Council Minutes from 8/24/2011

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, AUGUST 24, 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, Fred Pugliese. Kevin Leary was absent.

Mayor Fiamingo stated that Kevin Leary is not here tonight because he had back surgery.

MINUTES

It was moved by Councilman Joho, seconded by Councilman Candarella and carried that the minutes of the Work Session of July 12, 2011 and the Regular Council Meeting of July 13, 2011 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS:

1. �Notice of Claim Received � DuBeau v. Borough of Kenilworth, Mayor Fiamingo and Robert Herbert, Zoning Officer � alleging violation of civil rights and negligence in the discharge of duties.

2. Letter from Karen Obuchowski, Richfield Avenue, complaining about the condition of the street and asking for attention to this matter.

3. Letter received from Amy Reithel resigning from the Recreation Committee.

4. The Kenilworth Historical Society has announced the �Freedom Run & Walk� will be held on Sunday, September 25^th and the �Communitywide Garage Sale� will be on October 1 and 2, 2011.

5. Letter from Michelle Wyss, 543 Newark Avenue, requesting permission for a Block Party on Saturday, September 24, 2011.

6. A check was received from NJ D.E.P., Solid Waste Administration, for the 2011 Recycling Tonnage Grant award in the amount of $20,826.40.

7. Letter from Gerry Dobbins, President Kenilworth Veterans Center, announcing their Veteran�s Day Service and Dedication of the �Robert E. Jeans, Sr. Veterans Memorial Park� on Friday, November 11, 2011 at 11:00 A.M.

8. Letter from Cynthia Jankiewicz, 531 Richfield Avenue, requesting permission for a Block Party on Saturday, September 10, 2011.

Reports:

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

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

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

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

It was moved by Councilman Klinder, 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

DEPARTMENT OF FINANCE

Mayor Fiamingo reported the September 11^th Ceremony will be held at 1:00 PM immediately following the national moment of remembrance.� The U.S. Senate has passed a Resolution for a National Moment of Remembrance to be held on September 11^th at 1:00 PM.� They are requesting that all the churches and firehouses in various communities ring there bells and sirens at 1:00 PM for one minute. The Mayor sent requests to all the churches asking that they participate in the moment of remembrance. sked all the churches

DEPARTMENT OF PUBLIC WORKS

DEPARTMENT OF PUBLIC SAFETY

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

DEPARTMENT OF RECREATION AND FIRE

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

ORDINANCES AND RESOLUTIONS

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

CONSENT AGENDA

Resolutions No. 1 thru 18 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 Borough Clerk be authorized to issue the following�� Raffle Licenses:

�#1026 St. Theresa�s Home School Association for a Calendar October 7, 14, 21 & 28, November 4, 11, 18 and 25^th and December 2, 9, 16, 23 and 30^th at 540 Washington Ave., Kenilworth, NJ.

#1027 St. Theresa�s Home School Association for an On-Premise Merchandise Raffle on March 24, 2011 at 540 Washington Ave., Kenilworth, NJ.

#1028 St. Theresa�s Home School Association for an On-Premise 50/50 Raffle on March 24, 2011 at 540 Washington Ave., Kenilworth, NJ.

#1029 St. Theresa�s Home School Association for an Off-Premise 50/50 Raffle on March 24, 2011 at 540 Washington Ave., Kenilworth, NJ.

#1030� Harding School PTO for an Off-Premise 50/50 Raffle on November 4, 2011 at 33 South 21^st Street, Kenilworth, NJ.

#1031� Ken Carlson Jr. Memorial Foundation for a On-Premise 50/50 Raffle on November 5, 2011 at 33 South 21^st Street, Kenilworth, NJ.

#1032� Ken Carlson� Jr. Memorial Foundation for a Casino Night on November 5, 2011 at 33 South 21^st Street, Kenilworth, NJ.

#1033� Kenilworth Historical Society for an On-Premise 50/50 Raffle on October 22, 2011 at North 22^nd Street, Kenilworth, NJ.��

RESOLUTION NO. 3

WHEREAS, the Recreation Department planned a trip for Kenilworth residents to the �Land of Make Believe� in Hope New Jersey, and

WHEREAS, this trip was scheduled for June 24, 2011, and

WHEREAS, an advanced fee was charged for the admission tickets, and

WHEREAS, due to inclement weather, the �Land of Make Believe� cancelled the outing and rescheduled the event, and

WHEREAS, the list of residents who could not attend the rescheduled date and are due a refund is attached.

NOW, THEREFORE BE IT RESOLVED that the Treasurer be and is hereby authorized to issue a warrant to refund fees as stated above to a representative of the Recreation Committee in order to process the refunds:

Payable To:�� Amount

Amy Reithel�� $ 816.00

719 Monmouth Avenue

Kenilworth, NJ 07033

RESOLUTION NO. 4

Be It Hereby Resolved:�� That RICK GARCIA be appointed as a Probationary Fire Fighter/EMT on the Kenilworth Volunteer Fire Department:

RESOLUTION NO. 5

The Borough of Kenilworth Joining the National Moment of Remembrance of the ��10^th Anniversary of September 11^th

WHEREAS, the governing body of the Borough of Kenilworth expresses their support� of the United State's Senate regarding coming together as a Nation and ceasing all work or other activity for a moment of remembrance beginning at 1:00 p.m. Eastern Daylight Time on September 11, 2011, in honor of the 10th anniversary of the terrorist attacks committed against the United States on September 11, 2001; and

WHEREAS, at 8:46 a.m., on September 11, 2001, hijacked American Airlines Flight 11 crashed into the upper portion of the North Tower of the World Trade Center in New York City, New York; and

WHEREAS, 17 minutes later, at 9:03 a.m., hijacked United Airlines Flight 175 crashed into the South Tower of the World Trade Center; and

WHEREAS, at 9:37 a.m., the west wall of the Pentagon was hit by hijacked American Airlines Flight 77, the impact of which caused immediate and catastrophic damage to the headquarters of the Department of Defense; and

WHEREAS, at approximately 10:00 a.m., the passengers and crew of hijacked United Airlines Flight 93 acted heroically to retake control of the airplane and thwart the taking of additional American lives by crashing the airliner in Shanksville, Pennsylvania, and, in doing so, gave their lives to save countless others; and

WHEREAS,� nearly 3,000 innocent civilians were killed in the heinous attacks of September 11, 2001; and

WHEREAS, tens of thousands of individuals narrowly escaped the attacks at the Pentagon and World Trade Center and, as witnesses to this tragedy, are forever changed; and

WHEREAS, countless fire departments, police departments, first responders, governmental officials, workers, emergency medical personnel, and volunteers responded immediately and heroically to those horrific events; and

WHEREAS,� the Fire Department of New York suffered 343 fatalities on September 11, 2001, the largest loss of life of any emergency response agency in United States history; and

WHEREAS,� the Port Authority Police Department suffered 37 fatalities in the attacks, the largest loss of life of any police force in United States history in a single day; and

WHEREAS,� the New York Police Department suffered 23 fatalities as a result of the terrorist attacks; and

WHEREAS,� the impact of that day on public health continues through 2011, as nearly 90,000 people are at risk of or suffering from negative health effects as a result of the events of September 11, 2001, including 14,000 workers and 2,400 community residents who are sick, and tens of thousands of others whose health is being monitored; and

WHEREAS, 10 years later, the people of the United States and people around the world continue to mourn the tremendous loss of innocent life on that fateful day; and

WHEREAS, 10 years later, thousands of men and women in the United States Armed Forces remain in harm�s way defending the United States against those who seek to threaten the United States; and

WHEREAS, on the 10th anniversary of this tragic day, the thoughts of the people of the United States are with all of the victims of the events of September 11, 2001 and their families; and

WHEREAS,� the lives of Americans were changed forever on September 11, 2001, when events threatened the American way of life; and

WHEREAS,� in 2009, Congress and the President joined together to designate September 11 as a National Day of Service and Remembrance under the Serve America Act (Public Law 111�13; 123 Stat. 1460); and

WHEREAS, in September 2009 and 2010, President Obama issued Proclamation 8413 (74 Fed. Reg. 47045) and Proclamation 8559 (75 Fed. Reg. 56463) proclaiming September 11, 2009, and September 11, 2010, respectively, as Patriot Day and National Day of Service and Remembrance; and

WHEREAS, September 11 will never, and should never, be just another day in the hearts and minds of all people of the United States;

NOW, THEREFORE BE IT RESOLVED that the governing body of the Borough of Kenilworth:

(1) recognizes September 11, 2011, as a day of solemn commemoration of the events of September 11, 2001, and a day to come together as a Nation; and

(2) offers its deepest and most sincere condolences to the families, friends, and loved ones of the innocent victims of the September 11, 2001, terrorist attacks; and

(3) honors the heroic service, actions, and sacrifices of first responders, law enforcement personnel, State and local officials, volunteers, and countless others who aided the innocent victims of those attacks and, in doing so, bravely risked and often gave their own lives; and

(4) recognizes the valiant service, actions, and sacrifices of United States personnel, including members of the United States Armed Forces, the United States intelligence agencies, the United States diplomatic service, homeland security and law enforcement personnel, and their families, who have given so much, including their lives and well-being, to support the cause of freedom and defend the security of the United States; and

(5) reaffirms that the people of the United States will never forget the challenges our country endured on and since September 11, 2001, and will work tirelessly to defeat those who attacked the United States; and

BE IT FURTHER RESOLVED that on the 10th anniversary of this tragic day in United States history the governing body of the Borough of Kenilworth calls upon all of the people and institutions of the United States to observe a moment of remembrance on September 11, 2011, including (i) media outlets; (ii) houses of worship; (iii) military organizations; (iv) veterans organizations; (v) airlines; (vi) airports; (vii) railroads; (viii) sports teams; (ix) the Federal Government; (x) State and local governments; (xi) police, fire, and other public institutions; (xii) educational institutions; (xiii) businesses; and (xiv) other public and private institutions; and

BE IT FURTHER RESOLVED that the governing body of the Borough of Kenilworth encourages the observance of the moment of remembrance to last for 1 minute beginning at 1:00 p.m. Eastern Daylight Time by, to the maximum extent practicable ceasing all work or other activity; and marking the moment in an appropriate manner, including by ringing bells, blowing whistles, or sounding sirens.

RESOLUTION NO. 6

Whereas, the Borough of Kenilworth held a tax sale on June 28, 2011 for delinquent 2010 property taxes, and a tax lien was purchased by US Bank Cust for Phoenix Funding on property located at 61 South 18^th Street, 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 $12,000.00 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 #11-00005 by the Collector of Taxes:

US Bank Cust for Phoenix Funding

DCS � Tax Lien Services Group

50 South 16^th Street � Suite 1950

Philadelphia, PA 19102

REDEMPTION AMOUNT

$6,858.62

PREMIUM TRUST ACCOUNT

$12,000.00

Treasurer�s Note: 1099 = $121.80

RESOLUTION NO. 7

Whereas, the Borough of Kenilworth held a tax sale on June 7, 2006 for delinquent 2005 property taxes, and a tax lien was purchased by Wachovia-Cust/Sass Muni V dtr on property located at 61 South 18^th Street, 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

Wachovia-Cust/Sass Muni V dtr

U.S. Bank, 2 Liberty Pl � TLSG

50 South 16^th Street � Suite 1950

Philadelphia, PA 19102

REDEMPTION AMOUNT

$65,597.64

Treasurer�s Note: 1099 = $20,090.66

RESOLUTION NO. 8

2012 NJDOT MUNICIPAL AID APPLICATION

Approval to submit a grant application and execute a grant agreement with the New Jersey Department of Transportation for the 2012 NJDOT and Capital Road Improvement Project �North 14^th Street/Springfield Road and Lafayette Avenue�

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 identified as MA-2012-Kenilworth Borough-00027 to the New Jersey Department of Transportation 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 24th day of August, 2011.

_____________________________

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��

RESOLUTION NO. 9

WHEREAS, Service Professionals Inc. paid for building permit #11-00273, in the amount of $46.00, and

WHEREAS, Wells Fargo Bank notified our office that the check did not clear, and

WHEREAS, Service Professionals Inc was notified and made a second payment, and

WHEREAS, Wells Fargo Bank attempted to redeposit the check a second time and it cleared, resulting in a duplicate payment of $46.00.

NOW, THEREFORE BE IT RESOLVED that the Treasurer be and is hereby authorized to issue a warrant to refund the following amount to:

Amount of $46.00 refunded to Service Professionals, Inc.

Service Professionals, Inc.

70 Jackson Drive, Unit 1

Cranford, NJ 07016

Revenue account #1-01-08-160-000

RESOLUTION NO. 10

WHEREAS, Macedonio and Luisa DeLaCruz paid the property taxes for the 3^rd quarter of 2011 for the property located at 34 South 17^th Street, Kenilworth, NJ, and;

WHEREAS, this resulted in a tax overpayment for the 3^rd quarter of 2011 in the amount of $1,497.60;

WHEREAS, Macedonio and Luisa DeLacruz have requested that the overpayment of the 3^rd 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

�� 112�� 8 �� Macedonio and Luisa DeLaCruz�� $ 1,497.60

34 South 17^th Street

Kenilworth, NJ 07033

�� TOTAL�� $ 1,497.60

RESOLUTION NO. 11

WHEREAS, the Pride in Kenilworth Committee is planning to hold an event on the Boulevard in 2011; and

WHEREAS, the Governing Body of the Borough of Kenilworth and Kenilworth Police Chief Grady have approved this event which will necessitate the closing of the Boulevard as follows:

Closing of the Boulevard from 23^rd Street to 18^th Street on Sunday, October 23, 2011 from 7:00 A.M. to 7:00 P.M. for the annual Kenilworth Street Fair.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Kenilworth request the approval of the Union County Board of Chosen Freeholders for the closing of the Boulevard for the above event.

RESOLUTION NO. 12

��

WHEREAS, Corelogic RTS paid the property taxes for the 3^rd quarter of 2011 for the property located at 415 Lafayette Avenue, Kenilworth, NJ, and;

WHEREAS, this resulted in a tax overpayment for the 3^rd quarter of 2011 in the amount of $2,040.59;

WHEREAS, Corelogic RTS has requested that the overpayment of the 3^rd quarter be refunded to them;

Block�� Lot�� Payable To:�� Amount

12�� 9�� Corelogic RTS�� $ 2,040.59

�� Attn: Tax Refunds (DFW 1-3)

One Corelogic Drive

Westlake, TX 76262

�� TOTAL�� $ 2,040.59

RESOLUTION NO. 13

WHEREAS, �� the Borough of Kenilworth advertised for the receipt of bids for �Recycling Collection and Marketing for a 3 year period with a 2 year extension option� and GIORDANO COMPANY, INC., 142-156 FRELINGHAYSON AVE., NEWARK, N.J. 07114 having submitted the lowest responsible bid as follows:

Year 1 =�� $38,900.

Year 2 =�� $38,900.

Year 3 =�� $38,900.�� Total Cost for 3 Years = $116,700.00.

Optional:

Year 4 =�� $42,000.

Year 5 =�� $42,000.

NOW, THEREFORE, BE IT RESOLVED �� that a Three Year Contract with a Two Year Extension Option for Recycling Collection and Marketing be and is awarded to Giordano Company, Inc. of Newark, NJ and the Borough Attorney is authorized to draw the necessary contract and the Mayor and the Borough Clerk are authorized to sign said contract.

BE IT FURTHER RESOLVED that pursuant to N.J.A.C. 5:34-5.1 et seq. Local Public Contracts Law, the required Certificate of Availability of Funds has been obtained from the Chief Finance Officer of the Borough of Kenilworth.�

CERTIFICATION OF FUNDS:

Date: __________________________

Appropriation: ____________________

__________________________________

Treasurer

RESOLUTION NO. 14

Whereas, the Borough of Kenilworth held a tax sale on June 28, 2011 for delinquent 2010 property taxes and special charges, and a tax lien was purchased by FWDSL & Associates LP on property located at 540 Newark Avenue, Kenilworth, NJ, and

Whereas, Jonthan Katz, an additional lienholder 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

Now therefore be it resolved, that the Treasurer be and is hereby authorized to draw a warrant to the named Lien holder as follows, To be refunded upon receipt of the original Certificate of Sale #11-00006 by the Collector of Taxes:

FWDSL & Associates LP

290 US Highway 22 West

Green Brook, NJ 08812

REDEMPTION AMOUNT

$4,609.84

Treasurer�s Note: 1099 = $167.14

RESOLUTION NO. 15

WHEREAS, Walter and Barbara Barnansky paid the property taxes for the 1^st and 2^nd� quarters of 2011 for the property located at 209 North 20^th Street, Kenilworth, NJ, and;

WHEREAS, the Assessor made a change to the assessed value of the property for 2011, and;

WHEREAS, this resulted in the overpayment of taxes for the calendar year of 2011 in the amount of $1,216.84, and;

WHEREAS, Walter and Barbara Barnansky have requested that the overpayment 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

�� 42�� 3.01�� Walter and Barbara Barnansky�� $ 1,216.84

209 North 20^th Street

Kenilworth, NJ 07033

�� TOTAL�� $ 1,216.84

RESOLUTION NO. 16

Be It Hereby Resolved:

WHEREAS, the Borough of Kenilworth advertised for the receipt of bids for �2011 NJDOT & Capital Roadway Improvement Program� and S. Brothers, Inc., South River, New Jersey, having submitted a bid of $310,164.32.

NOW, THEREFORE, BE IT RESOLVED that the contract for �2011 NJDOT & Capital Roadway Improvement Program� be awarded to S. Brothers, Inc. and the Borough Attorney is authorized to draw up the necessary contract and the Mayor and Borough Clerk are authorized to sign said contract.

BE IT FURTHER RESOLVED that pursuant to N.J.A.C. 5:34-5.1 et seq. Local Public Contracts Law, the required Certificate of Availability of Funds has been obtained from the Chief of Finance Officer of the Borough of Kenilworth.� The appropriation to be charged for this expenditure is:

Certification of Funds

Date:� _________________________

Appropriation: __________________

_______________________________

Treasurer

��

RESOLUTION NO. 17

Be It Hereby Resolved:�� That Kerry Senica be employed as a Full-time Secretary/Certified

Recycling Professional (CRP) in the Public Works Department, on the condition she works

toward certification, at a rate of $14.82 per hour, effective 8/29/11.

RESOLUTION NO. 18

GARDEN STATE MUNICIPAL JOINT INSURANCE FUND

JOINT TRUST AGREEMENT AND RESOLUTION TO REJOIN

WHERAS, a number of local governmental units in the State of New Jersey have joined together to form a Joint Insurance Fund as permitted by the Chapter 372 Laws of 1983 (40A:10-36): and

WHEREAS, the statues and regulations governing the creation and operation of a Joint Insurance Fund contain elaborate restrictions and safeguards concerning the safe and efficient administration of the public interest entrusted to such a Fund; and

WHEREAS, the Governing Body of the Borough of Kenilworth, has determined that membership in the Garden State Municipal Joint Insurance Fund (hereinafter referred to as the �Fund�) is in the best interests of itself and its citizens; and

WHEREAS, the Governing Body of the Borough of Kenilworth has previously executed a resolution to join the Garden State Municipal Joint Insurance Fund subject to the acceptance of its assessment;

NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of Kenilworth (hereinafter referred to as the �Municipality�) does hereby resolve and agree to renew its membership in the Fund for a period not to exceed three (3) years beginning January 1, 2012 to December 31, 2014 for the purpose of establishing the following types of coverage;

� Workers� Compensation and Employer�s Liability;

� General Liability including law enforcement and public officials liability;

� Motor vehicle liability

� Property damage (buildings, contents, equipment and motor vehicle);

BE IT FURTHER RESOLVED, that the Municipality has never defaulted on claims and has not been canceled for nonpayment of insurance premiums for a period of at least two years prior to the adoption of this Resolution; and

BE IT FURTHER RESOLVED, that the Mayor and the Municipal Clerk are authorized and directed to execute the Indemnity and Trust Agreement and such other documents signifying membership in the Fund and to deliver same to the Executive Director of the Fund with the express reservation that said document shall become effective upon approval by the New Jersey Department of Insurance and the Department of Community Affairs.

ADOPTED:

I hereby certify that the above is a true and exact copy of the Resolution adopted by the Municipal Council of the Borough of Kenilworth at their Regular Meeting held on August 24, 2011.

_____________________

Hedy Lipke, Borough Clerk

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

MEETING OPEN TO THE PUBLIC

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

GENERAL BUSINESS

ADJOURNMENT

There being no further business to come before the Council, it was moved by Councilman , seconded by Councilman� 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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