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REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, OCTOBER 13, 2010.� MAYOR KATHI FIAMINGO PRESIDED. ROLL CALLRoll 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 reported that Councilman Candarella had a death in the family and could not be here tonight. She said her thoughts and prayers are with him and his wife. Mayor Fiamingo read the requirements of the Open Public Meetings Act. The Salute to the Flag was led by Mayor Fiamingo. MINUTESIt was moved by Councilman Joho, seconded by Councilwoman Sosnosky, and carried that the minutes of the Work Session Meeting of September 21, 2010 and the Regular Council Meeting of September 22, 2010 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.) COMMUNICATIONS AND PETITIONS:
REPORTS
�It was moved by Councilman Klinder, 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 COMMITTEESMayor Fiamingo reported that Four Centuries in a Weekend at the Nitschke House will be on Saturday, October 16th from 10:00 am to 5:00 pm and on Sunday, October 17th from 12:00 noon to 5:00.� The Mayor read a portion of a letter sent to her from Shirley Boyden Maxwell, President of the Historical Society �We are extremely grateful to Police Chief Ken Grady, Lt. John Zimmerman, Sgt. Wayne Fennes, Deputy Jonathan Lipke and other members of the Kenilworth Police Department and Office of Emergency Management for their valued assistance with� traffic control, safety precautions and other important aspects of the 5K Run/3K Walk.� We also Kenilworth Council Meeting � October 13, 2010������������������������������������������������������� Page 2 greatly appreciate all the help Dan Ryan and Walter Krieck of the Department of Public Works provided as well as the special support we received from Borough Clerk Hedy Lipke and staff, Captain Vecci of the Rescue Squad, Scott Miller of David Brearley Middle High School and Dale Spindel and the staff of the Kenilworth Public Library and also the many local businesses and organizations that helped sponsor the event.� It was especially rewarding to have a number of representatives of the Borough Council participating�.� The Mayor added it was a very nice event and it was nice to see that everybody gets involved in something like that. The Mayor said the Union County 12th Annual Red Ribbon event will be held on October 23, 2010.� It will be a little different this year because they will not be starting at the High School and walking to Nomahegan Park.� They will start at Nomahegan Park at 9:30 AM with a 4 mile walk and a Family Walk at 12:00 PM.� The other events will be from 11:00 am to 4:00 pm. The Street Festival will be on October 24, 2010 from 10:00 am to 5:00 pm along the Boulevard.� If anyone is interested in getting a table they can contact JC Promotions at 201-998-1144 or visit the web site at [email protected]. DEPARTMENT OF FINANCE Our Finance Officer and Tax Collector has reported that tax collections for the first thru third quarters is at 99%.� Last year at this time we were at 98.7% so this is a very good collection rate.� There are 78 delinquent accounts vs. 99 last year but overall the tax collection picture remains very positive.� In regards to miscellaneous revenue, although there are some positive increases, our revenue numbers still reflect the challenges precipitated by the sluggish economy.� Miscellaneous revenues are down 5% from last year at this time.� Although we have positive growth in revenues from licenses, fees and permits, court fines along with an increase on interest on our investments.� DEPARTMENT OF PUBLIC WORKSCouncilwoman Sosnosky reported the DPW crew has been working on curb side brush pick-up, maintenance of the sanitary sewers and cleaning the storm water catch basins.� As a requirement of the Municipal Storm Water Management Plan the Superintendent is purchasing storm drain markers using money from our Tonnage Grant.� DEPARTMENT OF PUBLIC SAFETYCouncilman Pugliese reported the Kenilworth Police Department received a reimbursement check in the amount of $4,400.00 as a result of conducing two DWI checkpoints this summer.� In addition, on September 25th the Kenilworth Police Department, in conjunction with the DEA, conducted Operation Take Back.� Two large boxes of unwanted medication were turned in by Borough residents. The Detective Bureau has a new e-mail so that crime tips can be e-mailed to them for them to investigate.� The e-mail address is [email protected] and is sponsored by the Detective Bureau.� Anyone sending tips to this e-mail will remain anonymous and may be eligible for a reward from Union County Crime Stoppers based on the tip.� He said everyone in town can help take a bite out of crime. Kenilworth Council Meeting � October 13, 2010������������������������������������������������������� Page 3 DEPARTMENT OF PLANNING, ZONING & ORDINANCESCouncilman Candarella was absent. DEPARTMENT OF RECREATION AND FIRE Councilman Leary reported the Recreation Department�s Halloween Parade is going to be held on Saturday, October 30, 2010.� The parade kicks off at 10:00 am and will be marching from the Recreation Building to the back of Harding School.� Crafts will be held on Saturday, October 23, 2010 from 10:00 am to 12:00 noon for grades K thru 2.� Crafts will be held for grades 3rd thru 8th grade will be on Friday, October 29, 2010 from 7:30 pm to 9:30 pm at the Recreation Building.� For more information regarding these events and any other events, our web site is www.kenilworthrecreation.com . DEPARTMENT OF HEALTH, EDUCATION & WELFARE Councilman Klinder reported the Health Fair was held on Saturday, September 25, 2010 at St. Theresa�s and there was a lot of positive feedback.� Flu Shots will be available this Thursday, October 14th at David Brearley High School from 6:00 pm to 9:00 pm in the cafeteria. At the Library on October 18th from 3:00 pm to 7:00 pm the Blood Center will have their van parked in front of the Library.� The Library will have a presentation of snakes and turtles from the Trailside Museum on November 5th. Consolidated Bill List appears on the following pages.� (copy attached) CONSENT AGENDAResolutions No. 1 thru 11 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 Councilwoman Sosnosky . Upon roll call the vote was unanimous. ORDINANCES AND RESOLUTIONSRESOLUTION NO. 1 Be It Hereby Resolved:�� That all bills be paid when properly audited and funds are available RESOLUTION NO.2 WHEREAS, Alexis Retana, the property owner, paid the property taxes for the 2nd and 3rd quarters of 2010 for the property located at 632 Newark Avenue, Kenilworth, NJ, and; WHEREAS, the mortgage company also paid the taxes on this property and this resulted in a tax overpayment for the 2nd and 3rd quarter of 2010; Kenilworth Council Meeting � October 13, 2010������������������������������������������������������� Page 4 WHEREAS, Alexis Retana has requested that the overpayment of the 2nd and 3rd quarters be refunded; 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�������������
������� � ����������� 123����������������������������� 12������������������� Alexis Retana������������������������������������������������� $ 2,800.99 �����������������������������������������������������������������������
����������������������������������������������������������������������������������������������������������������������� TOTAL����������� $ 2,800.99 RESOLUTUION NO. 3 WHEREAS, Wells Fargo Home Mortgage paid the property taxes for the 1st quarter of 2010 for the property located at 46 North 22nd Street, Kenilworth, NJ, and; WHEREAS, this resulted in a tax overpayment for the 1st quarter of 2010; WHEREAS, Wells Fargo Home Mortgage has requested that the overpayment of the 1st 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�������������
�������� 82������������������������������� 20������������������� Wells Fargo Home Mortgage������������������������ $ 1,336.92 Mac X2302-04D 1 Home Campus������������������������������������������������������� ����������������������������������������������������������� Des Moines, IA 50328 ����������������������������������������������������������������������������������������������������������������������� TOTAL����������� $ 1,336.92
WHEREAS, BAC Tax Services Corporation paid the property taxes for the 2nd quarter of 2010 for the property located at 223 North 16th Street, Kenilworth, NJ, and; WHEREAS, this resulted in a tax overpayment for the 2nd quarter of 2010; WHEREAS, BAC Tax Services Corporation has requested that the overpayment of the 2nd quarter be refunded to them; Kenilworth Council Meeting � October 13, 2010������������������������������������������������������� Page 5 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�������������
�������� ����������� 35������������������������������� 8.02���������������� BAC Tax Services Corporation��������������������� $ 1,828.48 �����������������������������������������������������������������������
����������������������������������������������������������������������������������������������������������������������� TOTAL����������� $ 1,828.48 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 amount to: ���������� Amount of $58.00 to be refunded to the homeowner: ���������� Less Cameron ���������� 445 Sheridan Avenue ���������� Kenilworth, NJ� 07033 ���������� For the following per #10-00337 ���������� Block 38, Lot 3 RESOLUTION NO. 6 Be It Hereby Resolved:� That the Borough Clerk be authorized to issue the following����������������� Raffle Licenses: ����������������������������������������������� � #999 St. Theresa�s Home School Association for a Merchandise Raffle on March 19, 2011 at 540 Washington Ave., Kenilworth, NJ� 07033. #1000 St. Theresa�s Home School Association for an On-Premise 50/50 Raffle on March 19, 2011 at 540 Washington Ave., Kenilworth, NJ� 07033. #1001 St. Theresa�s Home School Association for an Off-Premise 50/50 Raffle on March 19, 2011 at 540 Washington Ave., Kenilworth, NJ� 07033. #1002� St. Theresa�s Church for an Off-Premise 50/50 Raffle on December 19, 2010 at 540 Washington Avenue. Kenilworth Council Meeting � October 13, 2010������������������������������������������������������� Page 6 RESOLUTION NO. 7 Councilmember �����������������������introduced and moved the adoption of the following resolution and Councilmember ����������������������� �seconded the motion: ��������� RESOLUTION OF THE BOROUGH COUNCIL OF THE ���������
BOROUGH OF KENILWORTH, IN THE ���������
NEW ��������� FINANCE BOARD PURSUANT TO N.J.S.A. 40A:2-26(e) ������������������������������� WHEREAS, the Borough Council of the Borough of Kenilworth desires to make application to the Local Finance Board for its review and/or approval of a maturity schedule for a proposed bond issue with principal amounts of annual installments that deviate from the requirements of N.J.S.A. 40A:2-26(b); and ����������������������� WHEREAS, the Borough Council of the Borough of Kenilworth believes: ��������� (a)� the limitations as to principal amounts of annual installments set forth in N.J.S.A. 40A:2-26(b) will adversely affect the financial position of the local unit; ��������� (b)� it is in the public interest to accomplish such purpose; ��������� (c)� said purpose or improvements are for the health, welfare and convenience or betterment of the inhabitants of the local unit or units; (d) the amounts to be expended for said purpose or improvements are not unreasonable or exorbitant; ��������� (e) the proposal is an efficient and feasible means of providing services for the needs of the inhabitants of the local unit or units and will not create an undue financial burden to be placed upon the local unit or units; �������������������������������
NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of
Kenilworth, in the ������������������������������� Section 1.� The application to the Local Finance Board is hereby approved, and Rogut McCarthy LLC, Bond Counsel, and Ferraioli, Wielkotz, Cerullo & Cuva, Borough Auditor, along with other representatives of the Borough of Kenilworth, are hereby authorized to prepare such application and to represent the Borough of Kenilworth in matters pertaining thereto. Kenilworth Council Meeting � October 13, 2010������������������������������������������������������� Page 7 ��������� Section 2.� The Borough Clerk of the Borough of Kenilworth is hereby directed to prepare and file a copy of the proposed bond maturity schedule with the Local Finance Board as part of such application. ������������������������������� Section 3.� The Local Finance Board is hereby respectfully requested to consider such application and to record its findings, recommendations and/or approvals as provided by the applicable New Jersey Statute. ������������������������������� The foregoing resolution was adopted by the following roll call vote: ��������� AYES: ��������� NAYS: (Seal) ATTEST: ___________________________ ���� �� Borough Clerk������������ ������������������������������� The foregoing is a true copy of a resolution adopted by the governing body of the Borough of Kenilworth, in the County of Union, New Jersey, on October 13, 2010. ��������������������������������� _____________________________ ��������������������������������� Borough Clerk ���������������������������������
Borough of ���������������������������������
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RESOLUTION NO. 8 RENEWAL OF LIQUOR LICENSE OF LA DOLCE VITA OF KENILWORTH LLC, LICENSE NO. 2008-33-002-005 FOR 2010-2011 TERM PURSUANT TO SPECIAL RULING WHEREAS, the Division of Alcoholic Beverage Control received a Petition for a Special Ruling to permit renewal of an inactive License from LaDolce Vita of Kenilworth LLC, License No. 2008-33-002-005; and WHEREAS, the Division of Alcoholic Beverage Control has reviewed and granted a Special Ruling for liquor license term 2010-2011 to LaDolce Vita of Kenilworth LLC; and WHEREAS, LaDolce Vita of Kenilworth LLC has filed a renewal application and paid all necessary fees for renewal of its liquor license for the term 2010-2011. NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the borough of Kenilworth hereby approves the renewal of the Plenary Retail Consumption License of La Dolce Vita of Kenilworth LLC, License No. 2008-33-002-005 for the 2010-2011 license term due to the granting of the Special Ruling. Kenilworth Council Meeting � October 13, 2010������������������������������������������������������� Page 8 RESOLUTION NO. 9 Be It Hereby Resolved:�� That the following be appointed as Probationary EMT�s for the Kenilworth Rescue Squad: Allison Touris James D. Wycloff RESOLUTION NO. 10 Be It Hereby Resolved:�� That the contract for Animal Control Services be awarded to�������������� ASSOCIATED HUMANE SOCIETIES, 124 Evergreen Avenue, Newark, NJ 07114-2133, for a one year period beginning January 1, 2011 and ending December 31, 2011 at a cost of $17,274.40 per year. Be it Further Resolved that the Mayor be authorized to sign said contract. CERTIFICATION OF FUNDS Appropriation: _____________________ Date: ____________________________ �_________________________________ Robert Ordway, Treasurer Proposed Ordinance No. 2010-12 was read for second reading as follows:� (Copy appears in Minutes of September 8, 2010) RESOLUTION NO. 11 Be It Hereby Resolved:��� That the Mayor appoints JULIO VERNO to the Kenilworth Recreation Committee as a Regular Member for the unexpired term of Angela Sandull expiring 12/31/2012. Proposed Ordinance No. 2010-12 was read for second reading as follows:� (Copy appears in Minutes of September 8, 2010) 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 Kenilworth Council Meeting � October 13, 2010������������������������������������������������������� Page 9 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 second reading on an ordinance for the Capital Road Improvements for 2010.� The Mayor asked if anyone wished to speak with respect to� Ordinance� No 2010-12 to please step forward, state their name and address for the record. No on wished to speak and the Mayor closed the Hearing on Ordinance 2010-12. RESOLUTION NO. 12 �Introduced by Brian Joho adoption by same Seconded by Kevin Leary Be It Hereby Resolved: that Proposed Ordinance 2010-12 be and the same is hereby passed on second and final reading an ordered published according to law. Roll Call:� All in favor Proposed Ordinance No. 2010-13 was read for second reading as follows:� (Copy appears in Minutes of September 22, 2010) ����������� ����������������������������������� 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 second reading on an ordinance that requires an inspection for sump pumps.� The purpose of the ordinance is to ensure that sump pumps are not draining into the sanitary sewer system, increasing our sewer costs through the RVSA.� This ordinance will be implemented with respect to sales of all properties.� The Mayor asked if anyone wished to speak with respect to Ordinance No 2010-13 to please step forward, state their name and address for the record. No on wished to speak and the Mayor closed the Hearing on Ordinance 2010-13. Kenilworth Council Meeting � October 13, 2010������������������������������������������������������� Page 10 RESOLUTION NO. 13 Introduced by Kevin Leary adoption by same Seconded by Fred Pugliese Be It Hereby Resolved: that Proposed Ordinance 2010-13 be and the same is hereby passed on second and final reading an ordered published according to law. Roll Call:� All in favor Proposed Ordinance No. 2010-14 was read for a first reading as follows:� (Copy attached) ����������������������������������� � ORDINANCE NO. 2010-14 ����������� ORDINANCE AMENDING CHAPTER 91, ARTICLE I AND ����������� CHAPTER 198-B OF THE CODE OF THE BOROUGH OF ����������� KENILWORTH � FEES AND LICENSES Mayor Fiamingo stated this is a first reading on amendments to slightly increase the fees for licenses. The second reading will be held on November 10, 2010 at which time the public will be invited to speak. � �RESOLUTION NO. 14 Introduced by Scott Klinder adoption by same Seconded by Brian Joho Be It Hereby Resolved:� That Proposed Ordinance No. 2010-14 be and the same is hereby passed on first reading and ordered published for final hearing on November 10, 2010. Upon roll call all in favor. Proposed Ordinance No. 2010-15 was read for a first reading as follows:� (Copy attached) ORDINANCE NO. 2010-15 AN ORDINANCE DELETING AND REPLACING, IN ITS ENTIRETY,ARTICLE II OF CHAPTER 106 OF� THE BOROUGH CODE WHICH ESTABLISHES A MANDATORY PROGRAM FOR THE SEPARATION OF CERTAIN MATERIALS FROM RESIDENTIAL AND NON-RESIDENTIAL PREMISES FOR RECYCLING PURPOSES, PROMULGATING RULES ANDREGUALTIONS THEREFORE, AND PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF Kenilworth Council Meeting � October 13, 2010������������������������������������������������������� Page 11 Mayor Fiamingo reported this is a first reading of an ordinance that is required for mandatory recycling under the state requirements.� It replaces an ordinance that we already have on the books but it had to be amended to comply with State law.� The second reading will be held on November 10, 2010 at which time the public will be invited to speak. RESOLUTION NO. 15 Introduced by Toni Sosnosky� adoption by same Seconded by Scott Klinder Be It Hereby Resolved:� That Proposed Ordinance No. 2010-15 be and the same is hereby passed on first reading and ordered published for final hearing on November 10, 2010. Upon roll call all in favor. Motion was made by Councilman Leary, seconded by Councilman Joho� to open the meeting to the public. MEETING OPEN TO THE PUBLIC No one wished to speak.
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