Council Minutes from 2/8/2012

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, FEBRUARY 8, 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 24, 2012 and the Regular Council Meeting of January 25,� 2011 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS:

1. Check received from Verizon for 2011 Annual Franchise Fee = $58,194.02.

2. Check received from Comcast for 2011 Annual Franchise Fee = $42,282.76.

3. Letter received from Shaun Kelly, President Kenilworth Volunteer Fire Department announcing that the Kenilworth Fire Department Carnival will be held from Monday, August 20, 2012 through Saturday, August 25, 2012 at St. Theresa�s.

4. Copy of letter from Robin Lueddeke, 261 Faitoute Avenue, sent to the NJ Turnpike Authority asking that they clean the debris from the fenced area along the Parkway adjacent to her home.

REPORTS

1. Police Depart Report for the month of January, 2012.

2. Construction Department Report for the month of January, 2012

3. Borough Clerk�s Report for the month of January, 2012.

4. Fire Department/Rescue Squad Report for the month of January, 2012.

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

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REPORT OF COMMITTEES

MAYORS REPORT

Mayor Fiamingo reported she attended the Relay for Life meeting on February 1^st and it was very well attended and it looks like this event will be even more successful than last year.� It will be held on the evening of Saturday, June 2^nd through the early morning hours of Sunday, June 3^rd at the high school.� If anyone is interested they can go on line at www.relayforlife.org .

Mayor Fiamingo said there is a meeting of the Mayors for flood control.� She said� former Mayor Ashenbach has established a committee to try and deal with the flood issues.� She said she is unable to attend but Councilman DeLuca has been kind enough to agree to attend in her absence.� The meeting will be this coming Wednesday.

The Mayor is meeting with representatives from Merck next week to discuss their concepts relative to redevelopment of their site.

Mayor Fiamingo reminded everyone to sign up for the Nixel notification.� She said you can go to www.nixel.com and when you sign up you will get notifications on your cell phone or e-mail for things like snow events and other important events that the police will advise you of.

�

DEPARTMENT OF FINANCE

Councilman Joho reported the Finance Committee has met with all the Department Heads to review the 2012 Budget proposals.� They also met with the full council and provided information on those proposals.� They also met with the Auditor and there are a couple of more decisions to be made and after those decisions the budget will be ready for introduction.

DEPARTMENT OF PUBLIC WORKS

Councilman DeLuca reminded everyone that leaf collection is over as of January 31^st.

He said if you put your leaves out they will not be picked up.� He also reminded everyone there is a snow ordinance and the ordinance states that if there is an accumulation of snow on the ground the ordinance will be enacted.� He said there shall be no parking while precipitation is falling and for 24 hours after.� He said the first time we had snow the police were gracious enough to only warn residents and they were not ticketed.� He said from now on they will be out there reminding residents and also ticketing to have you get your cars off the street. He said it will be very helpful for both emergency crews and the plows to have a lane open.� He said a few years back they had significant storm events and ambulances were not able to get down the streets.

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He said resident�s cooperation will be greatly appreciated. He said the DPW has cleaned about 80% of the 555 storm water basins that are in town and they are going to require some masonry work which will be started after the cleaning is done.

Mayor Fiamingo added that there has to be an accumulation of snow and also the police will use reasonable efforts to let you know it is in effect.

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese had nothing to repot.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman Candarella reported the PZO Committee just came out of a meeting a few minutes ago and they went page by page through the Borough�s Code Book determining what things they are suggesting be changed based on the new Master Plan that we adopted last year.� He said they are gathering new information from all their sources and a new book will be produced based on everyone�s input.� He said at this point they are bringing the information together and it is going to be a long tedious process.� He said he reviewed the Construction Report and the Zoning Reports and all are in order.

DEPARTMENT OF RECREATION AND FIRE

Councilman Corvelli reported they have their Recreation Meeting tomorrow and he will report back at the next Council meeting.� Councilman Corvelli read a letter to the Kenilworth Volunteer Fire Department from Elizabeth Fire Chief McNamara which read �I would like to extend my sincere thanks to the members of the Kenilworth Fire Department for lending a hand on December 21, 2011 with the Bury Biscuit fire.� Your department performed professionally and tirelessly�.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Klinder reported the Rabies Clinic will be held on Sunday, March 11^th at the Fire Department from 1:00 PM to 3:00 PM.

Council Meeting Minutes � February 8, 2012�� Page 4

ORDINANCES AND RESOLUTIONS

CONSENT AGENDA

Resolutions No. 1 thru 9 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 Councilman DeLuca. 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:

�#1043� Westfield Jaycees for a Casino Night on April 12, 2012 at 33 South 21^st Street, Kenilworth, NJ.

#1044� Westfield Jaycees for an On-Premise 50/50 Raffle on April 12, 201 at 33 South 21^st Street, Kenilworth, NJ.�

RESOLUTION NO. 3

PROCLAMATION

WHEREAS, the citizens of�� The Borough of Kenilworth� stand firmly committed to promoting reading as the catalyst for our students� future academic success, their preparation for America�s jobs of the future, and their ability to compete in a global economy; and:

WHEREAS,� The Borough of Kenilworth�� has provided significant leadership in the area of community involvement in the education of our youth grounded in the principle that educational investment is the key to the community�s well-being and long-term quality of life; and

WHEREAS, NEA�s� Read Across America, a national celebration of reading, will be conducted on March 2, 2012, which would have been the 108^th birthday of Theodor Seuss Geisel, better known as Dr. Seuss; and

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WHEREAS, Read Across America-NJ is being conducted statewide by the New Jersey Education Association, in partnership with the New jersey State League of Municipalities, the New Jersey Library Association, and their local affiliates across the state to promote reading and adult involvement in the education of our community�s students;

NOW, THEREFORE, BE IT RESOLVED that the�� Mayor and� Council� call on the citizens of� Kenilworth�� to assure that every child is in a safe place reading together with a caring adult on March 2, 2012;

AND BE IT FURTHER RESOLVED that this body enthusiastically endorses NEA�s Read Across America and Read Across America-NJ and recommits our community to engage in programs and activities to make America�s children the best readers in the world.

RESOLUTION NO.4

PROCLAMATION

American Red Cross Month 2012

The American Red Cross has touched many lives in the Borough of Kenilworth as well as across the country and around the world.

During American Red Cross Month, we thank those who contribute to the mission of the Red Cross whether through time, money or blood, and we invite others to support the Red Cross in helping people in need down the street, across the country and around the world.

The American Red Cross is synonymous with helping people, and has been doing so for more than 130 years.� Throughout the past year, the American Red Cross launched hundreds of disaster relief operations in the United States to help people affected by fires, floods, hurricanes and tornadoes.� The American Red Cross also supported major international disasters, including the Japan earthquake and tsunami response while continuing its work on the 2010 earthquake response and recovery.

In the Borough of Kenilworth, the Red Cross works tirelessly through its employees and volunteers to support us when disaster strikes, when someone needs life-saving blood, or the comfort of a helping hand.� It provides 24-hour support to members of the military, veterans and their families, and provides training in CPR, aquatics safety and first aid.

For nearly 100 years, United States presidents have called on the American people to support the Red Cross and its humanitarian mission.� Our community depends on the American Red Cross and because it is not a government agency, the Red Cross depends on support from the public to continue its humanitarian work.� This is especially

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important in these challenging economic times � which impact the Red Cross and many people in our community and across the nation.

NOW, THEREFORE, I, Kathi Fiamingo, Mayor of the Borough of Kenilworth, by virtue of the authority vested in me by the Constitution and laws of the Borough of Kenilworth, New Jersey do hereby proclaim March 2012 as American Red Cross Month.� I encourage all Americans to support this organization and its noble humanitarian mission.

IN WITNESS WHEREOF, I have hereunto set my hand this 8^th day of February in the year of our Lord two thousand twelve, in the Borough of Kenilworth, New Jersey.

RESOLUTION NO. 5

2011 TONNAGE GRANT APPLICATION

WHEREAS,� The Mandatory Source Separation and Recycling Act, P.L. 1987, c. 102, has established a recycling fund from which tonnage grants may be made to municipalities in order to encourage local source separation and recycling programs; and

WHEREAS,� It is the intent and the spirit of the Mandatory Source Separation and Recycling Act to use the tonnage grants to develop new municipal recycling programs and to continue and expand existing programs; and

WHEREAS, The New Jersey Department of Environmental Protection has promulgated recycling regulations to implement the Mandatory Source Separation and Recycling Act; and

WHEREAS,� The recycling regulations impose on municipalities certain requirements as a condition for applying for tonnage grants, including but not limited to, making and keeping accurate, verifiable records of materials collected and claimed by the municipality; and

WHEREAS,� A resolution authorizing this municipality to apply for such tonnage grants for 2011 will memorialize the commitment of this municipality to recycling and to indicate the assent of the Mayor and Council of the Borough of Kenilworth to the efforts undertaken by the municipality and the requirements contained in the Recycling Act and recycling regulations; and

WHEREAS, Such a resolution should designate the individual authorized to ensure the application is properly completed and timely filed.

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NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Kenilworth that the Borough of Kenilworth hereby endorses the submission of the recycling tonnage grant application to the New Jersey Department of Environmental Protection and designates Recycling Coordinator Kerry Senica to ensure that the application is properly filed; and

BE IT FURTHER RESOLVED that the monies received from the recycling tonnage grants be deposited in a dedicated recycling trust fund to the used solely for the purposes of recycling.

RESOLUTION NO. 6

WHEREAS, sealed bids were received on February 1, 2012 for an �Asphalt Hot Mix Transporter� and Trius, Inc., 5049 Industrial Road, Farmingdale, N.J.� 07727, having submitted the lowest responsible bid as follows:

�

�� Total Bid

�� $43,579.00

�� NOW, THEREFORE, BE IT RESOLVED� that Trius, Inc. be awarded the bid for an �Asphalt Hot Mix Transporter� as per specifications.

�� 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 Finance Officer of the Borough of Kenilworth.

CERTIFICATION OF FUNDS

DATE: ____________________

APPROPRIATION:

__________________________

�� TREASURER

RESOLUTION NO. 7

WHEREAS, Dipen Chemburkar paid the property taxes for the 4^th quarter of 2011 for the property located at 45 Wilshire Drive, Kenilworth, NJ, and;

WHEREAS, this resulted in the overpayment of taxes for the calendar year of 2011 in the amount of $2,158.19, and;

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WHEREAS, Dipen Chemburkar has requested that the overpayment be refunded to him.

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

�� 70�� 9�� Dipen Chemburkar�� $ 2,158.19

872 Massachusetts Ave., #703

Cambridge, MA 02139

�� TOTAL�� $ 2,158.19

RESOLUTION NO. 8

RESOLUTION AUTHORIZING ASSESSOR AND TAX APPEAL ATTORNEY TO EXECUTE STIPULATIONS OF SETTLEMENT WITH RESPECT TO TAX APPEALS

WHEREAS, the Borough Tax Assessor and the Tax Appeal Attorney are familiar with the real property tax assessments of properties in the Borough of Kenilworth under appeal before Union County Board of Taxation and the Tax Court of New Jersey;� and

WHEREAS, the Mayor and Council of the Borough of Kenilworth wish to facilitate the Stipulations of Settlement of tax appeals filed before the Union County Board of Taxation and the Tax Court of New Jersey; and

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Kenilworth that the Tax Assessor, Paul G. Parsons, and the tax appeal attorney, Robert F. Renaud, are hereby authorized to execute Stipulations of Settlement on behalf of the Borough of Kenilworth with respect to tax appeals before the Union County Board of Taxation and the Tax Court of New Jersey.

RESOLUTION NO. 9

RESOLUTION AUTHORIZING THE TAX ASSESSOR AND TAX APPEAL

ATTORNEY TO FILE COUNTERCLAIMS

WHEREAS, it is anticipated that certain taxpayers of the Borough of Kenilworth will file tax appeals

Disputing their assessed valuation for the year 2012; and

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WHERAS, the Tax Assessor is of the opinion that said properties, in some cases, are undervalued and that the assessed value of said properties should be increased and not decreased as the taxpayer seeks; and

WHEREAS, a method exists in the Tax Law for the Muni9cipality to counterclaim against the property owner to seek an increase in assessed value; and

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Kenilworth that the Tax Assessor, Paul G. Parsons and the Tax Appeal Attorney of the Borough of Kenilworth, Robert F. Renaud, are authorized and directed to take whatever steps necessary and appropriate to file counterclaims against the taxpayer in question seeking to raise the assessed value of said properties to the value which the Tax Assessor deems to� more properly reflect the value of said property for the year 2012.

Proposed Ordinance No. 2011-01 was read for second reading as follows:� (Copy appears in Minutes of January 11, 2012)

�� ORDINANCE NO. 2012-01��

AN ORDINANCE OF THE BOROUGH OF KENILWORTH AMENDING CHAPTER 78 (CONSTRUCTION CODES, UNIFORM) OF THE CODE OF THE BOROUGH OF KENILWORTH, COUNTY OF UNION, STATE OF NEW JERSEY BY ADDING A UNIFORM FEE SCHEDULE AS REQUIRED BY THE DEPARTMENT OF COMMUNITY AFFAIRS FOR THE SHARED SERVICES OF A CONSTRUCTION OFFICIAL BETWEEN THE BOROUGH OF KENILWORTH AND THE TOWNSHIP OF SPRINGFIELD.THE MUNICIPALITIES OF SPRINGFIELD AND KENILWORTH SEEK TO JOINTLY ESTABLISH AND ENFORCE BUILDING CODES AND FEES UNIFORMALLY AND EQUALLY SO AS TO PROTECT THE HEALTH AND SAFETY OF THEIR RESIDENTS.� THE USE OF NATIONAL CODES CONSISTENT WITH THOSE SET FORTH BY THE STATE OF NEW JERSEY, DEPARTMENT OF CONSUMER AFFAIRS, DIVISION OF CODES AND STANDARDS ARE HEREBY INCORPORATED BY REFERENCE FOR DEFINITIONS AND MINIMAL REQUIREMENTS THAT SHALL BE COMPLIED WITH FOR ALL CONSTRUCTION.�

Mayor Fiamingo stated this is a second reading on an ordinance that is required by the DCA that our fee schedule conforms to that of Springfield in order that we may maintain the shared service arrangement that we have for Construction Code Official. She said if anyone wishes to speak with respect to this Ordinance to please step forward, state their name and address for the record.� No one wished to speak and the Mayor closed the hearing on Ordinance No. 2012-01.

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RESOLUTION NO. 10

Introduced by Sal Candarella, adoption moved by same.

Seconded by Brian Joho

Be It Hereby Resolved: that Proposed Ordinance 2012-01 be and the same is hereby passed on second and final reading an ordered published according to law.

�� .

Roll Call:� All in favor.�

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

MEETING OPEN TO THE PUBLIC

Fred Soos, 18 Epping Drive � Mr. Soos said he was here a while back and his neighbors asked him to come up and find out what is going on with the water situation.� He said for some reason the water was up quite high today and we did not have� much rain or snow and everyone is concerned because spring is coming.� He said he understands there was a meeting on the January 26^th with the Mayors and he asked if there is a report on that meeting.� The Mayor said there is a report but she did not have the report with her.� She said she did not attend that meeting but our engineers attended on the Borough�s behalf and they are keeping in touch with what their plans are.� She said at this time it is mostly information gathering and trying to get something to the core of engineers.� She said Councilman DeLuca is going to attend the next meeting which is next week.� Mr. Soos asked if the meeting was open to the public and where is it and what time?� Councilman DeLuca said he believes that it is open to the public and it is at the Cranford Community Center at 7:00 PM.�

Mr. Soos said he knows Cranford is having problems with the Birchwood Terrace property and they are appealing because they want them to build there and they don�t want to build there.� The Mayor said she thinks they already lost that case. Mr. Soos said it is in a flood zone.� The Mayor said unfortunately there is nothing we can do because it is so far away from us and they don�t tell us what is going on.� Mr. Soos said maybe the Mayor and Council could do a resolution to help say that we don�t want any building on that property because their intent is to put a retention basin there and he doesn�t know whether that will help us or not.

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He said he has been speaking with people from Springfield and �Water, Water Everywhere� is the name of their group and one of their problems is that the high school wants to put AstroTurf on the field and they are opposed to that.� He said we should be opposed to it also because it is another place where water is not going to go into the ground, it is going to run off.� Mr. Soos asked if he can get the report from the last meeting?� The Mayor said yes they e-mailed it to her and she will get it to him.

�

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

GENERAL BUSINESS

Councilman Candarella said that one of the discussions at the PZO meeting was impervious coverage and that is going to be part of the new ordinance.� He said it took about 15 minutes for everyone to throw their thoughts out and no decision was made but it is important for us to start talking about impervious coverage within our town.

He said they are going to follow through with that and put limitations on impervious coverage.

ADJOURNMENT

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

8:15 P.M.�� Respectfully submitted,

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�� Hedy Lipke, Borough Clerk��

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