Council Minutes from 6/25/2008

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH� HELD ON WEDNESDAY EVENING, JUNE 25, 2008.� MAYOR KATHI FIAMINGO PRESIDED.

ROLL CALL

Roll Call at 8:00 P.M. showed the following Council Members present: Sal Candarella,� Lawrence Clementi, Anthony DeLuca, Brian Joho, Fred Pugliese, 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 Candarella, seconded by Councilman Clementi, and carried that the minutes of the Work Session Meeting of June 10, 2008 and the Regular Meeting of June 11, 2008 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS

1. Notice of Violation received from the Department of Environmental Protection citing �New Jersey Pollutant Discharge Elimination System� violations.

2. Letter from Prevention Links requesting permission for their 10^th Annual Red Ribbon Day Parade on October 18, 2008 along the Boulevard.

REPORTS

�� 1.�� Rahway Valley Sewerage Authority Meeting Minutes of May 17, 2008.

It was moved by Councilman Joho, seconded by Councilman DeLuca and carried that the above communications be received and filed and any money amounts indicated be spread over the minutes.

REPORT OF COMMITTEES

MAYOR�S REPORT

Mayor Fiamingo reported she received thank-you notes from David Brearley students, Lia Ehrl Zorbo and Nichole Antonicello who received� scholarships.� She also received a thank you note from Susan Kotch, who was a long-time member of the Board of Health and other various committees, for the Resolution that was read at the last meeting in her honor.� Dorothea Krihak from Friends of Black Brook Park, sent a thank you note to the Mayor for the publicizing of the planting of trees at the Park and she appreciates everything the residents are doing to help save Black Brook Park. The Mayor mentioned that Kenilworth has a lot to be proud of because she� received notice from A&P in Kenilworth that they were� third in the State for �Check Out Hunger�.� She said that is very impressive to be the 3^rd store collecting for the hunger drive in the entire State.� She said we deserve to recognized as a community for this.� Mayor Fiamingo reported this Sunday, June 29 the Pride In Kenilworth will be sponsoring their annual Fireworks.�

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The festivities will begin at 6:30 with a couple of musicians.� There will be vendors selling hotdogs and ice� cream.� She reminded residents to bring their lawn chairs and blankets.��

DEPARTMENT OF FINANCE

Councilman Joho reported the Estimated Tax Bills were mailed on June 20^th and should have appeared in everyone�s mailbox by now.� They held their first negotiating session with the PBA on June 5^th and both sides are reviewing the proposals.� The Borough�s negotiating team looks forward to continuing the negotiation process.� The State Budget has passed in both� legislative Houses and awaits the Governor�s action this week.�

DEPARTMENT OF PUBLIC WORKS

Councilwoman Sosnosky reported the DPW has started painting the stop bars on the north side of town and they will continue with that effort, weather permitting.� Superintendent Ryan has ordered about 100 yards of certified playground mulch and that will be placed under the swing sets and play sets in our three parks.

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese reported that Officer Jim Grady is heading the Neighborhood Watch Program in Kenilworth.� He is trying to recruit Block Captains to act as extra sets of eyes and ears.� If you want to become a Block Captain you should contact Officer Jim Grady at 908-276-5001.� The Block Captain would organize his neighborhood and have quarterly meetings with his neighborhood and the Police Department.� Councilman Pugliese thanked Officer Grady for heading the program.� This past Saturday Lt. Grady and Officer Ken Grady, Jr. participated in the Bicycle Rodeo and on behalf of the Mayor and Governing Body, they would like to thank them for putting together the program in an effort to teach our kids bicycle safety.

Mayor Fiamingo reported that National Night Out will be held the first Tuesday in August.�

DEPARTMENT OF PLANNING, ZONING & ORDINANCES� ��

Councilman Candarella� reported all is well in the Construction and Zoning Departments.� The Planning Board had a case that someone disagreed with and they took it to Superior Court.� The Court made a judgment for him to come back and they will be re-hearing the case.� The name is Monroe Avenue LLC.�

DEPARTMENT OF RECREATION AND FIRE

Councilman Clementi had nothing to report.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman DeLuca reported the Board of Health will be meeting this Thursday.� The Library needs assessment is going to be reviewed. He said �Bard on the Boulevard� is this Thursday and it will be hosted at the High School Field, in the event of rain it will be held at the Library.� Councilman Deluca stated that during the summer months he advised residents to be careful

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with their open fire pits. He urged residents to use proper safety precautions and if they are unsure they may call the Fire Department.� He said to not use an accelerants like lighter fluid because that may cause an explosion. He advised that something like that happened in town last week.� He said you can use a dura flame log because they are safe and do not spark.��

ORDINANCES & RESOLUTIONS

BILLS

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

CONSENT AGENDA

Resolutions No.� 1 thru 8� 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 Councilman Joho.�� 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

RESOLUTION NO. 2

�� Be It Hereby Resolved:� That the following be employed as Recreation Summer Playground workers as of June 23, 2008:��

�� Jenna Vitale�� Head Counselor�� $350.00 per week

�� Marisa Bierenfeld�� Regular Counselor�� $�� 7.15 per hour

�� Ben DeVito �� Regular Counselor�� $�� 7.15 per hour

�� Mallory McElroy�� Regular Counselor�� $�� 7.15 per hour

�� Dominick Vitale�� Regular Counselor�� $�� 7.15 per hour�

�� Corey Styker� �� Regular Counselor�� $�� 7.15 per hour

�� Nick Fields� �� Regular Counselor�� $�� 7.15 per hour

RESOLUTION NO. 3

WHEREAS, Galmayo, Inc. t/a Blackthorn applied for renewal of its Plenary Retail Consumption License No. 2008-33-006-007, for a one year period commencing July 1, 2008; and

WHEREAS,� said applicant has tendered the proper license fees to the Borough Clerk and proof has been received that the applicant has paid the proper filing fee to the Division of Alcoholic Beverage Control; and

WHEREAS,� the Chief of Police and the Kenilworth Board of Health have reviewed the application and approved of the same; and

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WHEREAS,� special conditions were annexed to the applicant�s license when Expanded

�� Premise was granted on July 2, 2001; and

WHEREAS,� the facts which led this Governing Body to impose such special conditions have continued;

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Kenilworth that Plenary Retail Consumption License No. 2008-33-006-007 of Galmayo, Inc. t/a Blackthorn, be renewed for a one year period commencing July 1, 2008, subject however to the following conditions on the licensed premises:

1. Occupancy on the deck area shall not exceed 145 persons.

2. No permanent or portable service bars shall be allowed on the deck area.� All alcoholic beverages shall be served by waiters or waitresses.

3. The deck area must be closed to patrons by 12:30 A.M., except on Thursday, Friday, and Saturday evenings when said closing shall be at 1:00 A.M., at which time the consumption of alcohol on the deck area shall be prohibited.

4. No music or other form of entertainment may be played, broadcast or conducted on or over the deck area after 12:30 A.M.

5. Operating months for the deck area shall be from April 15th� through October 15^th.

6. Deck area allowed to be open March 17^th (St. Patrick�s Day).

RESOLUTION NO. 4

Be It Hereby Resolved:�� That the attached list of Retirees be reimbursed for their payments for Medicare coverage from January 1, 2008 through June 30, 2008 inclusive, in accordance with Chapter 231, P.L. 1970 State of New Jersey.

RESOLUTION NO. 5

RESOLUTION FOR DETERMINING POSITIONS ELIGIBLE FOR THE DEFINED CONTRIBUTION RETIREMENT PROGRAM

WHEREAS, the State Legislature recently adopted Chapter 92 of the Laws of 2007 (N.J.S:15C-1 et seq.) to create the Defined Contribution Retirement Program to provide retirement benefits to various county and municipal officials; and

WHEREAS N.J.S.43:15c-2 requires the governing body of each county, municipality, and other local entity to adopt, as appropriate, either a resolution or ordinance to determine the positions that are substantially similar in nature to the advise and consent of the Senate for appointments by the Governor of the State, pursuant to guidelines or policy that shall be established by the Local Finance Board in the Department of Community Affairs, and for which officials appoint to such positions shall be eligible for and shall participate in the Defined Contribution Retirement Program, subject� to the provisions of the law; and

WHEREAS, the Mayor and Council of the Borough of Kenilworth has considered the guidelines issues by the Local Finance Board;

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THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Kenilworth that;

1. Pursuant to N.J.S. 43:15C-2, the following positions are deemed to be eligible for and shall participate in the Defined Contribution Retirement Program:

Zoning Enforcement Official

Planning Board Attorney

Municipal Prosecutor

2. Individuals serving in the following positions are exempt from Defined Contribution Retirement Program membership, pursuant to N.J.S.43:15C-2:

Certified Health Officer

Tax Collector

Chief Financial Officer

Construction Code Official

Tax Assessor

Registered Municipal Clerk

Licensed Uniform Subcode Inspector

Principal Public Works Manager

3. This resolution shall be implemented, construed and subject to the aforesaid Chapter 92 of the Laws of 2007 (N.J.S.43:15C-1) as amended from time to time, and any regulation or guidance documents from the Local Finance Board or the Division of Pensions and Benefits.

4. Should any part of parts of this resolution be held to be invalid by any competent court of law, such invalidity shall only affect the part or parts held to be invalid, and all other parts shall remain in effect.

5. A copy of this resolution shall be filed with the Director of the Division of Pensions and Benefits of the New Jersey Department of the Treasury.

6. This resolution shall take effect immediately.

RESOLUTION NO. 6

Be It Hereby Resolved:�� That MICHAEL KRETCHNER be employed as a full-time Driver/Laborer in the Department of Public Works as of June 30, 2008 at a rate of $14.00 per hour.

�

RESOLUTION NO. 7

Be It Hereby Resolved:�� That all bids received on June 24, 2008 for the �2007 Curb Replacement Program� be rejected as it is in the best interest of the Borough of Kenilworth due to the financial considerations of the project.

RESOLUTION NO. 8

Be It Hereby Resolved:�� That Grotto Engineering Associates be authorized to take the necessary steps to re-bid the 2007 Roadway Improvement Project.

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Proposed Ordinance No. 2008-09 was read for the second and final reading as follows: (Copy appears in minutes of May 28, 2008)

2008-09

AN ORDINANCE APPROPRIATING $ 8,578.00 FROM GENERAL CAPITAL SURPLUS TO UPGRADE THE FUEL SYSTEM AT THE DEPARTMENT OF PUBLIC WORKS YARD.

Mayor Fiamingo stated this Ordinance allows the Borough to commit some funds that were required improvements to the fuel system at the DPW yard.� The Mayor stated if anyone wishes to comment on this Ordinance to please step forward, state your name and address for the record.� Seeing no one from the public wishing to speak, the Mayor closed the hearing to the on Ordinance 2008-09.

RESOLUTION NO 9

Introduced by Toni Sosnosky, adoption by same.

Seconded by Brian Joho

Be It Hereby Resolved:�� That Proposed Ordinance 2008-09 be and the same is hereby passed on second and final reading and ordered published according to law.

Upon roll call all in favor.

Proposed Ordinance No. 2008-10 was read for the second and final reading as follows: (Copy appears in the minutes of June 11, 2008.

��

ORDINANCE�� 2008-10

BOND ORDINANCE TO AMEND SECTION 1 OF THE BOND ORDINANCE (ORDINANCE NO. 2007-12) ENTITLED: �A BOND ORDINANCE AUTHORIZING VARIOUS ROAD IMPROVEMENTS IN, BY AND FOR THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, NEW JERSEY, APPROPRIATING AN AGGREGATE AMOUNT OF $803,804 THEREFOR AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $585,963 IN AGGREGATE PRINCIPAL AMOUNT OF BONDS OR NOTES TO FINANCE PART OF THE COST THEREOF,� ADOPTED NOVEMBER 28, 2007.

Mayor Fiamingo stated this is an Ordinance amending a 2007 Ordinance to include certain smaller projects that we would like to get done as part of the 2007 Projects.� They are primarily drainage projects along some of the roads.� If anyone from the public would like to speak, please step forward and state you name and address for the record.� Seeing no one, the Mayor closed the hearing on Ordinance 2008-10.

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RESOLUTION NO. 10

Introduced by Brian Joho, adoption by same.

Seconded by Sal Candarella

Be It Hereby Resolved:�� That Proposed Ordinance 2008-10 be and the same is hereby passed on second and final reading and ordered published according to law.

Upon roll call all in favor.

Borough Clerk, Hedy Lipke stated the next Resolution is on roll call because it hinged upon the passage of Ordinance 2008-9. She also stated the funds for this resolution has the certification of� funds available from our Finance Officer.

RESOLUTION NO. 11

Introduced by Toni Sosnosky, adoption by same.

Seconded by Sal Candarella

WHEREAS, proposals were requested for �Upgrade to the Fuel System at Public Works�; and

WHEREAS, preferred Petroleum Products & Services, 192 Clifford Street, Newark, NJ 07105, submitted a proposal of $8,578.00 to provide all labor and materials to upgrade the system.

NOW, THEREFORE, BE IT RESOLVED that the contract for �Upgrade to the Fuel System at Public Works� be awarded to Preferred Petroleum Products & Services at a total cost of $8,578.00 as per proposal.

Roll Call, Candarella voted yes, Clementi voted yes, DeLuca voted yes, Joho voted yes, Pugliese voted yes and Sosnosky voted yes.

GENERAL BUSINESS�

Councilman Joho congratulated the David Brearley Class of 2008 and wished them success on their future endeavors.

Councilman Pugliese stated he attended the Library�s presentation of the �Lizard Man� and to his surprise it was not a comic book hero but it was a gentleman that was teaching children all about lizards and insects.� He brought along boxes full of lizards and insects and he thought that was very informative.� He complimented the Library and the Lizard Man on a good job.

MEETING OPENED TO THE PUBLIC

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

No one wished to speak.

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

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

8:20 P.M.�� Respectfully submitted,

�� Hedy Lipke, Borough Clerk��

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