Council Minutes from 9/24/2008

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH� HELD ON WEDNESDAY EVENING, SEPTEMBER 24, 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:� Sal Candarella, Brian Joho, Fred Pugliese and Toni Sosnosky.� Anthony DeLuca and Lawrence Clementi were absent.

MINUTES

It was moved by Councilman Joho, seconded by Councilwoman Sosnosky, and carried that the minutes of the Work Session Meeting of September 9, 2008, and the Regular Council Meeting of September 10, 2008� be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS

Bids are to be received for �2008 NJDOT and Capital Roadway Improvements� (North 20^th and North 11^th Streets) on Wednesday, October 15, 2008.
Bids are to be received for �Minor Channel Improvement-Branch 10-24 of the Rahway River� on Wednesday, October 15, 2008.
Request for Proposals for the Master Plan Revision has been advertised and is available in the Borough Clerk�s Office.

REPORTS

Municipal Court Report for the month of August, 2008.

�

It was moved by Councilman Pugliese, 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�S REPORT

Mayor Fiamingo reported the September 11^th Ceremony was a very nice event.� The Police Chief arranged the event and it was very well attended.� She said she appreciated everyone in the community responding with their support.� The Health Fair was September 20^th and also was well attended.� The PBA Motorcycle event was also on September 20^th and there were more than 200 bikes in attendance.� The library elevator addition is 75% complete and we are waiting on the actual mechanism to be delivered. The Town wide Garage Sale was very successful.� The 2007 Road Project is beginning and should be completed in mid to late

November.� The 2008 Road Project is going out to bid and we will receive those bids on October 15^th.� Depending on the price and weather we hope to have those started this fall or next spring.� The Mayor reported the County will be paving the Boulevard for at least the next

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week, depending on the weather.� The Boulevard will be closed during the day from 14^th thru Dorset Drive.� When that part of the Boulevard is complete, the County will then work on 14^th thru Michigan Avenue.� They will do that portion of the road during the evening.� Hopefully there will not be too much disruption to the merchants along the Boulevard.� We had hoped the County would not close the Boulevard but the County changed its mind.� She said as long as the job gets done quickly, it will be a bonus for everyone.� The Mayor said the Octoberfest which was originally scheduled for October 12^th is going to be cancelled this year, due to several other events in surrounding municipalities as well as not being sure if the paving of the Boulevard would be completed.� We did not want to take a chance that it would not be completed by the Octoberfest.

DEPARTMENT OF FINANCE

Councilman Joho reported the 4^th Quarter 2008 Tax Bills are being prepared by our Tax and Finance Office and are expected to be placed in the mail this Friday the 26^th.� He said he will be asking the Department Heads to create their 2009 department budgets.� The Borough has been given a preliminary estimate on Kenilworth�s obligation to the Rahway Valley Sewerage Authority for 2009.� As expected there will an increase over this year.� Our estimated assessment is approximately 1.7 million dollars for 2009 instead of the 1.4 million dollars assessment we paid this year.� However we had received a special credit of approximately $300,000.00 this year which reduced our net cost to about 1.1 million dollars.� The new assessment estimate is a 55% increase from our 2008 actual cost. Obviously we need to take this into consideration as we formulate our budget for 2009.�

DEPARTMENT OF PUBLIC WORKS

Councilwoman Sosnosky reported Rahway did an excellent job on the town wide cleanup and the Borough did not receive any complaints.� The DPW has finished painting all the park benches, bleachers and the picnic tables in all of the parks.� Due to the construction on the Boulevard, the DPW may have to change the order in which they pick up the trash.� Trash and brush will be picked up before the end of the day.� She asked the residents if there is an occasion, due to safety issues or� accessibility, the DPW may not be able to pick up the trash or the brush. She asked the residents leave the materials at their curbside and the DPW will get to it as soon as possible.

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese asked residents to drive carefully during school hours.� He asked parents who walk their children to school to please use the crosswalks. He also asked residents when they are dropping off their children to use the designated area.� He said if parents leave their vehicle unattended, they may receive a ticket.� He also asked parents to not cut in line as it is not courteous and it also backs up traffic on the Boulevard creating a safety hazard.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES� ��

Councilman Candarella reported the 2007 Road Project is about to begin.� The 2008 Road Project is out to bid.� The requests for proposal for the Master Plan has been published and they are expecting bids to start coming in shortly.� Once all the bids are received, the committee will review and make their recommendations.� They are working on the� public safety building

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contract. They have been spending a lot of time with the architect firm trying to get all the costs involved and trying to put together a contract that is economical for the town. There are no applications this month for the Planning Board and the meeting has been cancelled.� The Senior Citizen Handyman Program has finished for the year.� He thanked Mr. Hathaway for doing a great job and he will forward a thank you letter to him.� They spent $3,600.00 this year.� The program has begun again.� The program has been cut by 40% by the County and we have a little less money to spend this year.� He recommended seniors to pick up an application for this year.��

The Mayor added the fiscal year for the County ends on August 31^st and begins September 1^st and is on-going.� The monies are allocated on a fiscal year basis.

DEPARTMENT OF RECREATION AND FIRE

Councilman Deluca was absent.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Clementi was absent.� The Mayor mentioned the Halloween Parade will be held on October 25^th and more information will be provided by Councilman Clementi at the next meeting.

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 Councilwoman Sosnosky.�� 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, the Borough of Kenilworth desires to apply for grant funds for a KIDS

RECREATION TRUST GRANT available from the County of Union; and

WHEREAS, in order to obtain such a grant, it is necessary for the Borough of Kenilworth

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to submit an application and to enter into an agreement with the County of Union with regards to

such grant.

WHEREAS, the Borough of Kenilworth is applying for a grant for the following:

�� Equipment - $4,938.50

WHEREAS, the Borough of Kenilworth agrees to provide the match of the above as

required.

NOW, THEREFORE, BE IT RESOLVED that the Mayor of the Borough of Kenilworth

be hereby authorized to request and execute any and all documents necessary for the submission

and completion of such application on behalf of the Borough of Kenilworth

RESOLUTION NO. 3

WHEREAS, the Octoberfest had been planned for October 12, 2008 on the Boulevard in the Borough of Kenilworth, and;

WHEREAS, construction of new curbs and paving of the Boulevard will coincide with the Octoberfest and therefore, the Octoberfest had to be cancelled, and;

WHEREAS, many individuals and organizations have already paid money for tables and booths for the event.

NOW, THEREFORE, BE IT RESOLVED, that the attached listing of deposits be refunded to the individuals and/or organizations listed.

RESOLUTION NO. 4

WHEREAS, an application has been filed for a person-to-person transfer of Plenary Retail Consumption License #2008-36-004-006, heretofore issued to Kenilworth Capital, Inc. for premises located at 60 South 31^st 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 application 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 premises;

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Kenilworth does hereby approve, effective September 24, 2008, the transfer of the aforesaid Plenary Retail Consumption License to Northstar Kenilworth, LLC does

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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 Northstar Kenilworth, LLC effective September 24, 2008.

RESOLUTION NO. 5

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

��

�� #937� Newark Archdiocesan Council of Catholic Women for an On-Premise Merchandise Raffle on December 6, 2008 at 60 South 31^st Street.

RESOLUTION NO. 6

Be It Hereby Resolved:�� That Consolidated Steel & Fence Company, Inc., Kenilworth, NJ, be

authorized to install fencing at the Kenilworth Public Works Yard at a cost of $6,050.00 as per

quote attached.

Certification of Funds

Date: __________________

Appropriation :_____________________

�� _____________________

__________________________________

Treasurer

RESOLUTION NO. 7

Be It Hereby Resolved:�� That Guarriello & Dec Associates, LLC, 131 North Michigan Avenue, P.O. Box 208, Kenilworth, NJ, be authorized to perform the Boundary & Topographic Surveys of Block 118, Lot 20 and Block 117, Lot 22, relating to the proposed Public Safety Building, at a total cost of $4,300.00 as per the attached proposal.

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RESOLUTION NO. 8

��

WHEREAS, change is constant and affects all cities, towns, suburbs, counties, boroughs, township, rural areas, and other places; and

WHEREAS, community planning provides an opportunity for all residents to be meaningfully involved in making choices that determine the future of their community; and

WHEREAS, the full benefits of planning requires public officials and citizens who understand, support, and demand excellence in planning and plan implementation; and

WHEREAS, the month of October is designated as National Community Planning Month throughout the United States of America and its territories, and

WHEREAS, The American Planning Association and its professional institute, the American Institute of Certified Planners, endorse National Community Planning Month as an opportunity to highlight the contributions sound planning and plan implementation make to the quality of our settlements and environment; and

WHEREAS, the celebration of National Community Planning Month gives us the opportunity to publicly recognize the participation and dedication of the members of planning commissions and other citizen planners who have contributed their time and expertise to the improvement of the Borough of Kenilworth; and

WHEREAS, We recognize the many valuable contributions made by professional community and regional planners of the Borough of Kenilworth and extend our heartfelt thanks for the continued commitment to public service by these professionals.

NOW, THEREFORE, BE IT RESOLVED THAT, the month of October 2008 is hereby designated as Community Planning Month in the Borough of Kenilworth in conjunction with the celebration of National Community Planning Month.

��

Proposed Ordinance No. 2008-15 was read for the second and final reading as follows: (Copy appears in minutes of August 27, 2008)

2008-15

BOND ORDINANCE TO AUTHORIZE THE ACQUISITION OF COMPUTER EQUIPMENT IN, BY AND FOR THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $30,000 TO PAY THE COST THEREOF, TO MAKE A DOWN PAYMENT, TO AUTHORIZE THE ISSUANCE OF BONDS TO FINANCE SUCH APPROPRIATION AND TO PROVIDE THE ISSUANCE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE OF SUCH BONDS.

Mayor Fiamingo explained that this a second reading on a bond ordinance for the acquisition of computers for employees in the Borough.� If anyone has anything to state with respect to this ordinance to please step forward, state their name and address for the record.� Seeing no one, the Mayor closed the hearing on Ordinance 2008-15.

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RESOLUTION NO. 9

Introduced by Brian Joho, adoption by same.

Seconded by Sal Candarella

Be It Hereby Resolved:�� That Proposed Ordinance 2008-15 be and the same is hereby passed on second and final reading and ordered published according to law.

Upon roll call, four in favor

Proposed Ordinance No. 2008-16 was read for the second and final reading as follows: (Copy appears in minutes of August 27, 2008)

2008-16

AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF THE BOROUGH OF KENILWORTH � DEPARTMENTAL STRUCTURES � POLICE DEPARTMENT TABLE OF ORGANIZATION.

Mayor Fiamingo explained that this a second reading on an ordinance to change the table of organization based on a recommendation made by the Chief of Police.� This is a lateral move of a detective from the Detective Bureau and putting that individual into the Traffic Bureau.� If anyone has anything to state with respect to this ordinance, please step forward, state their name and address for the record.� Seeing no one, the Mayor closed the hearing on Ordinance 2008-16.

RESOLUTION NO. 10

�

Introduced by Fred Pugliese, adoption by same.

Seconded by Toni Sosnosky

Be It Hereby Resolved:�� That Proposed Ordinance 2008-16 be and the same is hereby passed on second and final reading and ordered published according to law.

Upon roll call, four in favor.

Proposed Ordinance No. 2008-18 was read for the first reading as follows: (Copy attached)

�� 2008-18

ORDINANCE AMENDING CHAPTER 170 and Chapter 91 OF THE CODE

OF THE BOROUGH OF KENILWORTH

�� BE IT ORDAINED by the Governing Body of the Borough of Kenilworth that Chapter 170 and Chapter 91 of the Borough Code is hereby amended as follows:

�� Adding Subsection K and L as follows:

SECTION 170-22.1

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�� K. The permittee shall utilize advanced reconstruction technology eg. (infared) to restore the pavement surface to the satisfaction of the Borough Engineer.

��

�� L.�� If work so permitted is to be performed on a street or roadway in the Borough within 5 years after the street or roadway has been resurfaced and/or reconstructed, the permittee shall be required to:

�� a) �� provide a written explanation as to the necessity of the work to the Borough Engineer

�� b)�� utilize advanced technologies subject to the approval of the Borough Engineer (eg. Infared) to restore the work area

�� c)�� post a performance guarantee with the Borough in the amount of one hundred twenty (120%) percent of the cost of the road improvements and a maintenance guarantee of fifteen (15%) percent of the cost of construction, as estimated by the Borough Engineer for a two (2) year period from final acceptance. Such guarantees may be posted as cash, irrevocable letter of credit or bond in a form approved by the Borough Attorney. (Minimum guarantee shall be $1,000.00)

�� d)�� post escrow funds of $750.00 to allow the Borough Engineer to make inspections as necessary to assure compliance with the requirements to this Section.

�� Sections 170-22.8 and 170-22.9 are hereby deleted.

BE IT FURTHER ORDAINED that Chapter 91-1, Section 170-17 shall be amended so that the fee for street opening permits is $500.00 and for each additional inspection required for final approval by the Borough Engineer a re-inspection fee of $200.00.�

BE IT FURTHER ORDAINED that Chapter 91-1 is amended that Chapter 170 provide a fee for driveway and sidewalk permits in the amount of $100.00 and to allow for a re-inspection fee of $100.00.

��

This ordinance shall take effect immediately upon adoption after second reading and publication according to law.

INTRODUCED:_____________

ADOPTED:_________________

�� ________________________________

�� KATHI FIAMINGO, MAYOR

ATTEST:

______________________________

HEDY LIPKE, BOROUGH CLERK

Mayor Fiamingo stated this is a first reading on this ordinance relative to street openings.� This allows individuals to open streets that have been repaved provided they repave them in accordance with advanced technology.� The second reading will be held on October 22, 2008 at which time the public will be able to comment.

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RESOLUTION NO. 11

Introduced by Sal Candarella, adoption by same.

Seconded by Toni Sosnosky.

Be It Hereby Resolved:�� That Proposed Ordinance 2008-18 be and the same is hereby passed on the first reading and ordered published for final hearing on October 22, 2008.

Upon roll call, four in favor.

GENERAL BUSINESS�

Councilman Joho mentioned that in this time of financial market volatility to please make sure your bank deposits are fully insured.� The basic FDIC insurance amount is $100,000.00 per depositor per insured bank.� If you have any questions or concerns ask you banker or there is usefully information on www.fdic.gov

Councilman Pugliese reminded residents they can see some our police officers in action on a show called Jack which is� on the A&E channel at 10:00 pm on Thursdays.� He said he has seen Officer Scuorzo, and Officer Lueddeke and how the Essex/Union Auto Theft Task Force makes our lives a little easier. They work in areas that we may frequent like Rt. 22.�� He also congratulated the Union County Swat Team that did very well in the competition in Connecticut of which Officer Daniel Sims is a part of.��

Mayor Fiamingo opened the meeting to the public.

MEETING OPENED TO THE PUBLIC

Livio Mancino, 102 North 24^th Street � Mr. Mancino asked how Mr. Fruchter is doing.� The Mayor replied he is doing well and recovering. Mr. Mancino said he read the Asbury Park Press and it said that any community that neglects to file for a grant is doing a disservice to the residents. He asked Councilman Joho why Kenilworth did not apply for the Extra Ordinary grant.� Councilman Joho responded by stating that the Borough�s circumstances this year did not warrant applying for that grant as there were many more communities that were highly affected by the Governors decrease in State Aid, particularly Garwood which received no State Aid.� Garwood was more than qualified to receive Extra Ordinary Aid package.� He said he equates the situation to �If you know you don�t qualify for welfare, you typically do not apply and you are not hoping someone will make an error and send you money�.� He said when the situation arises and we are eligible for an extra ordinary grant, we will definitely apply.� Mr. Mancino said the effort should be made whether we get turned down or not, we should at least apply.� Mr. Mancino asked the Mayor about the OMNIBUS grant.� She responded by stating that was a grant writing company that was hired several years ago.� The Borough paid them a certain fee and if they obtained a grant it would come out of that money.� She said no funds were received as a result of that company.� She said she agreed with Mr. Mancino that the Borough needs to search out for as much funds out there as possible via grants or otherwise that we are qualified for.� She said she has asked the Police to be on the lookout for any grants that may be available for the public safety building.� Mr. Mancino asked the Mayor if any residents got free service for the Ordinance regarding the curbs. The Mayor responded in the past residents on

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the Boulevard did not pay for the curbs.�� Mr. Mancino asked the Council to look into the performance bond for Washington Avenue. Mayor Fiamingo said she will refer the matter to the engineer.� Mr. Mancino said the Borough should check with the County when they schedule things like the Octoberfest. Mr. Mancino asked the Mayor and Council to set up a fund to aid the hurricane victims in Texas and he will start by adding the first $500.00.

Cheryl Pantina, 100 Park Drive � Ms. Pantina asked if there was a raindate for the Octoberfest and if there was, why was it not scheduled on that date.� Mayor Fiamingo stated there was a raindate for the following week but the response was less than perfect for the rain date because of the initial fact that it was scheduled for a day that another community had their event planned.�

Frank Pugliese, 235 North 13^th Street � Mr. Pugliese complimented the Mayor and Council. He said they are the best Mayor and Council in 48 years.� He said they kept all their promises like meetings being taped and they worked for the public safety building.

Motion was made by Councilman Joho, 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 Candarella 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��

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