Council Minutes from 9/8/2010

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, SEPTEMB ER 8, 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 Special Closed Session of August 24, the Work Session Meeting of August 24 and the Regular Council Meeting of August 25, 2010� be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS:

Request for a Block Party received from Cynthia Jankiewicz, 521 Richfield Avenue for Richfield Avenue on Saturday, September 18, 2010.

REPORTS

�Police Department Report for the month of August, 2010.
Construction Department Report for the month of August 2010.
Borough Clerk�s Report for the month of August, 2010.
Fire Department/Rescue Squad Report for the month of August, 2010.

�It was moved by Councilman Leary, seconded by Councilwoman Sosnosky, �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 reminded everyone that this Saturday, September 11^th at Borough Hall at 11:00 am will be the annual memorial service. The Chief of Police has arranged for a service in commemoration of the events of September 11^th.� The ceremony will be held outside of Borough Hall and if there is inclement weather it will be held in the Court Room.��

Also on September 11^th and 12^th� the town-wide Garage Sale will be hosted by the Historical Society.� She said it is a very well attended event for people from out of town and so far there are 180 sign-ups.

The Freedom Run, also sponsored by the Historical Society, will be held on September 26, 2010.� It is a 5K Run and a 2K walk.� If you would like to sign up you can go to the Clerk�s Office.� She said it is a good idea to pre-register so that you can get your tee shirt and other little goodies that they offer.

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On October 24^th the Pride In Kenilworth will be hosting the Octoberfest.� She said last year it was a very successful event and hopefully the weather will hold up and we will have another successful event.

The Mayor said Harding School and David Brearley High School are both commemorating September 11^th by asking for donations of canned foods to be dropped off at the school between September 10^th thru September 17^th^.��The food will be donated to the local food pantry.� She said last year the President requested that as a remembrance of September 11^{th �}�people do a day of service to acknowledge September 11^th.�

DEPARTMENT OF FINANCE

Councilman Joho reported there is a Resolution on the Agenda attesting that all members of the Governing Body have received and reviewed the 2009 Annual Audit.� He said he is pleased to report that the Auditors did not identify any deficiencies in our internal controls that would be considered a material weakness.� He said he looks forward to next year�s audit report with our new Finance Officer.

DEPARTMENT OF PUBLIC WORKS

Councilwoman Sosnosky reported the Department of Public Works Crew has been working on curbside brush pick-up, painting yellow curbs and filling potholes.

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese reported during the month of August the Kenilworth Police Department conducted two separate DWI check points which resulted in multiple DUI arrests, summonses as well as drug arrests. The Police Department has been monitoring the new Harding School drop-off, pick-up zone for the first couple of days of school and it has been working relatively well.� There were some rough points but overall it is working pretty well.� The Police Department will continue to monitor it for the next couple of weeks and make recommendations.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman Candarella reported he received the first draft of the land-use section of the Master Plan and it is being reviewed by all.� They will follow with suggested changes and once those changes are made they will bring it to the public but before that they will put the rest of the sections together so that when they present it to the public it will be a complete Master Plan.

DEPARTMENT OF RECREATION AND FIRE

Councilman Leary recognized the passing of Fire Fighter Sal Cirillo who had 12 years of service in the Kenilworth Volunteer Fire Department.� He offered his condolences to the family.

Mayor Fiamingo said Mr. Cirillo served on the Planning Board and was very active in the Community.� She said he will be missed.

Council Meeting � September 8, 2010�� Page 3

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Klinder reported the Board of Health will sponsor the Health Fair on Saturday, September 25^th at St. Theresa�s School from 9:00 am to 12:00 pm.� If you are having blood work done you should fast the night before. He said there will be a Flu Clinic on Wednesday, September 29^th from 9:00 am to 12:00 pm at the Senior Citizen Center.

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

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 Klinder moved that all items under Consent Agenda be approved, seconded by Councilman Candarella.� 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, N.J.SA. 40A:5-4 requires the governing body of every local unit to have made an annual audit of its books, accounts and financial transactions; and

WHEREAS, The Annual Report of Audit for the year 2009 has been filed by a Registered Municipal Accountant with the Municipal Clerk as per the requirements of N.J.S. 40A:5-6, and a copy has been received by each member of the governing body; and

WHEREAS, The Local Finance Board of the State of New Jersey is authorized to prescribe reports pertaining to the local fiscal affairs, as per R.S. 52:27BB-34; and

WHEREAS, The Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring that the governing body of each municipality shall by resolution certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, as a minimum, the sections of the annual audit entitled �Comments and Recommendations; and

WHEREAS, The members of the governing body have personally reviewed a minimum the Annual Report of Audit; and specifically the sections of the Annual Audit entitled �Comments and Recommendations�, as evidenced by the group affidavit form of the governing body attached hereto; and

WHEREAS, Such resolution of certification shall be adopted by the Governing Body no later than forty-five days after the receipt of the Annual Audit, pursuant to N.J.A.C. 5:30-6.5; and

Council Meeting � September 8, 2010�� Page 4

WHEREAS, All members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board; and

WHEREAS, Failure to comply with the promulgations of the Local Finance Board of the State of New Jersey may subject the members of the local governing body to the penalty� provisions of R.S. 52:27BB-52 to wit:

R.S. 52:27BB-52 � �A local officer or member of a local governing body who, after a date fixed for compliance, fails or refuses to obey an order of the director (Director of Local Government Services) under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fined not more than one thousand dollars (1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office.

NOW, THEREFORE, BE IT RESOLVED, That the GOVERNING BODY OF THE BORUGH OF KENILWORTH, hereby states that it has complied with N.J.A.C. 5:30-6.5 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance.

I HEREBY CERTIFY THAT THIS IS A TRUE COPY OF THE RESOLUTION PASSED AT THE MEETING HELD ON September 8, 2010.

RESOLUTION NO. 3

BE IT HEREBY RESOLVED:�� That the 2009 Audit Corrective Action Plan submitted by the Finance Officer of the Borough of Kenilworth as attached, be and the same is hereby approved; and

BE IT FURTHER RESOLVED that a certified copy of the 2009 Corrective Action Plan be sent to the Division of Local Government Services.

RESOLUTION NO.4

WHEREAS, Core Logic Mortgage Services paid the property taxes for the 2^nd quarter of 2010 for four properties located in Kenilworth, NJ at 135 North 20^th Street, 48 South 22^nd Street, 649 Passaic Avenue and 362 Oakwood Avenue, and;

WHEREAS, this resulted in a tax overpayment for the 2^nd quarter of 2010 for each of the four properties, and;

WHEREAS, Core Logic has requested that the overpayments of the 2^nd 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�� Amount

�� 51�� 11�� $ 1,469.12

�� 117�� 10�� $ 1,212.16

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135�� 8�� $ 1,348.09

�� 169�� 11�� $ 1,739.11

�� TOTAL�� $ 5,768.48

�� PAYABLE TO:�� Core Logic

�� Refunds Unit, DFW 1-3

�� 1 Core Logic Drive

�� Westlake, TX 76262

RESOLUTION NO. 5

WHEREAS, Capital Ordinance #2010-11 re-appropriating certain bond authorizations was passed on final reading on August 25, 2010, and;

WHEREAS, said Capital Ordinance overstated the remaining balance of one of the canceled bond authorizations in the amount of $2,176.51, and;

WHEREAS, this resulted in the aggregate total of the new ordinance being overstated by $2,176.51.

NOW, THERFORE BE IT RESOLVED that the correct amount of Ordinance #2000-19 to be cancelled is $12,843.58 and the correct amount of Ordinance 2010-11 shall be $55,283.62, and:

BE IT FURTHER RESOLVED that the Treasurer will make the corrections with the proper balances as stated below.

�� ORIGINALLY�� CORRECTED TO

Ordinance #2000-19 to be cancelled�� $15,020.09�� $12,843.58

Ordinance #2010-11 to be ennacted�� $57,460.13�� $55,283.62

RESOLUTION NO. 6

Be It Hereby Resolved:�� That the following be appointed as Probationary Fire Fighter/EMT�S on the Kenilworth Volunteer Fire Department:

Erin Higgins � Probationary Fire Fighter/EMT

Saleem Lawson - Probationary Fire Fighter/EMT

Justin Toro - Probationary Fire Fighter/EMT

�� Daniel Lueddeke - Probationary Fire Fighter/EMT

Carmen L. Giordino EMT/Cadets

James F. Hannon EMT/Cadets

Michael Laganga EMT/Cadets

Council Meeting � September 8, 2010�� Page 6

RESOLUTION NO. 7

BE IT HEREBY RESOLVED: �� That ATLANTIC FLAGS AND FLAGPOLES CO. �be authorized to supply and install street decorations for the 2010 Holiday Season for a total price of $8750.00, as listed below per the attached Agreement.� Decorations to be installed on or before Thanksgiving.

�� 16 � 6� Silhouette Snowflakes

�� 10 � 4� Wreaths Deluxe

Payment for 2010 to be made as follows:

��

�� 50% Deposit Due Upon Confirmation�� $4,375.00

�� 50% Upon Removal�� $4,375.00

Prices are for three (3) year contract (2010, 2011 & 2012).� Also decoration of the front of Borough Hall is included in the price.

Be It Further Resolved that pursuant to N.J.A.C. 5:34-5.1 et seq Local Public Contracts Law, the required Certificate of Availability of Funds has been obtained from the Chief Finance Officer of the Borough of Kenilworth.� The appropriation to be charged for this expenditure is:�

Celebration of Public Events - #0-01-28-796-000

CERTIFICATION OF FUNDS

DATE ____________________

APPROPRIATION:________________��

�� _________________��

�� TREASURER

��

RESOLUTION NO. 8

BOROUGH OF KENILWORTH

RESOLUTION SUPPORTING PARTICIPATION

IN THE SUSTAINABLE JERSEY MUNICIPAL CERTIFICATION PROGRAM

WHEREAS, a sustainable community seeks to optimize quality of life for its residents by ensuring that its environmental, economic and social objectives are balanced and mutually supportive; and

�

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WHEREAS, the Borough� of Kenilworth strives to save tax dollars, assure clean land, air and water, improve working and living environments as steps to building a sustainable community that will thrive well into the new century; and

WHEREAS, the Borough of Kenilworth hereby acknowledges that the residents of Kenilworth desire a stable, sustainable future for themselves and future generations; and

WHEREAS, the Borough of Kenilworth wishes to support a model of government which benefits our residents now and far into the future by exploring and adopting sustainable economical-sound, local government practices; and

WHEREAS, by endorsing a sustainable path Kenilworth is pledging to educate itself and community members further about sustainable activities and to develop initiatives supporting sustainable local government practices; and

WHEREAS, as elected representatives of the Borough of Kenilworth, we have significant responsibility to provide leadership which will seek community-based sustainable solutions to strengthen our community;

NOW THEREFORE BE IT RESOLVED, that to focus attention and effort within Kenilworth on matters of sustainability, the Mayor and Council wish to pursue local initiatives and actions that will lead to Sustainable Jersey Municipal Certification.

BE IT FURTHER RESOLVED, by the Mayor and Council of the Borough of Kenilworth that we do hereby authorize Robert Ordway, CFO to serve as Kenilworth�s agent for the Sustainable Jersey Municipal Certification process and authorize him to complete the Municipal Registration on behalf of the Borough of Kenilworth.

RESOLUTION NO. 9

BE IT HEREBY RESOLVED:� That Harry Haushalter, Esq. be appointed Special Tax Council to

ascertain the tax status/assessment of the Galloping Hill Golf Course

at a cost not to exceed $5,000.

RESOLUTION NO. 10

WHEREAS, the Mayor and Council of the Borough of Kenilworth desire to reduce the costs of telephone service, and;

WHEREAS, Broadview Networks has submitted a proposal that offers significant savings over Verizon, and;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Kenilworth that it does hereby award a two year contract to Broadview Networks at the prices listed attached, subject to attorney review.

Council Meeting � September 8, 2010�� Page 8

Proposed Ordinance No. 2010-12 was read for a first reading as follows:� (Copy attached)

ORDINANCE NO. 2010-12

BOND ORDINANCE TO AUTHORIZE THE UNDERTAKING OF THE 2010 CAPITAL ROAD IMPROVEMENT PROGRAM IN, BY AND FOR THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $600,000 TO PAY THE COST THEREOF, TO APPROPRIATE A STATE GRANT, 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 said this is a first reading on an ordinance to provide for our Capital Projects for 2010.� The second reading will be held on October 13th at which time the public is welcomed to comment.

RESOLUTION NO. 11

Introduced by Sal Candarella, adoption by same

Seconded by Brian Joho

Be It Hereby Resolved:� That Proposed Ordinance No 2010-12, be and the same is hereby passed on first reading and ordered published for final hearing on October 13, 2010.

Roll Call:� All in favor.

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

MEETING OPEN TO THE PUBLIC

Joe Grimaldi, 34 North 14^th Street � Mr. Grimaldi said that last Thursday David Brearley had a football game and busses were parked across the street from his house. He said the next morning he noticed his driver side rear tail light was smashed in. He said it was either vandalism or someone making a K turn. He said a Ford Explorer made a K turn in front of his house but at the time he did not think it hit his car. He said he believes the busses should park in the David Brearley parking lot because they are large and take up a lot of space.� He asked that the person who accidently hit his car to come forward.� He said he hopes that the bus situation will be addressed by the Board of Education or maybe the Public Safety Officers. Mr. Grimaldi said the Governor of Arizona came forth with the very controversial but very prompt and prudent law of 1070 to try and take care of the illegal immigration problem.� He said Kenilworth should make a public proclamation to support the people of Arizona because it is also for the people of the United States.� He said it is not just their state getting violated but it is the whole nation.� He said as far as the proposal for the Mosque being built on the World Trade Center ruins, he said they have may the right to build it there but just because it�s their right does not make it right.�

Council Meeting � September 8, 2010�� Page 9

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

GENERAL BUSINESS

Mayor Fiamingo said school is open and to please keep your eyes open for the children.� She also said when there are football games to keep in mind that there are people walking on the streets and living in the neighborhood and she would appreciate it if you would be� courteous to everyone.� She asked if you hit Mr. Grimaldi�s car you can contact him at 34 North 14^th Street.� She said she is sure you did not mean to hit the car but Mr. Grimaldi would appreciate someone contacting him and maybe contribute to fixing the vehicle.�

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.

8:15 P.M.�� Respectfully submitted,

��

�� Hedy Lipke, Borough Clerk��

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