniak; State Assemblymen Eric Munoz, Jon Bramnick, Neil Cohen, and Joseph Cryan; County Board of Chosen Freeholders; as well as the municipal governments of the surrounding communities of Clark, Westfield, Garwood, Springfield, Cranford, Roselle Park, Roselle, Winfield; and Mountainside, Fanwood, Union, and Berkeley Heights.

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Certified to be true copy of a resolution adopted by the Borough Council of the Borough of Kenilworth at a meeting held January 9, 2008.

GENERAL BUSINESS

Mayor Fiamingo stated that one of the goals for 2008 is to broadcast the Council Meetings on TV 36 when FIOS gets up and running.� She spoke with the gentleman who video taped our last meeting and he suggested that we first do something about the sound system because it would make the audio better on the videos. She stated she is getting quotes for the material and equipment needed as well as a new recorder. She said there is some money left in the budget from the grant from Comcast. She stated that Verizon has spoken with the Business Administration at the Board of Education and they are saying that they expect to have FIOS in by April but the realistic time is probably July.� Hopefully within the next several months they will have full coverage throughout the Borough.��

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

MEETING OPENED TO THE PUBLIC

Bob Herbert, 363 Coolidge Drive � Mr. Herbert asked what type of work was going to be done on North 20^th for the reconstruction and what section will the work be done on? Mayor Fiamingo stated she did not know what type of work would be done but she will get the information to him.

She asked anyone if they knew what section of the street was being done. Hedy Lipke stated that at first it was going to be the entire street but then there was a question of eliminating one section between Monroe and Sheridan. She said the� entire street will be done down to Via Vitale with the exception of the section between Monroe and Sheridan.� Mr. Herbert said that April 5^th will be the Opening Day for Little League with a rain date of April 6^th.� The Little League Picnic will be June 7^th.� Mr. Herbert asked Councilman Pugliese to share with the Police Department that he thinks they are doing a great job and working hard to keep the Town nice and quite.� They work hard with the shared counties of Union County and Essex� and they should keep up the good work.�

Vincent Grimaldi, 32 North 11^th Street � Mr. Grimaldi stated that traffic backs up at 14^th and Monroe and he asked if the light at the corner can be made to a delayed light so that people can make the left hand turn onto Monroe to ease the traffic build up on 14^th Street.� He stated that he has spoken with the Crossing Guards and they asked him to ask the Council to contact the Police Department to remind the kids that there is a state law about wearing helmets while riding bikes.

Mayor Fiamingo asked Councilman Pugliese to bring Mr. Grimaldi�s suggestion to Lt. Grady.

Joe Grimaldi, 32 North 11^th Street � Mr. Grimaldi asked if the� Police Department could give a test to bike riders and then issue a bike riding license like they did when he was a kid.� This would give the kids a chance to learn safety lessons.

Mayor Fiamingo stated she will look into this with the Police or maybe the Recreation Department.��

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

ADJOURNMENT

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

8:25 P.M.�� Respectfully submitted,

�� Hedy Lipke, Borough Clerk ��

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ROLL CALL

MINUTES

REPORT OF COMMITTEES

DEPARTMENT OF FINANCE

DEPARTMENT OF PUBLIC WORKS

DEPARTMENT OF PUBLIC SAFETY

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

DEPARTMENT OF RECREATION AND FIRE

BILLS

CONSENT AGENDA

ORDINANCES AND RESOLUTIONS

Redemption Amount

Block�������������� Lot������������������ Name/Prop. Loc.�������������������������������� � Amount

RESOLUTION NO. 10

RESOLUTION NO. 11

RESOLUTION NO. 12

RESOLUTION NO. 13

Be It Hereby Resolved:� That ROBERT F. RENAUD be appointed Tax Appeal Counsel for the year 2008 at a rate of $130.00 per hour.

RESOLUTION NO. 14

GENERAL BUSINESS

Block�� Lot�� Name/Prop. Loc.�� Amount