Council Minutes from 3/14/2012

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, MARCH 14, 2012.� MAYOR KATHI FIAMINGO PRESIDED.

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 DeLuca and carried that the minutes of the Work Session of February 21 2012 and the Regular Council Meeting of February 22, 2012 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

1. Letter from Steve Jackson, Entertainment Services Co., 10 Lafayette Place complaining about the dangerous condition of the road surface on Lafayette Avenue and Lafayette Place and asking that they be resurfaced.

2. Letter from Rahway Valley Sewerage Authority regarding �Year 2012 Assessment and Related Information�.

3. Letter from Associated Humane Societies offering a Mobile Spay/Neuter Program to residents.

4. Letter from Robert & Cheryl Vesselli, 413 Roosevelt Lane, advising of a dangerous situation regarding a Borough tree and asking that the Borough remove the tree.

5. Letter from Kenilworth Little League inviting the Mayor and Council to attend their Opening Day Ceremony on Saturday, April 14^th following the parade at 1 P.M.

6. Letter from Maria Anderson, 662 Trenton Avenue, urging Kenilworth to participate in the review and design of flood control measures by surrounding municipalities to ensure they do not impact residents downstream and to also join in the request for funding to install flood control improvements in Kenilworth.

7. Notice from the Kenilworth Board of Education of a Public Hearing for their Budget for School Year 2012-2013 to be held on March 26, 2012 in the Board of Education Conference Room at Brearley.

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.

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REPORT OF COMMITTEES

Mayor Fiamingo congratulated the various winners of the 2012 1^st Annual Cupcake Awards hosted by the Kenilworth Recreation Department.� She said Riley and Allysa Corvelli took the first two categories, Heather Braun and Lori-Ann Krawchec took the second two categories.� The Mayor said it was a lot of fun with a lot of interesting cupcakes.� She said the two younger categories were very imaginative and very delicious as well.

Walter Boright came out with another book about the history of the Kenilworth Library.� The Library is celebrating its 75^th Year.� She said Walter wrote a historical review about the Library over the past 75 years.� The book can be purchased at the Library.

The Mayor attended a meeting at the County Engineering Department along with the Clerk, DPW Superintendent, Police Chief and Traffic Safety Officer and our Engineer.� We discussed a number of issues relating to the County maintenance of various public improvements within Kenilworth.� They have already made some accomplishments such as replacing trees that have been down for a couple of years on the Boulevard.� They are looking into other improvements and other concerns that we have regarding County properties within the Borough.� She said we have a very good working relationship with the County and we intend to maintain that.

The Little League Parade is on April 14^th.� She said she inadvertently mentioned the wrong date of April 15th in her Memo From The Mayor.�

The Mayor said she will attend another meeting of the Mayors relative to flood control measures on April 2, 2012 in Union at 5:00 PM.

The Relay for Life will be June 2 thru June 3^rd at David Brearley High School.� It is a wonderful event that raises money for cancer research.� She said even if you do not participate as a team, everyone should stop in and you will be very impressed with what the event is all about.� The Mayor said she had talked about possibly having a Professional Bicycle Race in conjunction with the Relay for Life but unfortunately, due to the nature of the race we will not be able to host it.�

Councilman Joho reported that tonight the Council will introduce the 2012 Municipal Budget.� He said it is a budget that has a 4/10% increase in municipal spending.� The amount to be raised by taxes is unchanged from 2011 for the Municipal portion of that tax bill.� The budget shows great restraint and cooperation from all the Department Heads.� The Council will discuss the budget in more details at the public hearing.

DEPARTMENT OF PUBLIC WORKS

Councilman DeLuca said that in addition to all their normal duties the Department of Public Works� will be getting a head start on the painting of cross walks and stop bars.� The street sweeper was down for seven days for its annual spring overhaul but it will resume normal sweeping on Wednesday, The Recylcing Coordinator handed in the DPW Report for October

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29, 2011 to FEMA.� The County removed all the stumps from the Boulevard and planted new trees and the DPW is looking into the price of Belgium Blocks to replace the rotting two by fours that are there now.

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese reported that Police Chief Kenneth Grady is in the process of forming a Police Honor Guard Unit for the first time in the Borough�s history.� The Honor Guard unit will participate in holiday and Memorial Day functions.� Chief Grady has applied to the United States Army for four M-1 rifles to be used by the Color Guard Unit.� The application has been granted and once the paperwork is completed the rifles will be sent to the Chief. The four officers that have been chosen by Chief Grady to be part of the Color Guard Unit are Daniel Sims, Len Luddeke, Paul Campanelli and Michael Devlin. Councilman Pugliese also stated that as part of the State Accreditation process, new policies have been set forth by the Police Department.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman Candarella said he reviewed the Construction Report for February and all is in order.� He said last Thursday there was a Planning Board Meeting which he could not attend and he will review the minutes and report back in a couple of weeks.

Councilman Corvelli reported that for the Recreation Department all fall sports are complete and spring sports are starting.� The Easter Egg Hunt will be on March 31^st at 11:00 at Harding School. He said they will hide eggs and if the kids find the right one they will win a bicycle.�

Councilman Corvelli said he received another letter from Elizabeth Mayor Bollwage thanking the Fire Department again for going to Bury Biscuit.� He said with the help of Kenilworth and surrounding towns they brought the fire under control and there was no life loss or property damage.

Councilman Klinder reported the Rabies Clinic was held this past Sunday and we had over 145 dogs which was the most by far and 94 were from Kenilworth.

ORDINANCES AND RESOLUTIONS

Proposed Ordinance No. 2012-05 was read for a first reading as follows:� (Copy attached)

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Mayor Fiamingo stated this is a first reading on an this ordinance�� The second reading will be on

Be It Hereby Resolved:� That Proposed Ordinance No. 2012-05, be and the same is hereby passed

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

Municipal Budget of the Borough of Kenilworth, County of Union for Fiscal year 2012

BE IT HEREBY RESOLVED that the following statements of Revenues and Appropriations shall constitute the Municipal Budget for the year 2012.

BE IT FURTHER RESOLVED that said budget is to be published in the Cranford Chronicle in the issue of March 23, 2012.

Notice is hereby given the budget and tax resolution was approved on this night.� Hearing on this budget will be held on April 11^th at 8:00 PM.

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

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CONSENT AGENDA

Resolutions No. 3 thru 12 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 Candarella. Upon roll call the vote was unanimous.

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

WHEREAS, Charlotte Freiermuth paid the property taxes for the 1^st quarter of 2012 for the property located at 308 North 17^th Street, Kenilworth, NJ, and;

WHEREAS, this resulted in the overpayment of taxes for the 1^st quarter of 2012 in the amount of $54.34 and;

WHEREAS, Charlotte Freiermuth has requested that the overpayment be refunded to her.

NOW, THEREFORE 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.

WHEREAS, it has been determined that real estate taxes for the year 2011 have been overpaid due to a New Jersey State Tax Court Judgment;

WHEREAS, the attorney representing the owner Cloud Nine Realty, LP� has requested that the overpayment be refunded to them;

NOW, THEREFORE BE IT RESOLVED that the treasurer be and is hereby authorized to draw a warrant payable as described below in the amount following the respective names and property locations and further deliver said warrants to the Collector of Taxes for proper notation on tax accounts.

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BE IT HEREBY RESOLVED:�� That ANTHONY LAGANGA be appointed as Probationary Firefighter/ EMT for the Kenilworth Volunteer Fire Department and Rescue Squad.

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

#1048 Kenilworth Silver Card Association for an Off-Premise 50/50 Raffle on December 21, 2012.

BE IT HEREBY RESOLVED:� That upon the recommendation of Borough Engineer Richard O�Connor, the �Sanitary Sewer Work, 68 South Michigan Avenue� be awarded to Denbar Construction Inc. at a total cost of $3,780.00.

BE IT HEREBY RESOLVED:�� That the Governing Body of the Borough of Kenilworth hereby approve the lease/purchase of a new vehicle for the Volunteer Fire Department through Ford Motor Credit in the amount of $31,010.44

BE IT HEREBY RESOLVED:� That certain non-union employees of the Borough of Kenilworth receive a 2% salary increase for year 2011 retroactive to January 1, 2011, except that per State Statute, the Tax Assessor,� Tax Collector, Finance Officer and the Borough Clerk receive a 4% salary increase for year 2012 retroactive to January 1, 2012.

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WHEREAS, the Borough of Kenilworth desires to constitute the 2012 Temporary Capital Budget of said municipality by inserting therein the following projects.

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

Section 1.� The 2012 Temporary Capital Budget of the Borough of Kenilworth is hereby constituted by the adoption of the schedule to read as follows:

Project

Est.

Costs

Other

Funds

Budget

Appr.

Fund

Capital

Imp.

Fund

Grants

Debt

Authorized

Various Improvements / Acquisitions

1,000,000

50,000

950,000

Section 2.� The Clerk be and is authorized and directed to file a certified copy of this resolution with the Division of Local Government Services Department of Community Affairs, State of New Jersey, within three days after the adoption of this project for 2012 Temporary Capital Budget, to be included in the 2012 Permanent Capital Budget as adopted.

WHEREAS, it has been determined that real estate taxes for the year 2011 have been overpaid due to a New Jersey State Tax Court Judgment;

WHEREAS, the attorney representing the owner Hannemann Trust/Sunoco, Inc. has requested that the overpayment be refunded to them;

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Payable to:�� Archer & Greiner, P.C. as Trustee for Hannemann Trust/Sunoco, Inc.

WHEREAS, the Borough of Kenilworth advertised for the receipt of bids for the

CURBSIDE COLLECTION & DISPOSAL OF GRASS CLIPPINGS FOR A 3 YEAR PERIOD � 2012-2014, and Nature�s Choice Corporation, 1 Caven Point Avenue, Jersey City, NJ 07305, having submitted a bid as follows:

NOW, THEREFORE, BE IT RESOLVED,� that the contract for Curbside Collection & Disposal of Grass Clippings for a 3 Year Period � 2012-2014, be and is awarded to NATURE�S CHOICE CORPORATION at a total cost of $151,500.

BE IT FURTHER RESOLVED that the Borough Attorney is authorized to draw the necessary contract and the Mayor and the Borough Clerk are authorized to sign said contract.

Public Contracts Law, the required Certificate of Availability of Funds has been obtained

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BE IT HEREBY RESOLVED:� That the contract between the Borough of Kenilworth and MONOC, The Monmouth Ocean Hospital Services Corp. to provide 911 Medical Telephone Call Screening Services for a period from April 3, 2012 to December 31, 2013 be approved.� Cost to be $6,400 annually, billed $1,600 quarterly.

Proposed Ordinance No. 2012-04 was read for second reading as follows:� (Copy appears in Minutes of February 22, 2012)

�� ORDINANCE NO.� 2012-04

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

Mayor Fiamingo stated this Ordinance amends the salary ranges for eight different positions.� The hearing is open to the public and if anyone has anything to say, relevant to this Ordinance, please step forward and state your name and address for the record.� Seeing no one the Mayor closed the hearing on Ordinance No. 2012-04.

Be It Hereby Resolved: that Proposed Ordinance 2012-04 be and the same is hereby passed on second and final reading an ordered published according to law.

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Proposed Ordinance No. 2012-06 was read for a first reading as follows: (Copy attached).

BOND ORDINANCE TO AUTHORIZE THE MAKING OF VARIOUS PUBLIC IMPROVEMENTS AND THE ACQUISITION OF NEW ADDI�TIONAL OR REPLACEMENT EQUIPMENT AND MACHINERY AND NEW INFORMATION TECHNOLOGY EQUIPMENT IN, BY AND FOR THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $1,000,000 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 ANTICIPATION OF THE ISSUANCE OF SUCH BONDS.

Mayor Fiamingo stated this is the first reading and the second reading will be on April 11, 2012 at which time there will be a hearing and the public will be invited to speak.

Be It Hereby Resolved: that Proposed Ordinance 2012-06 be and the same is hereby passed on second and final reading an ordered published according to law.

Proposed Ordinance No. 2012-07 was read for a first reading as follows:� (Copy attached)

��

AN ORDINANCE OF THE BOROUGH OF KENILWORTH AMENDING THE EXISTING CHAPTER 179 (TAXICABS) OF THE CODE OF THE BOROUGH OF KENILWORTH, COUNTY OF UNION, STATE OF NEW JERSEY

Mayor Fiamingo stated this is the first reading and the second reading will be on April 11, 2012 at which time there will be a hearing and the public will be invited to speak.

Be It Hereby Resolved:� That Proposed Ordinance No. 2012-07 be and the same is hereby passed on first reading and ordered published for final hearing on April 11, 2012.

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Proposed Ordinance No. 2012-08 was read for a first reading as follows:� (Copy attached)

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�Mayor Fiamingo stated this is the first reading on an Ordinance which is a companion to the prior ordinance on taxi cabs.� The second reading will be on April 11, 2012 at which time there will be a hearing and the public will be invited to speak.

Be It Hereby Resolved:� That Proposed Ordinance No. 2012-08 be and the same is hereby passed on first reading and ordered published for final hearing on April 11, 2012.

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

Livio Mancino, 102 North 24^th Street � Mr. Mancino said he could not hear the Council in the back of the room.� He asked Councilman Joho if he said the budget is flat?� Councilman Joho said it is practically flat with the increase being 4/10% or $60,843.00 from the prior year. Mr. Mancino asked if he needed a waiver?� The Mayor said they are way under the 2%.� Mr. Mancino said then you didn�t touch the 2% which you are allowed to increase?� Councilman Joho said the Borough is below the 2%.�

Mr. Mancino asked the Council to look at the work that was done on Washington Avenue because the street was not cut out at 18^th Street and also near St. Theresa�s Church.�

Mr. Mancino said we are paying $90,000.00 for an SRO, with the Borough paying $45,000.00 and the school paying $45,000.00. He said he is not opposed to that but for 10 months to have the school paying $45,000.00 seems a tremendous amount of money to be expended. He said that should be pro-rated.� Councilman Pugliese said if it is pro-rated the fee would be more than $45,000.00.� Mr. Mancino said the school is paying � and we only have him for 10 months.� The Mayor said that is 10 months out of 12 months which is 10/12 which is more than 50%.� Mr. Mancino said the School pays $45,000.00 and the Borough pays $45,000.00 which is 50% for each and he is saying they should pay less than that 50% because they only utilize him 10

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months out of the year and the Borough utilizes him 12.� The Mayor said for 10 months out of the year he is at the school and during that time the Borough does not have him.�

Mr. Mancino said the Borough probably saved money this year because of the weather because they allocated so much money for snow and he asked how this would benefit residents and he would like to hear some figures at the next meeting.� Mr. Mancino said the Building Department, under statute, must charge the amount they are going to need to operate the department over the course of the year. He said if a man buys a $350.00 hot water heater and his permits are $100.00 that seems out of sorts because it is more than 20%.� He said the plumbing and electrical should be inspected but you get people who say they don�t want to pay $100.00 and they don�t tell anyone and they just do it. He urged the Council to look into this and see what the revenue was for last year in the Building Department vs. what the expenditures have been and he said you will see the difference is far apart.� The Mayor said probably because the revenues from� Merck� were a lot.

Mr. Mancino said he heard that Merck has appealed and they are going to get a tax reduction and he heard figures like 3 or 4 million.� He said the Mayor and Council should forewarn the residents that if Merck gets a 4 million dollar tax reduction, the amount that is going to be passed on to the residents will be awesome.� He said we tax properties on their improvements which means you can�t tax Livio Mancino for his business but you can tax him for the building he puts on the property.� He said he thinks that Merck, who earned 16 billion dollars last year, is not making every effort to lease their property but they come to the Borough and say they have a hardship and nobody is in their buildings and they want a couple of million dollars off their tax rate.� He said he strongly recommends the Mayor send out a letter bringing the Community up to date on Merck�s appeal. He said when the residents get the bill, they will be asking why didn�t anyone tell me that Merck was not paying their taxes and that the Borough gave them a four million dollar tax reduction. He said a better informed community will be able to take the blow if we have to a lot better than if they see it on the tax bill.��

John Bury � Mr. Bury commented that he did not think that Merck was getting a four million dollar tax reduction because they probably weren�t even paying that much in taxes. The Mayor said they yes they are paying quite a bit and the reduction is significant. Mr. Bury asked if there will be a reduction in 2012?� The Mayor said it could have been in 2011 but we settled it for the year 2012.� Mr. Bury asked if it was 4 million and Councilman Pugliese said it is already part of the budget and the debt tax reduction is already taken into account.� Mr. Bury asked if everyone in town was going to pick up Merck�s four million dollars?� The Mayor said perhaps Mr. Mancino is correct and we should have our Tax Assessor explain everything in a letter.

Mr. Bury asked if� Ordinance 2012-05 on the Cap Bank was necessary if the taxes are flat?� He said in the budget it says the taxes don�t go up. Councilman Joho said it is something recommended by our Municipal Accountant and we do it year after year.� The Mayor said whenever we are under the Cap we bank that excess, the difference between where we are and the 2% in case in the future we are in need of exceeding the Cap.� She said it doesn�t necessarily mean we are going to be able to because that is why a Cap is a Cap but we bank that difference for the future.� Mr. Bury said he thought it had something to do with exceeding the tax levy.� Mr. Bury asked if the stuff is really going to be bought with the Bond Ordinance?�

He said he looks at the County budget and they pass these bond ordinances for 40 million dollars and they replace culverts every year and they are just looking for an excuse to bond.�

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He said right now they are bonding stuff back in 1999 like Oak Ridge Golf Course which doesn�t even exist anymore.� He asked if the million dollars is actually going to be spent in 2012?� The Mayor said she can�t say it will be spent in 2012 but it would certainly be spent no later than next year.� She said sometimes the construction costs get put off for a year or so and the actual amounts won�t be paid because perhaps the job is not finished, however we do not actually bond until we put bond anticipation notes together and then when we have enough money we put a bond issuance out.� The County has enough notes to bond every year but in Kenilworth we put together a package and then we bond. She asked Mr. Bury if the question he is really asking is if we are really going to spend that money on those items and the answer is that it is our anticipation to spend that money on those projects but if we can spend less then we will spend less and we will only bond for what we spend.� Mr. Bury asked if anyone keeps track of this?� The Mayor said the CFO keeps track.�

Mr. Bury said the County�s budget won�t be out until April 5^th and what does that do for Kenilworth, do they send you a bill around now saying this is what it will be for 2012? Mayor Fiamingo said they do an estimated bill just like the Borough does, half of what it was last year and they bill in quarters.� She said it is like our tax bills that are estimated in the first two quarters and when the budget is passed it is adjusted and that is why the last two quarters are slightly higher. She said right now we don�t have the increase from the County.��

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

Mayor said on Sunday, March 25^th the Mayor will be hosting a food bank collection to contribute to the local food bank.� She encouraged everyone to come to 550 Boulevard and drop off non-perishable food stuff.� She said they will have some light refreshments.

The Mayor said the Beautification Committee is walking around town to see what they can do and see where they can put some flowers.� They are asking for donations from the larger businesses like Walmart and Home Depot and anyone willing to make a donation can contact the Clerk�s Office.

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.

ROLL CALL

MINUTES

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REPORT OF COMMITTEES

DEPARTMENT OF PUBLIC WORKS

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DEPARTMENT OF PUBLIC SAFETY

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman Klinder reported the Rabies Clinic was held this past Sunday and we had over 145 dogs which was the most by far and 94 were from Kenilworth.

ORDINANCES AND RESOLUTIONS

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CONSENT AGENDA

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����������� �ORDINANCE NO.� 2012-04

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