Council Minutes from 10/26/2011

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, OCTOBER 26, 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, Scott Klinder. �Fred Pugliese and Brian Joho were absent.

MINUTES

It was moved by Councilman Candarella, seconded by Councilman Klinder �and carried that the minutes of the Work Session of October 11, 2011 and the Regular Council Meeting of �October 12, �2011 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS:

�The next Work Session Meeting of the Governing Body will be held on Monday, November 7, 2011 due to Election Day being on Tuesday, November 8, 2011.

It was moved by Councilman Candarella, 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

MAYORS REPORT

The Mayor advised everyone that the last day to register for FEMA assistance is October 31, 2011 and anyone who is interested should go to www.disasterassistance.gov or call FEMA at toll free 8-800-621-3362. Eligible homeowners have until October 31^st to file applications for the Homestead benefit and senior freeze program.� The Mayor said if anyone is eligible for these programs to please make their applications on time by October 31^st.

Mayor Fiamingo reported that Mr. and Mrs. John Beninati donated a wonderful sculpture that is now at the front of the Library.� She said if you have an opportunity you should come by the Library and see it. �She thanked them again for their generosity.

Four Centuries in a Weekend at the Nitschke House was last week-end and was a very well attended event.� Over the next year the Historical Society, with the grants they have received and the money they have raised, will be making the Nitschke House into a cultural museum.

Council Meeting � October 26, 2011�� Page 2

The Mayor said today she attended a Volunteer Recognition Program that was held in Trenton at the War Memorial and hosted by the Governor.� Also in attendance were some members of the Fire Department and the Office of Emergency Management.� It was a ceremony to recognize all those who participated as volunteers during Hurricane Irene.� For Kenilworth, Captain Hannon represented the Office of Emergency Management and the three volunteers that were nominated for participation were Jon Lipke for his many hours of being out there handing out supplies and assisting in the recovery effort, James Hannon, III and Ryan Rule from the Volunteer Fire Department who put in almost 200 hours each of volunteer services.� She said it was very nice that they were recognized.�

�DEPARTMENT OF FINANCE

Councilman Joho was absent.

DEPARTMENT OF PUBLIC WORKS

Councilman Corvelli reported bulky waste was completed with 230 tons of debris and it cost the Borough $59,745.70.� He said leaf pick-up will commence next week.� Councilman Corvelli thanked the DPW for the clean-up on the Street Fair.� He said they did it in a timely fashion.

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese was absent.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman Candarella reported they had one applicant who was granted a variance at the last Planning Board Meeting and they have two applications pending for next month.

DEPARTMENT OF RECREATION AND FIRE

Councilwoman Giordano said she does not have anything for the Fire Department.� The Recreation Department will have their annual Halloween Parade this Saturday starting at the Recreation Center at 9:30 AM.� She said they will judge the costumes at that time and at 10:15 they will leave for Harding School for the �Trick a Trunk�.� She asked that everyone please be on time at the Recreation Center for the judging of the costumes. The Recreation Department is working on the Basketball Program, Rec Movie Night and other new and exciting things which you can look at on the Recreation Web Site or see Pat Boyle, the Recreation Director. .

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Klinder reported there will be a Rabies Clinic on Sunday, November 6^th at the Fire Department from 1:00 PM to 3:00 PM. In honor of the 25^th Anniversary of the opening of the Kenilworth Public Library there will be a celebration of featured songs of that era.� This will happen at 2:00 PM on Saturday, November 19^th.� Please contact the Library if you would like to go so they can reserve a seat for you.�

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ORDINANCES AND RESOLUTIONS

CONSENT AGENDA

Resolutions No. 1 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.1

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

RESOLUTION NO. 2

WHEREAS, the State of New Jersey now requires Municipalities to provide their employees two Section 125 plan benefits: a �Premium Option Plan� (POP) and a Flexible Spending Account (FSA), and;

WHEREAS, the Mayor and Council of the Borough of Kenilworth desire to implement these plans effective January 1, 2012, and;

WHEREAS, BeneFlex has submitted the best proposal for administering these programs.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Kenilworth that it does hereby award a one year contract to BeneFlex to administer the programs for a one year term effective January 1, 2012.

RESOLUTION NO. 3

WHEREAS, proposals have been received for payroll services for the Borough of Kenilworth, and;

WHEREAS, Paylocity has submitted the best proposal for administering these services, and;

WHEREAS, the Mayor and Council of the Borough of Kenilworth desire to implement the change in payroll companies effective January 1, 2012.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Kenilworth that it does hereby award a one year contract to Paylocity for payroll services for a one year term effective January 1, 2012.

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RESOLUTION NO. 4

WHEREAS, the State of New Jersey urges participation in online auction services as part of their Best Practice survey, and;

WHEREAS, the Mayor and Council of the Borough of Kenilworth desire to participate in on-line auctioning of municipal assets that are no longer needed, and;

WHEREAS, GovDeals is the only on-line auction service that currently has a state contract.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Kenilworth that it does hereby contract with GovDeals to administer the on-line auctioning of surplus equipment effective January 1, 2012.

RESOLUTION NO. 5

BE IT HEREBY RESOLVED:� That Stephanie Ann Muir be employed as a part-time Violations

Clerk in the Municipal Court Office at a rate of $15.00 per hour, not to exceed 20 hours per

week, effective November 28, 2011.

RESOLUTION NO. 6

Whereas, the following property was issued a permit and fees were received by the Building Department.

�Whereas, the work was associated with storm damage by Hurricane Irene.

�Now, Therefore, Be it resolved that the Treasurer� be and is hereby authorized to draw a warrant to refund the following to:

�� Amount of� $68.00 to be refunded to the homeowner.

�� Cheryl Marko�� Permit #11-00402

�� 38 North 23^rd Street�� Block 83, Lot 16

�� Kenilworth, NJ 07033��

RESOLUTION NO. 7

WHEREAS, the Union County Utilities Authority (UCUA) and the Borough of Kenilworth are parties to a Municipal Waste Disposal Agreement, dated as of July 15, 1998 (the �Local Waste Agreement�), which provides for the long-term disposal of solid waste collected by or on behalf of the Borough of Kenilworth at the Union County Resource Recovery Facility (the �Facility�), located in Rahway, New Jersey and which is owned by the UCUA; and

WHEREAS, the Facility is leased to, and is operated by, Covanta Union, Inc. (�Covanta�) formerly known as Ogden Martin Systems of Union, Inc. (�Ogden Martin�), and the UCUA and

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Covanta are parties to an amended Facility Lease and Waste Disposal Agreement that among other things, provide for the lease and long-term operation of the Facility by Covanta; and

WHEREAS, the UCUA and Covanta have recently negotiated and agreed to certain modifications to these various agreements which provide for an extention of the term of their contractual arrangement and which will result in certain financial and other benefits relative to the continued operation of the Facility and disposal rates for solid waste generated within the County; and

WHEREAS, the UCUA has offered the Borough of Kenilworth an opportunity to share in these benefits, most significantly of which include an immediate decrease in the rate for the disposal of solid waste collected by or on behalf of the Borough of Kenilworth by a reduction of $12.00 per ton retroactive to January 1, 2011; and

WHERAS, at the direction of NJDEP, the UCUA and Covanta engaged in settlement discussions with NJDEP to resolve certain issues that had arisen during the course of NJDEP�s review of the proposed restructuring and the Verified Petition, including a reduction of the extention of the terms of the amended Facility Lease Agreement and Waste Disposal Agreement from 2045 to 2031; and

WHEREAS, as a result of such discussions, the Authority and Covanta were required to renegotiate certain of the terms and conditions of the amended Facility Lease Agreement and Waste Disposal Agreement in order to obtain NJDEP approval of the restructured arrangement and agreements; and

WHEREAS, it is necessary for the Borough of Kenilworth to approve and execute an amendment to the Local Waste Agreement (the �First Amendment�) in order to memorialize the benefits to be realized by the Borough of Kenilworth, make various conforming and other minor amendments and to reaffirm the Borough of Kenilworth�s commitment to utilize the Facility and the guaranteed delivery of solid waste at least at current levels, recognizing that it is anticipated that such limits may be subsequently increased by, and at the discretion of the Borough of Kenilworth in writing at certain designated intervals; and

WHEREAS, it is the desire of the Borough of Kenilworth to approve the First Amendment in substantially similar form as attached hereto;

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE BOROUGH OF KENILWORTH that the First Amendment to substantially similar form as attached hereto, is approved and the Mayor and other appropriate Municipal Officials be and hereby are authorized to execute same; and

BE IT FURTHER RESOLVED that this Resolution shall take effect immediately.

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RESOLUTION NO. 8

RESOLUTION SETTING ESCROW FEE FOR �BUILDING PERMIT � ENGINEERING TECHNICAL REVIEW�

BE IT THEREBY RESOLVED:� That an escrow fee of $200.00 be charged for �Building Permit � Engineering Technical Review�.

Proposed Ordinance No. 2011-07 was read for second reading as follows:� (Copy appears in Minutes of September 28, 2011)

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 the second reading for this ordinance. 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.�

No one wished to speak and Mayor Fiamingo closed the hearing on Ordinance No. 2011-07.

RESOLUTION NO. 9

Introduced by Scott Klinder, adoption moved by same.

Seconded by Sal Candarella

Be It Hereby Resolved: that Proposed Ordinance 2011-07 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. 2011-09 was read for a first reading as follows:� (Copy attached)

�� ORDINANCE NO. 2011-09��

AN ORDINANCE OF THE BOROUGH OF KENILWORTH AMENDING THE EXISTING CHAPTER 170 ARTICLE ONE (STREETS AND SIDEWALKS) OF THE CODE OF THE BOROUGH OF KENILWORTH, COUNTY OF UNION, STATE OF NEW JERSEY

Mayor Fiamingo stated this is a first reading on an Ordinance regarding the parking situation in Kenilworth during snow events.� The second reading will be held on December 14^th at which time the public will be invited to speak.

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RESOLUTION NO. 10

Introduced by Sal Candarella, adoption moved by same.

Seconded by Toni Giordano

Be It Hereby Resolved:� That Proposed Ordinance No. 2011-09 be and the same is hereby passed on first reading and ordered published for final hearing on December 14, 2011.�� .

Roll Call:� All in favor.�

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

MEETING OPEN TO THE PUBLIC

Livio Mancino, 102 North 24^th Street -� Mr. Mancino said he appreciates what Councilman Klinder and Candarella and the rest of the Council did for approving Washington Avenue. He said to the Mayor, you, as the leader of the Municipality should check or make certain your subordinates are doing their job.� He said there are two areas that the engineers are negligent on.� He said at the church there is an exit that does not even match the lines.� He said they have wiped away the exit to 24^th Street and just left one on Washington Avenue which is away from where the person should be walking. He said it is absurd that they have not met the siding of the overlay with the other one and now there is a gap. He said maybe they are going to correct it but if you go all the way down Washington Avenue you will see areas where they did not do right or the specs did not call for it. He said the exiting at church should be two ways and should not have a curve, especially on the side for handicap people.� They wiped one away and now we only have one left?�

The Mayor asked if Mr. Mancino was speaking about the Handicap Zone?� Mr. Mancino answered no he said he is talking about when you walk off the curb, he said at the church there is one on Washington Avenue and nothing on 24^th Street and it doesn�t match the cross walk.� He said someone should have seen that.� Mr. Mancino said he asked one of the workers if that was the way� it was supposed to be and they replied this is where they told us to put the concrete.� Mayor Fiamingo explained to Mr. Mancino that the specs are DOT specs.� They are specifications required by the Department of Transportation. Mr. Mancino asked what does that mean and the Mayor said the way that the sidewalks and the road is planned comes from the DOT.� Mr. Mancino said the Mayor should do a little more research because those specs are approved because the Borough Engineer has so approved them, the DOT does not come into the community to inspect those cut offs. The Mayor asked Mr. Mancino how he knows that and he replied �from many years of teaching and being on the Zoning and Planning Board�.� The Mayor said that Mr. Mancino does not know the specs on this project. Mr. Mancino asked if someone came down from the DOT? The Mayor said the DOT made the specifications.� Mr. Mancino said the DOT drew up the specification for Washington Avenue? The Mayor said the DOT approved it.� Mr. Mancino said don�t forget you said the DOT is going to look at it because he is going to make a call tomorrow to find out if the Mayor or the lay person is right. He said he thinks the engineer draws up the specs.�

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The Mayor said the engineer drew up the specs according to the DOT specifications. Mr. Mancino said the DOT did not come here and draw the specs and say here, this is where you should change in the walkway.

Mr. Mancino said he has yet to see a financial report from the Octoberfest.� He said he knows you have a company running it and he asked when the last financial report has been made to the Borough and did we get any funds returned to us from that event?� The Mayor said yes we did.� Mr. Mancino asked when was that and the Mayor said the last time we had the Octoberfest. The reason he is asking is because he asked two of the venders how they can be there with no insurance?� Mr. Fruchter asked Mr. Mancino to name the vendors instead of talking about them in general?� Mr. Mancino said he does not want to be specific. Mr. Fruchter said it cannot go further without being specific. Mr. Mancino asked why can�t a general question be asked?� Mr. Fruchter said it is not a question when you are making a statement about someone in general and what you need to do is identify people that you are talking about otherwise you are making a statement without any foundation. Mr. Mancino said they were former clients and he asked them what they were doing there because he thought they were out of business and they said no they are fine and that precipitated the question he asked.� Mr. Mancino asked Mr. Fruchter if he is saying he does not have the right to do that? Mr. Fruchter said he is asking Mr. Mancino to identify the individuals.� Mr. Mancino asked if all the vendors were required to submit a Certificate of Insurance?� Mayor Fiamingo said the promoter has� insurance on the entire event, whether or not they all obtained Certificates of Insurance or not she cannot say. The Mayor said that is the answer to Mr. Mancino�s question. Mr. Mancino asked if the vendors that participate in the Octoberfest are required to submit a Certificate of Insurance to the people running the event.� The Mayor said she does not know but she will find out.

Mr. Mancino said he would like a copy of last year�s financial statement and the Mayor replied that he can make an OPRA request.

�

Mr. Mancino said he welcomes Ms. Giordano to the Council.� He said he understands that she replaced someone who had experience.� He addressed, through the Chair, that she give him a little bit of her background that made her feel comfortable being a Councilperson in the Borough of Kenilworth?�

The Mayor said to Mr. Mancino that she does not know what this questions has to do with this public meeting.� She said he can have a conversation with Ms. Giordano at any time.� She said she does not believe that he has asked anyone else ever what their qualifications were?� Mr. Mancino asked how does she know that and the Mayor replied not at a public meeting in the last four years. Councilwoman Girodano said she does not have a problem answering Mr. Mancino;s question but she will do that after the Council Meeting and she will take an hour and a half and tell him everything she has ever done in her 55 years. Mr. Mancino said the reason he went through the Chair is because this is a public meeting which will be seen on television and all the residents will understand when they hear you give me an explanation of your being appointed by the Republican Council people to the chair that was vacated.� Councilwoman Giordano said she does not think it is appropriate at this time and also she does not think anyone else has ever been called to task like this.� She said she has been to meetings where council members were replaced. Mr. Mancino said she has not been to all the meetings and Councilwoman Giordano replied neither has Mr. Mancino and this is the first time she has seen

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him in the last �three meetings.� Mr. Mancino said he is usually more in attendance than most people.� Mr. Mancino said your answer is that you do not want to answer?

The Mayor said that this is getting out of control.� Mr. Mancino said she does not want to do it in a public meeting, she wants to do it in private. �Councilwoman Giordano said it is not appropriate. Mr. Mancino said it is important that the Councilwoman tell the Borough her qualifications. Councilman Candarella said it�s not the public that wants the background, it�s you and that�s the problem.� Mr. Mancino said Councilman Candarella should be ruled out of order because that is rude and Parliamentary Procedure says he should be recognized if he is going to say something.� Mr. Mancino said he excused Councilman Cardella�s ignorance and Councilman Candarella said his name is Candarella and he will spell it for him after the meeting.

John Bury, 417 North 15^th Street � Mr. Bury said he is not excusing anybody�s ignorance but when people pay $100 for a table do they have to get insurance?� The Mayor said we need a Certificate of Insurance from the promoter just in case something happens and we get that.� Mr. Bury asked if that was liability insurance? �The Mayor replied yes. Mr. Bury said so if anyone falls it is on the promoter so the cost is passed on to the people who rent the table.� Mr. Bury asked if Adult Basketball is going forward?� �Councilwoman Giordano said that is part of the sign-ups that the Recreation Department is working on.� Mayor Fiamingo advised Mr. Bury to go on the web site www.kenilworthrecreation.com�� He asked if you can sign up on line and the Mayor said they need to know how many people will sign up in order to get the gym time because they need to know if they will have enough people. Councilwoman Giordano said they are trying to coordinate the gym time with the kid�s leagues and they are trying to see how many adults they will actually get to see how much time they will need for the gym.� Councilwoman Giordano gave Mr. Bury the phone number for the Recreation Department and he asked if he calls that number will he be signed up?� Councilwoman said you can talk to Pat Boyle and he will tell you how to go about it, she said you might be able to get the forms on line. The Mayor said we have to beg borrow and steal gym time over at the grammer school and in order to do that and reserve time for all the different programs we need to know that there is enough interest.� She said she knows that he is interested and hopefully he has enough guys that would be interested in it. �Mr. Bury said guys or girls.

Mr. Bury asked the Mayor what is the guaranteed tonnage in the UCUA contract?� The Mayor said unfortunately it is 3,000 and we had no choice.� The Mayor said we already had a contract with them for a minimum guarantee of 3,000.� Mr. Bury said they have not been enforcing that but now they will.� The Mayor said we are at $12.00 per ton less.� Mr. Bury said the DeCotis people said it was the Borough�s choice and he asked the Mayor if that was true?� The Mayor said it was our choice back in the 1990�s when we first entered into the agreement.� Mr. Bury said you had a choice but it could not have been under 3,000?� Mayor said we were not given the ability to amend it.� Councilman Candarella said the Borough specifically asked the question several times and the answer was no.� The Mayor said we already had an agreement with a minimum guarantee of 3,000 at a price at $65.00 per ton. Councilman Candarella said it would be $13.00 per ton less than we are paying now.� Mr. Bury said if you are bringing in 2500 tons but you have to pay for 3,000 tons?� The Mayor said it is still cheaper.� Mr. Bury said the rate does go up. Mr. Bury said the garbage is going way down if you look at the projections.�

Frank Pugliese, 235 North 13^th Street � Mr. Pugliese asked how much liability do we have in the town right now?� The Mayor said we have an umbrella of something like 50 million.� He said we

Council Meeting � October 26, 2011�� Page 10

have plenty of insurance.� The reason he is asking the question is because the guy who is doing all the talking and who used to be a Mayor in this town only had one million dollars in insurance and we almost got bankrupted.

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

GENERAL BUSINESS

Mayor Fiamingo thanked the Fire Department for the awards dinner and she congratulated all the Fire Department personnel who received awards for their various feats of wonderment like birthing, CPR and the fire calls.� She personally thanked the Fire Department for making her an Honorary Member and she was very touched by that gesture.� She said she was very honored.

The Mayor thanked Kassie Joho, the DPW and the Police Department for how well the Street Fair went off this past weekend.� She said it was a very successful event and it was bigger and better than it was in prior years.� It went off without a hitch and the Police Chief said there were absolutely no problems.� The DPW did a wonderful job cleaning up and the Boulevard was open by 7:00 PM.�

On November 1^st the Taste of Kenilworth will be held at the Kenilworth Inn and the proceeds will go to benefit scholarships for the seniors at the high school.� The tickets are $25.00 per person and there will be many restaurants from� town represented.� She asked everyone to join the event as it will be a lot of fun.

Councilwoman Giordano said the comradely between all of the Firefighters and EMT�s is great.� She said the event they put together chronicled how the building was put up and all the people who played such an important role in putting it together.

ADJOURNMENT

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

8:25 P.M.�� Respectfully submitted,

��

�� Hedy Lipke, Borough Clerk��

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