Council Minutes from 1/25/2012

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, JANUARY 25, 2012.� 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,� Anthony DeLuca, 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 January 10, 2011 and the Regular Council Meeting of January 11,� 2011 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS:

1. Letter from Dale Spindel, Library Director, requesting permission to use the Borough Hall Courtroom on Friday evening, April 13, 2012 for a performance of �To Kill a Mockingbird� by the Hudson Shakespeare Company.

It was moved by Councilman DeLuca, seconded by Councilman Klinder, and carried that the above communications be received and filed and any money amounts indicated be spread over the minutes.

PRESENTATION

Mayor Fiamingo read Resolution No. 6 congratulating Girl Scout Troop 437 on having achieved the Bronze Award and called Troop Leader Nancy Zimmerman� and all the Girls Scouts up to the front.� Mayor Fiamingo asked who helped with the Bicycle Rodeo and Ms. Zimmerman replied Chief Grady, Lt. Zimmerman, Officer Grady, Jr. and Sgt. Wayne Fennes who did the bulk of the work by chalking out the course that the children drove. The Mayor asked what the girls did to help out at the Rodeo?� Anna Giacalone said they split into groups and some girls wrote up the registrations, another group helped getting children their helmets and yet another group handed out favors at the end. The girls made posters and put them up around town to make children aware of the rodeo.� The Mayor said putting the rodeo together was a big accomplishment.

REPORT OF COMMITTEES

MAYORS REPORT

Mayor Fiamingo said it was a pleasure to be able to have the Girl Scouts here tonight.� The Mayor reminded everyone that the Relay for Life kickoff is on February 1, 2012 at Boulevard Five 72 at 6:30.� She said if anyone is interested in participating or has any question to please

Council Meeting Minutes � January 25, 2012�� Page 2

come.� She said they will explain what the relay is all about and how to participate. She said she had a team last year and raised money for a good cause which is the American Cancer Society.�

Mayor Fiamingo said she received correspondence from a professional bicycle racing organization team that is looking to do a race in town the same week-end as Relay for Life and she is going to see if she can coordinate the two events.� The racing group will also donate proceeds to a charity.� She said those bicycle races bring a lot of people into town and it is a great way to draw people into our Borough.

DEPARTMENT OF FINANCE

Councilman Joho reported that FEMA has come through with an additional $16,655.00 for Hurricane Irene expenses and to date we have received $56,376.00 or 96% of what we expended after Hurricane Irene.

The Finance Committee has been meeting all week to go over the Municipal Budget for 2012.� They have met with most departments and after meeting with all departments, the will have some final results to present to the council.

DEPARTMENT OF PUBLIC WORKS

Councilman DeLuca reminded residents the DPW will continue picking up leaves until the end of the month if they are put into 32 gallon containers.� Recycling is now comingled and you can put all your recyclables into one container. Councilman DeLuca reminded residents that although the police did not enforce the new Snow Ordinance this time it is in effect and will be enforced next time. He said if you did not get the snow ordinance in the mail then you can either get it on line at www.kenilworthnj.com . or pick one up at the Borough Clerk�s Office.

Mayor Fiamingo added that you cannot park on the odd numbered side of the street and you should not wait for the plows to come before you move your car, you should move them as soon as it snows.� She said the police gave out warnings this time.� Fortunately there was a relatively small amount of snow� but it did help the DPW with plowing the roads in a much more efficient way.� She said she appreciates everyone�s cooperation and she said she knows you will appreciate not getting a ticket.� She said we need to try and work this out together. ��

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese had nothing to report.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman Candarella reported the Planning Board and Board of Adjustments had their Re-organization Meeting and Tony Lepore is the Chairman and Rich Picerno is the Vice Chairman and Madonna Bogus is the Secretary.� He said he knows they will have a good year because they have a good hard-working crew.

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DEPARTMENT OF RECREATION AND FIRE

Councilman Corvelli reported that winter sports for the Recreation Department are in effect and Street Hockey is apparently a big hit. They are working on the Code of Conduct and a Mission Statement for the Recreation Department.� Rules and Regulations have been handed out to the coaches and everyone is to adhere to that.� The Valentine Dance is February 18^th at 7:00 PM at the Kenilworth Inn and is $30.00 per person.� The dance is for adults and if you are interested you can call Pat Boyle.� They are trying to schedule a date for the parade but there are a couple of conflicts with Little League and they are working on a date for the Easter Egg Hunt.

Councilman Corvelli thanked the Volunteer Fire Department for assisting with the fire on Sunday in Westfield and also the tanker fire in Elizabeth on Monday.� He said they did an admirable job.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Council Klinder reported the Kenilworth Public Library will host a book reading for �The Glass Girl� on Tuesday, January 31^st at 7:00 PM.� Councilman Klinder reminded Senior Citizens that the Handyman Program is back in effect and if you handed in an application last year you will� have to hand in a new one for 2012.

Mayor Fiamingo urged seniors to participate in the Handyman Program.� She said the Borough receives grant money for the program and is available to anyone who qualifies.�

ORDINANCES AND RESOLUTIONS

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 DeLuca �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 contract for �Towing Services for the Borough of Kenilworth� be awarded to L&J Body & Fender Works, 720 Boulevard, Kenilworth, NJ, for a one year period from January 1, 2012 to December 31, 2012.

RESOLUTION NO. 3

WHEREAS, First American Tax Services (Cenlar Federal Savings Bank) paid the balance of the property taxes for the 4^th quarter of 2011 for the property located at 752 Union Avenue, Kenilworth, NJ, and;

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WHEREAS, this resulted in a tax overpayment for the 4^th quarter of 2011, and;

WHEREAS, First American Tax Services (Cenlar Federal Savings Bank) has requested that the overpayment of the 4^th 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

�� 156�� 2�� Cenlar Federal Savings Bank�� $ 167.12

Acct #0025925645

1 First American Way

Westlake, TX 75262

�� TOTAL�� $ 167.12

RESOLUTION NO. 4

��

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

�#1042� Kenilworth Historical Society for an On-Premise 50/50 Raffle on February 25, 2012 at North 22^nd Street, Kenilworth, NJ and an On-Premise 50/50 Raffle on March 6, 2012 at 526 Boulevard, Kenilworth, NJ.�

RESOLUTION NO. 5

Be It Hereby Resolved:� That the Governing Body of the Borough of Kenilworth ratify the Agreement with Police Chief Kenneth Grady for a period of January 1, 2012 to June 30, 2013 at a base salary of $133,267.00 and $144,141.00 for 2012 and that the Mayor and the Borough Clerk be authorized to sign said Agreement.

RESOLUTION NO. 6

WHEREAS, fifteen girls of Kenilworth Girl Scout Troop 437 have achieved the Bronze Award, the highest award Junior Level Girl Scouts can earn; and

WHEREAS, the Bronze Award is achieved by earning two badges related to the Bronze Award Project, completion of the Sign of the Star and the Lead On and Girl Scouting in USA badges; and

WHEREAS, after that, the girls were required to develop a service project demonstrating leadership skills learned and showing a commitment to community and the Girl Scout Promise and Law; and

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WHEREAS, the girls of Troop 437 developed a project to help make their community a safer place by teaching younger children about bicycle safety; and

WHEREAS, the girls, with help from the Kenilworth Police Department , planned and implemented a Bicycle Rodeo for younger Girl Scouts and their siblings and Boy Scouts and their siblings; and

WHEREAS, approximately 100 young Kenilworth residents had their bicycles checked and registered and helmets checked and replaced if needed and learned the proper way to ride safely; and

WHEREAS, these fifteen 11 year old Girl Scouts of Troop 437 are to be commended for their accomplishment.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Kenilworth congratulate the girls of Troop 437 on earning their Bronze Award and further for demonstrating their community involvement.

Troop 437 Leader�� Troop 437 Bronze Award Recipients

Nancy Zimmerman�� Kiara Adorno

�� Amanda Balke

�� Michelle Capizzano

�� Sofia Campanella

�� Alexis Costello

�� Olivia Cristello

�� Courtney Francen

�� Andrea Gaines

�� Anna Giacalone

�� Samantha Lotfy

�� Samantha Rehm

�� Isabelle Soares

�� Sarah Testa

�� Allegra Wyrick

�� Jenna Zimmerman��

RESOLUTION NO. 7

RESOLUTION AUTHORIZING EXECUTION OF LETTERS

TO STATE SENATORS, ASSEMBLYMEN AND GOVERNOR

REGARDING THE ACTION ENTITLED

NJDEP V.� OCCIDENTAL CHEMICAL CORPORATION, ET AL.

WHEREAS, certain claims have been asserted against the Borough of Kenilworth in the action entitled NJDEP v. Occidental Chemical Corporation, et al., Docket No. ESX-L-9868-05 pending in the Superior Court of New Jersey, Essex County (the �Litigation�) regarding alleged environmental contamination at the lower 17 miles of the Passaic River, Newark Bay, the lower

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reaches of the Hackensack River, the Arthur Kill, the Kill Van Hull, and into adjacent waters and sediments (the �Newark Bay Complex�); and

WHEREAS, the New Jersey Department of Environmental Protection, the Commissioner of the New Jersey Department of Environmental Protection and the Administrator of the New Jersey Spill Compensation Fund (hereinafter referred to collectively as the �State of New Jersey�) commenced the present litigation on or around December 13, 2005, suing defendants, Occidental Chemical Corporation, Tierra Solutions, Inc., Maxus Energy Corporation, Repsol YPF, S.A., YPF, S.A., YPF Holdings, Inc. and CLH Holdings (hereinafter referred to collectively as the �Tierra-Maxus Defendants�); and

WHEREAS, the State of New Jersey�s Complaint seeks to recover from the Tierra-Maxus Defendants past and future cleanup and removal costs, as well as unspecified economic damages, punitive damages, damages for alleged �unjust enrichment,� penalties and a variety of other forms of relief purportedly arising from the alleged discharges into the Passaic River of 2, 3, 7, 8 � tetrachlorodibenzo-p-dioxin (a form of dioxin referred to as �TCDD�) and other unspecified �hazardous substances� from a plant that operated at 80 Lister Avenue in Newark, New Jersey for approximately twenty years before the plant was closed in 1969; and

WHEREAS, in its complaint the State has alleged that as a direct result of the Tierra-Maxus Defendants� intentional releases and discharges into the Passaic River, and the Tierra-Maxus Defendants� subsequent practice of obfuscation and delay for another twenty-plus years, TCDD has migrated throughout Newark Bay Complex;

WHEREAS, on or around February 4, 2009, defendants, Maxus Energy Corporation and Tierra Solutions, Inc. filed a third-party complaint against approximately eighty-five(85) municipalities and public entities including the Borough of Kenilworth for contribution towards the cleanup and removal costs that Maxus and Tierra have incurred or will incur in the future relating to the Newark Bay Complex; and

WHEREAS, certain Third-Party Defendants, municipalities and public entities, including the Borough of Kenilworth, are members of a group known as the Municipal Group in the Litigation; and

WHEREAS, the Borough of Kenilworth has incurred and continues to incur significant legal and transactional fees in connection with this litigation; and

NOW, THEREFORE, BE IT RESOLVED by the Borough of Kenilworth as follows:

The Borough by its Mayor and / or Clerk and / or Borough Attorney are hereby authorized and directed to sign the signature page of Letter(s) to its State Senator and Assemblymen, objecting to this litigation and as may be drafted by the Municipal Liaison Committee.

This resolution shall take effect immediately.

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ATTEST:�� BOROUGH OF KENILWORTH:

_________________________�� ______________________________

BOROUGH CLERK�� KATHI FIAMINGO, MAYOR

DATE:�� January 25, 2012��

I, _________________________, Clerk of the Borough of Kenilworth, County of Union, State of New Jersey, do hereby certify the foregoing to be true and exact copy of a Resolution adopted by the Borough Kenilworth at a meeting held on January 25, 2012.

Proposed Ordinance No. 2012-02 was read for a first reading as follows:� (Copy attached)

ORDINANCE NO. 2012-02

BOND ORDINANCE TO AMEND SECTION 1 OF THE BOND ORDINANCE (ORD. NO. 2011-08) ENTITLED:� "BOND ORDINANCE TO AUTHORIZE THE INSTALLATION OF GRANITE BLOCK CURBING AT A PORTION OF ROOSEVELT LANE IN, BY AND FOR THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, STATE OF NEW JERSEY, A LOCAL IMPROVE�MENT, TO APPROPRIATE THE SUM OF $65,000 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 ANTICI�PATION OF THE ISSUANCE OF SUCH BONDS," ADOPTED ON NOVEMBER 9, 2011.

The Mayor stated this is a first reading on this Ordinance and the second reading will be held on February 22, 2012 at which time the public will be invited to speak.

RESOLUTION NO. 8

Introduced by Sal Candarella adoption moved �by same

Seconded by Fred Pugliese

Be It Hereby Resolved:� That Proposed Ordinance No. 2012-02 be and the same is hereby passed on first reading and ordered published for final hearing on February 22, 2012.

Roll Call:� Councilman Candarella voted yes, Councilman Corvelli voted yes, Councilman DeLuca voted yes, Councilman Joho voted yes, Councilman Klinder voted yes and Councilman Pugliese voted yes.

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Proposed Ordinance No. 2012-03 was read for a first reading as follows:� (Copy attached)

ORDINANCE NO. 2012-03

AN ORDINANCE OF THE BOROUGH OF KENILWORTH AMENDING CHAPTER 208 OF THE CODE OF THE BOROUGH OF KENILWORTH, COUNTY OF UNION, STATE OF NEW JERSEY TO ENSURE THE SANITARY AND HYGENIC CONDITIONS OF MASSAGE� AND BODYWORK THERAPIES, MASSAGE AND BODYWORK BUSINESSES, SOMATIC THERAPIES, AND/OR LIKE BUSINESSES OPERATING WITHIN THE CONFINES OF THE BOROUGH OF KENILWORTH.

The Mayor stated this is a first reading on this Ordinance and the second reading will be held on February 22, 2012 at which time the public will be invited to speak.

RESOLUTION NO. 9

Introduced by Scott Klinder adoption moved by same

Seconded by Anthony DeLuca

Be It Hereby Resolved:� That Proposed Ordinance No. 2012-03 be and the same is hereby passed on first reading and ordered published for final hearing on February 22, 2012.

Roll Call:� Councilman Candarella voted yes, Councilman Corvelli voted yes, Councilman DeLuca voted yes, Councilman Joho voted yes, Councilman Klinder voted yes and Councilman Pugliese voted yes.

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

MEETING OPEN TO THE PUBLIC

Mary Michitsch, 725 Monmouth Avenue � Ms. Michitsch said she does not know why you could only make so much money to qualify for the Senior Citizen Handyman Program for the simple reason that a senior is a senior.� She said if it is a little job, a lot of senior women do not know how to go about getting someone in or knowing that person and being able to trust the person who comes in.� She said now we have a handyman in town and if someone makes a little over the money they can�t take advantage of the program.� She said elderly women do not want strange people in their houses.� She said they do not know how to check out the people they hire.�

Mayor Fiamingo said unfortunately the money parameters are from the County who gives us the money through HUD.� Ms. Michitsch asked if we have to follow the letter of the law?� The Mayor said yes because if we don�t we won�t qualify for the grant. Those are the guidelines under which we are given the money. Ms. Michitsch asked what is the amount of money you can make?� Councilman Klinder said he thinks it is $43,000.00 for couples.

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Michael Vollrath, 561 Richfield Avenue � Mr. Vollrath said he is following up on a letter he sent to the council last month on the on-going water problem on South 23^rd and Richfield Ave.� He said he found out tonight that his street is scheduled to be repaved.� He asked if the town was going to eliminate the water when they repair the road? The Mayor said we usually attempt to do so but we do not have the money to put in a new sewer system.� Mr. Vollrath asked if they could tie into another sewer system and Mayor Fiamingo said she is not the engineer but if they can then they will.� She said in the past the engineers have attempted to do that whenever possible.� Mr. Vollrath said he has been there for 15 years and it has been the same.� Every time there is water it �freezes there is a large skating ring on the corner.� He asked why the curbing was not extended onto the dead end of South 23^rd Street?� He said since the other part of South 23^rd has been paved, all the water is now going onto his property and he has basically a swamp around his property. Mr. Vollrath said South 23^rd Street was paved last year and the Mayor said it was done with the On Call Service.� Councilman Corvelli said it was not a fully engineered project which means it was just a 2� mill and pave.� He said to do a fully engineered job is a large amount of money so what we have been doing in order to do more streets is milling and paving.� Mr. Vollrath said in terms of doing a full engineering job you are only talking about doing a short section of South 23^rd Street because the rest of South 23^rd Street had already been done a number of years ago,� He said they ended at Richfield Avenue and they did not continue putting in curbing so if they had curbing he would not have water continuing to lay on the side of his property.� The Mayor said when the engineers get to that street she will bring it to his attention.� He said he has brought it to the engineer�s attention and he is well aware that there is a water problem. Councilman Pugliese said that some of the water comes from a property that is discharging from a sump pump.� Mr. Vollrath said it is his property that is discharging.� Councilman Pugliese said that he doesn�t think that the repaving of Richfield Avenue will alleviate Mr. Vollrath�s concerns.� Mr. Vollrath said it depends on how they pitch it because if they pitch it to an existing catch basin on the other side of the street then it should work.� He said in the fifteen years he has been there he thinks that Richfield Avenue has actually sunk.� He said the engineer should investigate why does the road appear to be sinking because the drop off from his property onto the street has gotten a lot deeper.� Mr. Vollrath thanked the Mayor and Council for putting his street on the list.

�

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

GENERAL BUSINESS

Councilman DeLuca thanked the Girl Scout moms for having a Daddy/Daughter Dance.� He said they did an awesome job.� He said he and his daughter, Peter and his daughter had a great time.� He said they put a lot of time into the event that was held at the VFW.�

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ADJOURNMENT

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

8:40 P.M.�� Respectfully submitted,

��

�� Hedy Lipke, Borough Clerk��

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