Council Minutes from 4/13/2011

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, APRIL 13, 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 Joho, and carried that the minutes of the Work Session of March 22, 2011 and the Regular Council Meeting of March 23, 2011, be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS:

�Letter from Kathy Camacho on behalf of the Special Ed PTO of Harding School asking permission to place Autism Awareness ribbons on Boulevard trees for month of April.
Letter from Claudia Moreno asking that the date of their 5K Run Fund Raiser be changed from May 22^nd to June 12^th.
Letter from Barbara and Ted Rapczynski, 339 Roosevelt Lane, asking that their section of Roosevelt Lane be paved.
Letter from Jacqueline Fidurski, 590 Richfield Avenue, urging Mayor and Council to consider filling the vacancies in the Police Department in order to maintain the stability of the community.

REPORTS

1. �Police Department Report for the month of March, 2011.

2. Construction Department Report for the month of March, 2011.

3. Borough Clerk�s Report for the month of March, 2011.

4. Fire Department/Rescue Squad Report for the month of March, 2011.

It was moved by Councilman Corvelli, 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 said there have been a couple of parades in the last couple of weeks.� First we had the Recreation Parade where the scoreboard was finally dedicated.� The Scoreboard was donated by the Carbone Foundation. �She said she was very thankful to the foundation for giving us the scoreboard.� She said the scoreboard has been a long time coming for reasons beyond her comprehension but she is glad it is finally up.�

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The Little League Parade was last week end.� She said it was snowing the day before the Recreation Parade and torrential rains before the Little League Parade but the day of the parades both days were gorgeous.�

The Mayor wanted to remind everyone that they are working on a design for a new September 11^th Memorial in front of Town Hall.� The Chief and the committee is working on the design and that will be up before September 11^th of this year.

The Relay for Life is June 4^th and 5^th at the High School.� If you would like to make a donation or participate in the in the relay, you can go on the website www.relayforlife.org/kenilworth .� She said there are a lot of different events going on for fund raisers for that and we are trying to raise as much money as we can for cancer research because it is a great cause.

DEPARTMENT OF FINANCE

Councilman Joho reported that the CFO and Tax Collector provided year to date reports on tax collections, overtime by department, general revenue received and budget expenditures.� This covers the first quarter of 2011.� As far as revenues and expenditures we are tracking similar to what we experienced in 2010.� He said he thinks we can all realize that on the revenue side, it is still indicative of the continued sluggish economy.� Revenues are not picking up.

DEPARTMENT OF PUBLIC WORKS

Councilman Corvelli said he has correspondence from Superintendent Ryan.� Today started Bulky Waste Pick-up on the north side of town and will continue until next Wednesday when Bulky Waste Pick-up will start for the south side of Kenilworth.� Kenilworth will pick up e-waste which consists of metal and electronics. The DPW is continuing to fill potholes.� The hot box is back and the curbs, cross walks are painted.� Councilman Corvelli acknowledged Toni Sosnosky in the audience and he thanked her for letting him know that the 4-H Club of Union County was donating trees to Kenilworth.� We were scheduled to pick up 3-5 trees today which were earmarked for Kenilworth but, due to the weather, it was cancelled and will be rescheduled.� He said there are a couple of trees around town that are dying and we will replace those with the new trees.� The trees are American Red Bud trees.

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese reported he received the monthly reports for March from Police Chief Grady and Detective Sgt. Timothy Dowd.� He said every spring we run the �Click It Or Ticket� program and as a result of this program extra officers are stationed throughout the Borough enforcing the seat belt laws.� As a result of this extra expense, as in the past, the Borough will be reimbursed through a grant from the State of New Jersey.� He said Sgt. Fennes has, in advance of the program, applied for the reimbursement so that we will know ahead of time whether or not we will be reimbursed for the enforcement program.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman Candarella reported he has received the Construction Report and the Zoning Report and all seem to be in order.

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DEPARTMENT OF RECREATION AND FIRE

Councilman Leary announced the Recreation Department is having their annual Easter Egg Hunt this Saturday.� Festivities kick-off at 10:00 AM at the softball field behind Harding School.� The hunt itself will kick-off at 11:00 AM.� The hunt is for all children up to the 4^th Grade.� The rain date will be on Sunday.�

Councilman Leary said the Recreation Parade was a lovely event and over 200 children participated in the parade.� He thanked everyone involved and everyone who came out for the parade.� He thanked the Tim Carbone Foundation for donating the scoreboard.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Klinder reported that back by popular demand, Karen Land will tell more stories about her experience as an Iditared racer. The program will be held on May 5^th between 7 and 8 pm.� On May 6^th a Kenilworth resident will be playing the harp at the Library. You can contact the Library for further information.�

ORDINANCES AND RESOLUTIONS

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

CONSENT AGENDA

Resolutions No. 1 thru 6 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.

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:� That the Borough Clerk be authorized to issue the following�� Raffle Licenses:

��

#1015� Kenilworth Rotary Club for a Merchandise Raffle on May 6, 2011 at 33 South 21^st Street, Kenilworth, NJ.

#1016 Kenilworth Rotary Club for an On-Premise 50/50 Raffle on May 6, 2011 at 33 South 21^st Street, Kenilworth, NJ

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RESOLUTION NO. 3

WHEREAS, Corelogic Tax Services paid the property taxes for the 1^st quarter of 2011 for the property located at 100 Park Drive, Kenilworth, NJ, and;

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

WHEREAS, Corelogic Tax Services has 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

�� 93�� 8�� Corelogic Tax Services�� $ 1,865.05

Attn: Refunds

1 Corelogic Drive

Westlake, TX 76262

�� TOTAL�� $ 1,865.05

��

RESOLUTION NO. 4

2010 TONNAGE GRANT APPLICATION

WHEREAS, �The Mandatory Source Separation and Recycling Act, P.L. 1987, c. 102, has established a recycling fund from which tonnage grants may be made to municipalities in order to encourage local source separation and recycling programs; and

WHEREAS,� It is the intent and the spirit of the Mandatory Source Separation and Recycling Act to use the tonnage grants to develop new municipal recycling programs and to continue and expand existing programs; and

WHEREAS, The New Jersey Department of Environmental Protection has promulgated recycling regulations to implement the Mandatory Source Separation and Recycling Act; and

WHEREAS,� The recycling regulations impose on municipalities certain requirements as a condition for applying for tonnage grants, including but not limited to, making and keeping accurate, verifiable records of materials collected and claimed by the municipality; and

WHEREAS,� A resolution authorizing this municipality to apply for such tonnage grants for 2009 will memorialize the commitment of this municipality to recycling and to indicate the assent of the Mayor and Council of the Borough of Kenilworth to the efforts undertaken by the municipality and the requirements contained in the Recycling Act and recycling regulations; and

WHEREAS, Such a resolution should designate the individual authorized to ensure the application is properly completed and timely filed.

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NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Kenilworth that the Borough of Kenilworth hereby endorses the submission of the recycling tonnage grant application to the New Jersey Department of Environmental Protection and designates Public Works Superintendent Daniel Ryan to ensure that the application is properly filed; and

BE IT FURTHER RESOLVED that the monies received from the recycling tonnage grants be deposited in a dedicated recycling trust fund to the used solely for the purposes of recycling.

RESOLUTION NO. 5

WHEREAS, an application has been filed for a person-to-person transfer of Plenary Retail Consumption License #2008-33-002-005, heretofore issued to Kenilworth Bistro, LLC for premises located at 520 South 31^st Street, Kenilworth, New Jersey

WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid, and the license has been properly renewed for the current license term; and

WHEREAS,� the applicant has disclosed and the issuing authority reviewed the source of all funds used in the purchase of the license and the licensed business and all additional financing obtained in connection with the licensed business;

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Kenilworth does hereby approve, effective April 13, 2011, the transfer of the aforesaid Plenary Retail Consumption License to M&A Restaurant, LLC and does hereby direct the Borough Clerk to endorse the license certificate to the new ownership as follows:� �This license, subject to all its terms and conditions, is hereby transferred to M&A Restaurant, LLC, 520 South 31^st Street, Kenilworth, NJ, effective April 13, 2011.

RESOLUTION NO. 6

RESOLUTION SUPPORTING A-3412 SHARING THE BURDEN OF PROPERTY ASSESSMENT APPEAL REFUNDS

WHEREAS, when County Tax Board appeals are granted the municipality must reimburse the property taxpayer 100% of the appealed tax levy, which includes the municipal, school, county and any special districts tax; and

WHEREAS, the municipal tax collector makes the adjustment from the appeal as a credit on the 4^th quarter tax bill resulting in the municipality�s fund balance for the preceding year to diminished , if not completely depleted; and

WHEREAS, a recent League of Municipalities� survey has measured the extent to which residents have filed and won tax appeals in 2010; and

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WHEREAS, one hundred fifty (150) municipalities, representing all both large and small municipalities in all 21 counties, that participated in the survey reported property value declines of more than $87,900,000, which resulted from 19,788 tax appeals filed in 2010; and

WHEREAS, those responding to the survey indicated that 13,760 appeals were filed in 2009, compared to 19,788 in 2010, representing an increase of 43.7%; and

WHEREAS, a municipality often experiences an increase in tax appeals because they have conducted a revaluation, however, only 5 of the 150 municipalities, which participated in our survey, indicated that their 2010 appeals resulted from revaluations; and

WHEREAS, as a way of comparison, 23 of the participating municipalities conducted revaluations in 2009, when fewer tax appeals were presented to the County Tax Boards; and

WHEREAS, the 2010 spike in appeals should be attributed to the economic down-turn, which lowered property values and placed increased stress on the income of homeowners, all around our Garden State; and

WHEREAS, the survey also indicated that in 2010 the various County Tax Boards have granted average property value reductions of close to $5,000, per appeal; and

WHEREAS,� fifty-six percent of those responding indicated that the successful tax appeals would have an impact on fund balances and place additional pressures on local officials during 2011; and

WHEREAS, although the survey was a snapshot picture in time, it can be used to project what might follow in 2011, since the reductions, which were granted by County Tax Boards in 2010, will have a multiplier effect when neighbors learn of their neighbor�s tax reduction, which will likely increase the appeals and in the alternative, Tax Assessors could be forced to adjust property values, based upon the appeal information; and

WHEREAS, successful tax appeals have a three-fold negative impact on municipal budgets. First, the municipality, as the collector of taxes for the School district, county and special districts, must fund the full cost of the legal defense of the assessment. Second, since State law guarantees to the county and the school district 100% of their levies, the municipality bears the full cost of any re-imbursements resulting from the appeal (as well as the full burden for any uncollected taxes). Third, the end result will be a further decline in the property tax base used to support Municipalities, County governments and School systems; and

WHEREAS, in light of the revenue limitations that have been placed on all levels of local government by the Legislature (2% cap), such declining values will compound and add additional stress to local public officials, as they grapple with the issues confronting the tax paying public; and

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WHEREAS, Assemblyman Carroll has recently introduced A-3412, which requires fire districts, school districts, and county governments to share in burden of property assessment appeal refunds;

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Kenilworth hereby urge the swift passage and signing of A-3412; and

BE IT FURTHER RESOLVED, that copies of this Resolution be forwarded to New Jersey Governor Christopher Christie, to Senate President Stephen Sweeney, to Assembly Speaker Sheila Oliver, to our State Senator, to our two Representatives in the General Assembly, and to the New Jersey League of Municipalities.

Proposed Ordinance No. 2011-02 was read for second reading as follows:� (Copy appears in Minutes of March 9, 2011)

ORDINANCE NO. 2011-02

�� AN ORDINANCE OF THE BOROUGH OF KENILWORTH AMENDING THE EXISTING CHAPTER 169 (STORMWATER CONTROL) OF THE CODE OF THE BOROUGH OF KENILWORTH, COUNTY OF UNION, STATE OF NEW JERSEY TO ESTABLISH A NEW ARTICLE ENTITLED �REFUSE CONTAINERS/DUMPSTERS

Mayor Fiamingo stated this is a second reading on an ordinance that is required as a result of the DEP and is an amendment to our current ordinances regulating the use of dumpsters and refuse containers.� The Mayor said if anyone wishes to speak to please step forward, state their name and address for the record.� No one wished to speak and the Mayor closed the hearing on Ordinance No. 2011-02.

RESOLUTION NO.� 7

Introduced by Peter Corvelli adoption moved by same.

Seconded by Scot Klinder

Be It Hereby Resolved: that Proposed Ordinance 2011-02 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. 2011-03 was read for second reading as follows:� (Copy appears in Minutes of March 9, 2011)

ORDINANCE NO.� 2011-03

AN ORDINANCE OF THE BOROUGH OF KENILWORTH AMENDING THE EXISTING CHAPTER 169 (STORMWATER CONTROL) OF THE CODE OF THE BOROUGH OF KENILWORTH, COUNTY OF UNION, STATE OF NEW JERSEY TO ESTABLISH A NEW ARTICLE ENTITLED �PRIVATE STORM DRAIN INLET RETROFITTING�

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Mayor Fiamingo stated this is a second reading on an ordinance that is required by the DEP to establish private storm drain inlet retrofitting provisions.� The Mayor said if anyone wishes to speak to please step forward, state their name and address for the record.� No one wished to speak and the Mayor closed the hearing on Ordinance No. 2011-03.

RESOLUTION NO. 8

Introduced by Peter Corvelli adoption moved by same.

Seconded by Scott Klinder

Be It Hereby Resolved: that Proposed Ordinance 2011-03 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. 2011-04 was read for second reading as follows:� (Copy appears in Minutes of March 9, 2011)

ORDINANCE NO. 2011-04

AN ORDINANCE OF THE BOROUGH OF KENILWORTH AMENDING ARTICLE I (ESTABLISHMENT; OPERATION) IN CHAPTER 41 (RECREATION, DEPARTMENT OF) OF THE CODE OF THE BOROUGH OF KENILWORTH, COUNTY OF UNION, STATE OF NEW JERSEY

Mayor Fiamingo stated this is a second reading on an ordinance which amends the By-Laws of the Recreation Department .� The Mayor said if anyone wishes to speak to please step forward, state their name and address for the record.� No one wished to speak and the Mayor closed the hearing on Ordinance No. 2011-04.

RESOLUTION NO.9

Introduced by Kevin Leary, adoption moved by same.

Seconded by Brian Joho

Be It Hereby Resolved: that Proposed Ordinance 2011-04 be and the same is hereby passed on second and final reading an ordered published according to law.

Roll Call:� All in favor

MEETING OPEN TO THE PUBLIC

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

Tom Wyckoff, 634 Kingston- Mr. Wyckoff asked if the Mayor and Council could provide advance warning for residents along the parade route.� He said he is glad everyone enjoyed the parade but he was trapped inside his house while 3,000 kids and 4 fire trucks were going down the

Council Meeting � April 13, 2011�� Page 9

street and although he did not have to leave his house, it could have been a major inconvenience if he did.� The Mayor replied yes.�

Mr. Wyckoff said after the Christmas Blizzard, crews from the Post Office were parking all over Kingston Avenue and made it nearly impossible for him to get out of his driveway.� He called the police and the officer that responded told him that the Borough has no snow covered streets parking ordinance.� He said on the Boulevard down by Epping Drive there is a sign that says �No Parking When Street is Snow Covered�.� Mr. Wyckoff asked do we or do we not have an ordinance regarding parking during snow storms?� The Mayor said that Ordinance was repealed but in light of what has gone on this past winter, they are reviewing the ordinance.� The Mayor thanked Mr. Wyckoff for reminding her.

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

GENERAL BUSINESS

Mayor Fiamingo congratulated David Brearley Wrestlers.� The Star Ledger named them the Team of the Year.� They won their 6^th straight Union County Tournament and they tied for District Two in the State and they took the Group II Team State Title which is a fantastic accomplishment for all the wrestlers as well as Scott Weaver who is the coach.

The Mayor attended the seventh Eagle Scout Court of Honor earlier this month.� She said Joe Liewinko did a fantastic job painting the OEM Building and it looks 1000% better than it did before and the Borough really appreciates all the hard work.� ��

ADJOURNMENT

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

8:20 P.M.�� Respectfully submitted,

��

�� Hedy Lipke, Borough Clerk��

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