Council Minutes from 10/12/2011

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, OCTOBER 12, 2011.� MAYOR KATHI FIAMINGO PRESIDED.

Mayor Fiamingo read the requirements of the Open Public Meetings Act.

The Salute to the Flag was led by Mayor Kathi Fiamingo.

ROLL CALL

Roll Call at 8:00 P.M. showed the following Council Members present: Sal Candarella, Peter Corvelli, Toni Giordano, Brian Joho, Scott Klinder and Fred Pugliese. �

MINUTES

It was moved by Councilman Joho, seconded by Councilwoman Giordano and carried that the minutes of the Work Session of September 27, 2011 and the Regular Council Meeting of September 28, 2011 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS:

Letter from the Central Jersey Road Runners Club requesting approval of their rescheduled Annual Fall Classic 4 Mile Road Race on Saturday, November 5, 2011.
Letter from Jonathan Williams, DeCotis, Fitzpatrick & Cole, LLP, sent to Union County Municipalities in response to a letter from Bruce Paterson, Garwood, regarding his concerns and opposition to the proposed amendments to the existing Waste Disposal Plan.
Resolution received from the Union County Board of Chosen Freeholders granting permission to close the Boulevard for the Street Fair on October 23, 2011.
Letter from Shirley Boyden Maxwell, President, Kenilworth Historical Society, thanking Supt. Dan Ryan, Foreman Walter Krieck and Public Works staff for their assistance in moving donated furniture into the Nitschke House.
Letter from Shirley Boyden Maxwell, President, Kenilworth Historical Society, thanking the Governing Body for their support of the �Kenilworth Freedom Run & Walk� and expressing gratitude to various Borough employees for their assistance and also inviting all to visit the Nitschke House during �Four Centuries in a Weekend� on Saturday, October 15^th and Sunday, October 16^th.

REPORTS

Police Department Report for the month of September, 2011.
Borough Clerk�s Report for the month of September, 2011.
Construction Department report for the month of September, 2011.
Fire Department/Rescue Squad Report for the month of September, 2011.

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

MAYORS REPORT

Mayor Fiamingo reported there is a new Senior Bus Service in the process of being developed.� Paulette Drogan who is the transportation administrator is developing a program for some enhanced transportation for seniors.� If you need transportation service, please call 908-276-0129 and once the entire schedule is put together we will make sure we put it out there for everyone�s information.

The Mayor announced that, thanks to Mrs. Drogan, we have been advised that the County has funded the Municipal Alliance for the amount of $17,744.00 again through next year and that is due to her good efforts in putting together the grant application.� That money funds a number of different programs that are done throughout the year.�

The Street Fair is October 23^rd beginning at 10:00 AM and closing at 5:00 PM.� The Mayor said if you have been there in the past few years you will know that it is a wonderful event and very well attended.� There are many vendors and everyone always has a lot of fun.

This weekend is �Four Centuries in a Weekend� at the Nitschke House and everyone is invited although it is not quite finished but you can see a work in progress as they are diligently working to make it a museum for Kenilworth.

�DEPARTMENT OF FINANCE

Councilman Joho reported the Borough received the new estimate for pension payments in 2012 and there is now a reduction in pension payments for 2012 for the PFRS and the PERS programs of $93,247.00 less than what we contributed in 2011.� He said the original estimate for 2012 was actually $200,000.00 more.� He said he appreciates the revision and the $93,000.00 reduction is welcome.� They received the Revenue and Expense Report from the Finance Officer for the quarter ending September 30^th.� He said obviously 75% of the year�s budget has passed and most departments are tracking within the 75% spenditure rate.� Everyone is keeping an eye on the budget and everything looks good to this date.

DEPARTMENT OF PUBLIC WORKS

Councilman Corvelli reported the Bulk Pick-up for the north side is complete and the south side is being completed now.�� He will report next month on the tonnage.� He said they are getting into leaf season and we have one gentleman out at the DPW because he is having an operation but we will get as many trucks out there as we can.

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese reported about a month ago the Police Department purchased a new Computer Recording Device which is known as the CAD System.� It has recently been installed and training is being conducted in the Police Department and should be completed by the end of next month.

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A new video monitoring system has been installed at the Police Department and it is linked up to video cameras at the hallways and entrances of Harding School and David Brearley High School.� This allows the Police Department to view student incidents but also should someone enter from the outside that does not belong.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman Candarella reported the Construction Department Report is in order and it has been a busy month.� There was a PZO meeting and they talked about a couple of internal procedures but no major decisions came.

DEPARTMENT OF RECREATION AND FIRE

Councilwoman Giordano had nothing to report for the Fire Department.� On Saturday, October 29^th the Recreation Department will sponsor the Halloween Parade.� The parade will start at the Recreation Center and go to Harding School and immediately after the parade they will have a �Trunk & Treat� in Harding parking lot.� They asked that everyone register so that spaces are reserved and you can go on the Recreation web site or go into the Rec Center and they will have all the information there for you.� On Friday, October 28^th and Saturday, October 29^th at 7:00 PM there will be Halloween parties for different grades.� Third and Fourth grades will be one night and Five and Sixth grades will be another night, they are not sure which will be which but you can go on Facebook and check.� She said usually the kids know before the parents and they start circulating the news but everyone should know that those are the dates for the parties. The Recreation Department is starting to put together the Basketball sign-up list.� Last year they added Garwood to create a league with us and this year they have brought on Springfield.� She said most of that information will be on Facebook.� Councilwoman Giordano said she spoke with Angela Lombardi and she is putting together a Halloween Party for children with special needs this Sunday between 1:00 PM and 2:30 PM., parents and siblings are invited.� She said right now it is primarily for younger children but they have had a couple of 9, 10 and 11 year olds and they are looking to grow that portion of the program.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Klinder reported that this Saturday at 11:00 AM the Library is going to dedicate a bronze sculpture on the front lawn and everyone is invited.

ORDINANCES AND RESOLUTIONS

Consolidated Bill List appears on the following pages.� (copy attached)

CONSENT AGENDA

Resolutions No. 1 thru 10 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.

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Councilman Joho moved that all items under Consent Agenda be approved, seconded by Councilwoman Giordano. 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:

�#1036 Kenilworth VFW Post 2230 for an Off-Premise Merchandise Raffle on February 5, 2012 at� 33 South 21^st Street, Kenilworth, N.J.

#1037 St. Theresa�s R.C. Church for an Off-Premise 50/50 Raffle on December 18, 2011 at 540 Washington Avenue, Kenilworth, NJ.

RESOLUTION NO. 3

WHEREAS, BAC Tax Services Corp. paid the property taxes for the 3^rd quarter of 2011 for the property located at 23 South 23^rd Street, Kenilworth, NJ, and;

WHEREAS, this resulted in a tax overpayment for the 3^rd quarter of 2011 in the amount of $1,729.58;

WHEREAS, BAC Tax Services Corp. has requested that the overpayment of the 3^rd 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

�� 117�� 26�� BAC Tax Services Corp.�� $ 1, 729.58

�� CA6-913-LB-01

P.O. Box 10211

Van Nuys, CA 91499-6089

�� TOTAL�� $ 1,729.58

��

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��

RESOLUTION NO. 4

WHEREAS, the attorney representing the owner �Boright Realty % Mattes Assoc� and �Boright Realty % Mattes Realty� 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.

��

Block�� Lot�� Name/Prop. Loc.�� Amount

6�� 4�� Boright Realty % Mattes Realty�� $ 21,226.80

�� 30 Boright Avenue

6�� 5�� Boright Realty % Mattes Assoc�� $�� 6,178.12

�� 30 Boright Avenue

�� TOTAL�� $ 27,404.92��

Payable to:�� Michael A. Vespasiano, Attorney Trust Account

�� 331 Main Street

�� Chatham, NJ 07928��

1-01-37-480-101

RESOLUTION NO. 5

WHEREAS, it has been determined that real estate taxes for the year 2010 have been overpaid due to a New Jersey State Tax Court Judgment;

WHEREAS, the attorney representing the owner �Boright Realty % Mattes Assoc� 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.

��

Block�� Lot�� Name/Prop. Loc.�� Amount

6�� 3.01�� Boright Realty % Mattes Assoc�� $�� 3,970.68

�� 20 Boright Avenue

6�� 5�� Boright Realty % Mattes Assoc�� $�� 6,490.01

�� 30 Boright Avenue

6�� 6�� Boright Realty % Mattes Assoc�� $� 12,835.27

�� 30 Boright Avenue��

��

TOTAL�� $ 23,295.96��

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Payable to:�� Michael A. Vespasiano, Attorney Trust Account

�� 331 Main Street

�� Chatham, NJ 07928��

0-01-37-480-101

RESOLUTION NO. 6

WHEREAS, the State of New Jersey requires the Borough of Kenilworth to adopt a Cash Management Plan (Plan) each year, and;

WHEREAS, PNC bank is listed in the Plan as one of the official depositories for the Borough of Kenilworth, and;

WHEREAS, after reviewing a number of proposals for banking services, PNC Bank offers the best program for depositing and investing the Borough�s funds.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Kenilworth that it does hereby select PNC Bank as the cash repository of the Municipalities funds.

RESOLUTION NO. 7

Resolution appears on the following page (Capital Budget Amendment)

RESOLUTION NO. 8

BE IT HEREBY RESOLVED:� That Nancy Lamoreaux be appointed as a regular

member of the Kenilworth Board of Health for a term expiring December 31, 2013.

RESOLUTION NO. 9

WHEREAS in anticipation of Hurricane Irene, Governor Chris Christie declared a State of Emergency on August 25, 2011; and

WHEREAS the Borough of Kenilworth�s workforce and resources were deployed prior to Hurricane Irene to protect the public health, safety, and welfare of Clark; and

WHEREAS ON Saturday, August 27, 2011 and Sunday August 28, 2011, the Borough of Kenilworth experienced catastrophic flooding from Hurricane Irene causing extensive flood damage to residential dwellings throughout the Borough of Kenilworth and Borough owned buildings, offices and properties; and

WHEREAS said hurricane caused extensive damage throughout the Borough of Kenilworth affecting the public health, safety and welfare of the community and the immediate delivery of goods or performance of services pursuant to N.J.S.A. 40A:11-6; and

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WHEREAS the Borough of Kenilworth has received mutual aid assistance from other municipalities and governmental agencies in the aftermath of Hurricane Irene; and

WHEREAS on September 4, 2011, Union County received a declaration as a major disaster area by the Federal Emergency Management Agency (FEMA) for Hurricane Irene; and

WHEREAS FEMA provides supplemental Federal disaster grant assistance for debris removal, emergency protective measures, and the repair, replacement or restoration of disaster-damaged, publicly-owned facilities; and

WHEREAS the Federal share of assistance is not less than Seventy-Five (75%) percent of the eligible cost for emergency measures and permanent restoration; and

WHEREAS the remaining Twenty-Five (25%) percent of costs not covered by FEMA is the responsibility of the Borough of Kenilworth.

NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of Kenilworth hereby urges the Governor and Legislators to provide funding to cover the remaining Twenty-Five (25%) percent of costs related to Hurricane Irene that would not be provided by FEMA; and

BE IT FURTHER RESOLVED that reimbursement of the remaining Twenty-Five (25%) percent of costs be provided to the Borough of Kenilworth and those governmental entities that provided mutual aid to Kenilworth.

RESOLUTION NO. 10

WHEREAS, October is Domestic Violence Awareness Month; and

WHEREAS, domestic violence creates physical and psychological damage not only on the individual, but the entire family structure and in turn, society in general; and

WHEREAS,� there are non-profit organizations available such as Soroptomist International of the Greater Westfield Area (SIGWA) and the YWCA of Eastern Union County/Project Protect which provide support and counseling to victims of domestic violence.

NOW, THEREFORE BE IT RESOLVED that the Governing Body of the Borough of Kenilworth hereby proclaim October as �Domestic Violence Awareness Month� and urge victims of domestic violence to reach out to these organizations for help.

Proposed Ordinance No. 2011-08 was read for a first reading as follows:� (Copy attached)

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ORDINANCE NO. 2011-08

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.

Mayor Fiamingo stated this is a first reading of an ordinance for curbing.� We are redoing a portion of Roosevelt Lane and the residents asked for curbs to be installed at their cost and in order to do so it is necessary for us to pass a bond ordinance for curbing.� The second reading will be on November 9^th and if anyone wishes to speak relative to this ordinance, they will be heard at this time.�

RESOLUTION NO. 11

Introduced by Candarella, adoption moved by same.

Seconded by Giordano

Be It Hereby Resolved:� That Proposed Ordinance No. 2011-08 be and the same is hereby passed on first reading and ordered published for final hearing on November 9, 2011.�� .

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

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

MEETING OPEN TO THE PUBLIC

Mary Michitsch, 725 Monmouth Avenue � Mrs. Michitsch said that she forgot to thank the CYO at St. Theresa�s for going above and beyond during Hurricane Irene.� The CYO went to Cranford and cleaned out an elderly lady�s house and when they were offered money they said no thanks.� They only thing they asked was if she knew of anyone else who needed help.� She said everyone always says what kids do wrong but never what they do right. The Mayor asked Mary who she can contact at the CYO when our elderly residents need help?� Mary said she will give the Mayor the information.

Mrs. Michitsch said regarding impervious coverage, how many driveways are allowed when you build a house and she is not talking about the one driveway most people have in front of their house? She said when you have a main driveway and then add another driveway are you allowed to do that when the second driveway it is going nowhere?� Councilman Candarella said you are allowed one driveway and the width depends on several things.� He said if they come

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and get a variance it could be allowed and he said he does not know which driveway she is talking about.� Mrs. Michitsch said there is one on Clinton Avenue.� Councilman Candarella said she can make a complaint to the Zoning Officer and he will check it out.� Mrs. Michitsch said there is one on her corner and she does not know why if you have a 2 bedroom house you need three driveways, a double driveway and a single driveway.� The Mayor said as far as she knows you cannot have a driveway that leads to anywhere but a garage. Mrs. Michitsch said we are covering ground that we should not be covering.� The Mayor said they are working on ordinances.�

Councilman Candarella said the Kenilworth Boy Scouts along with Mr. Herbert were in Cranford handing out FEMA boxes right after the hurricane.� He said these little kids worked hard brining the FEMA boxes to all the residents.�

Mary Michitsch said all those things should be brought out because all you ever hear is what the kids do wrong and no one ever hears what kids do right.

John Bury, 417 North 15^th Street � Mr. Bury commented on the pension deferral by stating it is an embarrassment.� He said the 2012 contribution numbers are figured out as of June 30^th. He said it was reduced because employees will now be paying some of that so and that is how they reduced the amount. He said it is immoral and unethical because subsequently the assets also drop because 60% of the money is in stocks and they did not adjust for that so it is another manipulation to get this plan bankrupt which it probably will be and in a couple of years and it will only have the employees own contributions.

Mr. Bury asked what did the Jonathan Williams, DeCotis, Fitzpatrick letter say?� The Mayor said a lot, it went on for a long time.� Mr. Bury said he pretty much knows what was in the letter.� He wanted it noted that at the same time Bruce Paterson asked his questions and sent his letter, he was at the hearing September 12^th and he had four specific questions and he went to the Freeholder Meeting four days later and asked the same question he was told he would get a response within 15 days. He said it is now 30 days and he has not received a response.� He said personally his questions were a whole lot better than Bruce Patterson�s, although Bruce had some good questions they were mostly about bonding. Mr. Bury said the main point is that this is just a scheme to get Covanta money and after you get through the all stuff it is pretty obvious.� They are saying $12.00 less but they are forcing you to buy a certain amount so you are paying less on the ton but you are paying on the guaranteed tonnage. He said the guaranteed tonnage goes from $250,000.00 to $430,000.00 for the UCUA.� He said now when the UCUA has these agreements can go to the towns and force them to take the guaranteed tonnage or they can eat it. They can pay up to $430,000.00 and he does not know where they would get the money but that is the whole idea behind it.� He said the bonding is also off because they also put 10 million dollars more in bonds in there to pay the fees for everybody.� He said this will hurt over the long term but the main thing is that this is so fraudulent.� A year ago it was said there was a $276 million dollar savings and they got a guy to vouch to it and it was an absolute lie. The question Mr. Bury asked was �What is the loss revenue after 2024 and beyond�? He said there are a lot of electricity sales, 20 million a year recycling and that was ignored completely over the period.� He said he figured that they will probably lose 30 million on the whole deal, bonding and all, and that is why he did not get an answer.� Mr. Bury asked the

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Mayor and Council to keep in mind that Decotis, Fitzpatrick gets one million dollars from the UCUA and they are pretty much raping the County.� They are golf experts and experts when it comes to any litigation and they pretty much get 2 million a year.� He said with this cap on they have to get the money through bonding schemes like this.� He said he would also like to point everyone to Encap, a guy named Lizner who had resigned a couple of years ago because he was involved with Bryant and a former partner.� Solar panels which they sold saying they would be paid back and the bonds on that are likely going to default.� He said if you have two letters, one from Bruce Paterson and one from Decotis, Bruce has more credibility than Decotis.

Mr. Bury said that when he gets his responses he will come to the next Council Meeting.

Paulette Drogon � Municipal Welfare Director for Kenilworth � Mrs. Drogon said she has been in her position since 1989.� She said people who are not eligible for Welfare, yet sometimes need assistance in Kenilworth are lucky enough to have two funds, the Salvation Army Kettle Fund and the Kenilworth Community Fund.� Mrs. Drogon thanked Mayor Fiamingo for keeping the Community Fund solvent.� Since 1989 it had little or no money and for the past few years our Mayor has been donating the monies she makes from marriage ceremonies to the Community Fund.� Mrs. Drogan thanked the Mayor publically for keeping that fund solvent so that she can help the needy in this town.� The Mayor thanked Paulette and said she is happy to help.

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

GENERAL BUSINESS

None.

ADJOURNMENT

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

8:25 P.M.�� Respectfully submitted,

��

�� Hedy Lipke, Borough Clerk��

�

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ROLL CALL

MINUTES

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REPORT OF COMMITTEES

DEPARTMENT OF PUBLIC WORKS

DEPARTMENT OF PUBLIC SAFETY

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DEPARTMENT OF PLANNING, ZONING & ORDINANCES

ORDINANCES AND RESOLUTIONS

CONSENT AGENDA

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