Council Minutes from 7/14/2010

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, JULY 14, 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 June 21, 2010 and the Regular Council Meeting of June 22, 2010 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS:

Letter from the Central Jersey Road Runners Club requesting approval for their �31^st Annual Fall Classic 4 Mile Road Race� on Sunday, August 29, 2010
Letter received from residents of Beechwood Avenue requesting their street be repaved

and also complaining about the overgrown vegetation which is on the Roselle Park side but which they contend is the responsibility of the Morristown & Erie Railway.

Letter from residents of Richfield Avenue asking that the Zoning Ordinance be changed back to Light Industry on Market Street where Restaurant Depot is presently located.
Request for a block party from residents of Passaic Avenue on Saturday, August 14^th.

REPORTS

1. �Borough Clerk�s Report for the month of June, 2010.

2. Fire Department Report for the month of June, 2010.

3. Construction Report for the month of June, 2010.

�It was moved by Councilwoman Sosnosky, 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 regarding the letter from the residents of Beechwood Avenue, they have contacted the railroad and since the property is owned by the County and NJDOT,� it was not the railroads problem and they should not have to clean up the mess.� They said they would contact the County and SLAP, which is the Sherriff Labor Assistance Program, and have them clean up the overgrown vegetation.� The Mayor asked Chief Grady to follow up and he has already sent off a letter to the County requesting they attend to the situation.

COUNCIL MEETING � JULY 14, 2010�� Page 2

The Mayor reported the 2010 Senior Olympics will be held on September 10^th thru September 12^th.� Registration is by August 27, 2010.� She said you can get more information from Borough Hall or by calling 973-618-1111.� She said some of the events are billiards, bocce ball, darts, fencing and golf. She said a senior is anyone over the age of 50.

The Mayor reported the New Jersey Office of Emergency Management has put out some tips for heat safety.� Most of them are common sense like staying indoors in the air-conditioning and if you do go outside stay in the shade.� If your home is not air-conditioned you should spend at least 2 hours daily at an air-conditioned mall, library or store.� Also wear sun screen outdoors along with loose fitting light colored clothes.� Drink water regularly to keep hydrated and limit your alcohol and sugar drink intake which speeds dehydration. Never leave children or pets in the car alone. Avoid exertion during the hottest part of the day.� Take a cool shower or bath and be a good neighbor and check on the elderly and those who have special needs.� ��

DEPARTMENT OF FINANCE

Councilman Joho reported that yesterday Governor Christie signed into law the landmark 2% Property Tax Cap Bill.� He will be reviewing the full implications this will have on the Borough�s 2010 budget.� He will be consulting with our accountant and start work toward formulating a compliant 2011 budget.� Our challenge will be dealing with contractual obligations.� The 2010 first and second quarter tax collection rate is 98.68% as of June 30, 2010.� The 2010 Tax Sale was held on June 29, 2010 and the total revenue to the Borough from outside bidders was $28,554.80.� Year to date revenues have exceeded the prior years by $925,000.00 and expenditures are tracking 1,263,000.00 less than last year at this time. The 2010 Third Quarter estimated tax bills were distributed last week.� Payments for this bill are due on or before August 1, 2010.

DEPARTMENT OF PUBLIC WORKS

Councilwoman Sosnosky reported the DPW crew has been working on curbside brush pickup, maintenance of the sanitary sewers and landscaping Borough property and parks. On Wednesday, July 7^th a large tree limb fell to the ground, pulling down all the utility wires on South 23^rd Street.� After PSE&G put the wires back up, our crew removed the tree limbs and cleaned up the debris.

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese reported the Kenilworth Police Department has applied for a $4,400.00 grant from the New Jersey Division of Highway Safety for the �Over the Limit, Under Arrest� campaign.� They have also received another grant in the amount of $4,000.00 as a result of the �Click It or Ticket� campaign. Councilman Pugliese has received the monthly activity reports for the Detective Bureau.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman Candarella reported he has reviewed the Construction Report and the Zoning Report for the month of June and they are all in order.

COUNCIL MEETING � JULY 14, 2010�� Page 3

DEPARTMENT OF RECREATION AND FIRE

Councilman Leary reported the Recreation Department is having Kenilworth Swim Night on Saturday, July 17^th at Orange Avenue Pool in Cranford.� Light refreshments will be served.� On Thursday, July 22, 2010 at 5 PM is Mini Golf Night at the Hyatt Hill in Clark.� Sign ups are required.� The Kenilworth Fire Department Carnival will be held this year from August 16^th thru August 21^st.� For information on recreation events you can visit the web site at www.kenilworthrecreation.com .� For more information regarding the carnival you can visit www.kenilworthfire.org .� Councilman Leary read a letter addressed to Fire Chief Lou Giordiano from Joseph Signarella, Jr., Chief of Roselle Park Fire Department that read �Thank you for your recent mutual aid support during a fire on May 31^st at 380 E. Westfield Ave.� The 4:00 am call was on a busy holiday weekend when extra fire fighters were needed.� As always, your members performed in a professional manner.� In our time of greatest need we can always count on our neighboring firefighters.� Councilman Leary said we have a great Fire Department and Rescue Squad and it is nice to see that we can give help and be recognized for it.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Klinder reported the Library will feature �Penguin Pointers� with a live penguin from Jenkinson�s Aquarium on Wednesday, July 28^th from 7 to 8 PM. Preregistration is required.� LibraryFest 2010 summer reading grand finale will be held at David Brearley High School Cafeteria on Wednesday, August 4^th from 5:00 PM to 7:30 PM. The final presentation of Bard on the Boulevard will be on August 5th.� Councilman Klinder said back in June he attended a meeting with the County Engineering Division and they are going to start building the bike path connecting Black Brook Park with Nomehegan in the coming weeks and they hope to have it done by the fall.� He had the plans if anyone would like to see them. ��

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

CONSENT AGENDA

Resolutions No. 1 thru 7 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

Be It Hereby Resolved:� That the Chief Financial Officer be authorized to make payments for necessary obligations prior to the next regularly scheduled Council Meeting on August 25, 2010.

COUNCIL MEETING � JULY 14, 2010�� Page 4

RESOLUTION NO. 3

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

��

#990� Ken Carlson Jr. Memorial Foundation for a Casino Night on November 6, 2010 at 33 South 21^st Street, Kenilworth, NJ.

#991� Ken Carlson Jr. Memorial Foundation for an On-Premise 50/50 Raffle on November 6, 2010 at 33 South 21^st Street, Kenilworth, NJ.

#992� Kenilworth Bears for an On-Premise 50/50 Raffle on September 9 &14 and October 3 & 17.

#993 Kenilworth Bears for an Off-Premise Calendar Raffle on September 21 & 30, October 7, 14, 21 & 28, November 3, 10 and 15.

RESOLUTION NO. 4

WHEREAS, Cranford P.B.A. paid for police outside duty and fees were received by the Kenilworth Police Department, and

WHEREAS, it has been determined that all dates were not covered by police officers and a refund is due,

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

Amount of $175.00 refunded to:�� Cranford PBA

�� P.O. Box 464

�� Cranford, NJ 07016

0-01-25-745-015 - $150.00

0-01-23-730-000 - $25.00

RESOLUTION NO.5

Whereas, the Borough of Kenilworth held a tax sale on June 12, 2008 for delinquent 2007 property taxes, and a tax lien was purchased by MMU, LLC on property located at 12 Brasser Lane, Kenilworth, NJ, and

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

Whereas, the Lien holder paid to the Collector of Taxes a premium in the amount of $15,100.00 and since the statutory period of five years has not passed, these funds must also be returned.

COUNCIL MEETING � JULY 14, 2010�� Page 5

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 #08-00003 by the Collector of Taxes:

MMU, LLC

145 Franklin Turnpike, Suite 324

Ramsey, NJ 07446

REDEMPTION AMOUNT

$23,398.56

PREMIUM TRUST ACCOUNT

$15,100.00

Treasurer�s Note: 1099 = $3,323.95

RESOLUTION NO. 6

WHEREAS, the Borough of Kenilworth desires to apply for grant funds for a KIDS

RECREATION TRUST GRANT-2010 available from the County of Union; and

WHEREAS, in order to obtain such a grant, it is necessary for the Borough of Kenilworth

to submit an application and to enter into an agreement with the County of Union with regards to

such grant.

WHEREAS, the Borough of Kenilworth and Kenilworth Board of Education is applying for a grant for the following:

�� Equipment:

�� Grant Request�� $17,150

�� Matching Funds�� $17,150

�� $34,300�� Total Project

WHEREAS, the Borough of Kenilworth agrees to provide the match of the above as

required.

NOW, THEREFORE, BE IT RESOLVED that the Mayor of the Borough of Kenilworth

be hereby authorized to request and execute any and all documents necessary for the submission and completion of such application on behalf of the Borough of Kenilworth.

RESOLUTION NO. 7

WHEREAS, the New Jersey Transportation Trust Fund Authority Act has provided funds for the improvement of municipal projects through the New Jersey Department of Transportation; and

WHEREAS, the New Jersey Department of Transportation will accept applications for projects through its Division of Local Aid; and

COUNCIL MEETING � JULY 14, 2010�� Page 6

WHEREAS, the Borough of Kenilworth desires to apply for a grant for local aid funds for improvement of a municipal roadway called Washington Avenue from Michigan to dead end (just past No. 18th).

WHEREAS, the Borough Engineer has prepared the application for the grant for local aid for section of roadway called Washington Avenue; and

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Borough Clerk are authorized to execute and attest the application and agreement for municipal aid to be submitted to the New Jersey Department of Transportation.

I hereby certify that the above is a true

And exact copy of the Resolution adopted

by the Borough Council of the Borough of

Kenilworth at a Council Meeting held on

July 14, 2010

______________________________________Hedy Lipke, Borough Clerk

��

Proposed Ordinance No. 2010-09 was read for second reading as follows:� (Copy appears in Minutes of June 22, 2010)

ORDINANCE NO. 2010-09

ORDINANCE PROVIDING THAT $15,467.77 ORIGINALLY APPROPRIATED FOR VARIOUS PROJECTS ARE NO LONGER NEEDED FOR SUCH PURPOSES AND REAPPROPRIATING SUCH PROCEEDS IN ORDER TO PROVIDE FOR THE REMOVAL OF AN UNDERGROUND OIL TANK AND RELATED SITE REMEDIATION IN AND BY THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, NEW JERSEY.

Mayor Fiamingo said this ordinance re appropriates funds so that we could remove

an old leaking tank at the OEM building.

Mayor Fiamingo opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2010-09.

No one wished to speak.

Mayor Fiamingo closed the hearing on Proposed Ordinance No. 2010-09.

RESOLUTION NO. 8

Introduced by Sal Candarella, adoption moved by same

Seconded by Scott Klinder

Be It Hereby Resolved: that Proposed Ordinance 2010-09 be and the same is hereby passed on second and final reading an ordered published according to law.

Roll Call:� All in favor.

COUNCIL MEETING � JULY 14, 2010�� Page 7

Proposed Ordinance No. 2010-10 was read for first reading as follows: (Copy attached)

ORDINANCE NO. 2010-10

ORDINANCE PROVIDING THAT $2,176.51 ORIGINALLY APPROPRIATED FOR VARIOUS PROJECTS ARE NO LONGER NEEDED FOR SUCH PURPOSES AND REAPPROPRIATING SUCH PROCEEDS IN ORDER TO PROVIDE FOR ADDITIONAL FUNDING TO ORDINANCE NO. 2010-09 FOR THE REMOVAL OF AN UNDERGROUND OIL TANK AND RELATED SITE REMEDIATION IN AND BY THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, NEW JERSEY.

Mayor Fiamingo stated this ordinance provides for additional funds for the removal of the underground oil tank and remediation of contamination of the site.� The second reading will be held on August 25, 2010 and anyone who wishes to speak on Ordinance 2010-10 may do so at that time.

RESOLUTION NO. 9

Introduced by Sal Candarella adoption moved by same.

Seconded by Scott Klinder

Be It Hereby Resolved:�� That Proposed Ordinance No. 2010-10, be and the same is hereby passed on first reading and ordered published for final hearing on August 25, 2010.

Roll Call:� All in favor

Proposed Ordinance No. 2010-11 was read for first reading as follows: (Copy attached)

ORDINANCE NO. 2010-11

ORDINANCE PROVIDING THAT $57,460.13 ORIGINALLY APPROPRIATED FOR VARIOUS PROJECTS ARE NO LONGER NEEDED FOR SUCH PURPOSES AND REAPPROPRIATING SUCH PROCEEDS IN ORDER TO PROVIDE FUNDING FOR RENOVATIONS TO VARIOUS MUNICIPAL FACILITIES IN AND BY THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, NEW JERSEY.

Mayor Fiamingo stated this ordinance appropriates funds from old ordinances that were not

needed for other purposes to make needed improvements to various facilities including the

air conditioning in Borough Hall.� The second reading will be on August 25, 2010 and

anyone who wishes to speak on Ordinance 2010-11 may do so at that time.

RESOLUTION NO. 10

Introduced by Sal Candarella adoption moved by same.

Seconded by Scott Klinder

Be It Hereby Resolved:�� That Proposed Ordinance No. 2010-11, be and the same is hereby passed on first reading and ordered published for final hearing on August 25, 2010.

Roll Call:� All in favor

COUNCIL MEETING � JULY 14, 2010�� Page 8

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

MEETING OPEN TO THE PUBLIC

Livio Mancino, 102 North 24^th Street � Mr. Mancino said that any comments he has ever made at these council meetings are strictly from Livio Mancino and not representing the Kenilworth Board of Education.� He said if there is anything in the record that shows he has done otherwise he would like to be made aware of it.� He said it has been alleged that he has come to the meetings speaking on behalf of the Board of Education.� Mr. Mancino said people ask him where the money is coming from for the work they are doing at the school and his answer is that the money is from the referendum that was passed two years ago.� He said for every dollar spent, the State gave .40 and we paid .60.� He said there is no increase to anyone for work being done this year because it has already been built into the budget and is going to be paid over the next 20 years.� Mr. Mancino asked if any raises have been given to anyone in the Municipality?.� The Mayor said other than the ones that were contracted a few years ago.� Mr. Mancino said that if he worked for the Borough in 2010 he would not have received a raise unless it was contractual?� The Mayor said yes. Mr. Mancino asked how much was the Borough�s increase on the 2010 budget?� The Mayor said the increase in the budget on the spending side was less than 1%.� She said unfortunately because of the reduction of $300,000.00 in State Aid and other reduced revenues the actual for the tax levy was about 5%.� The spending increase was barely $100,000.00 over last year. Mr. Mancino asked if the municipal part of his tax bill was $3,000.00 then if he takes 5% of that it should be 150.00?� The Mayor said the average increase was $98.00.� Mr. Mancino asked what the County added to that? Councilman Joho did not have that information in front of him.�

No one else desiring to be heard, a motion was made by Councilman Leary, seconded by Councilwoman Sosnosky to close the meeting to the public.

GENERAL BUSINESS

Mayor Fiamingo extended her thanks to the Police Department, the Fire Department and the Board of Education for our successful Fire Works display.� She said only through the efforts of all three of those organizations we were able to have a very nice display of fireworks.

Councilman Pugliese reminded everyone that Tuesday, August 3^rd is National Night Out. If anyone is interested in having a Block Party to contact the Police at 908-276-1700.�

The Mayor reminded everyone that the next Council Meeting is not until August 25^th.

COUNCIL MEETING � JULY 14, 2010�� Page 9

ADJOURNMENT

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

8:30 P.M.�� Respectfully submitted,

��

�� Hedy Lipke, Borough Clerk��

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