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Council Minutes from 9/23/2009
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REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH� HELD ON WEDNESDAY EVENING, SEPTEMBER 23, 2009.� MAYOR KATHI FIAMINGO PRESIDED.
ROLL CALL
Roll Call at 8:00 P.M. showed the following Council Members present:� Sal Candarella, Brian Joho, Kevin Leary, Jr., Fred Pugliese and Toni Sosnosky. Scott Klinder was absent.
Mayor Fiamingo read the requirements of the Open Public Meetings Act.
The Salute to the Flag was led by Mayor Fiamingo.
Mayor Fiamingo advised that the sound system is not working and she asked the audience to move to the front so they can hear.� She asked everyone on the dais to speak loudly. She said she does not know how the lack of sound will affect TV 36/26.
MINUTES
It was moved by Councilwoman Sosnosky, seconded by Councilman Joho, and carried that the minutes of the Work Session Meeting of September 8, 2009 and the Regular Meeting of August 9, 2009, 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 Cranford Planning Board of a Public Hearing to adopt and amend their Master Plan including the Conservation Element.
2. Notice of Public Hearing before the Kenilworth Planning Board on an application for a variance on property owned by Mod-Fran, Inc. for property at 547 Boulevard to add four one-bedroom apartments on the second floor of a commercial property.� Hearing is on September 24, 2009 at 7:30 P.M.
3. Notice of Public Hearing before the Kenilworth Planning Board on an application for a variance on property owned by Palmadesso General Building Contractors for property at 550 Boulevard to add four one-bedroom apartments on the second floor of a commercial property.� Hearing is on September 24, 2009 at 7:30.
REPORTS
1. ��Municipal Court Report for the month of August, 2009.
It was moved by Councilman Candarella, seconded by Councilman Pugliese and carried that the above communications be received and filed and any money amounts indicated be spread over the minutes.
Regular Council Meeting � September 23, 2009������������������������������������������������������������������ Page 2
REPORT OF COMMITTEES
Mayor Fiamingo thanked everyone who attended the 9/11 ceremony at Borough Hall.� She said it was a rainy day and the ceremony was held in the council chambers and the room was packed.� She said it was gratifying to see everyone who came to remember that tragic day and she thanked everyone in the community for keeping all those people who were lost in their hearts.
She said this Sunday, September 27th is the Freedom Run which is being sponsored by the Kenilworth Historical Society.� The start of the event will be at 10:00 am but participants can register in the morning at 8:30 in the parking lot behind the Senior Citizen Building. �The award ceremony will be at the Nitschke House after the race.
The Red Ribbon
parade is October 17th.� ��The march will begin at David Brearley
High School parking lot at 10:00 am and will end at Nomahegan Park where
there will be a full day of events that will be put on by the County.�
The Red Ribbon event is being held in recognition of drug free children.�
The Mayor said she is participating, along with Union Mayor Terrazzo, in a infomercial� which is going to be taped on Thursday regarding the H1/N1 virus. The H1/N1 virus is better known as the Swine Flu.� It will be shown on our local TV channels.� The infomercial will explain the actions that will be taken to try to ameliorate the control of the spread of Swine Flu.� There will be vaccinations taking place at the High Schools and grammer schools and will also be given to the elderly.� She said she does not know exactly when they will actually get the vaccine but as soon as they do there will be a system in place to get it out to the public.� She said there will be more information forthcoming.
DEPARTMENT OF FINANCE
Councilman Joho reported he has received the certified tax rate for 2009 from the Union County Board of Taxation.� The total tax rate for 2009 is 3.724 with an increase of .186 or $325.50 for the average home assessed at $175,000.00.� This total tax increase is inclusive of the County, Open Space, Borough and Board of Education portions� He said the tax payers will see a reduction on their 4th Quarter Tax Bill of approximately $115.50 based on the average assessed home of $175,000.00.
The Mayor said the final tax bills will be going out within the next week to ten days and about 1/3 of the tax increase is going to the Borough.�
DEPARTMENT OF PUBLIC WORKS
Councilwoman Sosnosky reported the DPW crew has been working on curb-side brush pick up, filling pot holes, painting yellow curbs and maintaining our sanitary sewers.� Also the tree foreman has been trimming trees throughout the Borough.
Regular Council Meeting � September 23, 2009������������������������������������������������������������������ Page 3
DEPARTMENT OF PUBLIC SAFETY
Councilman Pugliese reported there was a recent incident in the Borough where a young lady knocked on the door of a senior citizen and said she was representing a local charity and asked to be let into the senior�s house. The senior let her in and while she distracted him, other individuals entered another part of the house and attempted to leave with some of the senior�s property.� Fortunately the senior got out of his wheel chair and stopped the attempted burglary. Councilman Pugliese warned residents that if they are suspicious of anyone knocking on their door to just close the door and call the police and they will come by and provide assistance.���
Also it was determined that the thieves were casing the area and he asked residents if they see a suspicious vehicle to report it to the police.
Mayor Fiamingo added that she is putting out a warning that if anyone thinks they are going to rob our senior citizens in Kenilworth they should think again because we have tough senior citizens who will fight for themselves.
Councilman Pugliese said the Board of Education requested the police to enforce the local parking ordinances regarding parking in the back parking lot of Harding School.� The lot is for teachers and not for parents who are dropping off their children.� Chief Dowd has approved this request and if you park in that lot you may receive a ticket.
DEPARTMENT OF PLANNING, ZONING & ORDINANCES
Councilman Candarella had nothing to report.
DEPARTMENT OF RECREATION AND FIRE
Councilman Leary had nothing to report.
DEPARTMENT OF HEALTH, EDUCATION & WELFARE
Councilman Klinder was absent.� The Mayor reported the seasonal flu shot will be given on September 30th at the Senior Citizen Center from 9:00 am to 12:00 pm.� There will also be a rabies clinic on October 4th at the Fire House from 10:00 am to 1:00 pm.� Cats must be in carriers and dogs must be on leashes. The Health Fair will be this Saturday from 9:00 am to 12:00 pm at Schering Plough Corp.� She asked everyone to not get there before 8:30 am because the doors will not be open and they will just be inconvenienced.�
At the request of the Welfare Director, the Mayor mentioned there is a program from the Union County Senior Home Improvement Program where low and moderate income senior citizens, age 60 and older and own a home in Kenilworth are able to apply for a $5,000.00 grant to be used for a contractor to do work at their home.� She said if anyone has any questions they should contact the County at 732-382-8100 and they will help you with making your application.
Regular Council Meeting � September 23, 2009������������������������������������������������������������������ Page 4
BILLS
Consolidated Bill List appears on the following pages.� (copy attached)
CONSENT AGENDA
Resolutions No. 1 thru 10 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 Councilwoman Sosnosky.� 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
WHEREAS, N.J.S.A. 40A:5-21 authorizes the establishment of a Petty Cash Fund, and;
WHEREAS,
it is the desire of the Borough of Kenilworth, County of Union that the
petty cash fund for the
NOW, THEREFORE, BE IT RESOLVED that the Borough of Kenilworth, County of Union hereby authorizes such action and two copies of this resolution be filed with the Division of Local Government Services, New Jersey Department of Community Affairs for approval.
RESOLUTION NO. 3
WHEREAS, the following property applied for a variance and fees were received by the Borough Clerk�s Office.
WHEREAS, it has been determined that a variance was not necessary.
NOW, THEREFORE, BE IT RESOLVED that the Treasurer be and is hereby authorized to draw a warrant to refund the following to:
����������������������������������� Amount of $190.00 to be refunded to:
����������������������������������������������� Dominick Petracca
����������������������������������������������� 39 South 23rd Street
����������������������������������������������� Kenilworth, NJ� 07033
����������������������������������������������� RE:� Application #10-09
����������������������������������������������� ������� 37 South 23rd Street
����������� ������������������������������������������� Block 117, Lot 29
Regular Council Meeting � September 23, 2009������������������������������������������������������������������ Page 5
RESOLUTION NO. 4
WHEREAS, N.J.SA. 40A:5-4 requires the governing body of every local unit to have made an annual audit of its books, accounts and financial transactions; and
WHEREAS, The Annual Report of Audit for the year 2008 has been filed by a Registered Municipal Accountant with the Municipal Clerk as per the requirements of N.J.S. 40A:5-6, and a copy has been received by each member of the governing body; and
WHEREAS, The Local Finance Board of the State of New Jersey is authorized to prescribe reports pertaining to the local fiscal affairs, as per R.S. 52:27BB-34; and
WHEREAS, The Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring that the governing body of each municipality shall by resolution certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, as a minimum, the sections of the annual audit entitled �Comments and Recommendations; and
WHEREAS, The members of the governing body have personally reviewed a minimum the Annual Report of Audit; and specifically the sections of the Annual Audit entitled �Comments and Recommendations�, as evidenced by the group affidavit form of the governing body attached hereto; and
WHEREAS, Such resolution of certification shall be adopted by the Governing Body no later than forty-five days after the receipt of the Annual Audit, pursuant to N.J.A.C. 5:30-6.5; and
WHEREAS, All members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board; and
WHEREAS, Failure to comply with the promulgations of the Local Finance Board of the State of New Jersey may subject the members of the local governing body to the penalty� provisions of R.S. 52:27BB-52 to wit:
R.S. 52:27BB-52 � �A local officer or member of a local governing body who, after a date fixed for compliance, fails or refuses to obey an order of the director (Director of Local Government Services) under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fined not more than one thousand dollars (1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office.
NOW, THEREFORE, BE IT RESOLVED, That the GOVERNING BODY OF THE BORUGH OF KENILWORTH, hereby states that it has complied with N.J.A.C. 5:30-6.5 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance.
I HEREBY CERTIFY THAT THIS IS A TRUE COPY OF THE RESOLUTION PASSED AT THE MEETING HELD ON September 23, 2009.
Regular Council Meeting � September 23, 2009������������������������������������������������������������������ Page 6
RESOLUTION NO. 5�
Capital Budget Amendment �(Copy Attached)
RESOLUTION NO. 6 �(Copy Attached)
RESOLUTION TO ADOPT THE PROVISIONS OF N.J.S.A. 52:14.17.38 UNDER WHICH A PUBLIC EMPLOYER MAY AGREE TO PAY FOR THE STATE HEALTH BENEFITS PROGRAM (SHPS) COVERAGE OF CERTAIN RETIREES.
RESOLUTION NO. 7
A RESOLUTION APPROVING THE ASSIGNMENT OF BID
WHEREAS, the Borough of Kenilworth after having made a determination that Lot 5, Block 15 within the Borough of Kenilworth was surplus real property; and
WHEREAS, the Borough conducted a public auction for the sale of said property August 13, 2009; and
WHEREAS, two of the successful bidders have expressed a desire to assign their rights to another individual or business owned or controlled by them; and
WHEAS, the proposed assignee of the bidder�s rights has met the same criteria imposed upon the bidders;
NOW, THEREFORE, BE IT RESOLVED on this 23rd day of September, 2009 by the Borough of Kenilworth that the Attorney for the Municipality may accept from Mr. Om Saigal and Mr. Vincent Paparatto their proposed assignments as successful bidders for the sole purpose of issuing deeds directly to the assignee upon the payment of the remainder of funds due for the transfer of the applicable property.
RESOLUTION NO. 8
Be It Hereby Resolved:� That THOMAS PUGLIESE, 514 Washington Avenue be appointed as
a regular member to the Board of Health for the unexpired� term of Antonio Pugliese
ending 12/31/2010.
RESOLUTION NO. 9
WHEREAS, the Borough of Kenilworth advertised for the receipt of bids for the �2009 NJDOT/Capital Road Improvements�, and S. Brothers, Inc., P.O. Box 317, South River, NJ� 08882, having submitted a bid as follows:
Base Bid � So. 31st Street
$434,085.00
Regular Council Meeting � September 23, 2009������������������������������������������������������������������ Page 7
NOW, THEREFORE, BE IT RESOLVED that the contract for the Base Bid for �2009 NJDOT Road Improvements� is awarded to S. Brothers, Inc. at a cost of $434,085.00 and the Borough Attorney is authorized to draw up the necessary contract and the Mayor and Borough Clerk are authorized to sign said contract.
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 Finance Officer of the Borough of Kenilworth.
Certification of Funds
Date
Appropriation
Nancy Nichols, Fianance Officer
RESOLUTION NO. 10
Resolution Adopting Personnel Policies and Procedures
WHEREAS, the governing body of the Borough of Kenilworth previously adopted the Borough of Kenilworth Personnel Policies and Procedures Manual; and
WHEREAS, the governing body of the Borough of Kenilworth has determined that there is a need to amend a portion of such Policies and Procedures in accordance with the attached amendment;
NOW, THEREBY, BE IT RESOLVED by the governing body of the Borough of Kenilworth that the Personnel Policies and Procedures Manual be amended in accordance with the attached amendment which is hereby adopted;
BE IT FURTHER RESOLVED that a copy of the attached Amendment shall be distributed to all employees not covered by a Collective Bargaining Agreement as soon as possible after adoption hereof;
BE
IT FURTHER RESOLVED that, commencing
Health Insurance Policy:
The Borough provides the same health insurance coverage to full-time employees and their immediate family members as is provided health under the Collective Bargaining Agreement between the Borough and the Union representing the Kenilworth Police Department.
The complete benefit plan is on file in the Borough Clerk�s office and a Summary Plan Description will be provided to all employees.� Benefit levels for non-unionized employees are subject to change at the discretion of the Borough.
Regular Council Meeting � September 23, 2009������������������������������������������������������ Page 8
Commencing January 1, 2010, each employee shall contribute to his or her health insurance premiums on a monthly basis, (i) the sum of zero dollars ($0.00) per month for single coverage or (ii) the sum of twenty five dollars ($25.00) per month for married or family coverage.�� The contribution shall be made by payroll deduction and shall be on a pre-tax basis.
Health Insurance Coverage for employees on a Leave of Absence or who cease Borough employment will terminate at the end of the month in which the leave begins or employment is terminated except coverage will continue for up to twelve weeks for employees on leave pursuant to the Family and Medical Leave Act and up to thirty weeks for employees on Military Leave.� Upon termination of coverage, employees may extend health insurance coverage for themselves or their dependents by taking advantage of the COBRA provision for a period of up to eighteen months.� For more information, consult the Borough Clerk.
Employees who retire under the provisions of the applicable retirement plan for the employees of the Borough with twenty�five years of continuous service credited under such retirement plan may continue to receive paid health insurance coverage.� Employees receiving retiree health benefits must notify the Borough Clerk in writing, with proof of enrollment, when they become eligible for Medicare Parts A and B.� For more information, consult the Borough Clerk.
Health Insurance Option to Waive Coverage
Effective
as of
In the event of an approved employee waiver of coverage, the Borough shall pay to the employee an amount equal to 50% of the amount of the premium which would have been paid during the calendar year for which the waiver is effective for such employee for single coverage.� Such amount will be paid in equal monthly installments beginning with the last payday in January, or the first full month following the effective date of the waiver, as the case may be.� In the event of the employee�s termination of employment (for any reason), the payments hereunder shall cease.
An employee shall be permitted to re-enroll in the Borough's insurance program administered by the SHBP at any time such re-enrollment is permitted by the insurance carrier, within 60 days of the loss of the other coverage and after providing proof of loss of the other coverage.� Notice must be provided to the Borough and SHBP to initiate re-enrollment.� Understanding and complying with the Rules regarding enrollment and re-enrollment of coverage are subject to change and are the sole responsibility of the employee.� The Borough assumes no responsibility or obligation if the employee having waived coverage is unable to reinstate his or her coverage.� The Employee must sign a waiver provided by the Department of Treasury, Division of Pensions.
Regular Council Meeting � September 23, 2009������������������������������������������������������������������ Page 9
Proposed Ordinance No. 2009-17 was read for second reading as follows:� (Copy appears in
Minutes of �August 26, 2009)
ORDINANCE NO. 2009-17
AN ORDINANCE AMENDING ORDINANCE NO. 2009-12, CHAPTER� 197.25, SECTION C OF THE CODE OF THE BOROUGH OF KENILWORTH COUNTY OF UNION, STATE OF NEW JERSEY (TEMPORARY MOBILE HOMES, TRAILERS AND STORAGE UNITS).
Mayor Fiamingo stated this is a second reading on an ordinance that changes the size of dumpsters which may be permitted on a person�s property.� It eliminates the requirement that it be a 20 yarder because the initial part of the ordinance would allow for 40 yards. She said basically the dumpster is defined as a certain length by width by height.
The Mayor opened the hearing to the public for any questions or comments on Proposed Ordinance No. 2009-17.
Bob Herbert, 363 Coolidge Drive � Mr. Herbert thanked the Mayor and Council for changing some of the wording in the ordinance. He asked the Mayor and Council to send a letter out to residents with their tax bills explaining the new ordinances regarding POD�s, dumpsters and storage units. He said residents are not aware of these changes and this would help.
Mayor Fiamingo closed the hearing on Ordinance 2009-17 to the public
RESOLUTION NO. 11
Introduced by Toni Sosnosky adoption moved by same
Seconded by Sal Candarella
Be It Hereby Resolved: that Proposed Ordinance 2009-17 be and the same is hereby passed on second and final reading an ordered published according to law.
Upon roll call all in favor.
Proposed Ordinance No. 2009-19 was read for a first reading as follows:� (Copy attached)
����������������������������������������������������� ORDINANCE NO. 2009-19
BOND ORDINANCE PROVIDING FOR THE ACQUISITION AND INSTALLATION OF A POLICE DESK, APPROPRIATING $76,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $72,200 BONDS AND/OR NOTES OF THE BOROUGH FOR PAYING THE COST THEREOF AND MAKING THE DOWN PAYMENT FOR SAID IMPROVEMENT, AUTHORIZED TO BE UNDERTAKEN IN AND BY THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, NEW JERSEY.
Mayor Fiamingo stated this is a Bond Ordinance. The second reading will be on October 14th at which time the public will be invited to speak.
Regular Council Meeting � September 23, 2009������������������������������������������������������ Page 10
RESOLUTION NO. 12
Introduced by Fred Pugliese adoption moved by same
Seconded by Toni Sosnosky
Be It Hereby Resolved: that Proposed Ordinance No. 2009-19 be and the same is hereby passed on first reading and ordered published for final hearing on October 14, 2009.
Upon roll call all in favor.
Proposed Ordinance No. 2009-20 was read for a first reading as follows:� (Copy attached)
ORDINANCE NO.��� 2009-20
BOND ORDINANCE PROVIDING FOR THE REPAIR OF A SECTION OF SANITARY SEWER, APPROPRIATING $80,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $76,000 BONDS AND/OR NOTES OF THE BOROUGH FOR PAYING THE COST THEREOF AND MAKING THE DOWN PAYMENT FOR SAID IMPROVEMENT, AUTHORIZED TO BE UNDERTAKEN IN AND BY THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, NEW JERSEY.
Mayor Fiamingo stated this is a Bond Ordinance. The second reading will be on October 14th at which time the public will be invited to speak.
RESOLUTION NO. 13
Introduced by Toni Sosnosky adoption moved by same
Seconded by Sal Candarella
Be It Hereby Resolved: that Proposed Ordinance No. 2009-20 be and the same is hereby passed on first reading and ordered published for final hearing on October 14, 2009.
Upon roll call all in favor.
Proposed Ordinance No. 2009-21was read for a first reading as follows:� (Copy attached)
ORDINANCE NO. 2009-21
BOND ORDINANCE APPROPRIATING $26,000 FOR COMPLETION OF THE FIRE HOUSE AND AUTHORIZING THE ISSUANCE OF $24,700 BONDS AND/OR NOTES OF THE BOROUGH FOR PAYING THE COST THEREOF AND MAKING THE DOWN PAYMENT FOR SAID IMPROVEMENT, AUTHORIZED TO BE UNDERTAKEN IN AND BY THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, NEW JERSEY.
Mayor Fiamingo stated this is a Bond Ordinance. The second reading will be on October 14th at which time the public will be invited to speak.
Regular Council Meeting � September 23, 2009������������������������������������������������������ Page 11
RESOLUTION NO. 14
Introduced by Kevin Leary adoption moved by same
Seconded by Brian Joho
Be It Hereby Resolved: that Proposed Ordinance No. 2009-21 be and the same is hereby passed on first reading and ordered published for final hearing on October 14, 2009.
Upon roll call all in favor
Motion was made by Councilman Joho and seconded by Councilman Candarella to open the meeting to the public.� All in favor.
MEETING OPEN TO THE PUBLIC
No one wished to speak
Motion was made by Councilman Joho, seconded by Councilman Pugliese to close the meeting to the public.
GENERAL BUSINESS
Mayor Fiamingo reminded everyone the annual Street Festival, which used to be called the Octoberfest, will be held on October 25th from 10:00 am to 5:00 pm.� Also in October, the Halloween Parade will be held on October 31st at 10:00 am beginning at the Recreation Building.� She said it is always fun to see the children walking in their cute costumes.
The Mayor said there was a question asked at the last Council Meeting regarding the assessed values of homes.� She said she checked with the County and the assessed values of homes have changed every year based on the County�s report of all homes that are sold in each town.� They figure out the assessed value by taking the old values, adding in the new values of the assessments and dividing them by how many homes.� She said in 2005 our average assessed home was $172,486.00 and in 2009 it is $175,000.00.�
The Mayor thanked our Borough Attorney, Harvey Fruchter who donated the flowers to the Borough and to John Hartmann from J & J Landscaping who donated the labor and the time to install them.� The mums are in front of Borough Hall and also in the planters along the Boulevard.� She also thanked the Beautification Committee, chaired by Toni Sosnosky, for lugging water to make sure the flowers stay fresh and beautiful.� She said she hopes the merchants along the Boulevard where the planters are located would take the time to water the flowers.� She said she will make it her business to speak to each one of them to see that they do so.
Regular Council Meeting � September 23, 2009������������������������������������������������������ Page 12
ADJOURNMENT
There being no further business to come before the Council it was moved by Councilwoman �Sosnosky, seconded by Councilman Leary 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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