Council Minutes from 2/24/2010

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, FEBRUARY 24, 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, 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 Councilman Joho, and carried that the minutes of the Work Session Meeting of February 9, 2010 and the Regular Meeting of February 17, 2010 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS:

Notice to Property Owners regarding an application before the Board of Adjustment for a use variance with minor subdivision to permit the subdivision of property at 17 and 19 So. 21^st Street into two separate building lots to construct two 2 family houses.� Hearing to be on February 25, 2010.

Letter from �Coalition to Stop the Train� asking for support for the conversion of the right of way of the Rahway Valley & Staten Island Railroad property to Green Acres for �Rails to Trails�.

Letter from Zdzislaw Leniewski, 321 North 20^th Street, requesting permission for them to cut down two (2) Borough trees as the property was subdivided and plans are to build two houses there.

Letter from Shawn Kelly, President, Kenilworth Volunteer Fire Department to Father Begjrowicz of St. Theresa�s confirming the dates for the Fire Department Carnival as Monday, August 16^th through August 22, 2010.

It was moved by Councilman Joho, seconded by Councilman Klinder 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 she received a letter this week from the RVSA indicating that the assessment for 2010 is $1,304,000.00.� She said the assessment for 2009 was approximately $200,000.00 more than that.� She said we have a little bit of breathing room as a result of the $200,000.00 however it is still going to be a difficult year with the economy being what it is.

Regular Council Meeting � February 24, 2010�� Page 2

The Mayor said she was scheduled to attend a hearing at the RVSA for exceedences of the Borough�s flow but the hearing was put off due to the pending storm.

The Mayor reminded everyone that on Tuesday, March 2nd from 6:00 PM to 8:00 PM the Historical Society will be having its second annual �Soups On� at the Kenilworth Senior Citizen Center.� They will have homemade soups, breads and desserts and admission is $10.00.� They recommend you buy your tickets in advance at Especially Yours and the Senior Center.��

DEPARTMENT OF FINANCE

Councilman Joho had nothing to report.

DEPARTMENT OF PUBLIC WORKS

Councilwoman Sosnosky reported the DPW crew has been working on picking up trash along the Boulevard, maintaining the sanitary sewers and cleaning the storm water catch basins.

DEPARTMENT OF PUBLIC SAFETY

Council Pugliese had nothing to report.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman Candarella reported there is a Planning Board Meeting tomorrow night and the next Master Plan Meeting will be in early March.

DEPARTMENT OF RECREATION AND FIRE

Councilman Leary reminded everyone that this Friday night is Rec Night for 3^rd and 4^th graders from 7:00 PM to 9:00 PM, but it is conditional based on the weather.� He read a letter from a Kenilworth resident to the Fire Department thanking them for their help.� �Dear Kenilworth Fire Department, this is a short note to say thank you for putting out a car fire in our Dodge Caravan on January 6^th.� You were to the scene promptly and worked professionally.� It is a blessing that we have such a great group of volunteers in our Town.� Thanks Again, Ed & Lisa Gratzig.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Klinder reported that Library circulation for the month of January was 4,180.� He also reported that Danielle Grady, the Health Specialist is resigning effective February 28, 2010. He said Danielle has been with the Borough for eight years and he wished her well.

He also reported there is a Rabies Clinic on February 28^th from 1:00 PM to 3:00 PM at the Fire House.

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

Regular Council Meeting � February 24, 2010�� Page 3

CONSENT AGENDA

Resolutions No. 1 thru 13 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.

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, the Pride in Kenilworth Committee is planning to hold an event on the Boulevard in 2010; and

WHEREAS, the Governing Body of the Borough of Kenilworth and Kenilworth Police Chief Dowd have approved this event which will necessitate the closing of the Boulevard as follows:

Closing of the Boulevard from 23^rd Street to 18^th Street on Sunday, October 24, 2010 from 7:00 A.M. to 7:00 P.M. for the annual Kenilworth Street Fair.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Kenilworth request the approval of the Union County Board of Chosen Freeholders for the closing of the Boulevard for the above event.

RESOLUTION NO. 3

Whereas, Resolution # 3 dated February 17, 2010 contained four incorrect transfer amounts among budget appropriations.

Now, Therefore Be It Resolved, by the Governing Body of the Borough of Kenilworth, County of Union, New Jersey, the following transfer amounts of budget appropriations are corrected as follows, and

Be It Further Resolved, these items shall correct and amend Resolution #3 approved on February 17, 2010.

Regular Council Meeting � February 24, 2010�� Page 4

ORIGINALLY

FROM

9-01-26-765-043�� DPW � STREETS � MAINT. OF FUEL TANKS�� $7,600.00

9-01-33-833-011�� MUNICIPAL COURT � FULL TIME�� $5,400.00

9-01-33-833-012�� MUNICIPAL COURT � PART TIME�� $1,200.00

�� TO

�� 9-01-23-733-171�� INSURANCE � PRESCRIPTION�� $41,425.00

CORRECTED TO

�� FROM

9-01-26-765-043�� DPW � STREETS � MAINT. OF FUEL TANKS�� $0.00

9-01-33-833-011�� MUNICIPAL COURT � FULL TIME�� $0.00

9-01-33-833-012�� MUNICIPAL COURT � PART TIME�� $0.00

�� TO

�� 9-01-23-733-171�� INSURANCE � PRESCRIPTION�� $27,225.00

RESOLUTION NO.� 4

WHEREAS, approval is required of the Governing Body of the Borough of Kenilworth to transfer amounts among budget appropriations; and

WHEREAS, the Governing Body of the Borough of Kenilworth desires to authorize budget appropriation transfers effective December 31, 2009.�

NOW THEREFORE BE IT RESOLVED, by the Governing Body of the Borough of Kenilworth, County of Union, State of New Jersey, that pursuant to 40A:4-58, the following transfers be made in the Budget Appropriations for the 2009 year for the Current Fund Budget.

FROM

9-01-31-430-070�� UTILITIES � HEATING OIL/NATURAL GAS�� $10,000.00

9-01-31-430-074�� UTILITIES � GASOLINE & DIESEL FUEL�� $10,000.00

9-01-20-701-021�� CLERK - ADVERTISING�� $11,700.00

9-01-20-712-020�� LEGAL FEES, ETC.�� $8,300.00

Regular Council Meeting � February 24, 2010�� Page 5

��

RESOLUTION NO. 5

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

WHEREAS, it has been determined that the homeowner is a senior citizen, and is entitled to a reduced fee as per Borough Ordinance No. 99-5;

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

�� Amount of $90.00 to be refunded to the homeowner who paid the permit

�� John Barton

�� 33 North 24^th Street

�� Kenilworth, NJ� 07033

�� Block #85, Lot #3�� Permit #10-00047

RESOLUTION NO. 6

WHEREAS, First American R.E.T.S. paid the proerty taxes for the 1^st quarter of 2009 for the property located at 250 North 21^st Street, Kenilworth, NJ, and;

WHEREAS, this resulted in a tax overpayment for the 1^st quarter of 2009;

WHEREAS, First American R.E.T.S. has requested that the overpayment of the 1^st quarter be refunded to them;

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 a refund as stated below.

Block�� Lot�� Payable To:�� Amount

�� 21�� 5�� First American�� $ 1,575.37

�� Attn: Refunds Department

1 First American Way

�� Westlake, TX 76262

�� TOTAL�� $ 1,575.37

��

Regular Council Meeting � February 24, 2010�� Page 6

RESOLUTION NO. 7

WHEREAS, First American R.E.T.S. paid the property taxes for the 4^th quarter of 2009 for the property located at 17 South 20^th Street, Kenilworth, NJ, and;

WHEREAS, this resulted in a duplicate tax payment for the 4^th quarter of 2009;

WHEREAS, First American R.E.T.S. has requested that the overpayment of the 4^th quarter be refunded to them;

Block�� Lot�� Payable To:�� Amount

114�� 18�� First American�� $ 2,096.62

�� Attn: Refunds Department

1 First American Way

�� Westlake, TX 76262

�� TOTAL�� $ 2,096.62

��

RESOLTUION NO.� 8

WHEREAS, First American R.E.T.S. paid the property taxes for the 4^th quarter of 2009 for the property located at 21 South 20^th Street, Kenilworth, NJ, and;

WHEREAS, this resulted in a duplicate tax payment for the 4^th quarter of 2009;

WHEREAS, First American R.E.T.S. has requested that the overpayment of the 4^th quarter be refunded to them;

Block�� Lot�� Payable To:�� Amount

114�� 19�� First American�� $ 2,148.73

�� Attn: Refunds Department

1 First American Way

�� Westlake, TX 76262

�� TOTAL�� $ 2,148.73

Regular Council Meeting � February 24, 2010�� Page 7

RESOLUTION NO. 9

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

��

�� #977 Brookside Place School PTA for an on-premise 50/50 Raffle on April 23, 2010 at 33 South 21^st Street, Kenilworth, NJ.

�� #978� Brookside Place School PTA for a Tricky Tray on April 23, 2010 at 33 South 21^st Street, Kenilworth, NJ.

�� #979� Livingston School PTA for a Tricky Tray on March 31, 2010 at 33 South 21^st Street, Kenilworth, NJ.

�� #980 Livingston School PTA for an on-premise 50/50 Raffle on March 31, 2010 at 33 South 21^st Street, Kenilworth, NJ.��

RESOLUTION NO. 10

Be It Hereby Resolved:�� That the following be appointed as Probationary EMT�s for the Kenilworth Rescue Squad:

Erin Higgins

Saleem Lawson

Be It Further Resolved: That Annette Lofty be appointed Auxiliary Probationary EMT for the Kenilworth Rescue Squad.

RESOLUTION NO. 11

BOROUGH OF KENILWORTH

PROCLAMATION

WHEREAS, the citizens of�� The Borough of Kenilworth� stand firmly committed to promoting reading as the catalyst for our students� future academic success, their preparation for America�s jobs of the future, and their ability to compete in a global economy; and:

WHEREAS,� The Borough of Kenilworth�� has provided significant leadership in the area of community involvement in the education of our youth grounded in the principle that educational investment is the key to the community�s well-being and long-term quality of life; and

Regular Council Meeting � February 24, 2010�� Page 8

WHEREAS, NEA�s� Read Across America, a national celebration of reading, will be conducted on March 2, 2010, which would have been the 106^th birthday of Theodor Seuss Geisel, better known as Dr. Seuss; and

WHEREAS, Read Across America-NJ is being conducted statewide by the New Jersey Education Association, in partnership with the New jersey State League of Municipalities, the New Jersey Library Association, and their local affiliates across the state to promote reading and adult involvement in the education of our community�s students;

NOW, THEREFORE, BE IT RESOLVED that the�� Mayor and� Council� call on the citizens of� Kenilworth�� to assure that every child is in a safe place reading together with a caring adult on March 2, 2010;

AND BE IT FURTHER RESOLVED that this body enthusiastically endorses NEA�s Read Across America and Read Across America-NJ and recommits our community to engage in programs and activities to make America�s children the best readers in the world.

RESOLUTION NO. 12

A RESOLUTION OF SUPPORT ENDORSING

THE PLAN OF RAILS TO TRAILS WITHIN UNION COUNTY, NEW JERSEY

WHEREAS, the County of Union entered into an agreement with the Morristown and Erie Railway, Inc. on May 8, 2002 which authorized the reactivation of the Staten Island and Rahway Valley Railroads within Union County; and

WHEREAS, these New Jersey State owned railroads were abandoned in 1991 and 1992 respectively; and

WHEREAS, we are now in year eight of� the ten-year contract with the Morristown and Erie Railway, and although millions of dollars have been spent there has been no evidence of any resulting economic benefit; and

WHEREAS, Morristown and Erie Railway has not, to date, provided a detailed written Business and Operating Plan as required by contractual agreement with Union County Freeholders; and

WHEREAS, Morristown and Erie Railway has not, to date, provided objectives and procedures concerning Corporate Structure, Capitalization, Marketing Plan, Operating Plan, Safety & Emergency Management Plan, Maintenance Plan, Landscape Plan and Capital Spending that were also required by the 2002 agreement; and

WHEREAS, this reactivation project for these railroads freight lines has been halted due to the lack of public funding at this time, but could be revitalized should funding become available;

WHEREAS, a Rails to Trails project will not only benefit the towns adjacent to these rail lines but will provide benefits to all New Jersey residents; and

Regular Council Meeting � February 24, 2010�� Page 9

WHEREAS, the Borough of Kenilworth believes this to be in the best interests of the residents of the Borough of Kenilworth and all residents of Union County;

NOW, THEREFORE, BE IT RESOLVED by the Borough of Kenilworth approves, supports and encourages the Union County Board of Chosen Freeholders adopt a resolution approving conversion of the right of way of these abandoned railways to Green Acres for Rails to Trails in hopes of assuring the safety and quality of life of its constituents and enriching the neighboring eco-systems; and

BE IT FURTHER RESOLVED that the County of Union not renew the up-coming contract with Morristown and Erie Railway in 2012 due to the Morristown and Erie Railway�s lack of compliance to the terms of the contract, and failure in providing the promised economic development opportunities to Union County and its residents.

RESOLUTION NO. 13

Be It Hereby Resolved:� That Ordinance No. 2010-04 entitled �Ordinance Amending Chapter 190-43, Schedule XI of the Code of the Borough of Kenilworth� be continued for Second Reading to March 10, 2010.

Proposed Ordinance No. 2010-03 was read for second reading as follows:� (Copy appears in

Minutes of January 27, 2010)

�� ORDINANCE NO. 2010-03

BOND ORDINANCE TO AUTHORIZE THE ACQUISITION OF REAL PROPERTY FOR MUNICIPAL PURPOSES IN, BY AND FOR THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $342,500 TO PAY THE COST THEREOF, TO MAKE A DOWN PAYMENT, TO AUTHORIZE THE ISSUANCE OF BONDS TO FINANCE SUCH APPROPRIATION AND TO PROVIDE FOR THE ISSUANCE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE OF SUCH BONDS.

Mayor Fiamingo opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2010-03.

Bob Beiner, South 24^th Street � Mr. Beiner asked if they have had any discussion about what they are going to do with the building.� The Mayor said yes, the Council has discussed putting some of the offices of the Police Department there.� He asked if they discussed using it for more space down the road and the Mayor said yes the building and the lot would be used for the grand scheme of expanding Borough Hall and the Police Department but for the time being it is not feasible. He said he hopes it is a good decision and if it is the most cost effective then he is not against it.� He said in the past he was told by some that putting a new building at the Recreation Center was cost effective and he was told in the past that parking was not going to

Regular Council Meeting � February 24, 2010�� Page 10

be an issue and it was an issue.� He said each of the four architectural groups that made their presentations said that parking was an issue.� He said one of the guys that gave the low bid said that Kenilworth was nuts because it was going to cost $25,000.00 a parking spot.� He said in the past you have made some generalities that were not true and he hopes that this is the right decision.� He said from the very beginning whether it was the David or Tripodi administration there was clearly a possibility of buying houses on either South 23^rd or South 24^th �and he hopes it ends up being the right decision. He said he hopes that whatever you talk about among yourselves like retrofitting the house or adding on to the house that you will bring it to the next council meeting so that the public can say yes whether it sounds like a good idea or not.� �

RESOLUTION NO. 14

Introduced by Brian Joho adoption moved by same.

Seconded by Fred Pugliese.

Be It Hereby Resolved: that Proposed Ordinance 2010-03 be and the same is hereby passed on second and final reading an ordered published according to law.

Roll Call:� All in favor.

The Mayor said to expand on Mr. Beiner�s question, she said for the time being it was determined that in order to get the detectives out of the trailers we could do minimal renovations at the property and put them there.� She said they will not have to make it ADA compliant because they will not see the public in the building. They see the public in Borough Hall now and they will continue that practice.� She said for the time being this will alleviate some space concerns. She said once the economy straightens out and we are able to put full consideration towards the building and what we are going to do the building will be used for other purposes.

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

MEETING OPEN TO THE PUBLIC

John Bury, North 15^th Street � Mr. Bury said he is researching budgets and he cannot find the information he is looking for on the County budget but he said since the borough�s budget is similar to the County�s budget he will start here. �He said the County�s budget just came out and they are spending 470 million dollars in appropriations. He said his question is on the revenue side.� He said taxes are going to be 276 million and they are going to get 170 million from other revenues and to balance this out they have 24 million in surplus anticipated. He said he would like to know what is surplus anticipated and do you have it in Kenilworth? The Mayor said there is always a surplus of some kind because when monies are appropriated for a purpose in the budget and they are not all expended, that money goes back into surplus.� For example if we appropriate one million five towards RVSA and we get a bill for one million three, the extra two million goes back into surplus at the end of the year unless it is used for transfers for other purposes.� She said that is a bad example because with the RVSA we would always know the amount and we would appropriate the necessary funds. She said a better example would be salt. If we estimated that we needed 500 tons of salt which would cost $1,000.000.00(not real numbers) and we had a very mild winter and only spent $50,000.00, then that extra $50,000.00,if not needed for other purposes, would go into surplus at the end of the year.� Mr.

Regular Council Meeting � February 24, 2010�� Page 11

Bury asked the Mayor if the County appropriated 470 million and are they thinking they are going to spend only 446 million then the rest would go into surplus? The Mayor said no they think they are going to spend 477 million. She said their surplus currently, as of 2009, exceeded 24 million dollars because they are going to use 24 million of that surplus towards this year�s budget.� Mr. Bury asked if they had 24 million lying around that they didn�t spend from� prior years? The Mayor said yes that is correct. Mr. Bury asked if there was a bank account somewhere with that money in it.� The Mayor said actually it would have to be more than 24 million because it is not good practice to use the entire surplus. Mr. Bury asked if the numbers are out there somewhere and the Mayor responded it should be in the budget documents. �Mr. Bury asked what is Kenilworth�s surplus and the Mayor replied somewhere around $800,000.00.�

Livio Mancino, 102 North 24^th Street � Mr. Mancino apologized to the Zoning Officer because he said there were 26 signs and there were only 7 signs. Mr. Mancino said that Washington Avenue is in dire need of repair. He suggested the DPW people take a look at it.� Mr. Mancino asked if the Council had any idea of where they are heading with the budget this year? Councilman Joho said the budget proposals have been submitted to the accountant and he is reviewing them and plugging in the numbers to see where that leads us.� We are waiting for that report from our accountant.� Mr. Mancino said then you don�t have any idea at this time?� Councilman Joho said we know what numbers were submitted and as far as the departments, basically we presented a zero increase as far as discretionary spending across the board.� He said a memo was sent out back in November and December to all the Department Heads to keep their spending at last year�s level and in reviewing those budgets everyone spent even less.� He said on the discretionary spending side there is a zero budget but as far as the cost of contractual obligations, obviously those go up.� Mr. Mancino asked if the Council knows what kind of increases we are going to get from insurances or Rahway Valley Sewerage?� Councilman Joho said RVSA is going to be $200,000.00 less which is a benefit.� He said they plugged in the contractual figures whether it�s insurance or anything else.� The Mayor said we will have more information on this as time passes she said right know they do not have anything in front of them to be able to answer you. Mr. Mancino said the Borough should tighten their belts because there is a terrible situation at the school board and he is saying early on that the Borough may have to lay someone off to hold the budget down. The Mayor said we have had a couple of retirements and those positions are not going to be filled on the Police Department and the Department of Public Works.� ��

Bob Beiner, South 24^th Street � Mr. Beiner stated that at the January 27 Council Meeting the Council passed Resolution No. 10 which was a $1,000 salary increase for Paulette Drogan for the position of� Senior Citizen Program Director.� He asked what percentage increase did she get? Councilman Candarella said she has three titles and the Mayor said part of the problem is that she is the Welfare Director, the Senior Director, the Alliance Director. Mr. Beiner asked what was the reason for the increase?� The Mayor said she had gotten another certification.� Mr. Beiner asked if it was by law that you had to give the raise or was it discretionary?� Councilman Joho said it was discretionary and that position had not seen a raise in five years because it does not fall into the percentage raises of other employees so her salary was stagnant for the last five years.� He said in that time period she had acquired certifications and the last one she acquired in December of last year and we felt her certification was a benefit to the Borough and she is using that education to benefit our citizens.� Mr. Beiner asked if they found it ironic that we are giving the Senior Citizen Director a raise when our senior citizens are not getting a cost of living raise or a raise in social security? Councilman Klinder said she is not just Senior Citizen Director, she is also the Welfare Director and this raise was promised to her.� Councilman Joho

Regular Council Meeting � February 24, 2010�� Page 12

said the services that she provides to the senior citizens are greatly needed. Mr. Beiner said times are tough and the Borough cannot afford to give raises. He said no one doubts that she is doing a good job but at some point you have to say no to pay raises.��

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

GENERAL BUSINESS

Councilman Pugliese wished everyone a happy and safe St. Patrick�s Day.�

The Mayor said she hopes everyone keeps safe during the storm tomorrow and try and be good to the plow operators because they are doing their job and are not trying to put snow in your driveways.

Councilman Leary congratulated EMT�s Higgins, Lawson and Lofty on their appointment to the Rescue Squad and he is sure they will do a wonderful job.

The Mayor also thanked them for their service because they are volunteers.

The Mayor congratulated Danielle Grady on her retirement and she wished her well.

ADJOURNMENT

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

8:26 P.M.�� Respectfully submitted,

�� Hedy Lipke, Borough Clerk��

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