Council Minutes from 4/27/2011

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, APRIL 27, 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 Klinder, and carried that the minutes of the Work Session of April 12, 2011 and the Regular Council Meeting of April 13, 2011, be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

Hearing on the 2011 Kenilworth Municipal Budget

Motion made by Councilman Joho, seconded by Councilman Corvelli, to open the meeting to the public on the 2011 Municipal Budget.

The Mayor stated if anyone has comments relative to the 2011 Municipal Budget Amendment to please step forward and state their name and address for the record.

John Bury, 417 North 15^th Street � Mr. Bury asked what is the total budget?� Jim Cerullo, Borough Auditor answered $14,629,000.00 of which approximately 11 million is coming from taxation.� Mr. Bury asked what is the actual increase in taxes from last year?� Mr. Cerullo responded 4.61%. Mr. Bury asked if there were any non-budgeted revenues?� He said the County hides 9 million dollars of revenue and he asked if the Borough does that?� Mr. Cerullo replied no.� Mr. Bury asked what is the amount of the debt service? Mr. Cerullo replied approximately $889,000.00.� Mr. Bury asked what is the pension cost?� Mr. Ordway, Borough�s CFO replied $1,029,092.00.� Mr. Bury asked what is the healthcare cost?� Mr. Cerullo replied $1,762,300.00.�

Motion was made by Councilman Joho seconded by Councilman Candarella to close the hearing on the 2011 Municipal Budget.

Proposed Ordinance No. 2011-05 was read for second reading as follows:� (Copy appears in Minutes of March 23, 2011)

ORDINANCE NO. 2011-05

CALENDAR YEAR 2011

ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS

AND TO ESTABLISH A CAP BANK

(N.J.S.A. 40A: 4-45.14)

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Mayor Fiamingo stated this is a second reading on an ordinance to establish a cap bank.� The Mayor asked if anyone wished to speak on Ordinance 2011-05 to please step forward. No one wished to speak and the Mayor closed the hearing on Ordinance 2011-05.

RESOLUTION NO.1�

Introduced by Brian Joho adoption moved by same.

Seconded by Sal Candarella

Be It Hereby Resolved: that Proposed Ordinance 2011-05 be and the same is hereby passed on second and final reading an ordered published according to law.

Roll Call:� All in favor.

Mayor Fiamingo asked for a motion on Resolution No. 2 and Resolution No. 3.

Motion was made by Councilman Joho to table the adoption of Resolution No. 2 and No. 3 until the next meeting on May 11th, seconded by Councilman Pugliese.

All in favor.

PRESENTATION

Mayor Fiamingo presented a check to Vicky Roman and Suzanne Albano of the David Brearley PTO for 2011 Project Graduation. The Mayor said the funds will be used to help fund graduation night for the seniors.� The Mayor asked where Project Graduation will be held this year and Vicky Roman replied they have a fun night planned at Drew University.�

COMMUNICATIONS AND PETITIONS:

�Public Hearing Notice received on an application from Raffaele Pugliese and Catrina Sposaro before the Kenilworth Land Use Board for a Certificate of non-conformity to permit a two family residential dwelling in a R-2 Zone.� Hearing scheduled for April 28, 2011.

It was moved by Councilman Candarella, 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 COMMITTEES

Mayor Fiamingo reported on Monday, May 1^st the American Cancer Society will be painting the town purple by placing ribbons on trees throughout the town for cancer research awareness.� She said if you are interested in participating in helping you can meet up at Especially Yours on Sunday morning.

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The Mayor reported the Borough now has a new Channel 45 which will have Council Meetings and other programming in the future.�

There is going to be a fun event on Friday, May 13^th at the David Brearley High School Auditorium.� The event is a Family Feud with the Kenilworth Police Department vs. Kenilworth Volunteer Fire Department.� The fee is $10.00 and the event starts at 7:00 and the proceeds will be for Relay For Life which is a cancer research event.

The Mayor reminded everyone the Relay for Life is on June 4^th at David Brearley High School.

DEPARTMENT OF FINANCE

Councilman Joho reported that today was the Budget Hearing for the 2011 Municipal Budget.� He said this his fourth �budget that he has been involved with and it does not get any easier and obviously we would like to do more and have more and not have to worry about future revenues but just like running a household, we have an obligation to work within our means.� This year�s budget reflects continued spending restraints across the board.� Health Insurance costs increased by $221,968.00 and the increase in pension obligation costs was $179,715.00 with the total increase in uncontrollable costs being over $401,000.00.� Other spending increases in the budget amounted to only $76,799.00. We have utilized the final $300,000.00 in proceeds from the Girl Scout Property sale.� These monies were used for the third year in a row to reduce taxes.� We created a budget under the State�s new 2% Cap and we were $140,305.00 under the tax levy cap which is not something every town can celebrate this year.� He said thankfully the State has maintained our State Aid at the 2010 level.� He said overall we present the budget that satisfies the needs of the residents and maintains the necessary services of the Borough and yet shows spending restraints.� We postponed the vote on the budget until next meeting so that we can further investigate one item on the budget.� He said he looks forward to the final adoption of the budget.

DEPARTMENT OF PUBLIC WORKS

Councilman Corvelli reminded everyone that grass and brush pick-up continues and Bulky Waste is over and Superintendent Ryan said everything went fairly smooth.� The line-stripping machine and the pump are down. �He said due to the excessive amounts of rain it has been hard to get to the parks and cut Borough properties.� Superintendent Ryan said once it dries out a little bit the machines will continue and they will be able to shape things up.� Councilman Corvelli thanked Toni Sosnosky for the 4 trees that were delivered to the Borough.� The trees will be planted accordingly on a need basis.

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese reported that Patrolman Michael Devlin has returned to duty.� He said over one year ago he was injured while providing aid to a motorist on the Garden State Parkway.�

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DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman Candarella reported the Planning Board has one hearing tomorrow.

DEPARTMENT OF RECREATION AND FIRE

Councilman Leary thanked all the families that came out for the Easter Egg Hunt.� He said it was a well-attended event and he hoped that everyone had fun. He thanked the Recreation Committee Members and Recreation Director Pat Boyle for making the event happen.� He apologized for any inconvenience that was caused because of the mix up in the time for start� of the actual hunt.� He said there was a mix up on the flyer and he will make sure in the future that something like that never happens again.

Councilman Leary reminded residents that there will be sign-ups for multiple recreation events that are coming up in the spring and summer.� Sign-ups will be on Monday, May 2^nd from 7:00 pm to 9:00 pm and again on Wednesday, May 4^th from 7:00 pm to 9:00 pm at the Recreation Building.� Among those events are the Somerset Patriots event and also The Land of Make Believe Event.� He said you can go to the Recreation Department web site for more information.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Klinder reported that next week on May 5^th the Kenilworth Library will present Karen Land, the Iditarod racer. Also on Friday, May 6^th will be the harp recital.� The rabies clinic was held back in March and� 33 dogs and 8 cats participated.�

ORDINANCES AND RESOLUTIONS

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

CONSENT AGENDA

Resolutions No. 4 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.

Councilman Candarella� moved that all items under Consent Agenda be approved, seconded by Councilman Klinder. Upon roll call the vote was unanimous.

RESOLUTION NO.4

BE IT HEREBY RESOLVED:�� That all bills be paid when properly audited and funds are available.

RESOLUTION NO. 5

BE IT HEREBY RESOLVED:� Whereas, the Municipal court�s check book shows outstanding checks.� These checks should be voided and the monies be turned over to the Borough of Kenilworth.

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NOW, THEREFORE, BE IT RESOLVED: That the Court Administrator is authorized to draw said warrants in the amount of $378.00 from the Court�s Special Bail Account.

RESOLUTION NO. 6

BE IT HEREBY RESOLVED:� Whereas, the Municipal court�s check book shows outstanding checks.� These checks should be voided and the monies be turned over to the Borough of Kenilworth.

NOW, THEREFORE, BE IT RESOLVED: That the Court Administrator is authorized to draw said warrants in the amount of $34.00 from Court�s General Account.

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RESOLUTION NO. 7

WHEREAS, At the Borough Tax Sale held on June 29, 2010, a lien was sold on a parcel located at 735 Lexington Avenue in Kenilworth, for delinquent 2009 taxes, and

WHEREAS, This property is also known as Block 173, Lot 1, owned at the time by Gassler & Mack Holdings, LLC, and

WHEREAS, This lien known as Tax Title Lien Certificate #10-00010 was �struck� off to the Borough of Kenilworth, for a 18% redemption fee, and

WHEREAS, Park Finance, LLC has foreclosed on the property and is the current owner of record, and

WHEREAS, Park Finance, LLC has requested redemption of this lien, and

WHEREAS, Park Finance, LLC has paid all monies due on TTL #10-00010, including all municipal charges to the Tax Collector of the Borough of Kenilworth,

NOW, THEREFORE, BE IT RESOLVED, That the Mayor and Borough Clerk be authorized to sign Tax Title Lien Certificate #10-00010, to verify the redemption and cancellation of said such Borough Lien.

RESOLUTION NO. 8

BE IT HEREBY RESOLVED:� That TIMOTHY HOFFMAN be retained as an

appraiser for consultation and� appraisal reports with respect to certain properties

under appeal at a cost not to exceed $17,500.

MEETING OPEN TO THE PUBLIC

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

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Dennis Lonagan, 276 Lincoln Drive � Mr. Lonagan said he is here for the second time in two years to report a problem with water on Lincoln Drive. He said there is a pump a couple of houses down from his house and the water just keeps pumping and it builds up right by the front of his house.� He said at times it is up to his ankles.� He said it comes up to his driveway and it makes it difficult to bring the garbage in and out and impossible to park on his side of his street.� He said as his wife was getting out of the car someone drove by and splashed all over her.� He spoke with the Board of Health last year because there was a mosquito issue and they passed it over to the Zoning Officer, Bob Herbert and he said he was going to get the ball rolling and that was two months ago and nothing has happened and it is a constant hazard.� He said he has been on the phone with basically everyone and it seems like everyone is passing the buck.� He said he wants this on the record because it has been two years and it has to stop.� He would like some answers as to whether a basin should be put in or the street has to be pitched but there has to be an answer.� Mayor Fiamingo asked if Mr. Lonagan lived at 276 Lincoln because she is a little confused because she is looking at a letter that was addressed to you but she said you are not the one with the sump pump? Mr. Lonagan said no he is not the one with the sump pump, he is the one complaining about the sump pump.� Mayor Fiamingo said she will have to look into this because there was a letter and it looks like it was addressed to the wrong person. She said she does not know what the problem is but she will look into this because this should not happen. Mr. Lonagan said the last thing he wanted to do was to come to a council meeting with this but it has been going on for two years and he is not getting any answers.� He said it is the part of Lincoln Drive that is by Columbia.

John Bury, 417 North 15^th Street � Mr. Bury asked what is the reason for postponing the budget?� He asked if the Borough was waiting for more grants?� Councilman Joho said no it is not being delayed waiting for grants it is being delayed for utilization of some Capital Improvement Fund money which needs to be further discussed by the Council.� Mr. Bury said if you are using the last of the $300,000.00 from the sale of the Girl Scout House this year what are you planning to use for 2012 to make that up for that gap?� He asked if anyone was getting laid- off? �The Mayor said we are starting to look at 2012 because we know we have that $300,000.00 plug and she doesn�t think it is going to get any better.� She said we are not looking at lay-offs right now but there are some retirements coming up.� We are looking at everything to see where we are. Councilman Joho said part of the discussion about the Capital Improvement Fund money is to basically reserve that for the shortfall next year. Mr. Bury asked if anyone knew what the healthcare and pension costs are going to be in 2012? The Mayor said you would need a crystal ball and she asked Jim Cerullo if he knows what the cost would be for 2012?� He said he does not know that off the top of his head.� Mr. Bury asked what was the total payroll?� Mr. Cerullo said the budgeted salaries are $5,348,760.00. �

Mr. Bury asked if the Borough would be looking at the healthcare costs to cut back?� Mayor Fiamingo replied that there are a lot of contracted costs and you can�t change the type of coverage but next year the police will be contributing something toward those costs and this year the DPW has been contributing a percentage as well as our non-contractual employees..� She said it is not going to cover the increase but we are getting some money back on the revenue side.

Rich Margeton, 273 Lincoln Drive � Mr. Mark said he is here tonight for the water problem on Lincoln Drive and he said it is a lake there and is all ripped up.� He said the town fixed it once or twice and they will have to fix it the right way, he said he slipped on the mud that is on peoples

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lawn caused by the water.� He said this has been going on for years and that it stopped for a year and now it started again.� He said the reason for the problem is that they dug the basement way down deep and then they cemented the whole back yard and there is no where for the water to go.� He said it should not be his problem about where the water should go and the Mayor agreed.

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

GENERAL BUSINESS

Mayor said everyone should go over to Baskin Robbins for an ice cream to support the Fire Department.

ADJOURNMENT

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

8:30 P.M.�� Respectfully submitted,

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�� Hedy Lipke, Borough Clerk��

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