REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, AUGUST 27, 2008. MAYOR KATHI FIAMINGO PRESIDED.
Mayor Fiamingo read the requirements of the Open Public Meetings Act.
The Salute to the Flag was led by Mayor Fiamingo.
Roll Call at 8:00 P.M. showed the following Council Members present: Sal Candarella, Lawrence Clementi, Brian Joho, Fred Pugliese, Toni Sosnosky. Anthony DeLuca was absent.
It was moved by Councilman Joho, seconded by Councilwoman Sosnosky, and carried that the minutes of the Work Session Meeting of July 8, 2008: the Regular Council Meeting of July 9, 2008 and the Special Council Meeting of July 16, 2008 be dispensed with and approved as submitted. (Copies furnished each Council Member prior to the meeting.)
COMMUNICATIONS AND PETITIONS
1. Letter from Margaret Collins, 70 Birch Street, asking that PSE&G be contacted to install a street light on Birch Street.
2. Letter from Robert Schielke, 37 North 23rd Street, asking that trees be trimmed at that location.
3. Letter from Central Jersey Road Runners Club requesting approval for its 31st Annual Fall Classic 4 Mile Road Race on Labor Day, September 1, 2008.
4. Letter from Michelle Wyss, 543 Newark Avenue, requesting permission for a Block Party on Newark Avenue (from So. 23rd Street to Orange Ave.) on Sunday, September 20th.
5. Letter from Fire Chief Giordino reporting that Firefighter Anthony DeLuca, Jr. will be receiving a valor award from St. Barnabus Burn Foundation for his response to victims of an explosion and fire.
6. Letter from Joe Finistrella, 43 Epping Drive, requesting permission for a Block Party on Saturday, September 13th.
7. Letter from Thomas Pugliese, 514 Washington Avenue, requesting permission to remove a Borough tree in order to have Solar Panels installed.
8. Letter from Cynthia Jankiewicz, 521 Richfield Avenue, requesting permission for a Block Party on Saturday, September 13th.
1. Municipal Court Reports for the month of June & July, 2008
2. Police Department Report for the month of July, 2008.
3. Construction Department Report for the month of July, 2008.
4. Borough Clerks Report for the month of July, 2008.
5. Rahway Valley Sewerage Authority Meeting Minutes of June 19, 2008.
Regular Council Meeting Minutes – August 27, 2008 Page 2
It was moved by Councilman Joho, seconded by Councilman Clementi and carried that the above communications be received and filed and any money amounts indicated be spread over the minutes.
REPORT OF COMMITTEES
Mayor Fiamingo stated she received notification from the Department of Community Affairs that the Library Grant for the Library Elevator has been extended thru the end of the year. They also agreed to extend the Public Safety Grant for $190,000.00. The Mayor thanked Cranford and Clark for their help with a flooding problem on South 31st Street. The Township of Cranford sent out their sewer crew with their TV machine to show Kenilworth where the problem was located. Clark Township sent out their sewer machine and was able to clear the line. The Mayor stated these two services would have been very costly to the Borough if they had to rent these machines and she is grateful for the cooperation of our neighboring townships. The Mayor stated there will be a 9/11 Ceremony at Borough Hall at 7:00 PM on September 11th. Wreaths will be presented by the Borough, the Fire Department and the Police Department. We will have a short but meaningful memorial. There will be a pre-construction meeting for the 2007 Road Project on September 4, 2008. Letters will be going out to residents regarding the construction. The 2008 projects will be going out to bid shortly.
DEPARTMENT OF FINANCE
Councilman Joho had nothing to report.
DEPARTMENT OF PUBLIC WORKS
Councilwoman Sosnosky reported the DPW has finished painting all the crosswalks and stop bars and they are currently painting the yellow curbing. They finished putting down the certified playground mulch at all Borough Parks and weather permitting they will begin to paint the benches, bleachers and tables. She said on August 19th the 2008 OSHA Safety Consultants conducted a safety inspection and found no apparent safety hazards or safety violations.
DEPARTMENT OF PUBLIC SAFETY
Councilman Pugliese reported there were no major police related issues at the carnival. There were 119 hours of overtime for police security, which was already budgeted. He said the A&E channel will be airing 13 episodes on the Essex/Union Anti Auto Theft Task Force at 10:00 PM on Thursdays. He said many of our officers participated in the show.
DEPARTMENT OF PLANNING, ZONING & ORDINANCES
Councilman Candarella reported the RFP for the Master Plan will be published and they will be accepting bids this week. They are starting to work with the architects for the new public safety building by developing plans for surveys, etc. The Monthly Construction Report was reviewed and was acceptable. They received three more applications for the Handyman Program and they still have money left.
Regular Council Meeting Minutes – August 27, 2008 Page 3
DEPARTMENT OF RECREATION AND FIRE
Councilman Clementi reported that during the month of July the Fire Department responded to 41 fire calls, traveled 166 miles and utilized 381 man hours. Additionally, the Fire Department utilized 234 man-hours for training, drills and work details. The Rescue Squad responded to 57 EMS calls, traveled 340 miles, utilizing 243 man hours. Additionally the Rescue Squad utilized 72 man hours for training drills and work details. The Fire Chief reported there are eight new applicants in process. Currently 45 members, full table of organization is 60, the eight new applicants will put the roster at 53.
Councilman Clementi read a letter to the Governing Body from Fire Chief Giordino thanking Anthony DeLuca, Jr., the Kenilworth Fire Department and the Kenilworth Rescue Squad for their quick response to an explosion and flash fire which caused severe burns to two individuals. Fireman DeLuca witnessed the explosion from his home, which was next door to the fire and he provided first aid and assistance until the arrival of emergency services. Fire Chief Giordino submitted Fire Fighter DeLuca, Jr. actions to St. Barnabas Burn Foundation and he will receive a Valor Reward on October 16, 2008.
Councilman Clementi also read a letter from Dale Spindel, Library Director for the Kenilworth Public Library praising the Kenilworth Volunteer Fire Department for their generous donation to the Kenilworth Library’s 2008 Summer Reading Program. She appreciated the Fire Departments support in their efforts to encourage children and teens from our community to read during the summer months.
Councilman Clementi said the Recreation Department has their next meeting scheduled for Thursday, September 18th.
DEPARTMENT OF HEALTH, EDUCATION & WELFARE
Councilman DeLuca was absent. Mayor Fiamingo stated the Kenilworth Health Fair will be held on September 20, 2008 at Schering-Plough from 9:00 am to 12:00 PM. She advised they will be giving blood pressure tests, etc. She encouraged everyone who is interested to attend. The Library Tricky Tray was a very nice affair and any child or teen who participated in the Summer Reading Program was given chances for over 200 gifts that were collected by the Library staff, especially Robin Koerner. Robin did a wonderful job along with the rest of the Library in collecting gifts.
ORDINANCES & RESOLUTIONS
Consolidated Bill List appears on the following pages. (copy attached)
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.
Regular Council Meeting Minutes – August 27, 2008 Page 4
Councilman Clementi moved that all items under Consent Agenda be approved, seconded by Councilwoman Sosnosky. 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
A RESOLUTION AUTHORIZING THE MAYOR AND MUNICIPAL CLERK OF THE MUNICIPALITY OF KENILWORTH TO EXECUTE AN AGREEMENT WITH THE COUNTY OF UNION TO MODIFY THE INTERLOCAL SERVICES AGREEMENT DATED DECEMBER 15, 1974, AS AMENDED
WHEREAS, certain Federal funds are potentially available to the County of Union under Title 1 of the Housing and Community Development Act of 1974, as amended, commonly known as the Community Development Block Grant Program; and
WHEREAS, certain Federal funds are potentially available to the County of Union under Title II of the National Affordable Housing Act of 1990, commonly known as the HOME Investment Partnership program; and
WHEREAS, it is necessary to amend an existing Interlocal Services Agreement for the County of Union and its people to benefit from this program; and
WHEREAS, it is in the best interest of the Municipality of Kenilworth and the County of Union in cooperation with each other to enter into a modification of the Interlocal Services Agreement pursuant to N.J.S.A. 40:8A-1;
NOW THEREFORE, be it resolved by the Mayor and Governing Body of the Municipality of Kenilworth that the agreement entitled “Agreement to Modify Interlocal Services Agreement dated December 15, 1974, for the Purpose of Inserting a Description of Activities for the Fiscal Year 2008 – 2009 Union County Community Development Block Grant Program, and the Fiscal Year 2008 – 2009 of HOME Investment Partnership program, a copy of which is also attached hereto; be executed by the Mayor and Municipal Clerk in accordance with the provisions of law;
BE IT FURTHER RESOLVED that this resolution shall take effect immediately upon it’s adoption.
Hedy Lipke, Borough Clerk
Regular Council Meeting Minutes – August 27, 2008 Page 5
AN AGREEMENT TO MODIFY INTERLOCAL SERVICES AGREEMENT DATED DECEMBER 15, 1974, AS AMENDED, FOR THE PURPOSE OF INSERTING A DESCRIPTION OF ACTIVITIES FOR THE FISCAL YEAR 2008 – 2009 UNION COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND THE FISCAL YEAR 2008 – 2009 OF THE HOME INVESTMENT PARTNERSHIP PROGRAM.
WHEREAS, this contract, the Interlocal services Agreement, dated December 15, 1974, was entered into by various parties, including the Municipality of Kenilworth and
WHEREAS, in order to meet federal requirements there must be a binding agreement in effect; and
WHEREAS, the Interlocal Services Act requires a specific delineation of activities to be included in the Agreement, and it is necessary to amend the said Agreement to insert a description of activities for the Fiscal Year 2008 – 2009 Union County Community Development Block Grant Program and Fiscal Year 2008 – 2009 of the HOME Investment Partnership Program;
NOW THEREFORE, it is mutually agreed that the Interlocal Services Contract dated December 15, 1974 be amended by adding the following Section:
Section D-1 (Agreement as to Specific Activities)
1. Contained in the Action Plan Fiscal Year 2008 – 2009 Union County Consortium Consolidated Plan
Date Kathi Fiamingo, Mayor
Regular Council Meeting Minutes – August 27, 2008 Page 6
RESOLUTION NO. 3
Be It Hereby Resolved: That the Borough Clerk be authorized to issue the following Raffle Licenses:
#930 David Brearley Middle/High School for an Off-Premise Calendar Raffle from January 3, 2009 thru March 31, 2009 at David Brearley MS/HS, 401 Monroe Avenue, Kenilworth, NJ.
#931 Kenilworth Historical Society for an On-Premise 50/50 Raffle on
September 13th, October 3rd, November 8th and November
20, 2008 at North 22nd Street & South 21st Street,
Kenilworth, N.J. and 2000 Galloping Hill Road, Union, NJ.
#932 Kenilworth Bears for an On-Premise Raffle on August 24th, August 31st, September 21st and November 5th, 2008 at 401 Monroe Avenue, Kenilworth, NJ.
#933 Kenilworth Bears for an Off-Premise Raffle on October 5, 2008 at 401 Monroe Avenue, Kenilworth, NJ.
#934 St. Theresa’s Church for Games of Chance on October 12, 2008 from 18th Street to 23rd Street, Kenilworth, NJ.
#935 St. Theresa’s Home School Association for an Off-Premise Calendar Raffle on October 10, 17, 24, 31, November 7, 14, 21, 28 and December 5, 12, 19, 26, 2008 at 540 Washington Avenue, Kenilworth, NJ.
#936 David Brearley High School Athletic Booster Club for an Off-Premise 50/50 Raffle on November 13, 2008 at 401 Monroe Avenue, Kenilworth, NJ.
Regular Council Meeting Minutes – August 27, 2008 Page 7
RESOLUTION NO. 4
Be It Hereby Resolved:
WHEREAS, a fee has been collected for removal of 1 stove in the amount of $25.00 and,
WHEREAS, the permit has been found not to be used.
NOW, THEREFORE, BE IT RESOLVED that the Treasurer be authorized to
draw a warrant in the amount of $25.00 payable to the order of:
660 Newark Avenue
Kenilworth, NJ 07033
RESOLUTION NO. 5
WHEREAS, N.J.S. 40A:4-58 provides for the transfer of such amounts deemed in excess to appropriations for the amount of which are deemed to be insufficient to fulfill purposes of such appropriation, and
WHEREAS, a resolution for this purposed was passed at a regular meeting of the Mayor and Council of the Borough of Kenilworth on February 13, 2008, and
WHEREAS, it has been determined that a typographical error occurred causing monies to be transferred from an incorrect account,
NOW, THEREFORE BE IT RESOLVED, that the following be approved and the Treasurer is hereby authorized to make the following transfers in the 2007 Municipal Budget.
733 Health Benefits-Active $2,900.00
Salary and Wages:
715 Engineering Part Time $2,900.00
Salary and Wages:
745 Police Overtime $2,900.00
733 Health Benefits-Active $2,900.00
Regular Council Meeting Minutes – August 27, 2008 Page 8
RESOLUTION NO. 6
Be It Hereby Resolved: That the Governing Body of the Borough of Kenilworth formally adopt a Standard Tort Claim Notice Form, as attached, and as recommended by the Garden State Municipal Joint Insurance Fund.
RESOLUTION NO. 7
WHEREAS, Assembly Bill No. A-2654 authorizes a special Gold Star Family license plate for families of servicemen and servicewomen who lost their lives while on active duty for the United States; and
WHEREAS, this bill would permit the Chief Administrator of the New Jersey Motor Vehicle Commission, upon proper application, to issue Gold Star Family license plates for any motor vehicle owned or leased by either the parent, step parent, foster parent, spouse, sibling or half sibling of a member of the armed services who lost his/her life while on active duty for the United States and registered in the State; and
WHEREAS, this bill demonstrates a final salute, a final honor and a final act of reverence to be generated to those parents whose military children have made such an incalculable sacrifice in defense of America; and
WHEREAS, Assemblywoman Nilsa Cruz-Perez, Assemblywoman Valerie Vainieri Huttle and Assemblywoman Linda Stender are the primary sponsors of this legislation, which authorizes a special Gold Star Family license plate for families of servicemen and servicewomen who lost their lives while on active duty for the United States.
NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the Borough of Kenilworth, in the County of Union and State of New Jersey as follows:
1. That the Governing Body strongly supports Assembly Bill No. A-2654 authorizing a special Gold Star Family license plate for families of servicemen and servicewomen who lost their lives while on active duty for the United States.
2. That a copy of this resolution be forwarded to the sponsors of this bill, to the members of the 20th Legislative District and to all Union County Municipalities.
ADOPTED: July 17, 2008
I hereby certify that the foregoing resolution was adopted by the Council on August 27, 2008.
Regular Council Meeting Minutes – August 27, 2008 Page 9
RESOLUTION NO. 8
Be It Hereby Resolved: That retroactive to January 1, 2008, the salary of the Police Matron be $15 per hour for a minimum of 4 hours.
RESOLUTION NO. 9
RESOLUTION AUTHORIZING 2007 ROADWAY IMPROVEMENT CONTRACT WITH S. BROTHERS, INC.
WHEREAS, the Borough had previously advertised for bids for contractors to provide “2007 Roadway Improvement”, and
WHEREAS, the Borough has twice advertised and solicited bids for the subject work and has been unable to receive a competitive bid within its budget; and
WHEREAS, on July 9, 2008 the Council for the Borough of Kenilworth rejected all bids received for the 2007 Roadway Improvements and authorized direct negotiations with prospective vendors for the same services specified in the Technical Specifications previously published; and
WHEREAS, the Borough re-advertised for the project and directly notified all responsive vendors of the opportunity to negotiate their prices to comply with the funds budgeted; and
WHEREAS, the Borough Engineer Richard O’Connor entered negotiations with the vendors which resulted in a lower bid within budget by S. Brothers Inc. of South River, NJ in the amount of $839,160.70.
NOW THEREFORE BE IT RESOLVED, by the Council of the Borough of Kenilworth, County of Union, State of New Jersey, that the Contract for the 2007 Roadway Improvements be awarded to S. Brothers, Inc. for an amount not to exceed $839,160.70.
RESOLUTION NO. 10
Introduced by Larry Clementi, adoption by same.
Seconded by Fred Pugliese
Be It Hereby Resolved: That the following Department Heads receive an additional 1% salary increase for the year 2008, retroactive to January 1, 2008:
Court Administrator Joanne Szelingiewicz
Welfare Director Paulette Drogon
Public Works Superintendent Daniel Ryan
Recreation Director Scott Pentz
Regular Council Meeting Minutes – August 27, 2008 Page 10
Upon Roll Call: Candarella voted yes, Clementi voted yes, Pugliese voted yes, Sosnosky voted yes. Joho abstained. Four in favor.
Proposed Ordinance No. 2008-14 was read for the second and final reading as follows: (Copy appears in minutes of July 9, 2008)
BOND ORDINANCE TO AUTHORIZE THE UNDERTAKING OF THE PRELIMINARY PHASE FOR A PUBLIC BUILDING PROJECT AND THE ACQUISITION OF NEW ADDITIONAL OR REPLACEMENT EQUIPMENT AND MACHINERY AND A NEW AUTOMOTIVE VEHICLE,
INCLUDING ORIGINAL APPARATUS AND EQUIPMENT, IN, BY AND FOR THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $307,000 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 a Capital Ordinance to purchase machinery and equipment and for the initial phase of the public safety building. The Mayor asked if anyone wished to comment on this ordinance to please step forward, state their name and address for the record. Seeing no one, the Mayor closed the hearing on Ordinance 2008-14.
RESOLUTION NO. 11
Introduced by Brian Joho, adoption by same
Seconded by Toni Sosnosky
Be It Hereby Resolved: That Proposed Ordinance No. 2008-14, be and the same is hereby passed on second and final reading and ordered published according to law.
Upon roll call, all in favor.
Proposed Ordinance No. 2008-15 was read for the first reading as follows: (Copy attached)
BOND ORDINANCE TO AUTHORIZE THE ACQUISITION OF COMPUTER EQUIPMENT IN, BY AND FOR THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, STATE OF NEW JERSEY, TO APPROPRIATE THE SUM OF $30,000 TO PAY THE COST THEREOF, TO MAKE A DOWN PAYMENT, TO AUTHORIZE THE ISSUANCE OF BONDS TO FINANCE SUCH APPROPRIATION AND TO PROVIDE THE ISSUANCE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE OF SUCH BONDS.
Mayor Fiamingo stated this is a first reading for the acquisition of computer equipment. The second reading will be held on September 24, 2008 at which time the public will be invited to speak.
Regular Council Meeting Minutes – August 27, 2008 Page 11
RESOLUTION NO. 12
Introduced by Brian Joho, adoption by same.
Seconded by Larry Clementi
Be It Hereby Resolved: That Proposed Ordinance No. 2008-15, be and the same is hereby passed on first reading and ordered published for final hearing on September 24, 2008.
Proposed Ordinance No. 2008-16 was read for the first reading as follows: (Copy attached)
AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF THE BOROUGH OF KENILWORTH – DEPARTMENTAL STRUCTURES – POLICE DEPARTMENT TABLE OF ORGANIZATION.
Mayor Fiamingo stated this is a first reading on an ordinance to amend the table of organization for the Kenilworth Police Department based on Chief Dowd’s recommendation to move a detective from the Detective Bureau into the traffic Bureau. The second reading will be on September 24, 2008 and anyone wishing to speak may do so at that time.
RESOLUTION NO. 13
Introduced by Fred Pugliese, adoption by same.
Seconded by Toni Sosnosky
Be It Hereby Resolved: That Proposed Ordinance No. 2006-16, be and the same is hereby passed on first reading and ordered published for final hearing on September 24, 2008.
Upon roll call all in favor.
The Mayor thanked all the participants in National Night Out. There were six block parties and Councilman Pugliese, Chief Dowd, Detective Dowd, Patrolman Grady and herself visited each gathering and it was a nice event. The Carnival was a big success and the weather cooperated. The Mayor congratulated Mike & Annie’s Ice Cream Parlor for receiving the “Munch Mobile” award per the recent Star Ledger article. She also congratulated Mrs. Pasternak and her son Jay Bruder from Happy Days on their 50th Anniversary. The Community wide garage sale will be held on September 6th and 7th. She said the fee is $10.00 and part of the fee goes to benefit the Historical Society. The Octoberfest will be held October 12, 2008, 11:00 am to 5:00 pm. She said hopefully the Boulevard will not be in the middle of construction. She said Marie Condo is working hard to secure crafters and vendors. If anyone is interested they can obtain an Application at Borough Hall. They are going to have a Dog Talent Show. The Mayor congratulated Tony DeLuca for his heroic efforts in helping out his neighbor and he will receive well deserved recognition from the burn unit.
Motion was made by Councilman Candarella, seconded by Councilman Pugliese to open the meeting to the public. All in favor.
Regular Council Meeting Minutes – August 27, 2008 Page 12
MEETING OPENED TO THE PUBLIC
Livio Mancino, 102 North 24th Street – Mr. Mancino asked Councilwoman Sosnosky if the sweeper was broken and if not is it going to clean up after the carnival? Councilwoman Sosnosky responded the sweeper is not broken and she will check to verify that the area of the carnival will be swept. Mr. Mancino asked Councilman Joho how much aid the Borough has received since the Governor signed the bill and where has the aid ended up? Councilman Joho stated there was a reduction in aid, the Borough lost over $207,000.00 from 2007-2008. The State has finalized their budget and the aid money will go to reduce the taxes. Mr. Mancino asked when it will be reflected in the property taxes? Mayor Fiamingo stated it will be reflected in the 4th Quarter taxes. Councilman Joho stated the 3rd Quarter Tax bills have already gone out and the change will be reflected in the 4th Quarter Bill. Mr. Mancino said they should let the residents know. Mr. Mancino said he visited the Recreation Summer Program at Harding and he said the children were allowed to run in the school. He said he never saw the Recreation Director at the school. He recommended the Summer Recreation Program have a scheduled program. He also said one of the counselors could only work three out of the six weeks of the program. Mr. Mancino said he thought the public was going to get information on the public safety building as things progressed and he said that is not happening. He asked where were the town meetings? He said he read in the paper that the Mayor said the cost of the new public safety building would be around 3.5 million. Mayor Fiamingo stated the Council does not have a schematic or a contract with the architect and when they do, they will present the information to the public. Mayor Fiamingo stated there is a sub committee for the public safety building consisting of Councilman Candarella, Joho and DeLuca and they will be starting the process with the architects. As reported this evening by Councilman Candarella, the committee is in the process of getting the survey, etc. Councilman Candarella stated the Borough needs a signed contract from the architect before they can proceed to have meetings with Department Heads to figure out the needs of the Borough and after that process the architect will design a concept. Mr. Mancino said the Chamber of Commerce is having a Taste of Kenilworth at $25.00 per head for about 400 people which should generate about $10,000.00. He asked what does the chamber give to the Borough besides a few scholarships. He suggested the Chamber of Commerce split the money with Kenilworth since it is Kenilworth restaurants and residents that are supporting the event.
There being no further business to come before the Council it was moved by Councilman Joho, seconded by Councilwoman Sosnosky and carried, that the meeting be adjourned to the call of the chair. All in favor.
8:40 P.M. Respectfully submitted,
Hedy Lipke, Borough Clerk
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