Council Minutes from 7/13/2011

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, JULY 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 Kathi 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 June 21, 2011 and the Regular Council Meeting of June 22, 2011 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS:

1. Civil Action Summons received on 6/12/11 � Nelli Troiano & Diane Troiano vs. Borough of Kenilworth, et al.

2. Letter from Central Jersey Roadrunners Club requesting permission to hold its 34^th annual Fall Classic 4 Mile Road Race on Sunday, August 28, 2011.

3. Letter from Comcast asking for commencement of a formal contract renewal procedure.

4. Letter from Shawn Kelly, President, Kenilworth Volunteer Fire Department, announcing that the Fireman�s Carnival will be Monday, August 15 through Saturday, August 20^th at St. Theresa�s.

5. Letter to Mayor and Council from Shawn Kelly, President Kenilworth Volunteer Fire Department thanking Mayor and Council for their support by sponsoring a booth in their honor at the Carnival.

REPORTS

1. Police Department Report for the month of June, 2011.

2. Borough Clerk�s Report for the month of June, 2011.

3. Construction Department Report for the month of June, 2011

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

It was moved by Councilman Leary, seconded by Councilman Corvelli, 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 expressed her gratitude to everyone who has contributed to the 9/11 Memorial.� She said she sent out several hundred letters to various merchants throughout the town requesting donations to defray the cost of the memorial. She said we received donations and we look forward to receiving even more as the days pass.

Council Meeting Minutes � July 13, 2011�� Page 2

She said she thinks everyone already probably knows about the momentous passing of the pension reform which probably will affect almost everyone and she said we will see how it works out relative to tax relief.�

DEPARTMENT OF FINANCE

Councilman Joho said the Finance Officer has provided the Mayor and Council with the mid-year reports on tax collections, overtime, general revenues received and budgeted expenditures.� As of June 30^th the tax collection rate was 97.15% and tax collections are tracking ahead of last year.� He said there were positive signs of activity in the community as the fees and permits collected in the Building Department for street openings and inspections have increased since last year.� He said he is not sure about the street openings being positive. He said department overtime and spending figures are in line and nothing is exceeding budgeted amounts at mid-year.��

DEPARTMENT OF PUBLIC WORKS

Councilman Corvelli reported he received correspondence from Superintendent Ryan reporting that as of January 2012 it will be mandated by the State that we have a Certified Recycling professional.� He said the secretary at the DPW will be enrolling in classes at Rutgers. He said he brought this to the Council last night and has instructed Superintendent Ryan to fill out a spec and let us know what the activities will be and then we will bring it to the Personnel Committee and back to the Council to make a decision.

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese said a meeting will take place on July 29^th with the County of Union to discuss the possibility of using the County�s Police Emergency Dispatch Services.� He said following that meeting we will meet with Roselle Park to discuss the possibility of joint Roselle Park/Kenilworth Police Emergency Dispatch as well as the possibility of merging the courts or sharing the courts.� He said he will report more at the August meeting.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman Candarella reported the Construction Report and Zoning Reports are in order.� They found 2 illegal two-family houses and one person working without a permit.� The inspectors have been very busy and have been out there doing their jobs and getting to people as quickly as they can.

DEPARTMENT OF RECREATION AND FIRE

Councilman Leary reported the Recreation Department will be holding their Hyatt Hills Mini Golf and Barbeque on July 21^st.� On August 4^th they will have a Canoe Trip and Barbeque and for more information on both events you can contact the Recreation Department.� On August 15 through August 20^th the Kenilworth Volunteer Fire Department will be holding its annual Carnival and for more information regarding that you can contact the Fire Department.� Councilman Leary read a letter from 740 Colfax Associates, LLC that read �I am sending this letter with regards to an incident that occurred at my place of business on June 23, 2011.� Sometime late

Council Meeting Minutes � July 13, 2011�� Page 3

in the morning a driver rang his doorbell to advise him that an 18-wheel tractor just took down a bunch of wires that went from a telephone pole to my building at the corner of Colfax and

Carnegie Avenues.� The reason for this letter is to acknowledge the prompt and professional response of the Kenilworth Fire Department.� There was a car from the Fire Department here is 90 seconds, a Fire Truck less than two minutes after that and 3 Police Cars a minute after that.� Needless to say, as a small business property owner I was quite impressed.� I just wanted to express my feelings and how safe I feel with the Kenilworth Fire Department and Police Department being as responsive as they were.� I know the Kenilworth response team is top notch�.� Thank you Dan Madonno.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Klinder reported that Bard on the Boulevard will continue with Henry the Fifth at the David Brearley Football Field at 7:30 on Thursday July 21, 2011 and finishes up on August 11th.� Library Fest will be held on Wednesday, August 3^rd and will feature a musician, juggler and �Sparky� the mascot from the Somerset Patriots. ��

ORDINANCES AND RESOLUTIONS

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

CONSENT AGENDA

Resolutions 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 Candarella moved that all items under Consent Agenda be approved, seconded by Councilman Klinder. 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 Chief Finance Officer be authorized to make payments for necessary obligations prior to the next regularly scheduled Council Meeting on August 13, 2011.

RESOLUTION NO. 3

Be It Hereby Resolved:�� That the attached list of Retirees be reimbursed for their payments for Medicare coverage from January 1, 2011 through June 30, 2011 inclusive, in accordance with Chapter 231, P.L. 1970 State of New Jersey.

Council Meeting Minutes � July 13, 2011�� Page 4

RESOLUTION NO. 4

WHEREAS, BAC Tax Services Corp. paid the property taxes for the 2^nd quarter of 2011 for the property located at 23 South 23^rd Street, Kenilworth, NJ, and;

WHEREAS, this resulted in a tax overpayment for the 2^nd quarter of 2011 in the amount of $1,407.49;

WHEREAS, BAC Tax Services Corp. has requested that the overpayment of the 2^nd 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

117�� 26�� BAC Tax Services Corp.�� $ 1,407.49

�� CA6-913-LB-01

P.O. Box 10211

Van Nuys, CA 91499-6089

�� TOTAL�� $ 1,407.49

RESOLUTION NO. 5

WHEREAS, BAC Tax Services Corp. paid the property taxes for the 2^nd quarter of 2011 for the property located at 309 North 12^th Street, Kenilworth, NJ, and;

WHEREAS, this resulted in a tax overpayment for the 2^nd quarter of 2011 in the amount of $2,751.67;

WHEREAS, BAC Tax Services Corp. has requested that the overpayment of the 2^nd quarter be refunded to them;

Block�� Lot�� Payable To:�� Amount

10�� 2�� BAC Tax Services Corp.�� $ 2,751.67

�� CA6-913-LB-01

P.O. Box 10211

Van Nuys, CA 91499-6089

�� TOTAL�� $ 2,751.67

Council Meeting Minutes � July 13, 2011�� Page 5

RESOLUTION NO. 6

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

# 1020� Knights of Columbus, Council #4816 for an Off-Premise Raffle on December 8, 2011 at 191 Market St., Kenilworth, NJ.

#1021 Kenilworth Fire/Rescue Support Organization for an Off-Premise 50/50 Raffle on August 20, 2011 at 541 Washington Ave., Kenilworth, NJ

# 1022 Kenilworth Fire/Rescue Support Organization for� Games of Chance between August 15^th and August 20st, 2011 at 541 Washington Ave., Kenilworth, NJ.

#1023� Kenilworth Fire/Rescue Support Organization for On-Premise 50/50 Raffles between August 15^th and August 20^st, 2011 at 541 Washington Ave., Kenilworth, NJ.

#1024 Kenilworth Jets for a Calendar Raffle from September 11^th thru November 6, 2011 at Ward Field, 401 Monroe Avenue, Kenilworth, NJ

#1025 Kenilworth Jets for 50/50 Raffles on August 28, September 25, November 2 and November 15, 2011 at Ward Field, 401 Monroe Avenue, Kenilworth, NJ.

RESOLUTION NO.7

WHEREAS, The Borough Council of the Borough of Kenilworth, County of Union, State of New Jersey recognizes that the abuse of alcohol and drugs is a serious problem in our society amongst persons of all ages; and,

WHEREAS, The Borough Council further recognizes that it is incumbent upon not only public officials but upon the entire community to take action to prevent such abuse in our community; and,

WHEREAS, the Borough Council has applied for funding to the Governor�s Council on Alcoholism and Drug Abuse through the County of Union.

NOW, THEREFORE, BE IT RESOLVED by the Borough of Kenilworth, County of Union, State of New Jersey hereby recognizes the following:

1. �The Borough Council does hereby authorize submission of an application for the Kenilworth Municipal Alliance grant for calendar year 2012 in the amount to be determined by Request for Application (RFA) Process.

2. The Borough Council acknowledges the terms and conditions for administering the Municipal Alliance grant, including the required amounts of 25% Cash and 75% In-kind matches, and the administrative compliance and audit requirements.

Council Meeting Minutes � July 13, 2011�� Page 6

CERTIFICATION

��

�I, Hedy Lipke, Borough Clerk of the Borough of Kenilworth, County of Union, State of New Jersey, do hereby certify the foregoing to be a true and exact copy of a resolution duly authorized by the Borough Council on this 13^th day of July, 2011.

�� _____________________________

�� Borough Clerk

RESOLUTION NO. 8

Be It Hereby Resolved:� That DOMINICK VITALE be employed as Recreation Summer Playground worker as of June 27, 2011:��

RESOLUTION NO. 9

BE IT HEREBY RESOLVED:�� That JUSTIN A. PETERS and JOSEPH KOPF� be appointed as Probationary Fire Fighter/EMT on the Kenilworth Volunteer Fire Department:

RESOLUTION NO. 10

WHEREAS, a-3285 would require that certain public contract bid advertisements include certified cost estimates or estimate ranges of projected contract cost and it would attend the grounds for rejection of all bids; and

WHEREAS, advocates for A-3285 argue that the best interests of taxpayers are served by the provisions of A-3285, because it promotes, they claim, openness and broad dissemination of information; and

WHEREAS, we agree that taxpayers are best served by openness and broad dissemination of information, however, A-3285, would, in fact, limit a competitive process that is the foundation of the Local Public Contracts Law and would not best serve the public interest; and

WHEREAS, A-3285 would require a municipality to include in the public advertisement its cost estimates of cost estimate ranges for construction projects in excess of $500,000; and

WHEREAS, A-3285 also amends the provision to reject all bids; and

WHEREAS, one of the amendments would permit a municipality to reject all bids only if the lowest bid substantially exceeds the municipality�s cost estimates or cost estimates ranges for the goods or services as published and attested; and

WHEREAS, as a result of this amendment, all contracts, including goods and services, over the contracting unit�s bid threshold will now require the public advertisement for bids to include cost estimates or cost estimates ranges; and

Council Meeting Minutes � July 13, 2011�� Page 7

WHEREAS, municipal engineers and other design professionals will typically prepare the projects cost estimates based on the current industry cost and bids received for similar projects in different municipalities; and

WHEREAS, these estimates tend to be in the middle of the current industry cost; and

WHEREAS, we are concerned that A-3285 will create the �floor� as opposed to a �ceiling� bid pricing, removing the incentive for competitiveness and prohibit a municipality from receiving the best possible price for the project; and

WHEREAS, requiring the advertisement of the cost will lead to unfair pricing and increased cost for already strained taxpayers; and

WHEREAS, A-3285 also has the potential to expose municipalities to protracted disputes and litigation.

NOW, THEREFORE, BE IT RESOLVED, by the governing body of the Borough of Kenilworth that it hereby strongly opposes the passage of A-3285 as it will delay construction projects, lead to increased costs, limit the rejection if bids and expose municipalities to protracted disputes and litigation; 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 out two Representatives in� the General Assembly, and to the New Jersey League of Municipalities.

ATTEST:��

_____________________________

Hedy Lipke, Borough Clerk

RESOLUTION NO. 11

BE IT HEREBY RESOLVED:� That Borough Engineer Grotto Associates be authorized to

advertise for �2011 NJDOT Capital Road Improvement Project�.

RESOLUTION NO. 12

Introduced by Sal Candarella adoption moved by same

Seconded by Scott Klinder

WHEREAS, an application has been filed for a Person-to-Person Transfer of Plenary Retail Consumption License #2008-38-004-008, heretofore issued to Ross Brothers II, LLC for premises located at 104 North 10th Street, Kenilworth, New Jersey

Council Meeting Minutes � July 13, 2011�� Page 8

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 July 13, 2011, the transfer of the aforesaid Plenary Retail Consumption License to BBKS House of Music 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 BBKS House of Music, 104 North 10^th Street, Kenilworth, NJ, effective July 13, 2011.

Roll Call: �Candarella voted yes, Corvelli voted yes, Joho voted yes, Klinder voted yes and Leary voted yes.� Pugliese abstained.

Proposed Ordinance No. 2011-06 was read for second reading as follows:� (Copy appears in Minutes of June 22, 2011)

ORDINANCE NO. 2011-06

BOND ORDINANCE TO AUTHORIZE THE MAKING OF VARIOUS PUBLIC IMPROVEMENTS AND THE ACQUISITION OF NEW ADDI�TIONAL OR REPLACEMENT EQUIPMENT AND MACHINERY, NEW INFORMATION TECHNOLOGY EQUIPMENT AND A NEW AUTOMOTIVE VEHICLE, INCLUDING ORIGINAL APPARATUS AND EQUIPMENT, IN, BY AND FOR THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $1,430,000 TO PAY THE COST THEREOF, TO MAKE A DOWN PAYMENT, TO AUTHORIZE THE 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 stated this is a second reading for our Capital Ordinance for 2011.� The Mayor asked if anyone wished to speak, in respect to this Ordinance, to please step forward, state their name and address for the record.�

Mary Michitsch, 725 Monmouth Avenue- Mrs. Michitsch thanked the Mayor and Council for getting the two holes filled on Michigan Avenue.� Mrs. Michitsch said the bond that we are putting up for Washington Avenue is going to cost us a lot of money and she does not think at this time, with all the other things that are coming up, that Washington Avenue is in that bad of shape and we should not be putting out $750,000.00 to pave it. She said she is a senior citizen

and is fortunate to be able to pick up the extra expenses but there are so many people that cannot afford another $100-$300 on their taxes because their taxes are going to go up enough the other way.

Council Meeting Minutes � July 13, 2011�� Page 9

Ron Knecht, 20 South 23^rd Street-� Mr. Knecht asked the Mayor if we were getting $190,000.00 towards it and is that only a one-year and if we don�t do it this year it is gone for next year?� Mayor replied yes.� He asked if that was the only street we are going to work on this year? The Mayor replied no.� He asked if there were any plans for 14^th Street because he thinks it is worse than Washington Avenue?� The Mayor said every year we apply for grants from the DOT to do the streets that are significant such as the length of Washington and 14^th Street is next on the agenda.� We have made an application for money for 14^th Street.� He asked if that would be 2012?� The Mayor replied yes.� Mr. Knecht asked if there was anything else to be done without floating this bond because the street was in such dire need from Michigan to Brearley? The Mayor said we are going to do as much as we can but the upper part by Michigan Avenue down past the Church is in pretty bad shape and we are going to address that.� He asked if it was worse than 14^th Street?� The Mayor said everything is relative and this winter 14^th Street deteriorated tremendously and we made that our next priority because of that.� She said she agrees with him 100% and it is unfortunate because of the truck traffic and during the winter it just took a beating.� Mr. Knecht said he understands but with the taxes going up this is a big hit for next year between the bond and the taxes.� The Mayor said we have to pave the streets and keep the infrastructure going so we try and pick the streets and do it in an economical way by getting as much grant money as we can so this year we got the grant money for Washington Avenue and god willing, next year we will get the money for 14^th Street because it really does need to be done.�

Mary Michitsch, 725 Monmouth Avenue -� Mrs. Michitsch asked if that means next year we will do another bond for 14^th Street?� The Mayor said we do bonds every year in order to pave streets, buy equipment and make Capital Improvements we do bond ordinances every year.� She said� between our auditor and account we are rolling them, it�s kind of like a mortgage.� Mrs. Michitsch said is like when one ends then one continues?�� The Mayor said yes more or less. Mrs. Michitsch said as an example, if we get our taxes raised $100.00 this year for Washington Avenue does that mean next year it will be raised another hundred for 14^th Street?� Mayor Fiamingo said what happens the way our Auditor and Finance Officer work it out is that as we retire one there is another one coming up.� She said quite frankly with the interest rates as depressed as they are they are working to our benefit.� She said when we retire a bond with a larger interest and replace it with a bond for a lower rate.�

Councilman Joho said our debt service is kind of level year after year with approximately the same amount in debt service so you don�t really feel it for the taxes. �

No one else wished to speak and the Mayor Fiamingo closed the hearing to the public.

RESOLUTION NO. 13

Introduced by Brian Joho, adoption moved by same.

Seconded by Scott Klinder

Be It Hereby Resolved: that Proposed Ordinance 2011-06 be and the same is hereby passed on second and final reading an ordered published according to law.

Roll Call:� All in favor

Council Meeting Minutes � July 13, 2011�� Page 10

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

GENERAL BUSINESS

Mayor Fiamingo reminded everyone that the Carnival is August 15^th through August 20^th at the St. Theresa�s School Parking Lot.� It helps the Fire Department continue on with its good work.� She asked everyone to please join her at the Carnival.

Mayor Fiamingo congratulated former Mayor Gregg David on his appointment to the Kenilworth Board of Education.� She said she believes he will do a wonderful job.

The Mayor said that Senator Kean, who will be our representative in the Senate in January had a first mobile outreach at the Kenilworth Library, unfortunately we did not have an opportunity to publicize it so she would like to make it known that she has asked the Senator to please give us some advance notice in the future so that members of the public can go and ask questions about anything that is going on in Trenton.� She said he intends to do this on a regular basis so he can reach out to his constituents in Kenilworth.

ADJOURNMENT

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

8:30 P.M.�� Respectfully submitted,

��

�� Hedy Lipke, Borough Clerk��

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