Council Minutes from 5/27/2009

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH� HELD ON WEDNESDAY EVENING, MAY 27, 2009.� IT BEING �YOUTH IN GOVERNMENT DAY�, ACTING� MAYOR MEGGIE DILLON� PRESIDED.

ROLL CALL

Roll Call at 8:00 P.M. showed the following Council Members present: Sal Candarella, Brian Joho, Scott Klinder, Kevin Leary, Jr., Fred Pugliese and Toni Sosnosky.�

Acting Mayor Dillon read the requirements of the Open Public Meetings Act.

The Salute to the Flag was led by Acting Mayor Dillon.

MINUTES

It was moved by Acting Council Person Monique Krakowski, seconded by Acting Council Person Joshua Curtin, and carried that the minutes of the Work Session Meeting of May 12, 2009 and the Regular Meeting of May 13, 2009 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS:

1. �Resolution received from the Kenilworth Board of Education approving the use of school grounds for our Fireworks Display on Sunday, June 28, 2009.

2. Letter from Gertrude Woods, 210 North 20^th Street, citing a dangerous sidewalk problem from tree roots.

It was moved by Acting Council Person Steven DelPiano, seconded by Acting Council Person Tommy Bandeira �and carried that the above communications be received and filed and any money amounts indicated be spread over the minutes.

REPORT OF COMMITTEES

Acting Mayor Meggie Dillon read the following.

This past weekend was Memorial Day � the day that we take time to remember those brave servicemen and women who have lost their lives in defense of our country.� The VFW held their annual Memorial Day services on Monday.� I am happy to report that there was an extremely good turnout of people attending the services which are always very impressive.

In addition to remembering those members of the armed forces who have died defending our freedoms, we should remember those who are currently serving around the world, especially in Iraq and �Afghanistan.

We will be holding our annual Independence Day fireworks on Sunday, June 28, 2009 at the David Brearley High School field.� Many thanks to the Board of Education, the Fire Department, the Police Department and the DPW.� Without all of their help we

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could not hold this fun event.� The fireworks will set off at dusk, about 9:00 p.m.� There will be a food vendor and other vendors about an hour before the fireworks begin.

The borough�s subdivision of the so called girl scout property will be before the Planning Board tomorrow night.� As we have explained before, the proceeds from the sale of the property will be used to reduce the tax levy.� Once the subdivision is completed, an auction will be held to sell the property to the highest bidders.

Finally, I would like to report that the County Superintendent of schools has requested that I sit on a county-wide committee for the purpose of exploring educational cost efficiencies.� I will be attending a county wide meeting on June 15^th.

DEPARTMENT OF FINANCE

Acting Councilperson Tommy Bandeira read the following.

The Finance Committee would like to report that the Third Quarter 2009 Estimated Tax Bills are expected to be mailed during June. Residents will notice an overall� 25 cent increase in their Tax Rate, 13.5 cents� is attributable to the municipal portion of the budget. For a home with an average assessed value of $175,000.00, the increase from the 2nd quarter's bill will be $221.88.� The overall yearly increase is $442.75

The estimated tax bill does not take into account the proceeds from the planned land sale of the "Girl Scout Property" or any Extraordinary State Aid, for which we have submitted our application.

In a recently published survey by the National Association for Business Economics, 74 percent of the economic� forecasters expect the current recession, which started in December 2007 and is the longest since World War II, to end in the third quarter of this year, another� 19 percent predicted the turning point during the fourth quarter - overall, 93 percent predict the end of the recession this year.� However, the general feeling is the recovery will be slow once we hit the turning point.

DEPARTMENT OF PUBLIC WORKS

Acting Councilperson Maureen Furlong read the following.

The men have been working on curbside brush pick-up, picking up garbage along the

Boulevard business district, filling pot holes, cleaning the inside of storm water catch-

basins, maintenance of sanitary sewers, and landscaping Borough properties and

parks.

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1. �Walter Krieck finished repairing the fence at the library.� He also straightened the shed in the back of the library.

2. Joe Kania, Borough mason, installed a new water fountain at DiMario Park.� We are going to paint the building next week.

3. A large tree limb fell onto the wires on North 22^nd Street on the side of St. Theresa�s School.� Astone Tree Service was called.� Astone determined that the job was too hazardous for his crew so we had to call PSE&G.� PSE&G removed the limb and we cleaned up what was left the next morning.

4. The Department will be starting line striping next week, weather permitting.

DEPARTMENT OF PUBLIC SAFETY

Acting Councilperson Gina Milazzo read the following.

Helmet use while biking can reduce the risk of head injury by 85% and severe brain

injury by 88%.� It is estimated that 75% of fatal head injuries among child bicyclists

could have been� prevented with a bike helmet.� The estimated annual cost of bicycle

related injuries and deaths, for all ages, are eight billion dollars.

�Think Positive� is a positive reinforcement program that rewards children on bikes who

wear helmets. When a Kenilworth Traffic Safety Officer sees a child on a bike with a

helmet, he gives the child a "ticket" to redeem for one slice of pizza at Greco Roma.

Children without helmets will be provided a helmet, if needed, by the Traffic Officer.

Please join with the Kenilworth Police Department in preventing brain injury in children

and making this program a success.

Lastly children should keep in mind that the crossing guards that are placed at high

volume intersections are there for their safety.� And that if at all possible they should

cross the street where a guard is located. And most importantly they should obey the

commands of the crossing guards.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Acting Councilperson Steven Del Piano read the following.

The Master Plan committee had a meeting last week. The committee is comprised of 2 council members, 2 Planning Board Members and 3 members of the public along with our NJ State certified Planner and Engineer.� The Master plan is a large document

that all municipalities are required to have and update every 6 years. This Document is developed for the Welfare of the people who live work and are eructated in our borough.

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The Master Plan not only determines where buildings are located and what they are used for but also considers the physical, economic and social development of the

community.� The committee and it�s professionals draft the document. Mayor and

council, many borough organizations and the public will all have a chance to review and suggest changes.� The committee accumulates all the thoughts and returns �back to discuss what they heard and make any revisions to the plan. The Plan then gets presented to the Planning Board to review, discuss and finally adopt. This Document

will then be used for the next 6 years to guide the development and redevelopment of our Borough.

The Construction department has been busy� this spring, many residents have been updating their bathrooms renovating their kitchens or building a deck, Jerry and his staff of inspectors have been ensuring that the work is up� to code.

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The Planning board is also busy, we have a full agenda this month. I would like to congratulate our Zoning Officer Bob Herbert �he took the initiative to enroll and pass several courses that will help him understand and better perform his duties as the zoning officer of our borough. Congratulations BOB!

DEPARTMENT OF RECREATION AND FIRE

Acting Council person Joshua Curtin read the following.

Friday, June 12 is movie night at Brearley Football Field. Pop Warner will be selling

food and refreshments. The movie will start at approximately 9pm.

Wednesday, July 15 starting at 8pm is Family Swim Night. It will be held at the Orange

Avenue Pool in Cranford. Pizza and soda will be served. The rain date is Thursday, July

16.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Acting Council person Monique Krakowski read the following

There will be a Municipal Rabies Clinic in the Fall. The Health Fair has been scheduled for Saturday, September 26th.

The library will be hosting the following events:

1. ��An open house on Saturday, May 30 from 10:00 Am to 12:00 noon, during which there will be a ribbon cutting event for the new elevator.� There will also be demonstrations, and a plaque unveiling for the new early childhood computer. Refreshments will be served and a balloon artist will be on hand.

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2. �On Tuesday June 2 cookbook author Maria Liberti will do a program on the culture of Italian cooking.

BOROUGH ATTORNEY�S REPORT

Acting Borough Attorney Molly Dillon read the following.

As Borough Attorney, I am responsible for the legal needs of the Borough.� All day to day legal issues are my responsibilities as well as overseeing legal matters that are forwarded from other law firms. Just like the federal government and the state government have laws, municipalities have laws known as ordinances.� As Borough Attorney, I review, revise and prepare ordinances. Whenever the Council members and Mayor vote on a matter that is not an ordinance but still involves matters involving of the Borough, it is memorialized in a written document called a resolution.� As Borough Attorney, I am an appointed official who gets voted in by the Mayor and Council.� I must take an oath upon accepting the position.� The position is for a one-year period and can be renewed from year to year.

POLICE CHIEF�S REPORT

Acting Police Chief Gina Milazzo read the following report.

I am happy to report that the Borough will be receiving two new solar powered flashing pedestrian crossing signs, valued at over $3,000. each, for the Boulevard from the County of Union. They had previously loaned us� two of these signs, but needed them back for another town. A request was then made by me to the County Traffic and Engineering Department for the possibility of them installing permanent flashing pedestrian crossing signs, one at each end of the business district. After a pedestrian crossing� study was completed by the County in the center of town, they granted our request.

A meeting is scheduled this week between the County Traffic/Engineering� Dept. and the Police Department to finalize the plans for the signs. Some existing signs will have to be removed or their locations changed because they will conflict with the new signs. These signs will hopefully make motorists more aware of the numerous people that cross the Boulevard in the center of town and with this increased awareness, increased safety should occur.

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FIRE CHIEF�S REPORT

Acting Fire Chief Justin George read the following report:

The following is Fire Chief Giordino�s Report for the month of April.� The Fire Department responded to the following calls:

10 Fire alarms

2�� Smoke Conditions

1�� Oven Fire

2�� Natural Gas Leaks

1�� Water Flow Alarm

2�� Haz Mat Incidents

3�� Down Power Lines

5�� Motor Vehicle Accidents

2�� CPR jobs

3�� Lift Assists

1�� Good Intent Call

1�� Mutual Aid to Roselle Park for Structure Fire on Westfield Avenue

1�� Mutual Aid Responses to Cranford

1�� Mutual Aid to Clark

1�� Mutual Aid to Springfield

The Fire Department also had Training Sessions that consisted of:

62� manhours� at Fire Headquarters

18� man hours at FDNY training facility Randalls Island, NY

155 manhours at live burn at the Union Fire Academy

Work Details consisted of:

55�� manhours for building maintenance

24�� manhours for vehicle maintenance

130� manhours were utilized at the Fire Department open house.

65�� manhours were utilized for Scoop Night at Baskin Robbins for the benefit of the ��National Fallen Firefighters Foundation.

TOTAL MANHOURS FOR FIRE DEPARTMENT FOR THE MONTH OF APRIL�� 795

TOTAL MILEAGE FOR FIRE DEPARTMENT FOR MONTH OF APRIL�� 482

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TREASURER�S REPORT

Acting Treasurer Maureen Furlong read the following.

The Treasurer is responsible for the Borough's finances. This includes monitoring all purchases made by the various departments, certifying that there is money to pay for those purchases, then submitting the list of bills to the Mayor and Council to get approval to pay the bills. Once the Mayor and Council approve the bills, the checks are printed, the Mayor and Treasurer sign the checks, and then they are mailed to the vendors. The most important job the Treasurer does is to prepare the budget for the Borough each year. The Treasurer also oversees the payroll department and monitors all the bank accounts.

BILLS

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

CONSENT AGENDA

Resolutions No. 1 thru 9 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 Leary.� Upon roll call the vote was unanimous.

ORDINANCES AND RESOLUTIONS

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 attached list of the Kenilworth Volunteer Fire Department/Rescue Squad members be granted an expense allowance in accordance with the report submitted by Fire Chief Lewis Giordino, in the aggregate amount of $53,253.44.

RESOLUTION NO. 3

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

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WHEREAS, it has been determined by Mayor and council that the fees should be waived.

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

�� Amount of $100.00 to be refunded to:

�� St. Theresa Church

�� 541 Washington Avenue

�� Kenilworth, NJ� 07033

�� Block 83, Lot 15

�� Sidewalk Permit #5-7

RESOLUTION NO. 4

WHEREAS, Dr. Lloyd Leschuk has served as Superintendent of Kenilworth Schools since 1992; and

WHEREAS, Dr. Leschuk is retiring as Superintendent after seventeen years of service; and

WHEREAS, Dr. Leschuk, as Superintendent, was involved in the dissolution of the Union County Regional High School District and the successful establishment of a local independent Pre-K through 12 school district; and

WHEREAS, Dr. Leschuk, during his tenure, established numerous new programs and services designed to meet the needs of the school district, students and the community; and

WHEREAS, Dr. Leschuk has been an active member of the Kenilworth Public Library Board of Trustees and the Kenilworth Rotary Club; and

WHEREAS, Dr. Leschuk has, over the years, endeavored to enhance the Kenilworth School District and involve the community as a whole.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Kenilworth commend Dr. Leschuk for his seventeen years of exemplary service to the Kenilworth School District and the community and wish him health and happiness in his retirement.

RESOLUTION NO. 5

Be It Hereby Resolved:� That Resolution No. 8, dated May 13, 2009, be amended to give authorization to the Mayor, on behalf of the Borough of Kenilworth to submit an Application for Major Sub-Division of Block 15, Lot 5, 339 North 18^th Street to the Kenilworth Planning Board.

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RESOLUTION NO. 6

Be It Hereby Resolved:� That the contract for renewal of the Maintenance of the Emergency Generator at the Lafayette Pump Station be awarded to Cummins Metropower Co. for a (1) year period from May, 2009 to April 30, 2010 at a cost of $2,510.00 as per the proposal submitted.

RESOLUTION NO. 7

WHEREAS, it is anticipated that the Borough of Kenilworth will not be able to adopt its budget sufficiently in advance of the third quarter tax due date of August 1, 2009; and

WHEREAS, the Borough of Kenilworth has determined that there will be insufficient cash flow to support operations in late July without third quarter revenue being received on time;

NOW, THEREFORE BE IT RESOLVED by the Governing Body of the Borough of� Kenilworth as follows:

The Tax Collector be and is hereby directed to take all necessary steps to send out��

estimated bills for the third quarter 2009 in accordance with the provisions of

NJSA 54:4-66.2 et seq.

That the Chief Financial Officer has reviewed the permissible tax levy range and

found the range should be set at 1.075% of the previous year�s tax levy. (2008 Tax Levy $31,074,235.28 x 1.075% = $33,404,802.92 or a tax rate of $3.79)

That the Tax Collector take any and all additional steps to implement the substance of this resolution.

RESOLUTION NO.8

WHEREAS, the Mayor and Council of the Borough of Kenilworth advertised on April 30, 2009 and received two (2) bids for On Call Services-Roadway Assistance on May 13, 2009 at 10:00 AM, and;

WHEREAS, the magnitude of the work is such that the Borough of Kenilworth reserves the right to select more than one bidder to ensure ample coverage for the work to be performed, and;

WHEREAS, Denbar Construction, 711 Monmouth Ave., Kenilworth, New Jersey 07033 and S. Brothers, Inc., P.O. Box 317, South River, New Jersey 08882 were the lowest responsible bidders proposing unit prices as per the attached schedule, and;

WHEREAS, the Borough Engineer has reviewed all the documents required by the big specifications and recommends awarding contracts to Denbar Construction and S. Brothers, Inc. for each work order as necessary at the unit prices as per the attached schedule;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Kenilworth that it does hereby award contracts to Denbar Construction and S. Brothers, Inc. at the unit prices listed.

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RESOLUTION NO. 9

WHEREAS,� students of both grade schools in the Borough of Kenilworth have spent a full day actively participating in the local government of the municipality in all its branches; and

WHEREAS,� this program has furthered good citizenship and has enlightened the participating students in the actual workings of municipal government and the respective duties and responsibilities of municipal officials, employees and bodies, in a manner that should leave a lasting impression upon them because of their personal participation; and

WHEREAS,� the Governing Body of the Borough of Kenilworth has welcomed and enjoyed the experience of this so-called �Youth In Government Day� as a means of an education in municipal government and in the furtherance of good citizenship of the men and women of tomorrow whose place it will be to carry on our local government in a free society;

NOW, THEREFORE, BE IT RESOLVED� that this Governing Body go on record as favoring the continued participation of the youth of our municipality in the local government and in their�

continued interest therein and that the participants and the participating schools be commended for their efforts in bringing about this program for the benefit of the young people in our municipality.

Motion was made by Councilman Klinder and seconded by Councilman Candarella to open the meeting to the public.� All in favor.

MEETING OPENED TO THE PUBLIC

No one wished to speak.

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

GENERAL BUSINESS

The Mayor said this is her favorite meeting of the year because the children do the work.� She said the children did a great job. She said the kids had a nice lunch today at Schering Plough and also had a tour of the Police Department.��

The Mayor reiterated that the Fire Works will be Sunday, June 28^th and the rain date is July 5^th at David Brearley High School.� She said the open house at the library will begin at 10:00 am and there will be a lot of events including the opening of the children�s computer room as well as the ribbon cutting for the new elevator at 11:30.

The Mayor asked for a moment of silence for former councilman Richard Brady who passed away.� She said he was a councilman in the early nineties. She said his viewing is on Friday and the funeral is on Saturday.

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RESENTATION

The Mayor presented each of the students with a gavel engraved with their name and �Kenilworth Youth In Government Day�.

ADJOURNMENT

There being no further business to come before the Council it was moved by Acting Councilman Steven Del Piano, seconded by Acting Councilwoman Maureen Furlong and carried, that the meeting be adjourned to the call of the chair. All in favor.

8:25 P.M.�� Respectfully submitted,

�� Hedy Lipke, Borough Clerk��

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