Council Minutes from 7/8/2009

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH� HELD ON WEDNESDAY EVENING, JULY 8, 2009.� MAYOR KATHI FIAMINGO 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.

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

The Salute to the Flag was led by Mayor Fiamingo.

MINUTES

It was moved by Councilman Candarella, seconded by Councilwoman Sosnosky, and carried that the minutes of the Work Session Meeting of June 23, 2009 and the Regular Meeting of June 24, 2009 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS:

1. Letter from Michelle Wyss, 543 Newark Avenue, requesting permission for a Block Party on Newark Avenue from South 23^rd Street to South 21^st Street on Saturday, September 19, 2009.

2. Letter received from the Union County Department of Parks and Community Renewal regarding the need to amend the Interlocal Services Agreement to reflect a description of activities for the 2009-2010 fiscal year.� Kenilworth will be receiving the following Community Development Grants:� (1) Senior Citizen Chronic Illness Program=$2,144.; (2) Senior Citizen Program=$8,780. And (3) Senior Citizen Handyman Program=$3,000.

3. A Special Council Meeting will be held on Wednesday, July 22, 2009 for the Hearing and Second Reading of Bond Ordinance No. 2009-15 � 2009 Road Projects.

REPORTS

1. �Police Department Report for the month of June, 2009.

2. Construction Department Report for the month of June, 2009.

3. Borough Clerk�s Report for the month of June, 2009.

4. Fire Department Report for the month of June, 2009.

5. Rahway Valley Sewerage Authority Meeting Minutes of April 16 and Special Meeting of May 16, 2009.

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

REPORT OF COMMITTEES

Mayor Fiamingo stated the Fireworks were a wonderful event. She thanked Cassie Joho and the Pride In Kenilworth Committee for their hard work.� She also thanked all the businesses that were kind and generous in donating their funds so that we could put that event on.� She said, as

Regular Council Meeting Minutes � July 8, 2009�� Page 2

everyone should know, the cost of the fireworks were totally funded by local businesses in town and they did not cost the Borough any money. She added this is an event that we should always have to celebrate our nation�s birthday. She said we should have a little fun and enjoy the fireworks in these difficult times.

The Mayor said on July 1^st she attended the annual Schering Plough �Good Neighbor� breakfast.� She said there was some concern on the internet that there must be something going on with Schering Plough because the Borough was invited over �there. She assured everyone that this is something that Schering Plough does every year. She said they went there to sit and chat with Schering Plough because they are good neighbors to the Borough.� She said they were unable to fill us in on anything that was going on because they do not really know anything at this time but as soon as they know they will let us know so that we can pursue avenues with Merck.�

Mayor Fiamingo stated the Township of Woodbridge sent a letter stating they are hosting New Jersey Senior Olympic Games on September 11th, 12th & 13^th.� There is a fee of $25.00 which must be in before August 28^th.� If anyone is interested they can contact the Senior Program Director.� She said approximately $13,000.00 in grants was received for our Senior Citizens.� She said Kenilworth does not qualify for a lot of the CDG grants because they have to affect lower income seniors or public improvements such as handicap ramps and Kenilworth does not have any of those projects going but we may have some for next year�s grants.� She said we are glad to get these grants so� we can put on the senior programs and use the money to defray the costs.

DEPARTMENT OF FINANCE

Councilman Joho had nothing to report.

DEPARTMENT OF PUBLIC WORKS

Councilwoman Sosnosky reported the DPW crew has been working on curbside brush removal, tree maintenance, picking up trash along the Boulevard business district and most recently, painting the outside wall of the Senior Center that was vandalized with graffiti.� She said Rich Spilner, the Borough�s mechanic, has decided to retire after almost 16 years of service.� This is effective July 1, 2009.

Mayor Fiamingo wished Mr. Spilner luck in the future.

�

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese reported the Kenilworth Police Department has recently lost one of its hardworking officers due to retirement.� Lt. Henry Moll has recently retired.� He congratulated Lt. Moll on his retirement and thanked him for his 30+ years of service. �He wished him good health and much happiness in his retirement in Florida.� He said Union County has been offered a �First Alert Notification Program�.� All residents are being urged to sign up for the Union County First Alert Notification Program.� This is a notification system that informs residents of emergencies of any sort.� This program is offered free of charge to our residents but standard text messaging rates may apply through your carrier.� A letter explaining this program is available in the Police Department and in the Borough Clerk�s Office.� Councilman Pugliese

Regular Council Meeting Minutes � July 8, 2009�� Page 3

reported Tuesday, August 4, 2009 is National Night Out.� He said this is a yearly event where neighbors gather in an informal block-party type setting to speak about issues affecting their neighborhoods.� This night is designed to send a message to the criminal elements from the residents that crime will not be tolerated in the Borough.� Last year National Night Out was an overwhelming success in Kenilworth with many block parties being held throughout our community.� Last year the Mayor, myself and Police Chief Dowd toured these various block parties and were able to speak with the residents and address their concerns.� He said detectives from our Detective Bureau also visited the residents.� He said if anyone is interested in hosting a block party they should call Detective Jim Grady at (908)276-5001 and if he is not able to assist you then call Madam Clerk at (908)276-9090. He encouraged this program because it gets everyone out to enjoy a night out and to show criminals they are not welcome in Kenilworth.� He said the Police Department will be conducting a mini public safety expo on August 3^rd.� He said this is a prelude to National Night Out.� The event will be conducted in the area adjacent to Borough Hall in the parking lot from 6:30 to 9:00 pm.� A host of� public safety related vehicles will be on display including Kenilworth Police Department vehicles, Office of Emergency Management Vehicles, Kenilworth Fire Department & Rescue Squad vehicle as well as Union County Swat vehicles, County Bomb Squad Truck and possibly a mounted County Officer and the Union County Sheriff�s Canine Unit.� There will be many other pieces of equipment and displays.� The Union County Sheriff�s Office will be available to conduct child fingerprinting. He said this promises to be an exciting evening and all residents are invited to attend.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman Candarella reported the Construction Report for the month was in order.� He said the Handyman Program will continue for 2009-2010 budget year.� He congratulated Bob Herbert for passing his Zoning Course on the State level. He said he is certified and has picked up some good education to help our Borough.

DEPARTMENT OF RECREATION AND FIRE

Councilman Leary reported Wednesday, July 15^th is Family Swim Night at the Orange Avenue Pool.� The event starts at 8:00 pm and pizza and drinks will be provided.� The rain date is Thursday, July 16^th.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Klinder reported the Library will host the 8^th Annual Tricky Tray for children and teens on Thursday, August 13^th at Schering Plough.� Also Dining for Donations will continue at Applebee�s and the next date will be July 27^th.

BILLS

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

Regular Council Meeting Minutes � July 8, 2009�� Page 4

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 Klinder.� Upon roll call the vote was unanimous.

Hedy Lipke reported there is a slight change from the agenda.� There was to be second readings on Ordinance�s 2009-12 & 2009-13, however, they will be continued until the Special Meeting on July 22^nd.

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 Municipal Finance Officer be authorized to pay necessary bills prior to the next regularly scheduled Council Meeting on August 26, 2009.

RESOLUTION NO. 3

WHEREAS, Anthony Vaz is the owner of Block 25, lot 10, 330 Monroe Ave, Kenilworth, Union County, NJ, and;

WHEREAS, an overpayment exists on said property for the third quarter of 2008; and

WHEREAS, Anthony Vaz is no longer the owner of said property;

NOW, THERFORE 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 a warrant for refund as stated below.

Block�� Lot�� Payable to:�� Amount

�� 25�� 10�� Anthony Vaz�� $�� 10.98

�� 8D Colfax Manor

�� Roselle Park, NJ�� 07204

RESOLUTION NO. 4

A RESOLUTION AUTHORIZING THE MAYOR AND MUNICIPAL CLERK OF THE MUNICIPALITY OF KENILWORTH TO EXECUTE AN AGREEMENT WITH THE COUNTY OF UNION TO MODIFY THE INTERLOCAL SERVICES AGREEMENT DATED DECEMBER 15, 1974, AS AMENDED

Regular Council Meeting Minutes � July 8, 2009�� Page 5

WHEREAS, certain Federal funds are potentially available to the County of Union under Title 1 of the Housing and Community Development Act of 1974, as amended, commonly known as the Community Development Block Grant Program; and

WHEREAS, certain Federal funds are potentially available to the County of Union under Title II of the National Affordable Housing Act of 1990, commonly known as the HOME Investment Partnership program; and

WHEREAS, it is necessary to amend an existing Interlocal Services Agreement for the County of Union and its people to benefit from this program; and

WHEREAS, it is in the best interest of the Municipality of Kenilworth and the County of Union in cooperation with each other to enter into a modification of the Interlocal Services Agreement pursuant to N.J.S.A. 40:8A-1;

NOW THEREFORE, be it resolved by the Mayor and Governing Body of the Municipality of Kenilworth that the agreement entitled �Agreement to Modify Interlocal Services Agreement dated December 15, 1974, for the Purpose of Inserting a Description of Activities for the Fiscal Year 2009 � 2010 Union County Community Development Block Grant Program, and the Fiscal Year 2009 � 2010 of� HOME Investment Partnership program, a copy of which is also attached hereto; be executed by the Mayor and Municipal Clerk in accordance with the provisions of law;

BE IT FURTHER RESOLVED that this resolution shall take effect immediately upon its adoption.

�� _________________________

Attest: _________________________�� Kathi Fiamingo, Mayor

�� Hedy Lipke, Borough Clerk

RESOLUTON NO. 5

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

WHEREAS, it has been determined that the permit was not required.

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

�� Amount of $65.00 to be refunded to the homeowner who paid the permit.

�� Walter J. Loza

�� 29 Tulip Court

�� Kenilworth, NJ� 07033

�� Block #94, Lot #14�� Permit #08-00440

Regular Council Meeting Minutes � July 8, 2009�� Page 6

RESOLUTION NO. 6

Be It Hereby Resolved:� That the Mayor and Council hereby approve the Settlement Agreement between Kenilworth and the International Brotherhood of Teamsters Local 11 dated June 26, 2009.

RESOLUTION NO. 7

Introduced by Toni Sosnosky who also moved its adoption

Seconded by Councilman Klinder

Be It Hereby Resolved that Proposed Ordinance 2009-12 be continued until July 22, 2009.

Upon roll call all in favor.

RESOLUTION NO. 8

Introduced by Toni Sosnosky who also moved its adoption

Seconded by Scott Klinder

�Be It Hereby Resolved that Proposed Ordinance 2009-13 be continued until July 22, 2009.

Upon roll call all in favor.

Proposed Ordinance No. 2009-14 was read for second reading as follows:� (Copy appears in

Minute�s of June 10, 2009)

ORDINANCE 2009-14

AN ORDINANCE APPROPRIATING $20,000.00 FROM GENERAL CAPITAL SURPLUS FOR REPAIRS TO ACCESS APRON OF FIREHOUSE

Mayor Fiamingo stated this is a second reading on an ordinance which appropriates funds from capital surplus for the repair of the apron of the Fire House.� She said the Fire Chief indicated they are necessary repairs and this was confirmed by our Borough engineer. Mayor Fiamingo opened the hearing to the public for any questions or comments on Proposed Ordinance No. 2009-14.

No one wished to speak.

Mayor Fiamingo closed the hearing on Ordinance 2009-14 to the public

RESOLUTION NO. 9

Introduced by Brian Joho who also moved it adoption

Seconded by Kevin Leary

Be It Hereby Resolved: that Proposed Ordinance 2009-14 be and the same is hereby passed on second and final reading an ordered published according to law.

Upon roll call, all in favor.

Regular Council Meeting Minutes � July 8, 2009�� Page 7

RESOLUTION NO. 10

Introduced by Brian Joho who also moved its adoption

Seconded by Kevin Leary

Be It Hereby Resolved that Proposed Ordinance 2009-15 which is a Bond Ordinance providing for the 2009 Road Projects be continued to a Special Council Meeting on July 22, 2009.

Upon roll call all in favor.

Proposed Ordinance No. 2009-16 was read for second reading as follows:� (Copy appears in

minutes of June 24, 2009)

�� 2009-16

BOND ORDINANCE PROVIDING FOR THE SEWER JET TRUCK FOR THE BOROUGH, APPROPRIATING $245,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $232,750 BONDS AND/OR NOTES OF THE BOROUGH FOR PAYING THE COST THEREOF AND MAKING THE DOWN PAYMENT FOR SAID ACQUISITION, AUTHORIZED TO BE UNDERTAKEN IN AND BY THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, NEW JERSEY

Mayor Fiamingo stated this is a second reading on an ordinance which will allow the Borough to provide the funds for the much needed Sewer Jet Truck for the DPW. Mayor Fiamingo opened the hearing to the public for any questions or comments on Proposed Ordinance No. 2009-16

No one wished to speak.

Mayor Fiamingo closed the hearing on Ordinance 2009-16 to the public

RESOLUTION NO. 11

Introduced by Toni Sosnosky who also moved it adoption

Seconded by Scott Klinder

Be It Hereby Resolved: that Proposed Ordinance 2009-16 be and the same is hereby passed on second and final reading an ordered published according to law.

Upon roll call, all in favor.

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

Bob Beiner, 36 South 24^th Street � Mr. Beiner asked Councilman Joho if anyone contacted Cranford or Roselle Park regarding shared services? �Councilman Joho responded no the Borough is not in any negotiations with any of the surrounding municipalities in regard to merging.� Mr. Beiner said the State of New Jersey is willing to give Kenilworth money to do a

Regular Council Meeting Minutes � July 8, 2009�� Page 8

shared services study and we are not interested? He asked Councilman Joho why is the Borough not interested in doing a study?� Councilman Joho said it is not worth doing a study if we are not going to act on it.� He said if our intent is not to merge municipalities they why would we do a study.� Mr. Beiner said the study was not for merging, it was for shared services.� He said if Fanwood and Scotch Plains did the study to save some money they why wouldn�t Kenilworth. He said Roselle Park is similar to Kenilworth and it would make sense to combine some services. Councilman Joho said if he thought it would make sense we would surely have discussions with these municipalities. He said obviously other municipalities do not think it makes sense because they have not approached Kenilworth.� He said the big ticket departments would be the Fire Department, the Police Department and the DPW and we are not looking to merge those departments with other surrounding municipalities. He said to use the grant money just to spend money on a study that we would not use is not right.� Mayor Fiamingo stated that the Borough looked into this several years ago when she was on council. She said to spend money on a feasibility study when all you do is have to talk to these people is a waste.� She said the State is spending all this money on feasibility studies. She said the State is really looking to merge towns.� Mr. Beiner said he is not for merging towns because why would the town with the lowest� property taxes in the County merge with someone else.� He said that we should have at least did the study to see if we could save money.� He said the State gave Scotch Plains, which is one the richest municipalities in the State of New Jersey, $47,000.00 for the study.� The Mayor said Ms. Mahr, who is the Mayor in Fanwood, is also the President of the New Jersey Mayor�s Association a great lady, a good Mayor and does a great job but she also has some connections out there.� She also said Fanwood is one of the smaller communities and it makes sense for them to do the study.� She said she does not know why they would have 16 police officers. �Mr. Beiner said he thinks things are going to get worse and the Mayor said she is hoping things will get better.� Mr. Beiner asked what will be the cost of RVSA in 2015? The Mayor responded that RVSA will probably be cheaper in 2015 than it is now. Mr. Beiner said we don�t know what will happen with the Schering Plough situation.� Mr. Beiner said he thinks it was worth a call to Cranford and Roselle Park regarding the study.� The Mayor said those calls can be made without spending $47,000.00 on a feasibility study.� She said something may be feasible but it may not be workable.� She said we have had those discussions before.�

Mr. John Bury, 417 North 15^th Street � Mr. Bury asked if the police officer was going to be replaced?� The Mayor responded not this week.� She said they have not discussed the replacement of the police officer.� Mr. Bury asked what is the $47,000.00 for?� The Mayor said Mr. Beiner was talking about Scotch Plains and Fanwood doing a feasibility study for shared services with a grant for $47,000.00. Mr. Bury asked if Schering Plough would be moving within the next two or three years?� The Mayor said she does not know what is going on with the merger but the likelihood is that the facility will be maintained.� She said how many employees will be downsized is unknown.� She said they have not made their final determination as they are still doing their reviews.� Mr. Bury asked roughly how much does Schering Plough pay in taxes?� �The Mayor said somewhere near 25% of the total budget. Mr. Bury said he did a study that compared taxes on a municipal level and Kenilworth beat out three others as far as small towns in Union County. Mr. Bury gave the Mayor of copy of the study. The asked Mr. Bury his profession. Mr. Bury replied he is an actuary.

Regular Council Meeting Minutes � July 8, 2009�� Page 9

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

GENERAL BUSINESS

Councilman Joho said the fireworks were a great event. He said he enjoyed seeing a large crowd and it was a nice community event and hopes to keep that tradition up.

Councilman Pugliese said he hoped residents in town will organize block parties for National Night Out.� He said last year they had about six or seven block parties.� The parties were on Via Vitale, North 16^th Street, North 11^th, Cross Street, Clinton Avenue and Commonwealth Drive and hopefully we will double that amount.� There were two on the south side of town and four on the north side of town.� The goal is to have at least 10 parties this year.� If you are interested in getting your neighbors together, contact Detective Grady or Hedy Lipke.� The Mayor said the block parties were a lot of fun and the neighbors enjoyed getting together with one another.� She said people are so busy these days that people don�t get a chance to sit and chat with their neighbors and this provides an opportunity to do that. She said some of the parties were sophisticated but they do not need to be, you can just have coffee and cake.� The Mayor congratulated Lt. Moll on his retirement after 30 years on the force.� She also congratulated Rich Spilner.

ADJOURNMENT

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.

8:30 P.M.�� Respectfully submitted,

�� Hedy Lipke, Borough Clerk��

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