Council Minutes from 10/27/2010

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, OCTOBER 27, 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 October 12, 2010 and the Regular Council Meeting of October 13, 2010 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS:

The Public Hearing on Year 37 Community Development Grant Applications is scheduled for November 10, 2010 at 8:00 P.M.
The Borough has been awarded a matching grant of $920 for the 2010 Greening Union County Program for the planting of 10 trees in the Borough.

REPORTS

�Municipal Court Report for the month of September, 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 reported the Street Festival this past weekend was very successful and she thanked Kassie Joho and JC Promotions for all their hard work in putting the event together.� She said it was very well attended by both merchants and the public.�

The Mayor said that on November 7^th, Christopher Koehler will be awarded the Eagle Scout Award at the VFW, Post 2330.� The Mayor said it is an amazing accomplishment and she is proud of him.

On November 9, 2010 the Kenilworth Chamber of Commerce will host the Taste of Kenilworth at the Kenilworth Inn beginning at 6:00 pm.� She said one of the purposes of the Taste of Kenilworth is for the Chamber to fund scholarships for students from David Brearley who are going to college.� She said they have announced that the scholarship program will be awarding up to $1,000.00. Deadlines for applications are Friday, May 6, 2011.� If anyone has any

Regular Council Meeting � October 27, 2010�� Page 2

questions they can call the Chamber of Commerce at 908-352-0900.� She said they are going to post the letter regarding the scholarship in the Clerk�s Office and also the guidance counselors at Brearley will also have copies so that the students can avail themselves for that opportunity.

The Mayor said that November 11^th is Veterans Day and at 11:00 am the VFW will host their annual Veterans Day Ceremony.� She said everyone is invited and it is a day to pay thanks and homage to our Veterans and she hopes everyone will attend.� She said Pro Wash at 2240 Rt. 22 East, Union will give free car washes to all Veterans on November 11^th.

DEPARTMENT OF FINANCE

Councilman Joho had nothing to report.

DEPARTMENT OF PUBLIC WORKS

Councilwoman Sosnosky reported that the last day for grass pick up for the year was Tuesday, October 26^th.� Brush will not be picked up during the months of November and December.� Brush pick-up will resume the first Wednesday of January, 2011.� The Leaf Program will begin on or about November 1^st.

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese had nothing to report.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman Candarella reported the Construction Report has been reviewed and is in order.� Tomorrow the Planning Board, Board of Adjustment is hearing two cases.

DEPARTMENT OF RECREATION AND FIRE

Councilman Leary reported the Recreation Department Halloween Parade is this Saturday at 9:30 am at the Recreation Center.� Also this Friday is the Halloween Crafts for children grades 3^rd thru 8^th from 7:30 to 9:30 at the Recreation Center.� The Recreation Department will also be sponsoring a Halloween theme craft event for adults at Ceramically Yours on November 11^th and December 2^nd from 8:00 pm to 10:00 pm.�� For more information about the events, please visit the Recreation Department Web Site at www.kenilworthrecreation.com .�

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Klinder reported the Library will be having �Music of the Sixties� on Friday, November 18^th.� This is a live performance by singer/song writer Susan Cohen and Michael Christian.� The Health Department had three free clinics and gave out a total of 279 flu shots.

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

Regular Council Meeting � October 27, 2010�� Page 3

CONSENT AGENDA

Resolutions No. 1 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 Councilwoman 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

Be It Hereby Resolved:� ��

�� WHEREAS, a fee has been collected for a white good in the amount of $25.00 and;

�� WHEREAS, the fee was found to be incorrect;

�� 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:

��

Denise Grillo

679 Richfield Avenue

Kenilworth, NJ� 07033

RESOLUTION NO.3

WHEREAS, the Treasurer had outstanding checks on the records in the Payroll and Accounts Payable accounts which were issued over one year ago, and:

WHEREAS, letters were written in December 2009 and in July 2010 to the businesses/individuals asking them to cash these checks or sign affidavits to have them replaced;

WHEREAS, the businesses/individuals did not respond to our request by the end of October, 2010 or responded that the check in question had been cashed;

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council that the Treasurer is authorized to cancel the below listed checks:

�� Check #�� Dated�� Payee�� Amount

�� 15971�� 07/31/07�� Premier Quality Electric�� $ 16.00

18526�� 05/14/09�� J. Zeyock, Jr.�� $ 46.00��

�� 49091�� 09/04/08�� A. Califf�� $ 72.65

Regular Council Meeting � October 27, 2010�� Page 4

49819�� 11/26/08�� Unknown�� $ 153.88

�� 50112�� 12/24/08�� A. Ruggiero�� $ 316.62

�� 51430�� 05/28/09�� C. MacMillan�� $ 136.44

RESOLUTUION NO. 4

Whereas, the Borough of Kenilworth held a tax sale on June 29, 2010 for delinquent 2009 property taxes, and a tax lien was purchased by Royal Tax Lien Services, LLC on property located at 339 Faitoute Avenue, 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 Lienholder paid to the Collector of Taxes a premium in the amount of $8,400.00 and since the statutory period of five years has not passed, these funds must also be returned.

Now therefore be it resolved, that the Treasurer be and is hereby authorized to draw a warrant to the named Lienholder as follows, To be refunded upon receipt of the original Certificate of Sale #10-00009 by the Collector of Taxes:

Royal Tax Lien Services, LLC

115 West Avenue, Suite 300

Jenkintown, PA 19046

REDEMPTION AMOUNT

$11,914.46

PREMIUM TRUST ACCOUNT

$8,400

Treasurer�s Note: 1099 = $282.41

RESOLUTION NO. 5

WHEREAS, Christopher Koehler has been involved in Scouting for eleven years; and

WHEREAS, Christopher� Koehler is in Boy Scout Troop 83 in Kenilworth; and

WHEREAS, Christopher Koehler has achieved the rank of Eagle Scout which is the highest rank in Scouting; and

WHEREAS, Christopher Koehler completed all 21 required Merit Badges and a community service project which involved building a Bird and Wildlife Sanctuary at the Liberty Hall Museum in Union; and

Regular Council Meeting � October 27, 2010�� Page� 5

WHEREAS, Christopher Koehler is the fourth Scout in Troop 83 to achieve Eagle Rank; and

WHEREAS, Christopher Koehler is also involved in numerous areas outside of Scouting; and

WHEREAS, Christopher Koehler will be presented his Eagle Award at a Court of Honor on November 7, 2010.

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Borough of Kenilworth congratulate Christopher Koehler upon attaining the Eagle Scout Rank and also commend his involvement and commitment to the other activities in which he is involved.

RESOLUTION NO. 6

WHEREAS, impaired drivers on our nation�s roads kill someone every 30 minutes, 50 people per day, and almost 18,000 people each year; and

WHEREAS, 25% of motor vehicle fatalities in New Jersey are alcohol-related; and

WHEREAS, an enforcement crackdown is planned to combat impaired driving; and

WHEREAS, the season at the end of the year is traditionally a time of social gatherings which often include alcohol; and

WHEREAS, the State of New Jersey, Division of Highway Traffic Safety, has asked law enforcement agencies throughout the state to participate in the Over the Limit Under Arrest 2010 Year End Statewide Crackdown; and

WHEREAS, the project will involve increased impaired driving enforcement from December 6, 2010 through January 2, 2011; and

WHEREAS, �an increase in impaired driving enforcement and a reduction in impaired driving will save lives on our roadways.

THEREFORE, be it resolved that Kenilworth declares it�s support for the Over the Limit Under Arrest 2010 Year End Statewide Crackdown from December 6, 2010 through January 2, 2011 and pledges to increase awareness of the dangers of drinking and driving.

RESOLUTION NO. 7

Be It Hereby Resolved:�� That JASON SCHROECK� be appointed as a Regular Member of

the Kenilworth Recreation Committee for a term expiring 12/31/12.

Regular Council Meeting � October 27, 2010�� Page 6

RESOLUTION NO. 8

02011 NJDOT MUNICIPAL AID APPLICATION

Approval to submit a grant application and execute a grant agreement with the New Jersey Department of Transportation for the 2011 NJDOT/ Capital Road Improvement Project.- �Washington Avenue from Michigan Avenue to North 18^th Street.�

NOW, THEREFORE, BE IT RESOLVED that the Council of the Borough of Kenilworth formally approves the grant application for the above; and

BE IT FURTHER RESOLVED that Borough Engineer Richard O�Connor, the Mayor and the Borough Clerk are authorized to submit an electronic grant application on behalf of the Borough of Kenilworth.

BE IT FURTHER RESOLVED that the Mayor and Borough Clerk are hereby authorized to sign the grant agreement on behalf of the Borough of Kenilworth and that their signatures constitute acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement.

Certified as a true copy of the Resolution adopted by the Council

On this 27th day of October, 2010.

_____________________________

Hedy Lipke, Borough Clerk

My signature and the Clerk�s seal serve to acknowledge the above resolution and constitute acceptance of the terms and conditions of the grant agreement and approve the execution of the grant agreement as authorized by the resolution above.

ATTEST and AFFIX SEAL��

_________________________�� _________________________

Hedy Lipke, Clerk�� Kathi Fiamingo, Mayor

��

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

MEETING OPEN TO THE PUBLIC

Cassie Joho, 190 Boulevard � Mrs. Joho said she really appreciated all the hard work the DPW and Police Department did at the Street Festival on Sunday.� She said everything was wonderful and it is a great town to live in and they are great people to work with.

Mayor Fiamingo seconded Mrs. Joho�s sentiments.

�Frank Pugliese, 235 North 13^th Street � Mr. Pugliese said he got something in the mail today that made him sick.� He said it said the Democrate�s will cut taxes, he said since when have the Democrates ever cut taxes in the United States of America. The President and Governor never cut taxes.

Regular Council Meeting � October 27, 2010�� Page 7

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

GENERAL BUSINESS

The Mayor asked everyone to remember that Sunday is Halloween and they should keep an eye out for the little ghosts and goblins that are running around.� Have a good holiday but be careful.

Councilman Joho thanked the Pride In Kenilworth Committee and specifically his wife, Kassie Joho for another outstanding Street Festival.� He also thanked JC Promotions for producing the event again this year.� He said this event brought in a lot of new faces to Kenilworth and he hoped they liked what they saw and will visit our downtown again.

Councilman Joho said he wants to clear up a lot of mis-information that has been circulating regarding taxes and one group�s propensity to spend over another�s.� He said if we compare apples to apples and take the first three years of the previous administration vs. the first three years of the current administration you will see the change in spending pattern is staggering.� During the prior administration the increase in Municipal spending from 2004 to 2006 was 2.1 million dollars.� During the first three years of the current administration the increase in Municipal spending for 2008 to 2010 was 1.4 million dollars which is a $683,000.00 difference over the same three year period.� He said if you take the entire four year history of the prior administration, the increase in Municipal spending was nearly 3 million dollars which means we would have to spend 1.6 million dollars additional next year just to keep up with that staggering amount they spent during their period.� He said the facts speak for themselves and this administration has reigned in spending significantly and we owe credit to everyone sitting up here and we have done a significant job with the budget over the last three years.� We also owe credit to our Department Heads and Finance Officer who have worked diligently with us.� He said he just wanted to set the record straight for the information that is being put in everyone�s mailbox or dropped on door steps.

The Mayor said she appreciates him settling that misconception and misinformation that has been out there.� She noted that she has not seen some faces in three years and it is interesting that people who are interested in this community do not show up to our meetings.

ADJOURNMENT

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