Council Minutes from 9/10/2008

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH� HELD ON WEDNESDAY EVENING, SEPTEMBER 10, 2008.� MAYOR KATHI FIAMINGO PRESIDED.

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

The Salute to the Flag was led by Mayor Fiamingo.

ROLL CALL

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

MINUTES

It was moved by Councilman Clementi, seconded by Councilman Joho, and carried that the minutes of the Work Session Meeting of August 26, 2008, and the Regular Council Meeting of August 27, 2008� be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS

l. Letter from Union County Freeholder Mirabella inviting the Mayor and Council to attend their POW/MIA Remembrance Day Ceremony on Friday, September 19^th at 11:15 A.M. at the Courthouse. �

2. Letter from Debbie Paster, Pembrook Drive, requesting permission for a Block Party on Pembrook Drive on Saturday, October 11^th (rain date Sunday, October 12^th) from 1 P.M. to 6 P.M.

3. Letter from �Susan G. Komen for the Cure� requesting permission to tie pink ribbons on downtown trees on the Boulevard from October 1^st thru October 31, 2008.

4. The 9-11 Ceremony will be held on Thursday, September 11^th at 7:00 P.M. in front of Borough Hall.

REPORTS

�� 1.� Police Department Report for the month of August, 2008.

�� 2.� Construction Department Report for the month of August, 2008.

Borough Clerk�s Report for the month of August, 2008.
Kenilworth Board of Education Meeting Minutes of April & May, 2008.
Rahway Valley Sewerage Authority Meeting Minutes of June 17, 2008.

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

Regular Council Meeting � September 10, 2008�� Page 2

REPORT OF COMMITTEES

MAYOR�S REPORT

Mayor Fiamingo stated there will be a short ceremony in front of Borough Hall at 7:00 PM for a 9/11 Ceremony.� The Mayor also stated there will be a blood drive at the Recreation Center on Tuesday, September 16^th between the hours of 2:00 PM and 8 PM to benefit Mr. Lafferty.� She said if anyone is available to donate blood it will be for a good cause.� She said September 20, 2008 is the Health Fair at Schering Plough from 9:00 AM to 12:00 PM.� Tax bills are going out by the end of September.� There was an increase in State Aid of approximately $135,000.00 which will be applied to the reduction of taxes.� The Mayor reported that 90% of the library project is completed and they are waiting for the elevator to be delivered sometime in November.� Boulevard paving is supposed to begin the 2^nd week in September.� They will be starting at Dorset Drive all the way down the Boulevard to Michigan Avenue.� The County has promised to do the work in the evening with minimum disruption to the merchants.� We are not sure how long the process will take.� The Mayor stated there was a mix up tonight and the meeting will not be taped.�

DEPARTMENT OF FINANCE

Councilman Joho stated tonight there is a resolution for the insertion of a special item of revenue to the 2008 Municipal Budget.� The Borough has received the Solid Waste Administration Recycling Grant money for $8,580.83.� This resolution allows the Borough� to add this revenue item into our already adopted 2008 budget.� He said tonight an Ordinance is being introduced authorizing the purchase of three new heavy duty pick-up trucks. The Borough is seizing the opportunity and taking advantage of favorable pricing available on large pick-up trucks before the 2008 model year comes to a close.� They plan on purchasing two 2008 Ford Super Duty F350 pick-up trucks with four-wheel drive, standard cab, 8 ft. pick-up box and many other necessary features.� Those two trucks will be for the DPW and they replace two 1990 Dodge pick-up trucks that are desperately needing to be replaced.� The Borough is also purchasing one F-350 pick-up truck with a crew cab and a plow package for the Fire Department.� All of these trucks were on the Borough�s five year Capital Plan and if not purchased this year they would have had to be purchased in subsequent years but we thought the cost savings available now provided the opportune time to accelerate these purchases.� All the major truck manufactures have announced over the last year that the closing or retooling of many of their truck manufacturing facilities reduced the manufacturing capacity� thus limiting future supplies.� Ultimately their goal is to regain some of the pricing power they have lost in the market.� We already know that the base cost of these trucks will be higher in 2009 then what we are getting today.� We know our employees are looking forward to the addition of these utility vehicles.� We are giving them the tools so that they can get their job done.

DEPARTMENT OF PUBLIC WORKS

Councilwoman Sosnosky reminded the residents that the September General Household Cleanup for the north side of town began today, September 10^th and will continue until

Regular Council Meeting � September 10, 2008�� Page 3

completed.� The south side of town will be picked up starting on Wednesday, September 17^th and will continue until completed.� Last Saturday evening tropical storm Hanna came to our area

and we only had one damaged tree, which was removed.� There was some flooding but no streets had to be closed.� Councilwoman Sosnosky read a letter to Superintendent Ryan from Mrs. Cheryl Marko praising Walter Krieck, Michael Kretchner and Joseph Ferry for their help in assisting her with an unscheduled weed/debris pickup.� She said they went our of their way to accommodate her request.� She also said the DPW makes an extra effort throughout the year to keep the town clean and make Kenilworth a better place for our residents.

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese was absent. Mayor Fiamingo reported the paving for the Boulevard is tentatively scheduled for either the last week of September or the first week of October.� The Police Department had a total of 18 hours of training for U-Cert Swat.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES� ��

Councilman Candarella was absent.� Mayor Fiamingo reported the Construction Department reported $12,000.00 in fees for last month.� The Planning Board did not have any cases last month.� The committee spent several hours working on the proposed contract from EI for the new public safety building.� They made a number of proposed changes and Mr. Fruchter is sending those proposals to EI Associations.� The next step is to set up a meeting as soon as possible.� The request for proposals for the Master Plan will be published on Friday.� All proposals will then be reviewed by the PZO committee to determine which proposals will be submitted to the Council for adoption.� The 2007 Road Improvement paving project should begin this month.� The bid spects for the 2008 Road Project should be available by the end of September.� Depending on how many bids come in and what the numbers look like we may start that project before the weather changes. She said the cost of asphalt has increased due to the cost of oil.

DEPARTMENT OF RECREATION AND FIRE

Councilman Clementi had nothing to report for the Fire Department.� The Recreation Meeting is tomorrow evening and he will report on that at the next council meeting.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman DeLuca reported the Health Fair is September 20, 2008 and they will offer free immunizations and screening tests.� Transportation for all residents will be provided behind the Kenilworth Senior Citizen Building starting at 8:30 am.� The Summer reading program at the library concluded with its 7^th Annual Tricky Tray at Schering Plough and there were over $12,000.00 worth of prizes given out.� September is National Library Card signup month.� If you are a resident you can show your license at the Library and receive a card.� The library has books, DVD�s and you can also go on-line.� He encouraged the residents to take advantage of the all that the library offers.� Registration for the Fall Reading Program started on September 2, 2008.� There are many events for children as well as adults.� If you need more information you can call 276-2451 or go to www.kenilworthlibrary.org.�

Regular Council Meeting � September 10, 2008�� Page 4

ORDINANCES & RESOLUTIONS

BILLS

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

CONSENT AGENDA

Resolutions No.� 1 thru 5 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 Clementi 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

WHEREAS, Nestor and Biviana Nogueira are the owners of Block 159, lot 15.02, 755 Woodland Avenue,� Borough of Kenilworth, Union County, NJ, and;

WHEREAS, Aurora Loan Services is the authorized agent to pay taxes for this property, 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

�� 159�� 15.02 �� Aurora Loan Services�� $�� 779.50

�� P.O. Box 961233

�� Fort Worth, TX�� 76161

RESOLUTION NO. 3

RESOLUTION CREATING KENILWORTH ALLIANCE COMMITTEE

ON ALCOHOL AND DRUG ABUSE

BE IT HEREBY RESOLVED: That the Mayor and Council of the Borough of Kenilworth, County of Union, State of New Jersey, in compliance with the Governor�s �Blueprint for a Drug Free New Jersey�, hereby establish the Kenilworth Alliance Committee on Alcohol and Drug Abuse.� This alliance pledges to work toward the accomplishment of the following goals in the Governor�s �Blueprint�:

Regular Council Meeting � September 10, 2008�� Page 5

(1)� Organize and coordinate the efforts of school, police, business groups and other community organizations to fight drug/alcohol abuse.

(2)�� Adopt a K through 12 substance abuse education program in the schools which has been deemed to be comprehensive and effective.

(3)�� Provide a comprehensive drug/alcohol abuse education and outreach program.

(4)�� Provide a comprehensive substance abuse community awareness program.

BE IT FURTHER RESOLVED that the membership of the Municipal Alliance Committee Shall include, but not be limited to, the Kenilworth Chief of Police, the High School Assistance Counselors, a representative of the Parent Teacher Association, representatives of local civic associations, township officials, private citizens and senior citizens.

I Hedy Lipke, Clerk of the Borough of� Kenilworth, County of Union, New Jersey, do hereby Certify that the foregoing Resolution is a true copy of a Resolution approved by the Borough Council at a regular meeting on September 10, 2008.

RESOLUTION NO. 4

Capital Budget Amendment (Copy Attached)

RESOLUTION NO. 5

WHEREAS, N.J.S.A. 40A: 4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any municipality when such item shall have been made available by law and the amount thereof was not determined at the time of adoption of the municipal budget, and

�� WHEREAS, said Director may also approve the insertion of an item of appropriation for an equal amount, and

�� WHEREAS, the Borough of Kenilworth has received $8,580.83 from the Solid Waste Administration Recycling Fund and wishes to amend its 2008 Budget to include this amount as revenue,

�� NOW, THEREFORE, BE IT RESOLVED that the Council of the Borough of Kenilworth hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2008 in the sum of��$8,580.83

which is now available as a revenue from:

�� Miscellaneous Revenues

�� Special Items of General Revenue Anticipated with Prior Written Consent of the��

�� Director of Local Government Services:

�� Public and Private Revenues Off-Set with Appropriations:

�� Solid Waste Administration Recycling Tonnage Grant Program

��

BE IT FURTHER RESOLVED that a like sum of��..

��$8,580.83

be and the same is hereby appropriated under the caption of:

�� General Appropriations

(a) Operations Excluded from "CAPS"

Public and Private programs Off-Set by Revenue:

Regular Council Meeting � September 10, 2008�� Page 6

�� Solid Waste Administration Recycling Tonnage Grant program

�� BE IT FURTHER RESOLVED, that the Borough Clerk forward two copies of this resolution to the Director of Local Government Services.

Hedy Lipke stated the reason for the Capital Budget Amendment,� which was on the Consent Agenda, was because we are having the first reading for the bond ordinance on the purchase of three pick up trucks that were added to our Capital Budget.

Proposed Ordinance No. 2008-17 was read for the first reading as follows: (Copy attached)

�� 2008-17

BOND ORDINANCE TO AUTHORIZE THE ACQUISITION OF NEW AUTOMOTIVE VEHICLES, INCLUDING ORIGINAL APPARATUS AND EQUIPMENT, IN, BY AND FOR THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $87,000 TO PAY THE COST THEREOF, TO MAKE A DOWN PAYMENT, TO AUTHORIZE THE 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 stated this is a first reading for an ordinance to acquire the three pick up trucks.� Councilman Joho explained earlier this evening that this is an economical move for the Borough.� The second reading will be held on October 8^th at which time public comment will be held.�

RESOLUTION NO. 6

Introduced by Brian Joho, adoption by same.

Seconded by Lawrence Clement.

Be It Hereby Resolved:�� That proposed ordinance 2008-17 be and the same is herby passed on first reading and ordered published for final hearing on October 8, 2008.

Upon roll call, four in favor.

GENERAL BUSINESS�

Nothing for general business.

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

Regular Council Meeting � September 10, 2008�� Page 7

MEETING OPENED TO THE PUBLIC

Bob Beiner, 36 South 24^th Street � Mr. Beiner asked Councilman Joho why the Borough did not apply for Extra Ordinary Aid?� Councilman Joho stated that the Borough does not qualify for Extraordinary Aid.� He said he phoned the Director of the Extraordinary Aid Program. He said with the State Budget there was reduced aid to all municipalities, especially those with less then 10,000 residents.� He said the pool of monies was reduced by the State and there were going to be more deserving applicants that would be looking for special grants and Kenilworth is a stage above that.� There are a lot of smaller� municipalities that took a greater hit then we did as far as reduced State aid.� Mr. Beiner asked Councilman Joho if he knew how many towns applied and how many towns actually received aid?� Councilman Joho did not know.� Mr. Beiner stated that 96 towns applied for aid and 61 towns received aid.� He said 2/3 of towns that applied received aid and in Union County Garwood and Fanwood received aid.� He stated that Kenilworth should have applied.� Councilman Joho stated that the $75,000.00 that the Borough received last year was greatly reduced from prior years. He said the State reduced the pool money, making more towns eligible and needy and we did not fit that bill.� He said an Assemblywoman was running for Congress and she lives in Fanwood. Mr. Beiner stated that of the 4 architects that applied for the new public safety building, EI, Associates were the least specific on how much the project would cost. One of the architects quoted a cost per square foot and one said between 4 and 5 million.� Mr. Beiner asked if anyone has asked EI if the project would be more than 5 million dollars?� Mayor Fiamingo responded by stating that we do not know exactly what we are building so it would be hard for an architect to give an exact price. She said that once we determine what is going to be built, they will be able to quote a price. Mr. Beiner asked if the Borough has a plan if the project is more than 5 million. The Mayor stated that because we do not know the parameters of what the building will look like it is premature to say if we have a limit.� She said we are not trying to build a Taj Mahal, we are looking to get what we need and to do the best we can with what we have without going crazy.� Mr. Beiner asked if there were any discussions or planning about where the Recreation Department and the Board of Health will be located during construction. The Mayor said the Health Department will be moved over to where the Police Department is now.� She said we have to talk about where the Recreation Department will be housed but we will make arrangements for them until we have a replacement center.� Mr. Beiner asked if the $190,000 grant was for hard costs? Mayor Fiamingo said it has been described to her as bricks and mortar.� She said they have to get moving. Mr. Beiner asked if� they have to the end of the year to spend the money and would that money� be used to demolish the Recreation Building?� Mayor responded yes. Mr. Beiner asked what the situation is with the curbs on the Boulevard? Mayor Fiamingo said the Borough is doing the curbs along the Boulevard because the County does not consider curbs their responsibility, they said it is the Borough�s responsibility. She said for the past three years the Borough has been fixing curbs along the Boulevard in anticipation of the road being paved. She said this is the final phase of fixing the curbs.� Councilman Joho stated they have just started on the south side of the Boulevard at Shady Lane.�� Councilman Joho stated that only 10% of the $190,000 grant money can be used for soft costs.

Herb Michitsch, 725 Monmouth Avenue � Mr. Michitsch stated he did not think it was the right decision to not apply for extraordinary aid. He said if you do not ask for it, you do not get it.� We should have gotten something and something is better than nothing. He said it was a mistake on the Council�s part.� Mr. Michitsch asked if the Borough is replacing the curbs on the Boulevard with Belgium blocks?� The Mayor responded no, they are repairing the curbs.� Mr. Michitsch

Regular Council Meeting � September 10, 2008�� Page 8

asked who bears the expense?� The Mayor said the town is paying for the curbs being repaired. Mr. Michitsch asked why is the town paying and not the residents when it is improving their property? He said when other curbs were done in other parts of town the residents were assessed and they had to pay.� He said the cost should be to the homeowners, not the residents.� Councilman Joho stated there is a difference because the Boulevard is a County road and a main thoroughfare used by thousands of people. Mayor stated that curb project was started three years ago and she did not know the genesis of why the town is bearing the cost.� Mr. Michitsch asked if anyone knows the price to replace the curbs? Councilman Clementi stated the cost is about $60,000.00 per year with a total cost of $180,000.00. Mr. Michitsch asked if the Mayor was going to do anything about this and she replied no, it is already in the budget for this year.� Mr. Michitsch said $60,000.00� is almost one point in taxes.

Livio Mancino, 102 North 24^th Street � Mr. Mancino said that if property is enhanced or improved by repairing the curbs, the cost should be paid for by the homeowner.� Mr. Mancino stated that recouping the money has no bearing on the State as far as the budget is concerned.� If the Borough recovers $180,000.00 from the residents that have had their curbs done to enhance their property then that money would go into the Borough�s� current fund and would give the Borough more money for the next year to reduce taxes for the residents. Mr. Mancino suggested the Borough Attorney look into recovering the money for the Borough.�� Mr. Mancino asked the Mayor and Council to set up something at the Borough Garage to collect old computers or laptops and a company that the High School uses will pay the Borough money for those items. He suggested someone contact Mrs. Bush at the High School to find out the name of the company that pays for computers. Mr. Mancino asked the Mayor and Council if there is anything that can be done regarding newspapers that are thrown on the residents driveways.� Mr. Mancino asked the Mayor and Council to keep the residents abreast of what is happening with the new public safety building. Mr. Mancino asked what is happening with the Octoberfest?� Mayor Fiamingo stated there are problems because the Boulevard is going to be paved by the County, the Town of Union is going to be having their Bicentennial Celebration on that day and also Cranford is having a street fair the same day.� She said she has to speak with the Chairperson, Marie Condo before she makes an announcement.� She said� Ms. Condo has worked very hard on the Octoberfest.� The Mayor stated that signals got mixed and Ms. Condo received the wrong information regarding the date for the Cranford Street Fair.

Jerry Ramos, 337 North 19^th Street � Mr. Ramos asked the Mayor to let people know as soon as possible whether the Octoberfest is going to take place.� The Mayor responded by stating she left a message for Ms. Condo and is waiting to speak to her. Mr. Ramos stated he is for the public safety building but he is concerned about where the departments that are housed in the building are going to be moved.� He asked where the Health Office was going to be relocated and the Mayor responded by stating it is probably going to go where the police are currently located.� She said the current Borough Hall needs to be renovated. Mr. Ramos asked where was the Health Department going to go while the old police department is being renovated? The Mayor replied she is not sure where they will go during the renovation. Mr. Fruchter commented that during phase one they would be looking for alternate sites for the Recreation and Health Departments.� Mr. Ramos asked where the Recreation would be going and the Mayor replied she did not know at this time.� Mr. Ramos said that before they start demolishing the Recreation Building and renovating the current building, the Borough should know where the Recreation Department and Health Department are going to be housed. He asked if they thought about renting a trailer? The Mayor said they would consider that. Mr. Ramos asked if the building at

Regular Council Meeting � September 10, 2008�� Page 9

DiMario Park could house the Recreation Department. The Mayor said she did not think so. The Mayor stated they will not knock down anything until they have a space for the Health Department and the Recreation Department. Mr. Ramos asked why the meetings are not being videotaped?� The Mayor stated all the meetings since February 27th have been taped and the reason tonight�s meeting is not being taped is because there was a miscommunication with the video person about this evening. Mr. Ramos asked the Mayor if she was on council when he� video taped a meeting many years ago.� Mr. Ramos stated he would like to see the meetings continue to be taped.� She said she has a proposal to have the building wired so that they do not have to have someone come every meeting.

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

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

8:40 P.M.�� Respectfully submitted,

�� Hedy Lipke, Borough Clerk��

ADS - Applied Dynamic Solutions, LLC

email webmaster