Council Minutes from 9/22/2010

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, SEPTEMB ER 22, 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 Councilwoman Sosnosky, seconded by Councilman Leary, and carried that the minutes of the Work Session Meeting of September 7, 2010 and the Regular Council Meeting of September 8, 2010 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS:

Notice to Property Owners of an application before the Board of Adjustment from Ross Brothers (Apples Bar) for a variance to extend the existing bar located at 104 North 10^th Street into the basement.� Hearing on September 23, 2010.
Notice to Property Owners of an application before the Board of Adjustment from MetroPCS New York, LLC, for a variance to expand the nonconforming Telecommunications use on property at 201 South 31^st Street. Hearing on September 23, 2010.
Memo from the Board of Health informing that Karen Kizelevich has been hired as a Part-Time Clerk/Typist as of September 20, 2010 at a rate of $12.00 per hour.
Letter received from Roslyn Dreydoppel, 70 Pembrook Drive, asking that the Snow Removal Ordinance be amended to decrease the time homeowners are required to clear snow from their sidewalks from 18 hours to 8-10 hours.

REPORTS

�Municipal Court Report for the month of August, 2010.
Rahway Valley Sewerage Authority Meeting Minutes of 7-15-10 and 8-12-10.

�It was moved by Councilman Candarella, seconded by Councilman Joho, 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 Sunday is the Kenilworth Historical Society Freedom Run/Walk.� It is a 5K run and 2K walk and it starts at 10:00 am.� Registration begins at 8:30 behind the Senior Citizens Building.

Council Meeting � September 22, 2010�� Page 2

The Kenilworth Street Festival is on October 24^th.� If anyone wishes to get information regarding obtaining a table or crafting they should call JC Promotions at 201-998-6311 or visit the web site [email protected].

The Union County St. Patrick�s Day Parade Committee is holding a Golf Outing on October 4, 2010.� If anyone is interested they should call 908-377-5832.� The Golf Outing helps to defray the cost of the St. Patrick�s Day Parade that is held every year in Union.

DEPARTMENT OF FINANCE

Councilman Joho reported the Finance Committee met yesterday with the Borough Auditor to discuss the State Mandated 2% Tax Levy Cap and the 2011 Municipal Budget.� He said it goes without saying that the Cap will require the Borough to maintain tight controls on spending for 2011.� They also discussed converting current Bond Anticipation Notes into long term financing by taking advantage of the historically low interest rates and structuring those bonds so that our debt service remains at a constant level.� He said there will be more to come on both of those issues in the future.

DEPARTMENT OF PUBLIC WORKS

Councilwoman Sosnosky reported the Department of Public Works Crew has been working on curbside brush pick-up, maintenance of the sanitary sewers and street sweeping.� She said using our Clean Communities Grant monies, our Superintendent has ordered reusable grocery bags that will be distributed during our Street Festival.

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese had nothing to report.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman Candarella reported the Planning Board has three hearings for tomorrow night.� Kevin O�Brien of Shamrock is meeting with Council in small groups to review and get feedback on the Land Use Section of the Master Plan.

DEPARTMENT OF RECREATION AND FIRE

Councilman Leary reported the Recreation Department will be holding its annual Halloween Parade on October 30^th.� The parade will kick-off at 10:00 am at the Recreation Center and will head to the Harding School Parking Lot.� The Halloween Crafts will be held at the Recreation Center for K thru 2^nd Grade on Saturday, October 23^rd from 10:00 am to 12:00 pm and crafts will be held for 3^rd thru 8^th on Friday, October 29^th�from 7:30 to 9:30.� Sign-ups for both of those crafts will be on Monday, October 4^th , Tuesday, October 5^th, 7:00 pm to 9:00 pm and also on Saturday, October 9^th from 10:00 pm to 1:00 pm.

Council Meeting � September 22, 2010�� Page 3

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Klinder reported the Health Fair will be this Saturday at St. Theresa�s School from 9:00 am to 12:00 pm.�� He also reported there will be a Flu Clinic on Wednesday, September 29^th at the Senior Citizen Center from 9:00 am to 12:00 pm. ��He said next year will be the 75^th Anniversary of the Kenilworth Public Library and if anyone has any ideas on how to celebrate this event they should call the Library.

The Mayor mentioned that the Historical Society�s Four Centuries in a Weekend will be held on Saturday, October 16^th and Sunday, October 17^th.� She said it is a good opportunity to go to the Nitschke House and see what they have done while getting a little history about Kenilworth.

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

CONSENT AGENDA

Resolutions No. 1 thru 5 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 Pugliese 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, BAC Tax Services Corporation paid the property taxes for the 4th quarter of 2009 for the property located at 511 Richfield Avenue, Kenilworth, NJ, and;

WHEREAS, this resulted in a tax overpayment for the 4th quarter of 2009;

WHEREAS, BAC Tax Services Corporation has requested that the overpayment of the 4^th 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.

Council Meeting � September 22, 2010�� Page 4

Block�� Lot�� Payable To:�� Amount

�� 144�� 2�� BAC Tax Services Corporation�� $ 101.64

P.O. Box 10211��

�� Van Nuys, CA 91410-0211

�� TOTAL�� $ 101.64

RESOLUTUION NO. 3

WHEREAS, Alcohol and Drug Abuse Prevention is a major goal of all good government; and

WHEREAS, �� The Borough of Kenilworth has established a Municipal Alliance for Alcohol and Drug Abuse prevention and desires to continue its participation in the program for Grant Year 2011.

WHEREAS, The Board of Chosen Freeholders of the County of Union, via the Department of Human Services, will provide the Borough of Kenilworth with funds which amount to a sum not to exceed Seventeen Thousand Seven Hundred and� Forty-Four Dollars (17,744.00).

�� CASH MATCH:�� $4,436.00

�� IN-KIND MATCH�� $13,308.00

WHEREAS, the Borough of Kenilworth, through its Municipal Alliance, agrees to operate its program in accordance with the provisions of said grant.

NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of Kenilworth agrees to the provisions of the said contract between itself and the County of Union for Alcohol and Drug Preventions and authorizes the Mayor to sign said agreement.

��

RESOLUTION NO. 4

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

��

#996� PBA Roselle Park Civic Association, Inc. for a Tricky Tray on November 10, 2010 at 33 South 21^st Street, Kenilworth, NJ.

#997 David Brearley MS/HS Drama Program for a Tricky Tray on November 17, 2010 at 401 Monroe Avenue, Kenilworth, NJ� 07033.

#998 David Brearley MS/HS Drama Program for an On-Premise 50/50 Raffle on November 17, 2010 at 401 Monroe Avenue, Kenilworth, NJ� 07033.

Council Meeting � September 22, 2010�� Page 5

RESOLUTION NO.5

BE IT HEREBY RESOLVED:�� That the Mayor and Borough Clerk be authorized to sign a

�Right-of-Way Agreement� between the Borough of Kenilworth and Cablevision Lightpath-NJ,

Inc. and its subsidiary company 4Connections, LLC for a telecommunications system.

Proposed Ordinance No. 2010-13 was read for a first reading as follows:� (Copy attached)

�� ORDINANCE NO. 2010-13

AN ORDINANCE OF THE BOROUGH OF KENILWORTH REQUIRING A SUMP PUMP INSPECTION AND CERTIFICATION PRIOR TO THE TRANSFER OF ANY BUILDING IN THE BOROUGH AND SUPPLEMENTING AND AMENDING CHAPTER 158 OF THE BOROUGH CODE WITH ADDITION OF ARTICLE VI

Mayor Fiamingo stated this is a first reading on an ordinance which we are adopting for a number of purposes but the primary purpose is to try and eliminate the unnecessary discharge of water into the sanitary sewer system that should not be going there.� She said it is costing the Borough and the tax payers a lot of money and we are trying to do our part with reducing the RVSA fee. The second reading will be on October 13, 2010 at which time the public is invited to speak.

�RESOLUTION NO. 6

Introduced by Sal Candarella �adoption by same

Seconded by Fred Pugliese

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

Upon roll call all in favor.

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

MEETING OPEN TO THE PUBLIC

Livio Mancino, 102 North 24^th Street � Mr. Mancino said the Department of Public Works should tell residents to put their house number on their garbage cans so that when the wind blows them around, they make their way back to the proper house. Mr. Mancino said the Mayor and Council should write a letter to the public utilities and tell them to trim the trees around the street lights because the streets are dark. Mr. Mancino said the school is confused as to where the Health

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Fair is being held, they think it�s at Harding School and it is really at St. Theresa�s School.� He said the Council should let everyone know where it is. Councilman Klinder asked Mr. Mancino if he saw the flashing light sign in front of Borough Hall with the date, time and place of the Health Fair?� Mr. Mancino said no, he did not see the sign. Mr. Mancino asked if the Borough was going to give out bags for recycling of the leaves at the Street Fair? Councilwoman Sosnosky said they are handing out recyclable grocery bags to residents at the Street Fair. She said Superintendent is using grant money from the Clean Communities Grant to purchase the cloth reusable bags.� Mr. Mancino said the DPW should use the grant money for recycling bags for leaves because it would save the taxpayers a lot of money. �He said he bags his leaves rather than wait for DPW to come around because sometimes they are overwhelmed.� Councilwoman Sosnosky said that some of the communities have had problems with leaf bags because the residents put things other than leaves into the bags which creates problems.� She said Superintendent has decided that the leaves should be raked to the curb and they will be picked up in that way.� Mr. Mancino said you�ll never get it perfect and he has seen residents put rocks and stones in the spot where the leaves are picked up and they damage the sweeper. He thinks we should use the bags even if residents have to drop the bags at the DPW yard.� Councilwoman Sosnosky told Mr. Mancino she will bring his suggestion to the Superintendent. �Mr. Mancino asked the Mayor to pass a resolution that says that in this century the 9/11 date will never be forgotten.� He also asked to have a canopy with two spotlights at the memorial.� He said it is a solemn occasion and he does know why the Police Department has taken it over because almost 90% of the people that died were civilians, not Policeman or Fireman.�� He said since when do we have Politicians and Assemblyman at such a solemn occasion.� He said if they want to speak, 9/11 is not the day to do so.� He said Kenilworth should keep 9/11 as a very solemn occasion for those who gave up their lives.� He said we used to get 300 people at the ceremony and this year we did not even invite Mrs. Tobin. He said all the other cities that had events were done with lay people, not politicians.

Mayor Fiamingo said many of the States dignitaries spoke at other services and she does not agree with Mr. Mancino.� She said our service was extremely solemn and extremely appropriate.� She said there is a third person who should be on the plaque and for some reason is not there and she is going to try and take care of it this year.� The Mayor said the Police Chief has always held the 9/11 ceremony as Mr. Mancino well knows because he was involved from the beginning with the former Police Chief. The Mayor said that Mr. Mancino was there and she cannot understand how he could say it was not a solemn, appropriate ceremony.� She said they asked Assemblyman Cryan and Assemblywoman Quijano if they wished to speak and she asked Mr. Mancino if he thought that was inappropriate?� He said yes. �He said the occasion was treated as an event and he blamed the Mayor for that and he thinks we should bring it back to have 200 or 300 people attend. He said the Mayor should pass a resolution and the Mayor said we should just do and not worry about 98 years from now.

John Bury, 417 North 15^th Street � Mr. Bury asked how much and what is the Bond Anticipation Note for?� He said he thought the rules said you can only do it for so long and then you have to actually bond.� He said interest rates were low last year.� Councilman Joho said with the Bond Anticipation Notes we are obligated by the State and we can only float them for so long and then we have to go with long-term financing.� He said the bond sale will be for 4 million dollars and we have bond anticipation notes for activities that have occurred over the last three or four years which now need to be financed long-term.� He said it would be a 4 million dollar bond

Council Meeting � September 22, 2010�� Page 7

offering that we would structure.� He said right now we are looking at potentially doing this over a 13 year period.� It would be structured as previous bonds retire and the principal and debt

service on these bonds would escalate to maintain a level of debt service year after year by adding these bonds to the mix.

The Mayor said we rely a lot on our auditor who is very well versed in the debt service area and he keeps us on that kind of playing field.� She said with his advice we do the best we can in terms of bond anticipation notes and when it comes to a point where we are going to be able to do something they do not want small amounts, one million is not going anywhere.� She said 4 million dollars is where we are going and right now the interest rates are historically low.� She said we have done this before and have had very good success with the interest rates.� Councilman Joho said if you package it at a size in which you have an interest by multiple parties looking to purchase it then it drives down the interest rates. Mr. Bury said he was looking at the County and they have this deal where two years ago they had a 60 million project and last year it was 124 million and this year it is 182.7 million.� He said it looks like they are just rolling over year to year.� Mr. Bury asked if this was what Kenilworth was doing on a lower scale?� Councilman Joho said no, ours were Capital expenditures from over the previous years.� He said we cannot maintain bond anticipation notes for more than three years and after that we have to go long term.� Mr. Bury asked if the 60 million dollars the County did two years ago, will they have to now go long term? And with the new stuff they added on they still have a couple of years?� Councilman Joho said yes they can stagger that.

Mr. Mancino asked if he could see a financial statement for the Octoberfest.� He said he has not seen it for the past several years.� He said he wants to know if it costs us money or do we make money.��

� Motion was made by Councilman Candarella, seconded by Councilman Leary to close the meeting to the public.� All in favor.

GENERAL BUSINESS

Councilman Candarella said before attending the 9/11 ceremony he was watching Mayor Bloomberg�s speech.� He said our ceremony was very solemn and very nice.� He said regarding the trees blocking the lights, anyone can take down the pole number and call PSE&G and they will come out and trim the branches that are blocking the light.� He said our DPW does not do that.

Councilman Pugliese thanked everyone who helped to make the 9/11 ceremony a success especially the bag piper John Cryenborg who donated his services.� He also thanked the members of the Fire Department, Rescue Squad, Police Department and also Father Joe and Father Lido. He also thanked Cassie who with her singing brought some people to tears.�

The Mayor said she was sorry that Mrs. Tobin did not get notice of the ceremony this year.� She said this was the first year for the Chief putting the ceremony together and perhaps it was an oversight.� She said she will make sure that next year is differently.� She said she thought it was a very well put together ceremony.� She thanked everyone who participated.� She said there were quite a few people at the ceremony.

Council Meeting � September 22, 2010�� Page 8

ADJOURNMENT

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

8:45 P.M.�� Respectfully submitted,

��

�� Hedy Lipke, Borough Clerk��

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