Council Minutes from 9/28/2011

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, SEPTEMBER 28, 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, Toni Giordano, Brian Joho, Scott Klinder and Fred Pugliese. �

MINUTES

It was moved by Councilman Joho, seconded by Councilman Candarella and carried that the minutes of the Work Session of September 13, 2011 and the Regular Council Meeting of September 14, 2011 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS:

�Letter from Union County Utilities Authority enclosing First Amendment to the Municipal Waste Management Agreement between the UCUA and the Borough.
Letter from the State Civil Rights Division announcing a �Civil Rights Regional Seminar for Municipalities�.
Letter from Diane Westbrook�s 7^th Grade Civics Class thanking all who contributed to the 9/11 Memorial Ceremony.

It was moved by Councilman Candarella, 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

MAYORS REPORT

Mayor Fiamingo reminded everyone the October fest is October 23^rd.� It has been a very successfull and fun event over the past few years.� The Town Wide Garage Sale will be this weekend October 1^st and 2^nd.��If you have not applied for a permit there is still time, although you may not be on the map of the houses but hopefully your neighbor will be on the list so people will come to your� street. The Mayor said she will continue to update everyone as needed on any information from FEMA regarding Hurricane Irene.� She asked that you please check the TV Station and also the web site.� She said relative to the web site, we are in the process of updating it and she is waiting on information from certain Department Heads so that they can update everything so that we can have something that is good for the 21^st Century. Hopefully we will have it done shortly.

�DEPARTMENT OF FINANCE

Councilman Joho had nothing to report from the Finance Department.

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DEPARTMENT OF PUBLIC WORKS

Councilman Corvelli reported that Bulky Waste Pick-up will be October 5^th on the north side of town and will continue through October 12 in the south side of town.

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese reported that over the past few weeks he and Councilman Joho have been meeting with representatives of the Police Department and the Finance Office to discuss the hiring of civilian police dispatchers.� The purpose is twofold, we know it would save money for the Borough but more importantly it will add police officers to the streets.� It will be both a cost-saving measure and also a safety measure.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman Candarella reported he has been working with the Construction Office on a couple of internal procedures and trying to streamline the procedures to help organize the department.

DEPARTMENT OF RECREATION AND FIRE

Councilwoman Giordano reported she met with Fire Chief Giordino last week and had a tour of the Fire House.� Everything is running great and the only issue he is having is maintaining volunteer firefighters that leave after their training period.� He is eager to bring some other people on board.� There is a letter tonight appointing a new firefighter and emt.�� There is a Fire Fighter dinner at 6:00 PM on October 21^st at Boulevard Five 72.� Councilwoman Giordano said she has not attended a Recreation Meeting yet but they have one coming up in October.� She met with Pat Boyle during the 9/11 Memorial and they exchanged e-mails and have been in touch with each other.

The Mayor said in October there will be a Halloween Parade.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Klinder reported the Health Fair was this past Saturday and about 250 people attended and over 100 people received flu shots.� On Sunday there was a 5K Race which was sponsored by the Historical Society and over 30 people participated.�

ORDINANCES AND RESOLUTIONS

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

CONSENT AGENDA

Resolutions No. 1 thru 7 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 Councilwoman Giordano. Upon roll call the vote was unanimous.

Council Meeting � September 28, 2011�� Page 3

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:

�#1035 Casa of Union County for an Off-Premise 50/50 Raffle on November 11, 2011 at 33 South 21^st Street, Kenilworth, N.J.

RESOLUTION NO. 3

WHEREAS, Corelogic Tax Services paid the property taxes for the 3^RD quarter of 2011 for the property located at 8 Red Maple Lane, Kenilworth, NJ, and;

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

WHEREAS, Corelogic Tax Services has 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

�� 147�� 24�� Corelogic Tax Services�� $ 2,117.85

Attn: Refunds DFW 1-3

1 Corelogic Drive

Westlake, TX 76262

�� TOTAL�� $ 2,117.85

RESOLUTION NO. 4

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 34 Dorset Drive, 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 $10,000.00 and since the statutory period of five years has not passed, these funds must also be returned.

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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 #11-00003 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

$8,143.17

PREMIUM TRUST ACCOUNT

$10,000.00

Treasurer�s Note: 1099 = $189.33

RESOLUTION NO. 5

BE IT HEREBY RESOLVED:�� That DAVID LAGRUTH and JAMES ELLMER� be

appointed as Probationary Fire Fighter/EMT on the Kenilworth Volunteer Fire Department.

RESOLUTION NO. 6

�� EMERGENCY RESOLUTION N.J.S. 40A:4-48

WHEREAS, an emergency has arisen with respect to Flood related expenses due to Hurricane Irene and no adequate provision was made in the 2011 Current Budget for the aforesaid purpose, and N.J.S. 40A:4-46 provides for the purpose above mentioned, and

��

WHEREAS, the total amount of emergency appropriation created including the appropriation to be created by this resolution is $61,000.00 and three per cent of the total operating appropriations in the budget for the year 2010 is $372,119 and

��

WHEREAS, the foregoing appropriation together with prior appropriations does not exceed three (3) percent of the total operating appropriations in the budget for 2011,

NOW, THEREFORE, BE IT RESOLVED (not less than two-thirds of all the members thereof affirmatively concurring) that in accordance with N.J.S. 40A:4-48,

�� 1.�� An emergency appropriation be and the same is hereby made for

�� Garbage & Trash Removal - Other Expenses.........................................$43,000.00

�� Police - Salaries and Wages......................................................................$3,000.00

�� Road Repairs and Maintenance - Salaries and Wages.............................$5,000.00

�� Road Repairs and Maintenance - Other Expenses .................................$10,000.00

�� 2.�� That said emergency appropriation shall be provided for in full in the 2012 Budget Outside of Caps.

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�� 3.�� That an "Emergency Note" not in excess of the above amount be authorized pursuant to N.J.S. 40A:4-46 and in accordance with the provisions of N.J.S. 40A:4-51.

�� 4.�� That such note be executed by the Mayor and by the Chief Financial Officer.

�� 5.�� That said note be dated after September 28, 2011, may be renewed from time to time, and such note and any renewals thereof shall be payable on or before December 31, 2012.

�� 6.�� That two certified copies of this resolution be filed with the Director of Local Government Services.

I, Hedy Lipke, Clerk of the Borough of Kenilworth, County of Union, do hereby certify the foregoing to be a true and correct copy of a resolution adopted by the Governing Body at a meeting of said Governing Body held on September 28, 2011, and said resolution was adopted by not less than a two-thirds vote of the members of the Governing Body.

��

�� _____________________________��

�� Hedy Lipke, Borough Clerk��

�� Witness my hand and seal on this

�� 28th day of September, 2011

RESOLUTION NO. 7

BE IT HEREBY RESOLVED:� That the 2010 Audit Corrective Action Plan submitted by the Finance Officer of the Borough of Kenilworth as attached, be and the same is hereby approved; and

BE IT FURTHER RESOLVED: � That a certified copy of the 2010 Corrective Action Plan be sent to the Division of Local Government Services.

�� I hereby certify that the foregoing is a true and

Correct copy of a resolution adopted by the

�Mayor and Council of the Borough of Kenilworth

at a meeting held

�� ___________________________

�� Borough Clerk

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Proposed Ordinance No. 2011-07 was read for a first reading as follows:� (Copy attached)

ORDINANCE NO. 2011-07

AN ORDINANCE AMENDING ORDINANCE NO.� 2009 -18�� PROVIDING FOR COMPENSATION FOR BOROUGH EMPLOYEES OF THE BOROUGH OF KENILWORTH��

Mayor Fiamingo stated this is a first reading of an ordinance that amends the salary ordinance to permit us to pay the dispatcher that we hope to hire in the near future.� The Ordinance also includes a salary range for the Court Attendant.� Mayor Fiamingo explained that the administrative office of the courts is requiring us to have an armed officer and another armed individual in court during every session.� By hiring a non uniformed police person who is armed we are saving significant funds in overtime for the Police Department.� We are looking to amend the ordinance to allow for the hiring of that individual.�� The second reading will be held on October 26th at which time the public will be invited to speak.

RESOLUTION NO. 8

Introduced by Fred Pugliese, adoption moved by same.

Seconded by Sal Candarella

Be It Hereby Resolved:� That Proposed Ordinance No. 2011-07 be and the same is hereby passed on first reading and ordered published for final hearing on October 26, 2011. ��.

Roll Call:� Candarella voted yes, Corvelli voted yes, Joho voted yes, Klinder voted yes, Giordano voted yes, Pugliese voted yes.

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

MEETING OPEN TO THE PUBLIC

Fred Soos, 18 Epping Drive � Mr. Soos said there are residents here tonight from Epping Drive and Dorset Drive and they are not here to complain.� He said they are here to thank the Mayor and Council for their quick response in getting trucks out there to remove the debris.� The Fire Department and Police Departments did an outstanding job and they could not have been more helpful.� He said the water came down in his neighborhood awfully fast from� Hurricane Irene and it was not a matter of it creeping up on them he said it was like a great big wave that came within a half hour they were flooded.� He said he has heard stories about something that let loose in Springfield or Millburn.� He said he listened to the Mayor of Cranford and he is talking about getting towns involved upstream and downstream and he doesn�t know if we are involved in that but he thinks we should be.� He said Cranford is the one that do a lot of things over

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there and he thinks we should have a representative over there.� He said one of his major complaints, not against Mayor and Council, but against the shopping centers that were built on Rt. 22, like Target, Walmart and Home Depot.� He said he was against them when they were being built because they were all black topped. He is not saying that is the cause of the floods but it added to it.� He said Union is getting the ratable and we are getting the water and it�s not fair and he asked if our attorney could look into it and maybe get some wells put in back there.� He said the Police Department Hall was completely flooded out back there.� The other problem is that there was a little bit of confusion on his street because inspectors from FEMA, flood insurance companies and home owners insurance companies are telling them different things.�� FEMA tells them that their homes are not basements, they are family rooms.� A basement is where you open the door and go down eight steps.� The flood insurance people tell them that it�s a basement.� He said they are assessed by the town as family rooms.� He said there is some confusion as to what it actually is. Are they family rooms or basements?� He asked if the Tax Assessor can check it out for them because they are getting beat to death on flood insurance by them calling our houses basements instead of family rooms.�

Mr. Soos thanked the Mayor and Council again for their quick response in having flood articles picked up so promptly, not once but twice.

Mary Michitsch, 725 Monmouth Avenue � Mrs. Michitsch said that the work that was done during the flood was unbelievable.� The Fire Department did an unbelievable job.� These are volunteers and they gave up time from their own families and their own property to go out and bale out so many families.� She said they deserve a tremendous amount of praise.� She complimented Peter Corvelli for getting the Clorox from the County to help clean up.� She thanked everyone for getting the garbage picked up as quickly as they did.� She said if you drove through any other town, their garbage was there for those poor people to have to look at for weeks. She complimented everyone on a job well done.

Mayor Fiamingo added her compliments to the Fire Department because they did a wonderful job not only for one or two days but two or three days until the last 200 or so houses were pumped out.� They went to over 200 homes and went well above and beyond.� She said we should thank the Fire Department any time we see them.

John Bury, 417 North 15^th Street-� Mr. Bury asked if what the Borough received from the UCUA/Covanta was just a letter or did they make a presentation of anything that the Borough would need to sign?� Mayor Fiamingo said yes they sent a copy of the proposed agreement which does not have a lot of figures filled in.� Mr. Bury asked if it had the guaranteed tonnage filled in and the Mayor replied no. Mr. Bury asked if it was up to the Borough to fill it in? The Mayor said yes.� Mr. Bury said it was 3,000 last time and he thinks the Borough is doing 2600 tons now.� The Mayor said we have asked our Superintendent to give us the average for the last three years so that we make sure we are in the ballpark. Mr. Bury said that per Decotis, every five years you can�t change it, you can only increase it so if you are going down, you really should pick a low number like 2,000.� Mr. Bury said the way it looks to him is that the guaranteed tonnage number would work for the Borough if it�s a good number.� He said the way it stands now, Covanta is going to be enforcing that minimum guaranteed tonnage.� It�s not going to be the UCUA enforcing it.� They had to enforce 250,000 which they had no problem with� because Union County was providing $320,000.00 so they let everyone slide.� He said it is

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now Covanta which doesn�t have the heart because they have to pay their shareholders. He said the guaranteed tonnage numbers will be enforced so he recommend you either leave it blank and see if they�ll buy that or put in a number like 2,000.� The Mayor said the letter had a lot of fields to be filled in. Mr. Bury asked if he can get a copy and the Mayor said yes.

David Thompson, 22 Epping Drive � Mr. Thompson said he had a concern about the brook that boarders his property as well as Mr. Soos�s property and Mr. Mazza�s property. He said there is a lot of debris that washes down from other people who seem to use it as a garbage dump.� He said it is very difficult to get in there to chop down some of the leaves and he doesn�t even know if he is even allowed to go in there.� He said people throw their grass clippings in the brook and it goes down stream and gets caught by us.� He said when the water is low it smells and it contains rodents and things like that.� He asked who maintains that property? He understands he owns half of it but he has no access to get in there and cut down the bushes and things that collect a lot of insects, rodents, etc. He said a lot of that has washed into his family room and kitchen.� He said he never got an answer about the maintenance of the brook.

The Mayor said the Borough needs to explore that situation.� She said it probably would not have changed things for Hurricane Irene but perhaps with the changes it would with a lesser storm. �She said for a long time the DEP would not let us do anything but they cannot be doing that. Mr. Thompson said someone has to maintain it and he does not mind if he has to and he would gladly do it but they tell you that you can�t and then no one else wants to do it.�� The Mayor said she knows it is a problem and when she was walking around giving out the supplies some neighbors told her that some neighbors blocked up the stream. She said we can�t have that.� She said we sent a letter to the residents asking them not to block the drainage easement but now we have to do something about enforcing it and maintaining it. Mr. Thompson thanked the Mayor for the great job the town did on the pickup.� He suggested that now that the residents have finally got around to establishing their family rooms that maybe one more pickup could happen?� The Mayor said October 5^th is the Bulky Waste pickup.� Mr. Thompson asked if they will pick up building materials out and the Mayor replied I guess we will have to.

Robert Herbert, 363 Coolidge Drive � Mr. Herbert said he and his family love Kenilworth because when we had a disaster everyone put their differences aside and pitched in like we are one big happy family.� He said he went to a meeting with the Assistant Engineer in Springfield and they had their town meeting last night and the residents were very upset and the major comments were that they felt the town wasn�t doing enough because under all the bridges are backed up and blocked up with debris so that�s why the whole town went under water.� He said the DEP and the Township doesn�t do anything. He said the water just overflowed from Springfield because of the backup. �He spoke with Cranford residents and they are concerned with the new pump station on Riverside �not doing its job and he said that would be more detrimental to us if that is not working so maybe that is the avenue we need to go to. He said he tried to get a report on how functional it was or wasn�t. He said he agrees that the blacktop and all the development affects our percolation in our town.� He said we have a high water table and we have more catch basins then sewer lines and when we get bad storms it�s a disaster.�

Fred Soos said that if anything good came out of the storm it is that everyone worked together.� He said there was a young couple who moved in a couple of years ago on the other side of the creek and they had just finished their rec room two weeks ago, hardwood floors and everything.�

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He said the young lady came out and said this is a disaster but she said she would not live any other place because the people are wonderful.� He thanked his neighbors because everyone worked together and some good did come out of it.

Rich Picerno, 241 Faitoute Av e. � Mr. Picerno said according to his research the flood we had was called a 100 year disaster but after doing some research he found out that we have not had a flood like this in 500 years.� One of the main reasons we had this flood is because the sun, the moon and the earth were all aligned at the same time. He said at 8:00 in the morning our sea level was 28 ft. above sea level which means the sea level was higher than this building.� He said there was nowhere for the water to go with all the debris.� All the homes were pumping out with no site at the end. He said some people are putting their sump pumps into the sewer lines and pumping into the sewer line which they should not do because it costs everyone some money.� He said by doing that, especially during a storm, when everyone thought they were pumping the water out, they were just recycling the water and it was coming back in.� He said we are as much at fault for the problem.� He said we need to get the pumps out of the sewer line and into the streets where they belong. He said when the water recedes� it will get better. �He said to Mr. Soos �Nice job on bringing everyone together�.

Mayor Fiamingo said she appreciates those comments because we are talking about putting water into the sanitary sewer line which costs us an inordinate amount of time and money.� She said Mr. Soos knows about this because he served on the RVSA for a number of years.� She said now the cost is astronomical.� She said the situation needs to be fixed.

Mary Michitsch � Mrs. Michitsch said to much of the property is being covered. She said we are putting to much on the properties.� They are enlarging the houses, putting pools and patio�s, making double driveways and there is no place for the water to go. She said we are allowing people to build bigger houses on small pieces of property and the next thing you know there is no drainage. If we keep doing that pretty soon Kenilworth will be a big lake.� She said there should be a rule that you can only cover so much of your property.

Mr. Herbert said he drives around the state. �He said we pay a lot of taxes but we should get a committee or talk to the politicians high up about starting to get a service for the return of our money.� He said our highways are a mess, overgrown vegetation all over the place, junk on the highway.� He said our brooks are dumped with junk, the DEP doesn�t want to do anything and when you contact them their answer is they have no money.� He said his taxes keeping going up and his pockets keep getting empty.� He emphasized that as citizens and taxpayers we have to go to the next step and not come to the Municipalities but go to the higher ups and they have to start doing their job.� We are paying them enough money and they have to make sure help is out there by maintaining the roads and keeping them clean.� The municipalities do that with our ordinances and they should not be exempt even though they are at a higher level. He said he is tired of driving up and down the highways and looking at the rivers. When you go other places in the country and they are beautiful and Jersey it is starting to look like a big slum.

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David Silva, 19 Epping Drive � He said the creek is next to his house and he pays taxes for it and he cannot go into it.� He said the banks of the creek are deteriorating and he does not know why they can�t have bulk heads like they have down the shore.� He said eventually the banks are going to go further and further away.� He asked the Mayor and Council to look into this.

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

GENERAL BUSINESS

Councilman Candarella said in regards to what Mr. Soos was saying, he is 100% right, the retention basins at the shopping centers were put in for a specific use but they are not being maintained. He said we don�t have major ones in Kenilworth but in Union and Rt. 22, if they were maintained it might help. �

Mayor Fiamingo said in response to Mrs. Michitsch�s comment, the impervious coverage is a proposal that we are considering in the new ordinances for zoning.� She said in regards to the bulk heads she said we had one on Faitoute Avenue, which was paid for by Schering Plough and it took ten years to get approval from the DEP.� She said it is something we need to look into.�

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.

8:45 P.M.�� Respectfully submitted,

��

�� Hedy Lipke, Borough Clerk��

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ROLL CALL

MINUTES

REPORT OF COMMITTEES

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DEPARTMENT OF PUBLIC WORKS

DEPARTMENT OF PUBLIC SAFETY

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

ORDINANCES AND RESOLUTIONS

CONSENT AGENDA

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REDEMPTION AMOUNT

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