Council Minutes from 10/8/2008

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH� HELD ON WEDNESDAY EVENING, OCTOBER 8, 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, Lawrence Clementi, Anthony DeLuca, Brian Joho, Fred Pugliese and Toni Sosnosky.�

MINUTES

It was moved by Councilman Clementi, seconded by Councilman DeLuca, and carried that the minutes of the Work Session Meeting of September 23, 2008, and the Regular Council Meeting of September 24, 2008� be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS

1. Letter from Mayor Fiamingo appointing Madonna Bogus as Alternate #2 on the Kenilworth Planning Board for an unexpired term of Robert Schiekle ending 12/31/08.

Letter from Jerry & Joan Nesbitt, 219 North 15^th Street, asking that their street be repaved as it is in deplorable condition.
Report from Carol Westervelt regarding the September 3, 2008 meeting of the Union County Transportation Advisory Board.
The date for proposals to be submitted for �Re-examination of the Master Plan� has been changed to Tuesday, October 21, 2008.
Letter from Shirley Boyden Maxwell inviting Mayor and Council to the �Four Centuries in a Weekend� tour of the Nitschke House on October 18 and 19, 2008.

REPORTS

1. Police Department Report for the month of September, 2008

2. Construction Department Report for the month of September, 2008.

3. Borough Clerk�s Report for the month of September, 2008.

4. Rahway Valley Sewerage Authority Meeting Minutes of August 21, 2008.

�

It was moved by Councilman Joho, 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 Historical Society had their annual Casino Night at Schering-Plough. The event was very well attended and everyone had a good time.� They are also hosting Four Centuries in a Weekend on October 18^th from 10:00 am to 5:00 pm. and on October 19^th from 12:00 noon to 5:00 pm.� The Mayor encouraged everyone to take a tour of the Nitschke House. The Boy Scouts are having an induction ceremony for one of their members

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who is achieving the rank of Eagle Scout.� The Induction Ceremony will be on October 26^th and Mayor and Council have been invited.� Mayor Fiamingo is looking forward to the ceremony.� The Red Ribbon Parade will be held October 18^th and will start at the David Brearley Parking Lot at 10:00 am and march to Nomahegan Park where they will have a celebration.� Red Ribbon is part of the a drug awareness committee and part of the Municipal Alliance.� Mayor Fiamingo stated the Borough of Kenilworth has a Community Fund.� This fund is established for individuals who have financial needs but are not eligible for welfare.� The fund is for individuals who have temporary problem such as loss of a job and who need help with their rent or food to help tide them over for a temporary period. The fund is significantly depleted and she urged anyone who� is interested in helping out their fellow citizens in our community to donate to the Kenilworth Community Fund.� Kenilworth has individuals in the Community who are in need of help. Donations can be sent directly to Borough Hall.� The Mayor stated if anyone� is in need of temporary financial assistance, to call the Welfare Department and Paulette Drogan will be happy to discuss their issues. She said everything will be held in confidence.

DEPARTMENT OF FINANCE

Councilman Joho had nothing to report.

DEPARTMENT OF PUBLIC WORKS

Councilwoman Sosnosky reminded residents that due to the construction on the Boulevard, the Sanitation Crew may have to change the order in which they do the route.� She said pick-ups will be completed before the end of the day.

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese reported the County repaving project on the Boulevard is continuing.� They are currently paving from 14^th Street to Michigan Avenue in the evening from 7:00 pm to 6:00 am so as to not affect the local businesses to much.� Hopefully they will complete the project by the end of the week but he is not sure that is going to happen.� Councilman Pugliese stated the Kenilworth Police Department will be stepping up enforcement of the law that requires motorists to yield to pedestrians in crosswalks.� Officers will be stationed at various crosswalks in town to make sure motorists are yielding to pedestrians.�

DEPARTMENT OF PLANNING, ZONING & ORDINANCES� ��

Councilman Candarella reported he reviewed the Construction Report and it seems to be in order.� The Planning Board does not have any hearings scheduled for this month and the meeting has been cancelled.� They are continuing their negotiations with the architect for the new public safety building.� They are waiting for the architect�s response to some questions they had.� They are also waiting for responses to the RFP for the Master Plan Proposal.

DEPARTMENT OF RECREATION AND FIRE

Councilman Clementi reported the Recreation Department has a meeting this Thursday, September 9^th at the Recreation Center, public is welcomed.� The Halloween Parade is

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Saturday, October 25^th at 10:00 am.� The parade will start at 10:00 am at the Recreation Center and continue to Harding School.� He said the total calls for the Fire Department and Rescue Squad is 123, total emergency man hours 471, total miles traveled 929, total number of non emergency man hours 136� for a grand total of 670 man hours.� Councilman Clementi read a letter from Lou Giordano, Fire Chief to St. Theresa�s School.� The Fire Department donated a check for $1040.00 for a fire truck swing for their new playground.�� Throughout the years St. Theresa�s Church has been a great help to the Fire Department and they appreciate their support.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman DeLuca reported Flu Shots will be give at the Senior Citizen Building on October 15^th from 9:00 am to 12:00 pm.� Residents 65 yrs. and older need to bring their Medicare B card and if they do not have a Medicare B card they will have to pay $11.00.� This is also for people 18 yrs. and older who have chronic illness, diabetes, etc.� He said there was an article in the newspaper stating children 4 and under should not be given any type of over the counter medication for colds.� He said the article states they are not to sure of the effectiveness and they are afraid that parents are not giving the children the proper dose. He suggested parents not guess at the dosages they are giving their children and to see a pediatrician.� Councilman DeLuca reported the Library has several programs coming up.� They are having a Halloween Celebration for children on Friday, October 17^th at 7:00 pm. They have a Blood Drive on November 3^rd from 3:00 pm to 8:00 pm and a book discussion group on October 28^th at 7:15 pm on� Seven Turns of the Key which talks about a fictional family�s immigration to America by Angelo Saverino.�� Also a saxophone� concert by Shannon Pierce will be held on Friday evening on November 7^th from 7:00 pm to 8:00 pm, pre-registration is required.

ORDINANCES & RESOLUTIONS

BILLS

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

CONSENT AGENDA

Resolutions No.� 1 thru 6 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 DeLuca.�� 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.

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RESOLUTION NO. 2

WHEREAS, Judith and Roger Regenthal were the owners of Block 92, lot 17, 25 Columbia Avenue, Borough of Kenilworth, Union County, NJ, and;

WHEREAS, the fourth quarter of 2007 taxes were paid by their bank and by the new owner at closing, and:

WHEREAS, their bank paid the taxes in error and no longer have an interest in the property;

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

�� 92�� 17�� Judith & Roger Regenthal�� $1,110.77

�� 125 Peachtree Point Parkway N.E.

�� Cleveland, TN 37323�

RESOLUTION NO. 3

WHEREAS, the following property was issued a permit and fees were received by the Building Department.

WHEREAS, it has been determined that the homeowner is a senior citizen, and is entitled to a reduced fee as per Borough Ordinance No. 99-5.

NOW, THEREFORE, BE IT RESOLVED that the Treasurer be and is hereby authorized to draw a warrant to refund the following to:

�� Amount of $157.00 to be refunded to the homeowner who paid the permit.

�� Marie Witman

�� 742 Newark Avenue

�� Kenilworth, NJ� 07033

�� Block #127, Lot #21�� Permit #08-00305

RESOLUTION NO. 4

CHANGE ORDER

�1500 GPM TRIPLE COMBINATION REAR MOUNT

RESCUE PUMPER & RELATED EQUIPMENT

Be It Hereby Resolved:�� That the Contract for a �1500 GPM Triple Combination Rear Mount Rescue Pumper & Related Equipment� awarded to Crimson Fire, Inc. through its dealer, New Jersey Emergency Vehicles, is hereby amended as per the Change Orders listed below:

�� Change Order #1 � Generator�� $19,975.00

�� Change Order #2� - Electric Reel Air System�� $12,815.00

��

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�� Computer Mount

�� Change Order #3 -�� Cab Storage Compartment�� $� 1,500.00

�� Total�� $34,290.00

�� Total contract amount will now be $631,040.00

BE IT FURTHER RESOLVED that the Mayor be authorized to sign said Change Order.

BE IT FURTHER RESOLVED that pursuant to N.J.A.C. 5:34-5.1 et seq. Local Public Contracts Law, the required Certificate of Availability of Funds is attached.

��

RESOLUTION NO. 5

RESOLUTION TO PERPETUATE AND ACKNOWLEDGE 9-11-2001

BE IT HEREBY RESOLVED that the Governing Body of the Borough of Kenilworth

acknowledge the terrible harm inflicted on our country on September 11, 2001 with an annual

memorial service recognizing the impact this occurrence has had on those who lost their lives on

that day.� We especially want to acknowledge those Fireman, Police, EMT�S and all those who

were and may continue to be victims of that tragic event.

BE IT FURTHER RESOLVED that we also urge that all future Governing Bodies of the

Borough of Kenilworth continue this memorial event annually during this century.

RESOLUTION NO. 6

�WHEREAS, the Borough of Kenilworth no longer has use for the following Fire Department vehicle:

�� 1980 Hahn Pumper, VIN No. HCP5058128060

BE IT HEREBY RESOLVED,� by the Mayor and Council of the Borough of Kenilworth that the Borough Clerk be and is hereby authorized to sell the above vehicle, as is, at public sale at a date within 60 calendar days.� The auction will be advertised in the following media:� The Cranford� Chronicle and the Borough of Kenilworth Web Site.

1. Said sale shall be conducted by the Borough Clerk or by any person so designated by her.

2. Said property is being sold �as is�.

3. All prospective purchasers are put on notice to personally inspect the property.

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At the time of said sale, the purchaser shall deposit the entire purchase price with the Borough Clerk in cash or certified check made payable to the borough of Kenilworth.

4. If the purchaser fails to take title and possession within ten (10) days of the date of purchase, the Governing Body of the Borough of Kenilworth may declare the contract of sale to be terminated and may retain all monies paid there under as liquidated damages, and the Borough may resell said property or pursue such other and further legal and equitable remedies as it may have.� If the purchaser fails to take title or possession within said ten (10) days, purchaser will be liable for reasonable storage� fees.

5. If the title to this property shall prove to be unmarketable, the liability of the Borough shall be limited to the repayment of the amount of any sums paid by said purchaser to the Borough without any further costs, expense, damage, claim against or liability upon the Borough.

6. The Borough of Kenilworth reserves the right to reject all bids and shall not be obligated to accept any bids.

7. All prospective purchasers are put on notice that no employee, agent, officer, body or subordinate body has any authority to waive, modify or amend any of the within conditions of sale.

Proposed Ordinance No. 2008-17 was read for the second and final reading as follows: (Copy appears in minutes of September 10, 2008)

�� Ordinance No. 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 ordinance is to approve the acquisition of three pick up trucks for the DPW and Fire Department.� It was determined that this was the time to buy pick up trucks because

prices declined significantly and it was a good opportunity for the Borough to do so.� The Mayor stated this is a second reading and if any wishes to speak on this ordinance, please step forward, state your name and address for the record.�

Herb Michitsch � 725 Monmouth Avenue � Mr. Michitsch asked the Council what rate the Borough expected to pay on this bond?� The Mayor responded by stating the Borough receives bond anticipation notes for a period of time and then when they have a sufficient amount of bonds outstanding the Borough has a bond sale.� She said it is not possible to guess at the rate at this time.� He asked what rate we paid for the last bond issued? Mayor stated about 3.2.� Mr. Michitsch stated that in view of the current economic situation the Council should re think bonding three trucks.� He said the trucks are not needed.� He said it�s a good deal if you have the money but the Borough does not have the money.� He asked Councilman Joho what the total debt of the town is.� Councilman Joho stated he did not have those figures in front of him right now.� Mr. Michitsch asked how much

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was appropriated last year for the debt?� Councilman Joho stated he does not have those figures in front of him right now. Mr. Michitsch asked how can you not know how much the town owes? Mayor Fiamingo responded that she does not have that information off hand but as Mr. Michitsch knows, he can get that information directly from the Borough�s CFO.� Mr. Michitsch asked why the Fire Department needs a new truck? Mr. Michitsch stated the Fire Department has gone many years without a truck and now just because they asked for a truck they get one?� The Mayor responded by saying the Fire Department made the request indicating that this is what they require. Councilman DeLuca� responded by stating that if there were an emergency� call during a snow storm for an ambulance they would need a vehicle with a plow to get to the emergency. Mr. Michitsch asked what they did in the past? Councilman DeLuca responded by stating they used a Bronco with a plow that broke down all the time. Mr. Michitsch said the Fire/Rescue Department should call the DPW because they have plows. Councilman DeLuca stated that for a 911 call such as a heart attack, the Fire/Rescue respond immediately and if they had to wait for the DPW something bad could happen.� Mr.� Michitsch stated the Borough is bonding to much. He said there was a bond ordinance for the street for $890,000.00 and then there was another $67,000.00 bonded. Mr. Michitsch asked how much was bonded so far this year? Mayor Fiamingo said the Capital Budget was in the area of $800,000.00 as opposed to last year which was over one million. Mr. Michitsch stated it was $895,777.00.� Mr. Michitsch said if you don�t have the cash and you cannot afford it you should not spend it and then tax the residents.� He urged the Council to rethink the ordinance for the three trucks.

Livio Mancino, -102 North 24^th Street � Mr. Mancino asked what part of the $87,000.00 the Borough is bonding?� The Mayor responded by stating we are bonding $82,800.00 and the balance is the down payment.�� Mr. Mancino stated the Fire Department needs the truck and he does not see anything wrong with getting a truck by bonding it and spreading the money over the years.� Mr. Mancino asked who the other two trucks are for?� The Mayor responded the DPW.� She said the DPW crew is riding in trucks that are 18 yrs. old and the floorboards are so worn that they have had to put street signs down on the floor of the trucks.� The trucks are 1990 Dodge trucks.� Mr. Mancino stated the Council should be explaining in detail to the public why they are buying 3 trucks.� Councilman Joho stated that he mentioned at the introduction of this bond ordinance, about a month ago, that the Mayor and Council are seizing on this opportunity to take advantage of favorable pricing for these large pick up trucks.� They are two Ford Super Duty F-350 pick up trucks, 4 wheel drive, standard cab, 8 ft. pick up box for the DPW.� These are replacing two 1990 Dodge Pick up trucks that barely passed inspection and have floorboards made out of road signs.� He said it is not right to have our employees driving in these vehicles.� We are ordering the Super Duty F-350 with a crew cab for the Fire Department.� The crew cab is necessary for the Fire Department�s needs.� All these trucks will be outfitted with plows.� These were part of the five year Capital Plans that were presented by our Supervisors.� He said the opportunity arose for the pricing and we decided to escalate the purchase and� buy them this year instead next year.� We waited so long in 2008 that we are getting 2009 vehicles. We are saving money because we are getting the current model year.� He said he will keep in mind what Mr. Mancino said and present the facts a little better in the future.� He said the facts were mentioned at the introduction of the ordinance about a month ago.

Seeing no none else wishing to speak, Mayor Fiamingo closed the meeting on Ordinance 2008-17.�

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RESOLUTION NO. 7

Introduced� by Toni Sosnosky, adoption by same.

Seconded by Brian Joho

Be It Hereby Resolved:�� That Proposed Ordinance 2008-17 be and the same is hereby passed on second and final reading and order published according to law.

Upon roll call, all in favor.

GENERAL BUSINESS�

Mayor Fiamingo reported that Councilman Candarella, substitute Counsel Michael Tripodi and herself met with the architects to try and iron out the details.� They are coming very close to a conclusion.� They had some changes to the agreement and once that agreement is wrapped up and Council approves it, it will be signed and then we will go to the next phase.� The next phase is where the architects will discuss with the Police Department and the other Borough Departments what their needs are.� At that time they will come up with a plan as to what the building will look like, what the cost will be and where we will go from there.� She said there have been some questions about the Board of Health and the Recreation Department and where they will be located.� She said because� the timing is up in the air until we get a contract signed,� we do not know when all this is going to occur. It is a little premature to try and figure out where to move the Health Department and the Recreation Department.� We know we need to put them in a secure location and until we know when the move needs to be made, it is a little premature to plan.� The architects have requested, through Councilman Clementi, that the Recreation Department give them a list of the activities that go on in the Recreation Building.� When they have all the information and they know how much space they need for the Board of Health and Recreation Departments they will be able to start investigating where to put them.� We should have at least 8 months between the time the architects contract is signed and anything comes down.

Mayor Fiamingo read a letter addressed to Hedy Lipke from the Borough�s Insurance agent. The letter states the Garden State Municipal Joint Insurance Fund has awarded the Borough of Kenilworth a special recognition award to acknowledge their excellent safety score over the past three years, which is 90% or higher. �These efforts contributed to lower insurance costs to the Borough of Kenilworth which ultimately affects the citizens of the town by helping to control budgets.� He wrote that it is a pleasure working with the Borough as their Risk Management Consultant and is especially proud of their success.� The letter was signed by Raymond Vaughn, Commercial Accounts Representative.� The Mayor said the letter came along with a plaque which the Mayor showed everyone.� Mayor Fiamingo stated that Ms. Lipke maintains the safety committee and has meetings on a regular basis. She insists on everyone being safe and we owe her a debt of gratitude.� The taxpayers are getting a break on their insurance because of all the efforts she made to maintain a good safety record.� The Mayor thanked Hedy.

Motion was made by Councilman Candarella, seconded by Councilman Joho� to open the meeting to the public.

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MEETING OPENED TO THE PUBLIC

Bob Herbert, 363 Coolidge Drive � Mr. Herbert asked the Mayor and Council to support his contention that the Governor is wrong to mandate that towns with fewer than 10,000 residents merge with other towns. He said the Governor is threatening to stop State Aid if towns don�t comply.� He said we live in a democracy, not a dictatorship and that is why we are at war right now, because of a dictatorship.� The other rule the Governor is trying to pass is that every township have low income housing and if they don�t comply they will be stripping our State Aid.� He said we all pay taxes and the Governor is way out of line and the Mayor and Council need to get with other Mayors and start a movement telling the Governor we do not want this.� He said he gives a lot of money to towns that have more people and have bigger police, fire departments.� He said our town cannot handle merging.� He said we are very happy with the way our town is.� He said we have a great team and it is not the right time to merge because our town works. He asked the Mayor and Council to consider what he said. He said he can get a petition to stop these bills.

Livio Mancino, 102 North 24^th Street � Mr. Mancino stated that Mr. Herbert�s request will not come to pass because the legislature is the one that controls bills.� Mr. Mancino commended the Police for making sure drivers observe the crosswalks.� Mr. Mancino thanked Lou Giordino for giving him a ride home in the rain. He said the railroad property along the Boulevard on both sides is a mess.� He recommended the Mayor and Council tell who ever owns that property to keep it clean.� Mr. Mancino said the public should bring their old computers to the high school because they make money for old computer equipment. He also said he was disappointed the town is not having the Octoberfest and whoever plans it the next time should check with the County before they book a date because they have a listing of events that are being held in the County. Mr. Mancino asked why the Council does not have a schematic for the new public safety building.� Mayor Fiamingo stated that once the contract is signed with the architects they will have a schematic. Mr. Mancino said it is taking to long to sign the contract.

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 Pugliese , seconded by Councilman Clementi 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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