Council Minutes from 4/28/2010

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, APRIL 28, 2010.� MAYOR KATHI FIAMINGO PRESIDED.

ROLL CALL

Council Minutes from 3/24/2010

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 Joho, seconded by Councilman Candarella, and carried that the minutes of the Work Session Meeting of April 13, 2010 and the Regular Meeting of April 14, 2010 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

PRESENTATION

Mayor Fiamingo presented a check to Fran Thwaites for Project Graduation on behalf of the David Brearley PTO. The Mayor said the funds will be used to help fund some of the activities at Drew University after graduation.� The graduates will be able to do some fun stuff in a safe and secure manner without drugs or alcohol. Fran said the Class of 2010 appreciates all the help from the Mayor and Council.

The Mayor also extended thanks to all the parents on the Project Graduation Committee who put a lot of effort in on that endeavor.

COMMUNICATIONS AND PETITIONS:

Letter from Edward Miller, 633 Monmouth Avenue, thanking the Police Department, specifically Officers Ken Grady, Jr., Brian Pickton and Joseph Scuorzo, for their excellent services in regards to his emergency 911 call.
Letter from Carmen M. Centuolo, Union County Executive Superintendent of Schools, detailing the steps to be taken by the Governing Body regarding the defeat of the Kenilworth School Budget.
Notification from the Department of Environmental Protection advising that Kenilworth will be receiving a 2010 Clean Communities Grant in the amount of $12,378.01.
Letter from Jeffrey & Anne Marie Ferrari, 361 Roosevelt Lane, asking the Governing Body to save the Pre-K and Kindergarten Programs and consider size when addressing the defeated School Budget.

Kenilworth Council Meeting � April 28, 2010�� Page 2

REPORTS

1. �Municipal Court Report for the month of March, 2010.

It was moved by Councilwoman Sosnosky, seconded by Councilman Leary 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 the introduction of the Municipal Budget is on tonight�s agenda. Councilman Joho will address the budget specifically.� She said she is very proud of all the Department Heads because they maintained the line against increases.� She said the actual spending in the budget was less than 1% over last year.� The tax levy increased because of loss of revenue but when you have less than 1% increase on your overall spending, you have to be doing something right and the department heads are doing it right.�

The Mayor thanked Paulette Drogon for all her hard work on the Municipal Alliance.� The Mayor said she was able to secure, through her hard work and grant writing abilities, a $17,744.00 grant for this year which funds a number of programs that the Alliance sponsors.�

Youth in Government Day will be held at the May 26^th Council Meeting.� The Mayor said she has contacted Merck and hopefully they will be able to maintain the tour of their facility in Kenilworth.�� She said there was a press release which stated they will be closing three of their facilities, Union within the next couple of years and the Roseland and Lafayette facilities within the next nine months.� She said Kenilworth is not slated to be closed.�

The Fishing Derby is Saturday June 5^th at 7:00 AM and should be a fun time for everyone who likes to put worms on hooks.

The Board of Education Budget was defeated.� The Council has met with the Board of Education to discuss possible areas in which reductions can be made.� The Mayor is not exactly sure how they are going to proceed on that because they will have to have a full meeting in order to discuss it and then they will present it to the public because they want public input.� The Mayor said she will announce the date of when the public meeting will be held in the newspaper and on the web site.� We must have it done prior to May 19^th but we are not sure exactly what the schedule will be.

Kenilworth Council Meeting � April 28, 2010�� Page 3

The Mayor said that on May 16^th Jeffrey Jackel will become an Eagle Scout.� She said this is becoming a common affair which means our Boy Scout troop is tremendous in this town to have as many Eagle Scouts as they have had is extremely unusual and she is very proud of all of them and especially proud of Jeffrey and looks forward to that event.

�

DEPARTMENT OF FINANCE

Councilman Joho said tonight the 2010 Municipal Budget is being introduced.� He said in spite of the loss of State Aid again this year and the continued challenges on the revenue side as well as the lingering effects of the recession and an increase costs, we managed to present a budget that reflects a $103,627.00 increase in spending which is less than� 1% of an increase. �Although the amount to be raised by taxes has increased, the increase is less than experienced in the last five years.� He said this was a challenge we accomplished in spite of the loss in State Aid, lower revenues and increased costs.� He said the rate of increase is less than 5% and is $98.56 per average assessed value of $176,000.00.� He said the hearing on the budget after it is introduced will be in June.� He thanked the Finance Committee, the Department Heads and the Mayor and Council for helping to formulate this budget during these challenging economic times.�

The Mayor said the hearing date will be June 9^th and if anyone is interested in commenting or hearing about the budget they can come to that meeting.� She said in the meantime anyone can see a copy of the budget in the Clerk�s Office.

DEPARTMENT OF PUBLIC WORKS

Councilwoman reported the DPW crew has started painting the cross walks and stop bars and are filling the potholes throughout the Borough.� They will continue to send out� crews at least once per week, weather permitting.� There will be a paper shredding event on Wednesday, May 12^th at Union Public Works in Union Township from 9:00 am to 1:00 pm. �This is hosted by Union County.� There will also be a computer and electronics event at Union County College on Saturday, May 15^th from 9:00 am to 2:00 pm.� Councilwoman Sosnosky reported that Saturday, April 24^th, the Beautification Committee and Cub Scout Pack 83 planted annuals in the planters along the Boulevard.� She thanked Cub Scout Pack 83, their parents, Pack Leader Rick Cherego and Maryann Gasper and Wanda Grimaldi.� She also thanked the Beautification Committee members, Justine Mellilo, Trudy Neuhauser, Robert Porter and the newest member Maria Cardoso.

Kenilworth Council Meeting � April 28, 2010�� Page 4

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese reported on April 20, 2010 at approximately 9:00 pm, Patrolman Smith, Paster, Scuorzo and Sgt. David and Detective Sgt. Dowd responded to the Kenilworth Inn on a report of a suicidal subject in a room.� On arriving at the scene Patrolman Smith was able to make verbal contact with the subject through the door however the subject refused to answer the door claiming that he was sleeping.� The determination was then made to enter into the room with a pass key and thereafter Patrolman Paster and Smith conducted a sweep and discovered large amounts of blood all over the room along with a large knife that was next to the victim as he apparently cut both of his wrists to the bone.� The victim was lying face down on the bed bleeding severely from the self-inflicted wounds.� Patrolman Scuorzo, who was off duty, quickly went to get the first aid kit from the patrol vehicle that was parked outside while the remaining officers administered first aid inside. Patrolman Smith, Paster, Sgt. David secured the scene and the victim from potentially harming himself any further.� Patrolman Smith, Paster, Sgt. David and Detective Sgt. Dowd should all be commended and recognized for their heroic actions which directly resulted in saving the life of this individual.� In addition, Patrolman Scuorzo should be recognized for his off duty actions.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman Candarella had nothing to report.

DEPARTMENT OF RECREATION AND FIRE

Councilman Leary reported that this Sunday from 11:00 am to 4:00 pm the Fire Department and Rescue Squad will be having an open house at Fire Headquarters.� There will be equipment and hands-on demonstrations as well as food and refreshments.� He said it is opened to all residents and he encouraged all residents to bring their children.�

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Klinder reported the Salvation Army Kettle collection back in December took in over $2600.00.� Library circulation for the month of March was 4,255 which was a decrease from March of 2009. Library attendance for March was 5700 and increase of approximately 13% over March of 2009.

Kenilworth Council Meeting � April 28, 2010�� Page 5

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

CONSENT AGENDA

Resolutions No. 4 thru 8 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 Leary.� Upon roll call the vote was unanimous.

ORDINANCES AND RESOLUTIONS

Proposed Ordinance No. 2010-07 was read for a first reading as follows:� (Copy attached)

ORDINANCE NO. 2010-07

CALENDAR YEAR 2010

ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.14)

Mayor Fiamingo stated this is a first reading on an ordinance that pertains to budget appropriation limits to establish a cap bank.� The hearing will be held on May 26^th at which time anyone can comment.

��

RESOLUTION NO. 1

Introduced by Brian Joho, adoption by same

Seconded by Fred Pugliese

Be It Hereby Resolved:� That Proposed Ordinance No. 2010-07 be and the same is hereby passed on first reading and ordered published for final hearing on May 26, 2010

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

Kenilworth Council Meeting � April 28, 2010�� Page 6

RESOLUTION NO. 2 - INTRODUCTION OF THE 2010 MUNICIPAL BUDGET

Introduced by Brian Joho, adoption by same

Seconded by Sal Candarella

Be It Resolved, that the following statements of revenues and appropriations shall constitute the Municipal Budget for the year 2010;

Be it Further Resolved, that said budget be published in the Cranford Chronicle.� In the issue of May 7, 2010;

The Governing Body of the Borough of Kenilworth does hereby approve the following as the budget for the year 2010;

A hearing on the budget and tax Resolution will be held at the Municipal Building, on June 9, 2010 at 8:00 P.M. at which time and place objections to said budget and tax resolution for the year 2010 may be presented by taxpayers or other interested persons.

Borough Clerk Hedy Lipke stated the bottom line of the budget is $14,187,825.12.

The Mayor said they are putting off the budget hearing until June 9^th.� She said we are putting it off until then because at the May 26^th meeting we will holding the Youth In Government Meeting.

Recorded Vote: ��Candarella voted yes, Joho voted yes, Klinder voted yes, Leary voted yes, Pugliese voted yes and Sosnosky voted yes.

The Mayor stated that as everyone knows, Chief Dowd recently announced his plans to retire effective, June 30^th.�Mayor Fiamingo said it fell upon her to make a recommendation to council for the next chief�she said she cannot say �replacement� because no one can replace Chief Dowd.� She said they did their best in determining who that replacement should be.� She said it was a very difficult decision as they had several very qualified candidates. She said she is very confident in her determination that the individual that she is recommending is the choice that will be the best for the Borough.� She said she is appointing Lt. Kenneth Grady, Sr. as the next Chief of Police.

Mayor Fiamingo said Lt. Grady has been a valued member of the Police Department for 24 years and has had a great deal of education in police supervision and police affairs.� He is a Vietnam Veteran and has a lot of respect for his department and also for the residents of Kenilworth.� The Mayor said she feels extremely confident that he will be a wonderful Chief upon Chief Dowd�s retirement on June 30^th.

Kenilworth Council Meeting � April 28, 2010�� Page 7

RESOLUTION NO. 3

Introduced by Fred Pugliese adoption by same

Seconded by Scott Klinder

Be It Hereby Resolved: That LIEUTENANT KENNETH P. GRADY be appointed Kenilworth Chief of Police as of July 1, 2010 subject to contract negotiations.

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

Mayor Fiamingo congratulated Lt. Grady and there was a round of applause from the audience.�

Lt. Grady thanked everyone for their support and said he is looking forward to working with everyone even though he has some big shoes to fill.

RESOLUTION NO. 4

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

RESOLUTION NO.5

Be It Hereby Resolved:� ��

WHEREAS, a fee has been collected for removal of a water cooler in the amount of $25.00 and,

WHEREAS, the permit has been found not to be used.

NOW, THEREFORE, BE IT RESOLVED that the Treasurer be authorized to

draw a warrant in the amount of $25.00 payable to the order of:

��

Pat Kovacs

127 North 19^th St.

Kenilworth, NJ� 07033

RESOLUTION NO. 6

WHEREAS, H & G Legal Services paid the property taxes for the 1^st quarter of 2010 for the property located at 416 North 16^th Street, Kenilworth, NJ, and;

WHEREAS, this resulted in a tax overpayment for the 1^st quarter of 2010;

Kenilworth Council Meeting � April 28, 2010�� Page 8

WHEREAS, H & G Legal Services has requested that the overpayment of the 1^st quarter be refunded to the homeowner;

NOW, THEREFORE BE IT RESOLVED that the Treasurer, after proper notification 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

��

4�� 22�� Joao Ferreira�� $1,973.60

�� 416 North 16^th St.

�� Kenilworth, NJ� 07033

�� TOTAL $1,973.60

RESOLUTION NO. 7

BE IT HEREBY RESOLVED:� That the following be employed as a part-time Recreation

Department Softball Umpire at a rate of $30.00 per game:

��

�� Amy Lynn Roman

��

RESOLUTION NO. 8

RESOLUTION OF THE BOROUGH OF KENILWORTH

�� AUTHORIZING INCREASE IN DEFERRED SCHOOL TAXES

�� FOR LOCAL SCHOOL AND REGIONAL HIGH SCHOOL TAXES

WHEREAS, the Division of Local Government Services requires that the Governing Body of any municipality which has Deferred School Taxes must authorize any increase in the deferral of any additional amounts, and

WHEREAS, the Governing Body has decided that an increase in Deferred School Taxes is in the best interest of the Borough of Kenilworth at this time,

NOW, THEREFORE, BE IT RESOLVED by the Governing Body that the following Deferred School Taxes be hereby increased for the year ended December 31, 2009 as follows:

�� Deferred

�� Local

�� School Taxes�

Amount Deferred 12/31/2009�� $7,901,843.00

Kenilworth Council Meeting � April 28, 2010�� Page 9

Amount Deferred 12/31/2008�� 7,550,367.50

�� $351,475.50

BE IT FURTHER RESOLVED by the Governing Body that a certified copy of this resolution be filed with the Director of the Division of Local Government Services.

Adopted this 28th day of April, 2010, and certified as a true copy of an original.

�� _____________________________��

Clerk

Proposed Ordinance No. 2010-05 was read for a first reading as follows:� (Copy attached)

ORDINANCE NO. 2010-05

AN ORDINANCE PROVIDING THAT $9,625.40 ORIGINALLY APPROPRIATED FOR VARIOUS PROJECTS ARE NO LONGER NEEDED FOR SUCH PURPOSES AND REAPPROPRIATING SUCH PROCEEDS IN ORDER TO PROVIDE FOR THE BOILER REPLACEMENT FOR THE RECREATION CENTER BUILDING IN AND BY THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, NEW JERSEY

Mayor Fiamingo stated this is an ordinance that allows us to utilize funds for a project that was not fully utilized to replace the boiler which needed to be replaced at the Recreation Center.� The second reading will be May 26^th at which time the public is invited to speak.

��

RESOLUTION NO. 9

Introduced by Brian Joho, adoption by same

Seconded by Scott Klinder

Be It Hereby Resolved:� That Proposed Ordinance No. 2010-05 be and the same is hereby passed on first reading and ordered published for final hearing on May 26, 2010.

Upon roll call all in favor.

Kenilworth Council Meeting � April 28, 2010�� Page 10

Proposed Ordinance No. 2010-06 was read for a first reading as follows:� (Copy attached)

ORDINANCE NO. 2010-06

AN ORDINANCE PROVIDING THAT $31,690.98 ORIGINALLY APPROPRIATED FOR VARIOUS PROJECTS ARE NO LONGER NEEDED FOR SUCH PURPOSES AND REAPPROPRIATING SUCH PROCEEDS IN ORDER TO PROVIDE FOR THE AQUSITION OF FIRE DEPARTMENT TURNOUT GEAR IN AND BY THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, NEW JERSEY

Mayor Fiamingo stated this is a first reading on an ordinance that takes funds out

of old ordinances and appropriating them for the purpose of replacing some of the

turn-out gear at the Fire Department that needed to be replaced.� The second

reading will be on May 2th at which time the public is invited to speak.

�RESOLUTION NO. 10

Introduced by Brian Joho adoption by same

Seconded by Scott Klinder

Be It Hereby Resolved:� That Proposed Ordinance No. 2010-06 be and the same is hereby passed on first reading and ordered published for final hearing on May 26, 2010.

Upon roll call all in favor.

Motion was made by Councilwoman Sosnosky, seconded by Councilman Klinder� to open the meeting to the public.

MEETING OPEN TO THE PUBLIC

Livio Mancino, 102 North 24^th Street � Mr. Mancino asked the Mayor and Council to send a letter to Union County Roads Department asking them to redo the area of Washington Avenue by St. Theresa�s. Mr. Mancino commended Councilman Leary on the way that the Recreation is being run.� He said some of the cuts on the School Board�s part are going to fall on the Recreation Department and hopefully they can provide for the change.� Councilman Leary thanked Mr. Mancino.� Mr. Mancino stated he was unhappy about the appointment of Lt. Grady to Police Chief.� He said this is a quasi military organization and the Mayor should not have jumped some of the people who have had outstanding records.� He said he is not putting down Lt. Grady but other people had 33 years of service. He said

Kenilworth Council Meeting � April 28, 2010�� Page 11

he was moved up to be a Captain and if he was not qualified then he should not have been promoted.� He said he realized it is the Mayor�s decision but that is not the American way. �He commended Officer Grady but he said the Mayor has negated the fact that police officers work for all their lives� so that they can be Sergeants, Lieutenants, Captains then eventually Police Chiefs.� He said people should come up through the ranks.

Lynn Errante, 738 Lexington Ave. � Mrs. Errante said she has been a Kenilworth resident for 26 years.� She said she would like to address her concerns about the appearance of Lexington Ave.� She said she purchased her home in 1984 and at the time there were 3 homes on her street and rest were businesses and everyone on the street maintained their properties.� She said now sometimes it is like a war zone with all the smoke and noise and it is unbearable.� She said in the last few years she has seen the rest of the town getting new streets, curbs and generally getting cleaned up and by the way the town looks good.� She said everything on Lexington Avenue has been going downhill fast.� She said it has become a dumping ground for construction crews, trailers and other vehicles.� She said there was a time when she could open her windows on a nice day but because of the diesel fuel everything turns black with soot inside her house because they leave their trucks running for long periods of time.� There is a truck parked next to our house that has not had a gas cap on the fuel tank for years.� She said needless to say because of the rain, the tank continues to overflow.� On a hot day they cannot go into their back yard because of the diesel fuel smell.� The noise is totally unbearable 24 hours a day even on holidays.� They run the trucks for hours not doing anything.� On numerous occasions the Kenilworth Police Department has responded to our complaints however the problem persists.� The new Diesel Risk Reduction Law PL 2005 B219 enacted on September 7, 2005 and NJHB 727:14 requires that Diesel powered vehicles idle for no more than 3 minutes. �Vehicle drivers and property owners will be issued a Field Notice violation by the DEP.� Fines are up to $3,000.00 for commercial vehicles and property owners.� When they work on the trucks they are on a dirt lot, which she believes is illegal.� She said there is motor oil and diesel fuel leaking into the ground due to this work being performed.� She said she is forced to constantly pick up the garbage that ends up in her yard like coffee cups, fast food wrappers, antifreeze containers and much more.� She said it makes her wonder what else goes on over there.� She asked the Mayor and Council what could be done to address and rectify the situation once and for all.� Ms. Errante gave pictures for all the Council Members.�

The Mayor said she cannot answer all the questions right now but she will certainly look into the situation.�

Paulette Drogon � Ms. Drogon said this morning they had an Appreciation Breakfast for all the people who helped on the Salvation Army Kettle Collection.� She gave certificates to the Mayor and Councilman Pugliese who were not able to

Kenilworth Council Meeting � April 28, 2010�� Page 12

attend the breakfast.� She thanked the Mayor and Chief and anyone else for their continued support on this endeavor and said she could not do it without them. �She was told next year they would be getting mugs. Paulette said Councilman Klinder helped out and was at the breakfast this morning.�

John, Kingston Avenue � He said every couple of weeks a Borough employee runs a street sweeper up the middle of Kingston Avenue.� He said Kingston Avenue is basically a post office parking lot and it is a wasted effort.� He asked if the Council would consider alternate side of the street parking on street sweeping days or something so that they can actually sweep the street rather than just drive up the middle of it?

The Mayor said that is something they are taking into consideration because it is a problem.

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

GENERAL BUSINESS

Mayor Fiamingo said she is appalled at the comments made this evening regarding Lt. Grady.� She said the appointment was no reflection on anyone else and she felt it was her obligation to make the best decision and that decision was to appoint Lt. Grady. She said the Council voted unanimously to approve the promotion. �She said she will not dignify the comments relative to anyone else�s ability or lack of ability. Her belief was that she did what was best for the Borough and the Police Department. ��

All the Council Members offered their congratulation�s to Lt. Grady.

�ADJOURNMENT

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

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