Council Minutes from 1/27/2010

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, JANUARY 27, 2010.� 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.�

MINUTES

It was moved by Councilman Joho, seconded by Councilwoman Sosnosky, and carried that the minutes of the Work Session Meeting of January 12, 2010 and the Regular Meeting of January 13, 2010 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

It was moved by Councilman Leary, seconded by Councilman Pugliese 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 that she will be attending the Eagle Scout Ceremony for Zackary Kozak on Saturday.� She said this is a very proud day for Zack and the whole troop as well as the Community.� This is a very special honor when someone receives Eagle Scout status.

The Mayor said she has recommended the appointment of Pat Boyle as Recreation Director.� She said it is on the Consent Agenda.� She said she is sure Pat will do a wonderful job and she looks forward to seeing how he leads the Recreation Department.

Regular Council Meeting Minutes � January 27, 2010�� Page 2

DEPARTMENT OF FINANCE

Councilman Joho reported the Finance Committee has met with all Department Heads who wanted to discuss their 2010 Budget Proposals.� The Finance Committee now have all the budgets and capital requests to consider for 2010.� The Committee will finalize the preliminary budget and submit it to the Borough Auditor for review.� He said typically this will mean several rounds of adjustments before the actual budget is ready to be presented to the full council.� They have also asked the new Finance Officer, Robert Ordway to take the necessary course work leading to certification as a Qualified Purchasing Agent in an effort to work toward a centralized purchasing process to be housed within the Finance Department. �

DEPARTMENT OF PUBLIC WORKS

Councilwoman Sosnosky reported the crews are working on curbside brush pick up and cleaning the storm water catch basins.� The Department of Public Works 2010 Storm Water Education Information flyer was mailed to the residents this week.� Copies are available at the Department of Public Works and Borough Hall.�

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese reported the Police Department will be enforcing the regulations at the drop off zone on the Boulevard and Eighteenth Street around Harding School.� The Police Department will be stepping up enforcement of the drop-off only area.� Parents are advised that they are not to stop in the area unless they are dropping off or picking up and they cannot loiter or they will be met by a police officer. They should not cut into the line when dropping off their children because not only is it rude but they are obstructing the flow of traffic along the Boulevard.�

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman Candarella reported he has had a very busy week meeting with the Finance Committee, the Recreation Department Meetings and also meeting with the Master Plan Committee.� He said he has nothing to report but there are a lot of things in the works.

Councilman Leary reported this Friday at 7:00 pm is Recreation Night for 5^th and 6^th graders.� Softball and Field Hockey signups will be at the Recreation Center on Saturday, February 6^th from 10:00 am to 12:00 and then on Monday, February 8^th from 7:00 pm to 9:00 pm.

Councilman Leary read a letter from a resident thanking the Rescue Squad for their assistance.

�Dear Chief Giordano, I want to take this opportunity to thank our very capable and compassionate Kenilworth Volunteer Rescue Squad.� They answered my husband�s call for help with the utmost diligence and caring.� Kenilworth Volunteers have always had a special place in my heart because of their support of our family years ago.� It seems they are always there to support our residents with skill and dedication.� This dedication is at many times at the expense of their families. To all of you, I wish you a happy and health New Year.� Sincerely,

Regular Council Meeting Minutes � January 27, 2010�� Page 3

Mrs. Diane Westbrook.� Councilman Leary thanked the Rescue Squad for their diligent work on behalf of the residents of our Town.

Councilman Leary congratulated Pat Boyle on his appointment as Recreation Director.� He said he has worked with Pat this past year and Pat has done an amazing job and will continue to do so as Director.� He congratulated the Mayor on making a great appointment.

Councilman Klinder reported the Kenilworth Public Library had a circulation of over 3,700 for December and attendance for the month was 2565. This coming Saturday, FDR�s grandson Curtis Roosevelt will be speaking at the Kenilworth Senior Center at 2:00 pm.� The Town�s Rabies Clinic is tentatively scheduled for Sunday, February 28^th from 1:00 to 3:00 at the Fire House.

The Mayor asked if the Rabies Clinic was for both cats and dogs?� Councilman Klinder responded yes but cats should be crated.

BILLS

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 Councilman Klinder. Upon roll call the vote was unanimous.

ORDINANCES AND RESOLUTIONS

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

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

�� #973 St. Theresa�s Home School Association, for an on-premise 50/50 Raffle on March 20, 2010 at 540 Washington Avenue, Kenilworth, NJ��

�� #974 Theresa�s Home School Association, for an off-premise 50/50 Raffle on March 20, 2010 at 540 Washington Avenue, Kenilworth, NJ�

�� #975 Theresa�s Home School Association, for an on-premise Merchandise Raffle on March 20, 2010 at 540 Washington Avenue, Kenilworth, NJ��

Regular Council Meeting Minutes � January 27, 2010�� Page 4

Whereas, the Tax Collector for the Borough of Kenilworth held a Tax Sale on June 4, 2009 for delinquent 2008 taxes and special assessments, and a tax lien was purchased by Park Finance, LLC on property located at 34 Dorset Drive also known as Block 64 Lot 10, in the Borough of Kenilworth, County of Union,

Whereas, the owner of said property has satisfied said lien, together with interest and costs by payment of amount due at the office of the collector of taxes, and

Now therefore be it resolved, that the Treasurer be and is hereby authorized to draw a warrant to the named lien holder as follows to be refunded upon receipt of the original Certificate of Sale #09-00003 by the collector of taxes.

Redemption Amount

Be It Hereby Resolved:�� That the Mayor�s appointment of PATRICK BOYLE

as Recreation Director for a one year term at a salary of $5,000 per year, be and the same is hereby confirmed.

Be It Hereby Resolved:�� That the Mayor appoints JOE FINISTRELLA to the Kenilworth

Regular Council Meeting Minutes � January 27, 2010�� Page 5

Be It Hereby Resolved: ��That NANCY HALPERN be appointed as a member of the Local

Assistance Board for a 4 year term, expiring 12/31/13, be and the same is hereby confirmed.

WHEREAS, the Township of Kenilworth desires to constitute the 2010 Temporary Capital Budget of said municipality by inserting therein the following projects.

NOW, THEREFORE BE IT RESOLVED by the Council of the Township of Kenilworth as follows:

Section 1.� The 2010 Temporary Capital Budget of the Township of Kenilworth is hereby constituted by the adoption of the schedule to read as follows:

Project

Est.

Costs

Other

Funds

Budget

Appr.

Fund

Capital

Imp.

Fund

Grants

Debt

Authorized

Purchase of Property

342,500

16,400

326,100

Section 2.� The Clerk be and is authorized and directed to file a certified copy of this resolution with the Division of Local Government Services Department of Community Affairs, State of New Jersey, within three days after the adoption of this project for 2010 Temporary Capital Budget, to be included in the 2010 Permanent Capital Budget as adopted.

Regular Council Meeting Minutes � January 27, 2010�� Page 6

WHEREAS, the Assessor of Taxes has granted Senior Citizen Deductions for the 2009 tax year, and

WHEREAS, these deductions result in a tax overpayment on the tax record for the 2009 tax year,

NOW, THEREFORE BE IT RESOLVED that the Treasurer, after proper notation on the tax account record by the Collector of Taxes be and is hereby authorized to issue a warrant for refund of overpayment as stated below:

WHEREAS, Zachary J. Kozak has been involved in Scouting since he was 7 years old; and

WHEREAS, Zachary J. Kozak entered boy Scout Troop 83 in Kenilworth as one of the original Scounts in the troop; and

WHEREAS, Zachary J. Kozak has achieved the rank of Eagle Scout which is the highest rank in Scouting; and

WHEREAS, Zachary J. Kozak completed all 21 required Merit Badges and a community service project which was the planting of a World War I Victory Garden at the historic Oswald S. Nitschke House in Kenilworth; and

WHEREAS, Zachary J. Kozak is the second Scout in Troop 83 to achieve Eagle Rank; and

WHEREAS, Zachary H. Kozak is also involved in numerous areas outside of Scouting; and

WHEREAS, Zachary H. Kozak will be presented his Eagle Award at a Court of Honor on January 30, 2010.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Kenilworth congratulate Zachary Kozak upon attaining the Eagle Scout Rank and also commend his involvement and commitment to the other activities in which he is involved.

Regular Council Meeting Minutes � January 27, 2010�� Page 7

Be It Hereby Resolved:�� That Paulette Drogan receive a salary increase of $1,000 as Senior Citizen Director, prorated to July 1, 2009.

Proposed Ordinance No. 2010-03 was read for a first reading as follows:� (Copy attached)

The Mayor said this is a first reading of a Bond Ordinance and the second reading will be held on February 24, 2010 and at that time the public is invited to comment.

Be It Hereby Resolved:� That Proposed Ordinance No. 2010-03 be and the same is hereby passed on first reading and ordered published for final hearing on February 24, 2010.

Proposed Ordinance No. 2010-04 was read for a first reading as follows:� (Copy attached)

BOROUGH OF KENILWORTH. (4 Way Stop Signs at North 17^th Street and Sheridan Avenue)

The Mayor said this is a first reading and the second reading is also on February 24, 2010 at which time the public is invited to speak relative to this ordinance.

Regular Council Meeting Minutes � January 27, 2010�� Page 8

Be It Hereby Resolved:� That Proposed Ordinance No. 2010-04 be and the same is hereby passed on first reading and ordered published for final hearing on February 24, 2010.

Motion was made by Councilman Leary, seconded by Councilman Candarella to open the meeting to the public.

John Bury, 417 North 15^th Street � Mr. Bury asked the Mayor if the Town was buying a house.� The Mayor responded yes they are buying property.� He asked if it was for the police station?� The Mayor said it was property in the area that will allow us to expand.� He asked if that meant expanding the Police Station and the Mayor replied possibly.� He asked if the Borough received the bill for the 2010 pension contribution and does the Mayor know what it is going to be? Councilman Joho answered that he thinks the Borough received it but he does not know what it is off hand. Mr. Bury asked if there was any talk of deferrals.� The Mayor asked does he mean in terms of the State permitting deferrals or the Council considering deferrals? Mr. Bury asked if the State has passed a law stating the Borough can apply for a deferral? The Mayor replied she has not heard anything about that.� Mr. Bury asked what will the Labor Attorney, McElroy Deutsch do for the Borough since there are no union negotiations, what exactly are they being hired to do?� The Mayor replied they are hired as labor council in the event that issues arise during the course of the year.�� She said during the year the Borough may have grievances and potential labor issues that may arise, she said in other words they are on call.� Mr. Bury asked if they exceeded the $17,500.00 limit last year? The Mayor said she is not sure if they did.� The Mayor said she does not anticipate that they will this year because they do not have contracts coming up for negotiations this year.� Mr. Bury asked why they voted yes for McElroy Deutsch? Councilman Pugliese replied that as an Attorney himself, the Borough should always have someone on call that specializes in the labor field. He said the labor field is probably one of the most contentious issues that we have as employers.� He said disciplinary actions and grievances that have come up in the past had to be resolved by Labor Council.� He said you need a specialist on call to answer these issues. Mr. Bury asked if they were representing the grievers or the Borough?� Councilman Pugliese replied they represent the employer.� Mr. Bury asked if there were a lot of people up for this or was McElroy better than everybody else because they are the third largest law firm in New Jersey and they seem out of our league.� The Mayor asked what does that mean, out of our league?� She said the Borough put out a bid for proposals and they received a number of proposals and she recommended McElroy.

Regular Council Meeting Minutes � January 27, 2010�� Page 9

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

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