Council Minutes from 2/23/2011

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, FEBRUARY 23, 2011.� MAYOR KATHI FIAMINGO PRESIDED.

Mayor Fiamingo read the requirements of the Open Public Meetings Act.

The Salute to the Flag was led by Mayor Fiamingo.

ROLL CALL

Roll Call at 8:00 P.M. showed the following Council Members present: Sal Candarella, Peter Corvelli, Brian Joho, Scott Klinder Kevin Leary and Fred Pugliese.

MINUTES

It was moved by Councilman Candarella, seconded by Councilman Leary, and carried that the minutes of the Work Session of February 8 and the Regular Council Meeting of February 9, 2011 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS:

1. �Notice to Property Owners from Union 22 Plaza, LLC, 900-930 Springfield Road, Union, of a Continuation of Hearing on their application before the Union Township Planning Board for site plan and variance approval for expansion of Walmart.� Hearing on February 24, 2011.

2. Notice of Public Meeting of the Kenilworth Board of Education for a Workshop Meeting on Monday, February 28^th to adopt the tentative 2011-2012 School Budget for submission to the Union County Superintendent of Schools.

3. Letter from Thomas Tancs, 621 Passaic Avenue, requesting permission to cut down two Borough trees in order to install Solar Panels.

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It was moved by Councilman Joho, 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 reminded everyone that Relay for Life will have a meeting for anyone who would like to be a Team Captain on February 28^th at the Recreation Center at 7:30 PM.� If anyone wishes to put a team together and participate in raising funds for cancer research.� Mayor and Council have committed to a team and will be raising funds and challenging people to beat their record in raising funds.�

On Tuesday, March 1^st from 6:00 pm to 8:00 pm, the Kenilworth Historical Society will have its annual �Soups On�� at the Senior Center.� You will get to taste a number of different soups, some being made by Councilman Candarella.� Admission is $10.00 and it should be a lot of fun.

Mayor Fiamingo stated she received a letter from our Legislative Representatives, Senator Lesniak, Assemblyman Cryan and Assemblywoman Quijano supporting our request for

Council Meeting Minutes � February 23, 2011�� Page 2

assistance relative to banning the cell tower on Fairfield Avenue.� She said she has not yet heard back from the Department of Transportation but she will be reaching out again to them to try and move them along into committing to not put the cell tower in that space.

The Mayor received a notice from New Jersey American Water that they will be temporarily changing the water treatment process which began on February 14, 2011 and continues until mid April.� They said during this time you may notice an increase in the taste and smell in the water and that this is normal and will only be temporary while they complete their annual maintenance system.� If there is any questions you can direct them to the water company.� They said if you need to remove the chlorine taste or smell from your water you can either put the water in a container and let it stay open and it will dissipate or boil the water or you can add a slice of lemon.�

DEPARTMENT OF FINANCE

Councilman Joho reported the Finance Committee will meet with the Borough Auditor with respect to the 2011 Municipal Budget.� He said the Borough Auditor will be available at the Work Session.

DEPARTMENT OF PUBLIC WORKS

Councilman Corvelli reported he received correspondence from Superintendent Ryan reporting that the crew will be filling potholes continuously.� The Borough mechanic, Bernie Bunger found a flaw in one of the plows and we were awarded the part.� The street sweeper will be out again as the snow melts and the ice dissipates. Brush pick up will continue on Wednesday.� He reported the asphalt hot box broke and they are going to try and fix it but if not they will have to add it to the Capital purchases.�

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese reported the Borough has been given the possibility of having civilian dispatch for the Police Department.� He said when you call the Police Department you get a Senior Officer answering the phone.� They are considering the possibility of putting a civilian in that place for now and that would give us the benefit of having an additional officer on patrol.�

He said they are still in the early stages of reviewing that possibility and we would either hire our own dispatcher or possibly share services with another public entity.�

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman Candarella reported that some specific residents are using the Master Plan for their political gain without mentioning any names there are certain people who are trying to move forward politically using the Master Plan.� He suggested they read the document before producing their propaganda because their propaganda is not fully truthful.� He said tomorrow is the open public meeting for the Master Plan.� He said the plan is a smart well-thought out vision for the Borough and it outlines and suggests the vision for Kenilworth�s future. �He thanked all the people who worked hard to bring constructive input to bring this document to the version it is today.� The meeting is tomorrow at 8:00 at Borough Hall.

Council Meeting Minutes � February 23, 2011�� Page 3

DEPARTMENT OF RECREATION AND FIRE

Councilman Leary reported the Recreation Committee had their Re-organization Meeting this month and he congratulated Committeeman �Kratzer on being the new Chair and he is sure he will do a good job.� He congratulated Chief Giordano and the Fire Department on receipt of a Reel Truck which is an engine freightliner awarded by Union County Department of Homeland Security.� It was provided to the Borough without cost to the Borough and the vehicle is worth over $150,000.00.� The vehicle will add to the capabilities of an already outstanding Fire Department.�

Councilman Leary read a letter thanking the Fire Department and the EMT squad for their services.� The letter said �Thank you for your quick response to my dad�s house, on the night of February 4^th early February 5^th your members were fantastic and thank you again�.� The letter was signed by the McElroy family.� The letter said the EMT cleared the ice to get through.

Councilman Leary said he had great respect for the Fire Department and thanked them for their outstanding service that night and their services in general.�

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Klinder reminded everyone that the Rabies Clinic is Sunday, March 20^th at the Fire Department from 1:00 pm to 3:00 pm.� The clinic is for cats and dogs.� He reported that library attendance for the month of January was 3,600 which is a decrease of 22% from last January which was mainly due to the snow.

Mayor Fiamingo stated that as she looks out to the audience she sees our Welfare Director, Paulette Drogan she was reminded of all her� hard work and good things� that she does for the people in our community who are in need and she thanked Paulette.� She knows many people in the Community who have availed themselves of her assistance and they are very thankful for her help.�

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

CONSENT AGENDA

Resolutions No. 1 thru 9 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 Candarella moved that all items under Consent Agenda be approved, seconded by Councilman Klinder. Upon roll call the vote was unanimous.

Council Meeting Minutes � February 23, 2011�� Page 4

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, a refinancing bank closing check paid the property taxes for the 1^st quarter of 2011 for the property located at 754 Woodland Avenue, Kenilworth, NJ, and;

WHEREAS, this resulted in a tax overpayment for the 1^st quarter of 2011;

WHEREAS, the property owners Maribel Mejias-Sotillo and Gilbert Sotillo have requested that the overpayment of the 1^st 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�� Payable To:�� Amount

�� 158�� 17�� Maribel Mejias-Sotillo�� $ 1,595.12

Gilbert Sotillo

754 Woodland Avenue��

�� Kenilworth, NJ 07033

�� TOTAL�� $ 1,595.12

RESOLUTION NO. 3

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

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#1005 Kenilworth Silver Card Association for a Off-Premise 50/50 Raffle on December 8, 2011at 1 Lafayette Ave., Kenilworth, NJ

# 1006 David Brearley Middle/High School for an On-Premise 50/50 Raffle on April 30, 2011 at 401 Monroe Avenue, Kenilworth, NJ.

#1007� David Brearley Middle/High School for a Tricky Tray on April 30, 2011 at 401 Monroe Avenue, Kenilworth, NJ.

#1008� Westfield Jaycees for a Tricky Tray on April 15, 2011 at 33 South 21^st Street, Kenilworth, NJ.

#1009 Westfield Jaycees for an On-Premise 50/50 Raffle on April 15, 2011 at 33 South 21^st Street, Kenilworth, NJ�

Council Meeting Minutes � February 23, 2011�� Page 5

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RESOLUTION NO. 4

BE IT HEREBY RESOLVED:� That the contract between the Borough of Kenilworth and Atlantic Health System (CenCom) to provide 911 Medical Telephone Call Screening Services for a three (3) year period commencing May 1, 2010 through April 30, 2012 be approved.� Cost to be $4,800 up to 600 calls); and all calls in excess of 600 will be billed at $8 per call for each contract year.

BE IT FURTHER RESOLVED:� That Mayor Fiamingo be authorized to sign said contract.

Certification of Funds

Date: ______________________

Appropriation: _______________

___________________________

Treasurer

RESOLUTION NO. 5

BOROUGH OF KENILWORTH

PROCLAMATION

WHEREAS, the citizens of�� The Borough of Kenilworth� stand firmly committed to promoting reading as the catalyst for our students� future academic success, their preparation for America�s jobs of the future, and their ability to compete in a global economy; and:

WHEREAS,� The Borough of Kenilworth�� has provided significant leadership in the area of community involvement in the education of our youth grounded in the principle that educational investment is the key to the community�s well-being and long-term quality of life; and

WHEREAS, NEA�s� Read Across America, a national celebration of reading, will be conducted on March 2, 2011, which would have been the 107^th birthday of Theodor Seuss Geisel, better known as Dr. Seuss; and

WHEREAS, Read Across America-NJ is being conducted statewide by the New Jersey Education Association, in partnership with the New jersey State League of Municipalities, the New Jersey Library Association, and their local affiliates across the state to promote reading and adult involvement in the education of our community�s students;

NOW, THEREFORE, BE IT RESOLVED that the�� Mayor and� Council� call on the citizens of� Kenilworth�� to assure that every child is in a safe place reading together with a caring adult on March 2, 2011;

AND BE IT FURTHER RESOLVED that this body enthusiastically endorses NEA�s Read Across America and Read Across America-NJ and recommits our community to engage in programs and activities to make America�s children the best readers in the world.

�� ________________________________

�� Kathi Fiamingo, Mayor

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�� February 23, 2011_________________��

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Council Meeting Minutes � February 23, 2011�� Page 6

RESOLUTION NO. 6

WHEREAS, the Union County Office of Homeland Security has awarded the Borough of Kenilworth a Reel Truck Vehicle to be used to support the County�s Homeland Security Program: and

WHEREAS, the vehicle, a Red 2011 Freightliner, VIN#$IFVACXDT9BDAZ8070, has a value of $161,896.00, and will be equipped to provide the first responders who report to terrorist related events and natural disasters; and

WHEREAS, this vehicle will also be available to other counties upon request for assistance from the New jersey Office of Emergency Management or at the request of another County; and

WHEREAS, the Borough of Kenilworth is in acceptance of said vehicle and it adheres to the terms and conditions stipulated by the New Jersey Office of Homeland Security for its usage and operation;

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Kenilworth that it accepts a Reel Truck Vehicle, namely a Red 2011 Freightliner, VIN#IFVACXDT9BDAZ8070, from the Union County Office of Homeland Security to be used to Support the County�s Homeland Security Program; and

BE IT FURTHER RESOLVED that the Borough of Kenilworth acknowledges and agrees to adhere to the terms and conditions stated by the State upon acceptance of said vehicle; and

BE IT FURTHER RESOLVED that Clerk of the Borough of Kenilworth is hereby authorized to sign all documents necessary to accept said vehicle; and

BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the County of Union Office of Homeland Security.

RESOLUTION NO. 7

WHEREAS,� the Mayor and Council of the Borough of Kenilworth advertised and received a bid for �On-Call Services-Roadway Assistance 2011� on February 17, 2011: and

WHEREAS, Denbar Construction, Inc, 711 Monmouth Avenue, Kenilworth, NJ was the only bidder proposing unit prices as per the attached schedule; and

WHEREAS, the Borough Engineer has reviewed all the documents required by the bid specifications and recommends awarding the contract to Denbar Construction, Inc., for each work order as necessary at the unit prices as per the attached schedule; and

Council Meeting Minutes � February 23, 2011�� Page 7

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Kenilworth that it does hereby award the contract to Denbar Construction, Inc. at the unit prices listed.

Certification� of Funds

Date: ______________

Appropriation #:��

________________________

Treasurer :�

RESOLUTION NO. 8

WHEREAS, First American-Corelogic paid the property taxes for the 4^th quarter of 2010 for the property located at 63 Park Drive, Kenilworth, NJ, and;

WHEREAS, this resulted in a duplicate tax payment for the 4^th quarter of 2010;

WHEREAS, the homeowner has requested that the overpayment of the 4^th quarter be refunded to them;

Block�� Lot�� Payable To:�� Amount

�� 91�� 8�� Frank Brown/ Barbara Freedley�� $ 1,574.40

�� 63 Park Drive

Kenilworth, NJ 07033

�� TOTAL�� $ 1,574.40

RESOLUTION NO. 9

WHEREAS, Fidelity National Title paid the property taxes for the 1^st quarter of 2011 for the property located at 37 North 12^th Street, Kenilworth, NJ, and;

WHEREAS, this resulted in a duplicate tax payment for the 1^st quarter of 2011;

WHEREAS, Fidelity National Title has requested that the overpayment of the 1^st quarter be refunded to the homeowner;

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�� Payable To:�� Amount

�� 77�� 8�� Michael and Andreia Milano�� $ 2,225.93

�� 37 North 12^th Street

Kenilworth, NJ 07033�� TOTAL $2,225.93

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Council Meeting Minutes � February 23, 2011�� Page 8

Motion was made by Councilman Pugliese, seconded by Councilman Klinder to open the meeting to the public.� All in favor.

MEETING OPEN TO THE PUBLIC

No one wished to speak.

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

GENERAL BUSINESS

Mayor Fiamingo mentioned that she is working on a memorial for the 10^th Anniversary of September 11^th .� She has asked the Police Chief, the PBA and Commander Jeans from the VFW to come up with a plan or a design.� She said she is going to try and raise some money to produce an appropriate memorial for the three individuals from this community.� She said in the future you may be hearing from her to help with some financial assistance so that we can put together something truly worthy of the people who lost their lives on September 11^th to honor them on the 10^th Anniversary.�

Councilman Pugliese congratulated the Brearley Bears Wrestling Team for winning the Group 2 title.� He congratulated the members of the team as well as the parents. He wished them luck in Atlantic City.

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.

8:150 P.M.�� Respectfully submitted,

��

�� Hedy Lipke, Borough Clerk��

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ROLL CALL

MINUTES

REPORT OF COMMITTEES

DEPARTMENT OF PUBLIC WORKS

DEPARTMENT OF PUBLIC SAFETY

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

CONSENT AGENDA

ORDINANCES AND RESOLUTIONS

WHEREAS, Fidelity National Title paid the property taxes for the 1st quarter of 2011 for the property located at 37 North 12th Street, Kenilworth, NJ, and;

WHEREAS, this resulted in a duplicate tax payment for the 1st quarter of 2011;

WHEREAS, Fidelity National Title has requested that the overpayment of the 1st quarter be refunded to the homeowner;

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.

WHEREAS, Fidelity National Title paid the property taxes for the 1^st quarter of 2011 for the property located at 37 North 12^th Street, Kenilworth, NJ, and;

WHEREAS, this resulted in a duplicate tax payment for the 1^st quarter of 2011;

WHEREAS, Fidelity National Title has requested that the overpayment of the 1^st quarter be refunded to the homeowner;