Council Minutes from 10/22/2008

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH� HELD ON WEDNESDAY EVENING, OCTOBER 22, 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 Candarella, seconded by Councilman Joho, and carried that the minutes of the Work Session Meeting of October 7, 2008, and the Regular Council Meeting of October 8, 2008� be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS

1. Notice from the Township of Union Planning Board regarding a Public Hearing on a Site Plan and Variance Application of Wal-Mart for a Bale and Pallet Storage Addition.� Hearing to be held on Thursday, October 23, 2008 at 7 P.M. in Union Municipal Building.

2. Letter from Margaret Collins, 70 Birch Street, thanking Mayor and Council for approving the installation of a new street light.

3. Bids were received on October 15, 2008 for �2008 NJDOT & Capital Roadway Improvements� (No. 20^th & No. 11^th Streets)� Thirteen bidders responded.� The Borough Engineer is reviewing the bids.

4. Bids were received on October 15, 2008 for �Minor Channel Improvement-Branch 10-24 of the Rahway River�.� There were four bidders.� The Borough Engineer has reviewed the bids and recommends awarding to Star of the Sea Concrete Corp.� at a cost of $141,435.32.

�

It was moved by Councilman Joho, seconded by Councilman Clementi 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 this past week end the DARE Program had the Red Ribbon Parade.�� Children from various communities marched from David Brearley High School to Nomahegan Park where there was a number of events sponsored by the County Freeholders.� Also this past weekend the Historical Society sponsored� Four Centuries In A Weekend. The event was very informative and fun.� The Mayor stated she received notice from the Council On Affordable Housing (COAH), which is the State Agency that requires affordable housing to be built in various municipalities.� Kenilworth�s obligation under COAH is 231 or 238 units.� The Borough

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has to submit a plan to COAH by the end of the year in order to obtain some protection from builders remedy suits.� The Council has formed a sub committee to assist in that endeavor.� The Mayor said this weekend she will be attending the Eagle Scout Ceremony to award Richard Tiemann, who is a member of our local Boy Scout Troop,� the Eagle Scout Award.� This is a prestigious honor.� Mayor Fiamingo reminded everyone about the Kenilworth Community Fund.� This fund is for anyone who is interested in assisting their fellow residents who may have some temporary financial distress.� She said if you are interested, please send a check for The Kenilworth Community Fund to Kenilworth Borough Hall.� Donations are greatly appreciated.� The Mayor stated that the engineer recommended the Borough accept the lowest bidder on the 2008 street project and we will be awarding that this evening.

DEPARTMENT OF FINANCE

Councilman Joho stated that in an effort to keep everyone informed, he stated some vital statistics regarding the Borough�s finances.� The total assessed value of all the properties in the Borough is $881,551,373.00, the balance of our bonds outstanding our debt is $7,517,365.00.� Our last bond issuance had a 3.75% interest rate.� Notes that we had issued in October of 2006 had a 4.25% interest rate.� Our debt service this year is $895,777.00 and that is inclusive of payment of bond principal of $630,000.00 and payment of interest of $265,777.00. Our principal pay down increased by $20,000.00 this year.� Our total Municipal Budget for 2008 is $13,386,653.00.� Capital expenditures appropriated this year have been $1,159,000.00.� At the end of the third quarter our tax collection percentage was at 98.2%.� At the same time last year our percentage was 98.9% and we are only off by 8/100^th of a percentage point.� He said, with these economic times, he thanked everyone for paying their taxes.� Councilman Joho said the Borough�s revenues are off from the prior year by only $38,000.00.� He said with the challenging�� economic times the Borough�s finances� look to be in fairly good shape.� We continue to monitor the Borough�s financial health especially in light of yesterdays announcement from the State.� The State expects a four hundred million short fall in their current budget year and a 3-4 million dollar short fall entering their next budget year.

DEPARTMENT OF PUBLIC WORKS

Councilwoman Sosnosky reminded residents that Tuesday, October 28^th will be the last day for grass pick up.� Curbside leaf pick up will start on Monday, November 3^rd.

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese reported the paving and painting of the Boulevard has been completed.� He asked that the property owners along the Boulevard to be proactive and if they see anything that appears to be defective on the roadway to contact the County and if they see anything defective concerning the curbs to contact the Construction Department.� We must fix these things sooner rather than later prior to us releasing the contractor from the bond.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES� ��

Councilman Candarella reported there are no applications for the Planning Board this month.� Yesterday they received 5 proposals for the Master Plan.� The committee will review them soon.� They have made their suggested changes for the new Public Safety Building to EI Associates

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and they are waiting for their response.� The Handyman Program is up and running but it seems to be the same people who are using it over and over. He said he does not think that anyone is abusing the program but he would like to open it up to more people. He asked if there are any seniors who need this program they should feel free to fill out the application.� Applications are at Borough Hall.�

DEPARTMENT OF RECREATION AND FIRE

Councilman Clementi reminded everyone that the Halloween Parade, which is sponsored by the Recreation Department, will be held this Saturday, October 25^th.� The parade will start at the Recreation Center, 575 Boulevard at 10:00 am sharp and will continue down the Boulevard, ending at Harding School.� Festivities will be held in Harding School cafeteria.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman DeLuca had nothing to report for the Board of Health.� He said there are many events being held at the Kenilworth Library and he suggested that if anyone is interested they can go on line at www.kenilworthlibrary.org or to call 908-276-2451 for a list of the coming events.� He said there are arts and crafts projects for children. Also on November 6^th kids will be able to see snakes and turtles from Trailside Nature Center. Councilman DeLuca stated all the kids programs are for children 4 years and up and children under 6 years must be accompanied by an adult.�

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.

Councilwoman Sosnosky� 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

Be It Hereby Resolved:�� Whereas, the Municipal Court�s check book shows outstanding checks.� These checks should be voided and the monies be turned over to the Borough of Kenilworth.

Now, Therefore, Be It Resolved that the Court Administrator is authorized to draw said warrants in the amount of $21.00 from the Court�s General Account and $72.00 from the Court�s special Bail Account.

RESOLUTION NO. 3

Be It Hereby Resolved:�� That Carol Ann Campbell be employed as a Part Tim Violations Clerk in the Municipal Court Office at a rate of $15.00 per hour not to exceed 30 hours per week effective as of November 3, 2008.

RESOLUTION NO. 4

Be It Hereby Resolved:�

WHEREAS, sealed bids were received on October 15, 2008 for 2008 NJDOT & Capital Roadway Improvements (No. 20^th & No. 11^th Streets) and L&L Construction Group, LLC, 633 Franklin Avenue, Suite 171, Nutley, NJ� 07110, having submitted the lowest responsible bid as follows:

�� $320,665.00

NOW, THEREFORE, BE IT RESOLVED that L&L Construction Group, LLC be awarded the bid for 2008 NJDOT & Capital Road Improvements.

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 has been obtained from the Chief Finance Officer of the Borough of Kenilworth

RESOLUTION NO. 5

Declaring the 14^th day of November �Pancreatic Cancer Awareness Day� in the Borough of Kenilworth, New Jersey.

WHEREAS over 37,680 people will be diagnosed with pancreatic cancer this year in the United States and 34,290 will die from the disease;

WHEREAS, pancreatic cancer is the deadliest cancer and the fourth leading cause of cancer death in the United States.

WHEREAS approximately 1,060 deaths will occur in New Jersey.

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WHEREAS 75 percent of pancreatic cancer patients die within the first year of their diagnosis and 95 percent of pancreatic cancer patients die with the first five years.

WHEREAS there is no cure for pancreatic cancer and there have been no significant improvements in early detection, treatment methods or survival rates in the last 25 years.

WHEREAS when symptoms of pancreatic cancer present themselves, it is usually too late for an optimistic prognosis, and the average life expectancy of those diagnosed with metastasis disease is only three to six months.

WHEREAS incidents of pancreatic cancer is 20 to 30 percent higher in men than in women and 40 to 50 percent higher in African Americans than in other ethnic groups.

WHEREAS the Federal Government invests less money in pancreatic cancer research than it does in any other leading cancers.

WHEREAS the good health and well-being of the residents of the Borough of Kenilworth are enhanced as a direct result of increased awareness about pancreatic cancer and research into early detection, causes, and effective treatments.

WHEREAS the Pancreatic Cancer Action Network is the first and only national patient advocacy organization that serves the pancreatic� cancer community in the Borough of Kenilworth and nationwide by focusing its efforts on public policy, research funding, patient services, and public awareness and education related to developing effective treatments and a cure for pancreatic� cancer;

WHEREAS the Pancreatic Cancer Action Network and its affiliates in New Jersey support those patients currently battling pancreatic cancer, as well as to those who have lost their lives to the disease, and are committed to nothing less than a cure.

THEREFORE BE IT RESOLVED that the Mayor�s Office designate the day of November 14^th, 2008 �PANCREATIC CANCER AWARENESS DAY�� in the Borough of Kenilworth.

RESOLUTION NO. 6

WHEREAS, Richard M. Tiemann has been involved in Scouting since he was 6 years old; and

WHEREAS, Richard Tiemann entered Boy Scout Troop 83 in Kenilworth As one of the original Scouts in troop; and

WHEREAS, Richard Tiemann has achieved the rank of Eagle Scout which is the highest rank in Scouting; and

WHEREAS, Richard Tiemann completed all 21 required Merit Badges and a community service project which was the refurbishing of a hiking trail at Watchung Reservation to attain the Eagle Scout rank; and

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WHEREAS, Richard Tiemann is also involved in numerous areas outside of Scouting such as American Tae Kwon Do; SCUBA Diving certification; athletics and CYO activities including working on �Habitat for Humanity� projects each year; and

WHEREAS, Richard Tiemann will be presented his Eagle Award at a Court of Honor on October 26, 2008.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Kenilworth congratulate Richard Tiemann upon attaining the Eagle Scout Rank and also commend his involvement and commitment to the numerous activities in which he is involved.

Proposed Ordinance No. 2008-18 was read for the second and final reading as follows: (Copy appears in minutes of September 24, 2008)

�� 2008-18

ORDINANCE AMENDING CHAPTER 170 and Chapter 91 OF THE CODE

OF THE BOROUGH OF KENILWORTH

Mayor Fiamingo stated this is a second reading of an ordinance that permits street openings.� The previous ordinance prohibited the opening of streets that had been newly paved for a period of five years unless emergency circumstances existed.� Due to the changes in technology that allows the road to be fixed so that it is almost as if you never opened it and the need for various people to do work on the roads for example, convert from oil to gas.� It was suggested by the engineer that we amend our ordinance to permit road openings, provided advanced technologies are utilized in repairing the road once the opening is done.�

The Mayor asked if anyone had a comment on this Ordinance to please step forward, state their name and address for the record.� Seeing no one, the Mayor closed the hearing on Ordinance 2008-18.

RESOLUTION NO. 7

Introduced by Sal Candarella, adoption by same.

Seconded Anthony DeLuca

Be It Hereby Resolved:�� That Proposed Ordinance No. 2008-18, be and the same is hereby passed on second and final reading and ordered published according to law.

Upon roll call, all in favor.

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Proposed Ordinance No. 2008-19 was read for the first reading as follows: (Copy attached)

�� 2008-19

BOND ORDINANCE TO AMEND SECTION 1 OF THE BOND ORDINANCE (ORDINANCE NO 2008-11) ENTITLED: �BOND ORDINANCE TO AUTHORIZE THE UNDERTAKING OF THE 2008 CAPITAL ROAD IMPROVEMENT PROGRAM IN, BY AND FOR THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $692,000 TO PAY THE COST THEREOF, TO APPROPRIATE A STATE GRANT, 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,� ADOPTED JULY 9, 2008.

Mayor Fiamingo stated this is a first reading on a Bond Ordinance that does not change the amount of the bond, it merely permits the inclusion of additional improvements. The Borough was fortunate enough to receive bids for projects that were lower and we were able to include several projects within this one bond amount.

The Mayor said the second reading for this ordinance will be on November 12, 2008 and anyone wishing to comment may do so at that time.

RESOLUTION NO. 8

Introduced by Brian Joho, adoption by same.

Seconded by Toni Sosnosky

Be It Hereby Resolved:�� That Proposed Ordinance No. 2008-19, be and the same is hereby passed on first reading and ordered published for final hearing on November 12, 2008.

Upon roll call, all in favor.

GENERAL BUSINESS�

Mayor Fiamingo reminded everyone that November 11, 2008 is Veterans Day.� The VFW will have an honoring ceremony. She urged everyone to attend.� She said if you see a veteran on the street thank them for their service.

Motion was made by Councilman Pugliese, seconded by Councilwoman Sosnosky to open the meeting to the public.

MEETING OPENED TO THE PUBLIC

Herb Michitsch, Monmouth Avenue � Mr. Michitsch commended Councilman Joho for providing the information on the expenditures.� He asked Councilman Joho to repeat the interest rate. Councilman Joho responded by stating 4.25% for October 2006.� Mr. Michitsch asked what was the bonded amount and Councilman said he did not know at this time.� Mr. Michitsch asked if the EI Associates contract is a public document? Mayor Fiamingo stated that at this time they only have a draft but when it is adopted, yes it will be available.� She said at this time they are in negotiation with EI.� Mr. Michitsch asked if the public will have an opportunity to view the

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contract before it is adopted?� The Mayor said they have not considered that but will take it under consideration.�

Mr.� Pat Guida, 15 North 24^th Street -� Mr. Guida said the Zoning Department helped him out to get 36 inches of his property back.� He said a fence was erected and when the fence was removed the driveway was still about 3 ft. onto his property. He asked if anyone could help him out. The Mayor asked if the property owner that encroached on his property was the Borough? Mr. Guida said no. The Mayor said it is a private legal matter between him and the property owner. Mr. Guida said he had another problem with his business on the Boulevard. He said it took 3 months to open the business between the Zoning Department, the Board of Health Department, the electrical and plumbing departments.� He said he lost a lot of money. He said it took almost 3 months for someone from Union to check his business.� He said someone should have helped him out to open up his business faster.� He said he was told people were underpaid and understaffed and he said that is not his problem.� He said he had to pay rent for 3 months rent before he opened up his business.� The Mayor responded by stating that after she was contacted,� she made a call to see what the problem was.� Her understanding was that there were certain requirements that had not been met. She said she does not know where the breakdown� in communications came from and it was very unfortunate that it took so long. He said all he asked was that the department break everything down for him and no one did.� He said he paid $5,600.00 for rent and was not able to open his store.�

There being no further business to come before the Council it was moved by Councilman Pugliese , seconded by Councilman Joho 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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