Council Minutes from 9/9/2009

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH� HELD ON WEDNESDAY EVENING, SEPTEMBER 9, 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 Joho, seconded by Councilman Klinder, and carried that the minutes of the Work Session Meeting of August 25, 2009 and the Regular Meeting of August 26, 2009, be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

HEARING ON 2009 MUNICIPAL BUDGET AMENDMENT

Motion was made by Councilman Candarella, seconded by Councilman Joho to open the meeting to the public on the 2009 Municipal Budget Amendment. All in favor.

The Mayor said the budget amendment utilizes $547,000.00 of the proceeds from the auction of the girl scout property to reduce the tax levy.� Another $359,000.00 was used to pay down the pension contribution so that we do not have to pay the interest.� We also had $600,000.00 more or less to utilize for next year�s budget.� She said the Borough has reduced the 2009 tax rate by 7 points and the increase has been reduced to $120.00.��

The Mayor stated if anyone has comments relative to the 2009 Municipal Budget Amendment to please step forward and state their name and address for the record.

Herb Michitsch, Monmouth Avenue � Mr. Michitsch asked how many points did the Borough drop, from where to where?� Councilman Joho said the municipal portion was just over 13.1 and dropped to just over 6.42 for $122.00 per average assessed home.� He said residents will see the difference in the 4^th Quarter Tax bill. Mr. Michitsch asked what was the overall increase?�� The Mayor said, assuming that it is approved by the County, it would be $325.00 of which $133.00 is from the school and approximately $72.00 from the County and the Open Space tax.� She said the municipal portion is a little under $121.00 and the rest goes to the school and the County. She said the increases for the County would be $70.00, the Open Space tax is $1.75, the school is $133.00 and the local is $120.75. He asked if they increased the average home to $175,000.00?� The Mayor said yes the average home is assessed at $175,000.00.� Mr. Michitsch said it used to be $165,000.00.� Mr. Michitsch said he thought the Borough received 1.76 million dollars from the sale of the Girl Scout property.� The Mayor said it was 1.54 million.� Mr. Michitsch asked how much of the sale was used to offset the budget?� The Mayor replied $547,000.00 but we used $359,000.00 to pay down the pension contribution, which was not in the budget, because we were looking to go with the waiver and defer it into the future along with the 8% interest.� She said rather than defer the payment we decided to pay the pension bill and not pay the interest.�

Regular Council Meeting � September 9, 2009�� Page 2

No one else desiring to be heard a motion was made by Councilman Candarella, seconded by Councilman Pugliese to close the hearing on the 2009 Municipal Budget Amendment.

COMMUNICATIONS AND PETITIONS:

1. Letter from Cynthia Jankiewicz, 521 Richfield Avenue, requesting permission for a Block Party on Richfield Avenue on Saturday, September 19, 2009.

2. Letter from Debbie Paster, 78 Pembrook Drive, requesting permission for a Block Party on Pembrook Drive on Friday, September 18^th from 5 P.M. to 8 P.M.

3. Notice from Columbus Parade Association of Union County announcing their Columbus Day Celebration on Sunday, October 11, 2009.

4. The Borough 9-11 Memorial Ceremony will be held on Friday, September 11^th in front of Borough Hall.

5. Invitation from the Union County Freeholders to attend their �POW/MIA Remembrance Day Ceremony� on Friday, September 18^th at 11:15 in front of the Courthouse.

6. The regular Council Meeting scheduled for Wednesday, November 11^th has been changed to Thursday, November 12, 2009.

REPORTS

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

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

3. Borough Clerk�s Report for the month of August, 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 reported the Borough will have a brief ceremony in front of Borough Hall at 7:00 on September 11^th. �She encouraged everyone to attend and keep the memory of those who died on September 11^th very much in the forefront of their memories.� The Mayor received a notice that the Red Ribbon Drug Awareness festivities will be held on October 17^th.� They will begin at the David Brearley High School parking lot and they will march to Nomahegan Park where there will be a day of events from 11:00 am to 4:00 pm.� In the event of rain the event will be held on October 24^th.� The Mayor announced that the Cranford Lincoln Apartments, which is a senior citizen affordable housing development in Cranford, is accepting waiting list applications from September 21^st to October 30^th.� Applicants must be 62 years or older and meet certain regulations and have certain maximum annual income requirements.� She said there are flyers at Borough Hall and at the Senior Citizen�s building for anyone who has an interest in affordable senior citizen housing.� She said she hates to see anyone leave our Borough but if it is something they are interested in, then we are happy to provide the information.� She said you must have your application in no earlier than September 21 and no later than October 30^th.

��

Regular Council Meeting � September 9, 2009�� Page 3

The Mayor said according to our Welfare Director, Paulette Drogan the Federal Government has notified the State that they expect 30,000 individuals to come off the unemployment rolls.� They will not come off because they got employment but because unemployment benefits are running out. She said they are expecting another 10,000 each month for the next 3 months.� She said that is very disturbing for the State of New Jersey.� She asked if at all possible to please contribute to the Kenilworth Community Fund.� The Welfare Director said many of these people do not qualify for welfare or other benefits but they need something to tide them over.

DEPARTMENT OF FINANCE

Councilman Joho stated the Mayor and Council received the audit report from the auditors and the corrective action plan report from the Finance Officer for the year ending December 31, 2008.� He said there were only two recommendations and they were immediately addressed.� He congratulated Nancy Nichols and the Finance Department for the favorable review.�

DEPARTMENT OF PUBLIC WORKS

Councilwoman Sosnosky reported the DPW crew members have finished painting all the crosswalks and stop bars and are currently working on the yellow curbs.� The new sanitation truck was put into service last week.

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese reported on two events that took place during the week of National Night Out.� He said there was a Mini Police Expo in the Borough Parking lot.� He said there were many programs such as the K-9 Unit from the Union County Sheriff�s Department, a mounted horse, the DARE Program and many other programs by �local and municipal police authorities.� They also had a hotdog stand that was operated by the Kenilworth PBA.� He thanked Detective Anthony Giacalone, and Jim Grady for an excellent job of organizing the event.� Also on August 4^th was National Night Out.� He said he along with the Mayor and Police Chief Dowd attended the block parties which were well attended. Councilman Pugliese said he received two letters commending four police officers on their recent actions.� The first was a letter from Wendy Wright who is a paramedic and along with one of her partners responded to a request for assistance in Kenilworth where Officer Grady and Sgt. Zimmerman also provided assistance.� He read a paragraph from the letter �I would like to commend your officers on their professionalism and how well they reflect the management of your department.� The outstanding service did much to assist me during a very stressful incident.� The fact that I was so relieved to see the 2 of them speaks highly of not only their training and confidence but their dedication to building and maintaining interagency relationships and serving the public�.� He also received another letter from State Police Officer Major Kevin E. Burke, who is the Troop E Commander who praised Officer Robert Cox and Christopher Bryson who responded to a request for assistance on August 19^th at 11:16 PM.�� These officers represented the department in a commendable fashion.� �

Regular Council Meeting � September 9, 2009�� Page 4

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman Candarella reported the Construction Report was in order.

DEPARTMENT OF RECREATION AND FIRE

Councilman Leary had nothing to report.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Klinder reported the Health Fair is scheduled for September 26,^,2009 at Schering Plough Corporation from 9 am to 12 pm.� Flu Shots will be given out on September 30, 2009 at the Senior Citizen Building from 9 am to 12 pm.� High risk groups are encouraged to attend.

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 Candarella moved that all items under Consent Agenda be approved, seconded by Councilman Pugliese.� Upon roll call the vote was unanimous.

ORDINANCES AND RESOLUTIONS

RESOLUTION NO. 1

WHEREAS, the local municipal budget for the year 2009 was approved on September 9, 2009; and

WHEREAS, the public hearing on said budget has been held as advertised, and

WHEREAS, it is desired to amend said approved budget,

NOW, THEREFORE BE IT RESOLVED, by the Governing Body of the BOROUGH OF KENILWORTH, Union County, that the following amendments to the approved budget of 2009 be made:

Roll Call Vote:� Candarella, yes, Joho, yes, Klinder, yes, Leary yes, Pugliese yes and Sosnosky yes.��

Regular Council Meeting � September 9, 2009�� Page 5

RESOLUTION NO. 2

Be It Hereby Resolved:�� That all bills be paid when properly audited and funds are available

RESOLUTION NO. 3

Be It Hereby Resolved:�� That the 2008 Audit Corrective Action Plan submitted by the Finance

Officer of the Borough of Kenilworth as attached, be and the same is hereby approved; and

Be It Further Resolved that a certified copy of the 2008 Corrective Action Plan be sent to the

Division of Local Government Services.

2008 Corrective Action Plan

Recommendation:�� That the surety bond for the tax collector be increased to the minimum required by statute.

Analysis:�� The bond was not increased to meet statutory requirements

Corrective Action:�� The bond has been increased to the appropriate level.

�� ****

Recommendation:�� That prior to the payment of vouchers, they should be reviewed for all of the required signatures.

Analysis�� There are times that a Council person is not available to sign vouchers for over a month or department head is on vacation.� In an effort to pay on a timely basis, we don�t get all signatures

Corrective Action:�� The vouchers are checked by two people for all signatures prior to payment.

RESOLUTION NO. 4

WHEREAS, the Governing Body of the Borough of Kenilworth is aware that Friday, September 18, 2009 has been declared as �POW/MIA Remembrance Day�; and

WHEREAS, all Americans everywhere owe a special debt of gratitude and a responsibility for remembering and honoring those who have given so much to make all of us free and secure in this, our national homeland, and a recognition day is a fitting testament and remembrance for all of us, for the sacrifices of our POW/MIA Veterans; and

WHEREAS, in honor of this special day, a ceremony will be held in front of Union County Courthouse, Broad Street, Elizabeth, New Jersey on September 18, 2009 at 11:15 a.m.:

Regular Council Meeting � September 9, 2009�� Page 6

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Kenilworth that it hereby declares, Friday, September 18, 2009 as:

�� POW/MIA REMEMBRANCE DAY�

�� in the Borough of Kenilworth and urges all citizens of the Borough to make a special effort to give thanks and to remember the sacrifices rendered to us by these noble sons and daughters of America; and

BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to all Union County Veterans Post, Union County Legislators and Union County Mayors.

RESOLUTION NO. 5

BE IT HEREBY RESOLVED:� That the Borough Engineers, Grotto Engineering Associates be authorized to use $200,000 from unexpended 2007 and 2008 Capital Ordinances for various On-Call Roadway Projects.

RESOLUTON NO. 6

BOROUGH OF KENILWORTH

COUNTY OF UNION

STATE OF NEW JERSEY

A RESOLUTION�� to adopt the provisions of Chapter 88, P.L. 19974, as amended to Chapter 436, P.L.1981, to permit local public employers to pay the premium charges for certain eligible pensioners and their spouses and to reimburse Part B Medicare premiums for such retirees and their spouses covered by the New Jersey Health Benefits Program.

BE IT RESOLVED:

1.�� The Borough of Kenilworth, Union County, New Jersey

�� Hereby elects to adopt the provisions of Chapter 88, P.L., 1974 and adhere to the rules and regulations promulgated by the State Health Benefits Commission to implement the provision of the law.� We hereby acknowledge that the rules and regulations of the State Health Benefits Commission established that Chapter 88, P.L., 1974 does:

�� a.�� apply to all eligible current and future pensioners of the employer and their dependents,

�� b.�� continue as long as the State is paying the cost of its eligible pensioners and their dependents in accordance with the provision of Chapter 75, P.L. 1972.

�� c.�� provide for local employer reimbursement of Federal Medicare Part B premiums for eligible pensioners and/or their spouses as well as the payment of health insurance premiums required by the program on a basis comparable to the reimbursement made by the State to its eligible pensioners and their spouses in accordance with the provisions of Chapter 75, P.L. 1972, and

�� d.�� require the local employer to pay the full cost of such premiums up to the cost of the plan adopted by the employee.

2�� We elect to adopt Chapter 436, P.L. 1981, which extends the provisions of Chapter 88 to surviving spouses of eligible retirees.

Regular Council Meeting � September 9, 2009�� Page 7

3.�� We hereby agree to pay the premium or periodic charges for the benefits provided to all eligible retired employees and their dependents covered under the program, including surviving spouses. We also adopted Chapter 436, P.L. 1981, as amended.� If such employees retired from a State or locally administered retirement system on a benefit based on 25 years or more of service credited in such retirement system, excepting the employees who elected deferred retirement but including the employees who retired on disability pensions based on fewer years of service credited in such retirement system.� We also agree to reimburse such retired

Employee�s for their premium charges under Part B of the Federal Medicare Program covering the retired employees and spouses in accordance with the regulations of the State Health Benefits Commission.

4.�� This resolution shall provide for an effective date not earlier than the first day of the month at least 90 days following receipt of such resolution by the Health Benefits Bureau in the State Division of Pensions and Benefits.

DATE: September 9, 2009�� ________________________

�� HEDY LIPKE, Borough Clerk

I hereby certify that the foregoing is a true and correct copy

of a resolution duly adopted by the

BOROUGH OF KENILWORTH�� 567 BOULEVARD

CORPORATE NAME OF EMPLOYER�� ADDRESS

On the 9^TH day of September, 2009�� KENILWORTH,NEW JERSEY

HEDY LIPKE, BOROUGH CLERK �� 908-276-9090� ��

Proposed Ordinance No. 2009-18 was read for a first reading as follows:� (Copy attached)

�� ORDINANCE NO. 2009-18

�� AN ORDINANCE AMENDING ORDINANCE NO. 2006-17 PROVIDING FOR COMPENSATION FOR BOROUGH EMPLOYEES OF THE BOROUGH OF KENILWORTH

Mayor Fiamingo stated this Ordinance that we do every year to extend the ranges for salaries and compensation payable to our employees.� The second reading will be on October 14^th at which time the public will be invited to speak.

RESOLUTION NO. 7

Introduced by Brian Joho, adoption moved by same.

Seconded by Fred Pugliese

Be It Hereby Resolved: that Proposed Ordinance No. 2009-18 be and the same is hereby passed on first reading and ordered published for final hearing on October 14, 2009.

Regular Council Meeting � September 9, 2009�� Page 8

Roll Call vote:� Candarella voted yes, Joho voted yes, Klinder voted no, Leary voted yes, Pugliese voted yes, Sosnosky voted no. �Vote 4 �yes�; 2 �no�.

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

MEETING OPEN TO THE PUBLIC

Mayor Fiamingo asked anyone who had anything to say for the good and welfare of the Borough to please step forward and state their name and address for the record.� The Mayor asked the public to limit their comments to five minutes

Bob Beiner, 36 South 24^th Street � Mr. Beiner asked if the Borough was going to incur overtime expenses for the Octoberfest?� He said a couple of months ago Councilman Joho said there would be no non-essential overtime.� He said the Octoberfest is non-essential.� The Mayor said this is the public portion of the meeting and the public can make statements but there should not be a back and forth discussion. She said the Octoberfest is not nonessential.� She said if she recalls correctly, the Borough was criticized last year for not having the event and she is a little confused as to his position. She said it is a public event that promotes the Borough and she does not consider it nonessential.� She said the overtime costs have been calculated in the budget and she and the Council believe that it is an event that should be held to promote the Borough.� Mr. Beiner said the Borough is selling land, crying poverty and then spending money on overtime for an Octoberfest.� The Mayor said it will also bring in revenue, which may or may not be enough to cover the overtime but we hope that it will.�

Herb Michitsch asked how the Borough arrived at $175,000 for the average assessed home?� The Mayor said the County comes up with the average assessed value of homes within the County because that is how they assess us for County taxes.� The Mayor said she would look into how they come up with that amount� He asked what was the total increase in points for the tax rate?� The Mayor said the local is 1.142 per hundred and the total is 3.72.

Barbara Morison, 715 Vernon Avenue � Ms. Morison thanked everyone who was very helpful to the seniors in the tragic loss of Joe Maturo.� He said Borough employees, Mayor and Council and Paulette Drogan were very helpful. She gave special thanks to John Hathaway, the Senior Citizen Handyman,who did a wonderful job at the Senior Citizen Center by repairing all the ceiling tiles.� He spent two days and would not accept any money for the work. He did a beautiful job.�

The Mayor said Joe Maturo was an invaluable service to the seniors and his passing was very sad.� She also thanked John Hathaway for his help.

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

Regular Council Meeting � September 9, 2009�� Page 9

GENERAL BUSINESS

Sal Candarella welcomed John DeCarlo and Hollywood Tuxedo to the Borough.� They opened up a store on the Boulevard and it is good to see new businesses opening up.

Councilman Joho said the Kenilworth Street Fair will show case Kenilworth in the downtown area and hopefully it will attract people that normally would not come to Kenilworth.� He said there would be many vendors and it should be a fun day.� He said the event is a benefit and it brings people into town, especially a small downtown like Kenilworth. He said it is not an emergency situation to have the fair but it is essential in a down economy to promote the local economy.� He said it is a community event.

The Mayor said there will be some revenue from the fair and hopefully it will defray some of the costs. She said the fireworks were paid for by private donations.

Councilman Pugliese reminded residents that school is opening tomorrow and to drive slow and pay attention to the crosswalks and respect the commands of the crossing guards.

The Mayor said the Octoberfest will be October 25^th and there should be information on TV 26 & TV36 if anyone is interested in having a booth. She thanked Cassie Joho for heading up the project.

ADJOURNMENT

There being no further business to come before the Council it was moved by Councilman Pugliese, seconded by Councilman Klinder and carried, that the meeting be adjourned to the call of the chair. All in favor.

8:45 P.M.�� Respectfully submitted,

�� Hedy Lipke, Borough Clerk��

ADS - Applied Dynamic Solutions, LLC

email webmaster