Council Minutes from 10/28/2009

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, OCTOBER 28, 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, Fred Pugliese,Toni Sosnosky. �Kevin Leary, Jr. was absent.

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 Councilwoman Sosnosky, seconded by Councilman Pugliese, and carried that the minutes of the Work Session Meeting of October 13, 2009 and the Regular Meeting of October 14, 2009, be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS:

Letter received from the Department of Transportation announcing the award of a NJDOT Fiscal Year 2010 Grant for North 8^th Street, Section 2 and Kenilworth Boulevard Drainage in the amount of $275,000.
Tax Assessor Paul Parsons announced the successful appeal of Kenilworth�s 2008 Table of Equalized Valuations by Special Counsel Harry Haushalter which resulted in a lower equalized valuation saving $356,057.27 in 2009 County Taxes.
Letter from the Coalition to Stop the Train regarding funding for the reactivation of the Rahway Valley and Staten Island Railroads.
Next month�s Council Meeting will be held on Thursday, November 12^th due to the Veteran�s Day Holiday.

REPORTS

1. �Rahway Valley Sewerage Authority Meeting Minutes of September 17, 2009.

It was moved by Councilman Joho, seconded by Councilman Candarella 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 Veterans Day is November 11^th and as usual the Kenilworth Veterans Center will have services at 11:00 am.� She invited everyone to commemorate all veterans and to thank them for their services.�

She said on Friday, October 30^th the Recreation Committee is having a Halloween Craft night for children from toddlers to 4^th grade at the Recreation Center at 6:00 pm.� They are also

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having the Halloween Parade on Saturday, October 31^st.� The parade will begin at the Recreation Center at 10:00 am sharp!� She said if you wish to participate, please have your children dressed and ready by 10:00 am.

The Mayor said there was a notice read tonight by Mrs. Lipke that states the Borough was successful in their appeal of the equalization rates at the State level which basically determines how much of the County taxes our municipality will pay.� As a result of that successful appeal, we have over $300,000.00 in tax savings to the municipality.� She said it was money well spent across the board.� The Mayor added there is a resolution on the agenda this evening to again appeal this year�s assessed equalization ratio and hopefully we can maintain a higher equalization ratio.� She said it also helps the Borough with tax appeals.� She congratulated Mr. Parsons for his professional assistance and to Mr. Haushalter for his assistance as well.

Mayor Fiamingo said the Coalition to Stop the Train has asked that the Borough look into the question as to whether or not we can qualify for �Rails to Trails� for the rail line through Kenilworth.� She said Councilman Klinder has generously volunteered to look into that request.� She said we will look forward to his report.

The Mayor said there is a call center for anyone who has questions for the H1N1 flu virus.� The number is 866-321-9571 which is the State Health Department or you can go on the web site www.nj.gov/health or the federal web site which is www.flu.gov� She said these sources will give information you may need as to who is qualified to receive the shot and what tier and levels of people that they are looking to protect first like the elderly and people who have direct contact with young children.

The Mayor said this past Sunday the Borough had the Street Festival.� She said it was a stunning success and a wonderful event.� She thanked Kassie Joho and the Pride In Kenilworth Committee as well as the Police Department, Department of Public Works for all their help in making the day a success.� She said she enjoyed herself immensely and she thought everyone who attended felt the same way.� �

DEPARTMENT OF FINANCE

Councilman Joho reported a memo was sent to all department heads on October 26^th asking them to compile their 2010 budgets for submission by November 25^th.� The Capital budgets for 2010 are due by December 18^th.� The memo stated that all department heads should assume the hiring freeze, freeze on overtime and a cap on 20 hours on part-time employees will continue for 2010.� Also, the 2010 budgets should be held at the 2009 levels with the exception of contractual obligations.� Any exceptions will be discussed during the department head and finance committee meetings to be scheduled.

DEPARTMENT OF PUBLIC WORKS

Councilwoman Sosnosky reminded residents that Tuesday, October 27^th was the last day for grass pick up.� Also the DPW crew will begin curbside leaf pickup on Monday, November 2^nd.� There will be three working units collecting the leaves in an orderly pre-determined pattern. �Also brush pick up will not be done during the months of November and December.� Brush pick up will begin on Wednesday, January 6, 2010.

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DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese had nothing to report.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman Candarella reported the Master Plan Meeting went very well and they are making great progress.�� The next objective is to bring it to the rest of the Planning Board and Mayor and Council for their input and suggestions.

DEPARTMENT OF RECREATION AND FIRE

Councilman Leary was absent.� The Mayor said the Halloween craft is Friday, October 30^th at 6:00 at the Recreation Center and the Halloween Parade will be on Saturday, October 31^st at 10:00 am and the parade will start at the Recreation Center.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Klinder reported the Rabies Clinic was on Sunday, October 4^th and they had 38 animals participate.� The Health Fair was on Saturday, September 26^th and 155 people attended with 135 getting free blood tests.

BILLS

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

CONSENT AGENDA

Resolutions No. 1 thru 3 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

Be It Hereby Resolved:� That the Borough Clerk be authorized to issue the following�� Raffle Licenses:

�� #969� St. Theresa�s Church for an off-premise 50/50 raffle on December 20, 2009 for an off-premise raffle at 541 Washington Ave., Kenilworth, NJ.��

��

�� #970� David Brearley MS/HS PTO for an off-premise Merchandise Raffle on February 13, 2010 at 401 Monroe Ave., Kenilworth, NJ� 07033

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RESOLUTION NO. 3

WHEREAS, the Director of the Division of Taxation of the State of New Jersey has adopted a Table of Equalized Valuations and has also adopted what is commonly known as a Chapter 123 Table; and

WHEREAS, the Tax Assessor of the Borough of Kenilworth has recommended a legal challenge to the ratio so adopted; and

WHEREAS, the Mayor and Council of the Borough of Kenilworth has determined that there exists a need for professional legal services in connection with a challenge to the aforementioned tables and ratios as they relate to the Borough of Kenilworth; and

WHEREAS, the said Mayor and Council has determined that such legal services as professional services as defined in the Local Public Contracts Law of the State of New Jersey; and

WHEREAS, the Mayor and Council has determined that the cost of such legal services shall not exceed $17,500; and

WHEREAS, the Local Public Contracts Law requires that a notice stating the nature, duration, services and amount of each contract awarded as a professional services contract be printed once in the official newspaper of the municipality;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Kenilworth:

That Harry Haushalter, Esq., an attorney-at-law of the State of New Jersey, located at 2119 Route 33, Suite A, Hamilton Square, New Jersey� 08690, be and is hereby authorized to represent the Borough of Kenilworth in an appeal of or challenge to the ratio adopted by the Division of Taxation for the Borough of Kenilworth in the Table of Equalized Valuations, or School Aid Table, and the Chapter 123 Table; and

The Mayor and Borough Clerk are hereby authorized to execute an agreement with Harry Haushalter, Esq., for the provision of such professional legal services; and

Mr. Haushalter shall be entitled to legal fees at the rate of $175.00 per hour, not to exceed $17,500.00 unless further authorized by resolution of the Mayor and Council; and

4. This contract is awarded without competitive bidding as a professional services contract pursuant to the Local Public Contracts Law; and

The Borough Clerk is hereby authorized and directed to maintain this resolution and any contract entered into on file and available for public inspection in the Office of the Borough Clerk; and

The Borough Clerk is hereby authorized and directed to publish a copy of this resolution as the notice required by law.

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Proposed Ordinance No. 2009-22 was read for second reading as follows:� (Copy appears in

Minutes of October 14, 2009)

�� ORDINANCE NO. 2009-22

BOND ORDINANCE AMENDING IN ITS ENTIRETY BOND ORDINANCE NO 2009-15, ADOPTED JULY 22, 2009 AND ENTITLED: �BOND ORDINANCE PROVIDING FOR THE 2009 ROAD PROJECTS IN THE BOROUGH, APPROPRIATING $470,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $280,250 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� TO INCREASE THE APPROPRIATION TO $840,000 AND THE AUTHORIZED BONDS/NOTES TO $631,750 AND TO MAKE SUCH OTHER CHANGES AS NECESSARY FOR SAID PROJECT AUTHORIZED TO BE UNDERTAKEN IN AND BY THE BOROUGH OF KENILWORTH.

Mayor Fiamingo stated this is a second reading on an ordinance that corrects the amount that was to be utilized for the road project this year. ��

Mayor Fiamingo opened the hearing on Ordinance 2009-22 and asked if anyone wished to speak relative to this Ordinance to please step forward, state their name and address for the record.

Seeing no one, the Mayor closed the hearing on Ordinance 2009-22.

RESOLUTION NO. 4

Introduced by Joho adoption moved by same

Seconded by Candarella

Be It Hereby Resolved: that Proposed Ordinance 2009-22 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. 2009-24 was read for a first reading as follows:� (Copy attached)��

ORDINANCE NO. 2009�24

AN ORDINANCE AMENDING THE EXISTING CHAPTER 75 (CATS) and CHAPTER 83 (DOGS) OF THE CODE OF THE BOROUGH OF KENILWORTH, COUNTY OF UNION, STATE OF NEW JERSEY AMENDING CHAPTER 75-15 and CHAPTER 83-22 (VIOLATIONS AND PENALTIES)

Mayor Fiamingo stated this ordinance is relative to the fines for failure to license cats or dogs.� The second reading will be on December 9^th at which time the public is invited to speak.

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RESOLUTION NO. 5

Introduced by Klinder, adoption moved by same

Seconded by Joho

Be It Hereby Resolved: that Proposed Ordinance No. 2009-24 be and the same is hereby passed on first reading and ordered published for final hearing on December 9, 2009.

Upon roll call all in favor

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

MEETING OPEN TO THE PUBLIC

Scott Pentz, 186 Boulevard � Mr. Pentz read the following �As Recreation Director, I would like to publicly respond to some questions and comments made by some citizens of Kenilworth.� As in past years and this current year, the Recreation Department has had to do more with less. In

the past four years, there has only been one increase to the Recreation Department General Budget and that was to add an extra week to the Summer Parks Program which included a salary increase for the Summer Parks due to the mandated minimum wage increase.� The additional cost for Summer Parks part-time seasonal salaries was $2,405.00.� Every other line item stayed the same.� (Total budget for 2009 $43,600.00)

During my tenure as Director, I was able to secure equipment and field improvement grants through the County of Union.� Of course these were matching grants but the Borough of Kenilworth was able to take advantage of these grants which improved DiMario Field and 16^th Street Field.� A portion of the remaining grant money will be used to assist in the purchase of the scoreboard for DiMario Park Field.� The grants also brought new equipment for recreation programs which saved the Borough money. I just purchased new basketballs, a ping-pong table and the equipment to go with these items. The Recreation Committee added Movie Night to the programs the department currently offers.� This was a grant acquired from the Union County Alliance Program.

A fee schedule was voted on by the Recreation Committee and agreed to by the Mayor and Council to offset some of the costs of programs that increase in price every year.� These fees buy uniforms and sports equipment for the participants.�

It was agreed to by the committee to turn one of the rooms in the Recreation Center into an area that can be utilized by the older youth of Kenilworth.� Since there is some money left over in certain 2009 budget line items, we will purchase couches, arm chairs, a flat screen TV with a gaming system and a stereo system that can be heard throughout the Recreation Center for this room.� A purchase of two new air conditions that are more energy efficient, a ride on lawnmower to be used at both DiMario and 16^th Street ball fields so the infield can be properly groomed for baseball and softball will also be purchased.

Through positive communication between the Recreation Department, the current and past athletic directors at David Brearley High School, the principals of both Brearley and Harding Schools and the custodial staff of both schools, I have been able to forge a strong and

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understanding relationship with all involved.� At any time I can call or e-mail the current athletic director Scott Miller or Mrs. Murphy at Harding School to make a request for their respective facilities and not have an issue with either one honoring the request.� The majority of the time, if there is a problem with the request, we are able to work around it and find another solution amiable to both.

I am aware that there is a request for an open adult basketball night.� I have contacted Mr. Miller.� There is currently no availability for gym time at either school.� The high school currently allows Union County College to utilize the Brearley gym for their practices because UCC also has a guy space problem due to all of their programs.� Harding School has an adult volleyball league four nights a week.� At this time I cannot even secure practice time for a recreation

traveling basketball team and their first game is December 1^st but Mr. Miller is attempting to find some time for this request.�

In the past, there was an adult basketball night and I also participated in it.� The high school wanted an individual to be present in the hallway to check identification due to the fact that non-residents could not be on school grounds after regular school hours if it was not a school sanctioned event.� The school nor the Recreation Department, had funds available to pay

someone to be a monitor.� At one time there was an unpaid monitor but he was playing basketball with the others.� During that particular adult basketball game, a participant from out of town got into a physical fight with a Kenilworth resident.� The Kenilworth resident had his nose broken during the fight.� Currently there is no gym availability during the week.

The Recreation Committee does quite a lot with the funds that are available.� The fees that we charge are very little compared to the surrounding towns that charge between $80.00 to $120.00 for each program.� These are the same towns that the residents pay double or triple in taxes that a Kenilworth resident pays.� Ideas are submitted by Recreation Committee Members during our regular meetings.� These ideas are discussed and have to be logically, economically and legally thought out in the best interest of the Borough.

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

GENERAL BUSINESS

Councilman Joho thanked everyone involved with the Street Festival, especially his wife, Kassie Joho for finding JC Promotions, the event planner and production company and coordinating with JC Promotions and the various Borough Departments in making this event an overwhelming success.� I also want to thank Danielle Grady, Fire Chief Lou Giordino, the Police Department and the Department of Public Works for their efforts as well.� This far exceeded his expectations and he thinks the bar was set for future Street Festivals.� He thanked everyone involved.

The Mayor thanked Kassie again.� The Mayor said they will be having a wonderful Breakfast with Santa on December 5^th.� She said there will be more information on that event in the future.� She said they will be collecting food for the less fortunate.� She said they will announce how that collection will be made in the future.�

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ADJOURNMENT

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