Council Minutes from 3/23/2011

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, MARCH 23, 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 Fiamingo.

ROLL CALL

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

MINUTES

It was moved by Councilman Joho, seconded by Councilman Candarella, and carried that the minutes of the Work Session of March 8, 2011 and the Regular Council Meeting of March 9, 2011, be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS:

�Notice of Hearing before the Kenilworth Planning Board for Site Plan/Variance approval from 512 Boulevard LLC to permit apartments on the second floor of commercial/office property.� Hearing schedule for March 24, 2011.
Notice from the Kenilworth Board of Education announcing four candidates running for three seats on the Kenilworth Board of Education.
Letter and Petition from Frank Panico, Alloy Cast Products, Inc., 700 Swenson Drive, requesting that the street be paved and coated as it is deteriorating.
Letter from Claudia Morena asking permission to have a 5K Run/Walk on May 22, 2011 on behalf of the American Cancer Society starting and ending on 20^th Street.

It was moved by Councilman Leary, seconded by Councilman Candarella, 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 reminded everyone of the �Relay for Life� to be held on June 4, 2011.� The Council has their team and they are raising money.�

Thursday is the �Chili Cook-Off� and if you do not have� plans for dinner come to the VFW at 6:30, the cost is $10.00.� The Mayor said she and the Superintendent will be tasting the chili.

The Mayor said we have been preliminarily awarded certain grants under the Community Development Block Grants for ADA improvements to the police annex across the street, for the Senior Bus, Senior Handyman Program and some other applications that we submitted for� Senior Services as well as ADA improvements for various streets.� The amounts are going to be dependent on whether or not full funding comes through from the Federal Government for this

Council Meeting � March 23, 2011�� Page 2

program.� She said the President has determined that there will be significant cuts to the program so we are not sure exactly how much but it�s a good thing because at least we did get awarded grants.

Mayor Fiamingo said she was informed that the cell tower that was supposed to be built on Fairfield Avenue is not going to be built in Kenilworth.� She does not have anything specific in writing but she was given the word.

DEPARTMENT OF FINANCE

Councilman Joho reported that tonight we will introduce the 2011 Municipal Budget.� It reflexs controlled spending, fiscal discipline and everyone making the best out the continued challenging budgetary and economic environment.� He thanked the Department Heads for their continued cooperation and understanding as well as Councilman Pugliese and Councilman Corvelli, the Finance Officer, Robert Ordway and the Auditor Jim Cerullo for their contributions to the process of creating this budget.

Mayor Fiamingo said the hearing on the budget will be on April 27, 2011. The Mayor thanked the Committee and the Department Heads for all their hard work.

DEPARTMENT OF PUBLIC WORKS

Councilman Corvelli said the DPW is out everyday continuing to fill potholes and the only drawback is the hotbox is broken but they are in communication with Marathon to get a replacement axle and hopefully that will come soon but in the meantime they will do cold patch.� The electronic waste containers came in for waste pick-up during Bulky Pick-up during April.� Grass pick-up will commence on Tuesday April 5^th and every Tuesday thereafter. Paint for crosswalks and yellow curbing was ordered. The DPW installed stainless steel storm drains for the storm water regulations from NJ DEP.

�

DEPARTMENT OF PUBLIC SAFETY

Councilman Pugliese reported that Police Chief Grady has been attending Police Chief Orientation.� This is a course taught by the State of New Jersey.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman Candarella reported the Planning Board has one application to be heard.

DEPARTMENT OF RECREATION AND FIRE

Councilman Leary read a letter from the City of Rahway to Chief Giordano that read �I would like to personally thank the Borough of Kenilworth Fire Department for supplying mutual aid to the City of Rahway at our structure fire.� Your Department displayed true professionalism and should be quite proud.� We may have lost a structure but he finds more importance in the fact that all personnel left the scene unscathed of any injury and the fire was ultimately extinguished. It is a great tribute to your Fire Department and it will always be remembered.�

Council Meeting � March 23, 2011�� Page 3

Councilman Leary read another letter from Union Emergency Medical Unit to Chief Giordino which read �On behalf of the Union Emergency Medical Unit, please allow me to express our thanks for your assistance for the Union County St. Patrick�s Day Parade on March 12, 2011.� The mutual aid your agency provided was invaluable and greatly appreciated.� If Union Medical Emergency Unit can be of any assistance to your organization in the future, please do not hesitate to contact us�.

Councilman Leary reminded everyone that on April 2^nd the Recreation Department will be holding it�s parade and it will kick-off at 11:00 am at Harding School and will head to DiMario Park for the unveiling of a new scoreboard which was donated by the Carbone Foundation.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Klinder reported the Edward K. Gill Apartments in Cranford, New Jersey will be accepting applications for Senior Citizen Housing.� Applicants must be 62 years of age or older and their maximum income would be $45,100.00 for individual and $51,550 for couples.� If you are interested call 908-272-9180 for applications or they can be picked up at the apartment from Monday, April 4^th thru April 15^th.� All applications must be in by April 15, 2011.

They hired two part-time Senior Citizen Handyman, Gordon Fletcher and Walter Gallagher. He said anyone who needs an application should contact the Town.

The Mayor asked Scott where the apartment complex is located and Scott replied the Senior Citizen Section 8 Housing is 40 Meeker Avenue,� Cranford.

ORDINANCES AND RESOLUTIONS

Proposed Ordinance No. 2011-05 was read for a first reading as follows:� (Copy attached)

ORDINANCE NO. 2011-05

CALENDAR YEAR 2011

ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS

AND TO ESTABLISH A CAP BANK

(N.J.S.A. 40A: 4-45.14)

��

Mayor Fiamingo stated this is a first reading on an ordinance which is a technical ordinance to allow us to establish a cap bank.� The second reading will be on April 27, 2011�� at which time the public is invited to speak.

Council Meeting � March 23, 2011�� Page 4

RESOLUTION NO. 1

Introduced by Brian Joho, adoption moved by same.

Seconded by Fred Pugliese

Be It Hereby Resolved:� That Proposed Ordinance No. 2011-05, be and the same is hereby passed on first reading and ordered published for final hearing on April 27, 2011.

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

�

RESOLUTION NO. 2 - INTRODUCTION OF THE 2011 MUNICIPAL BUDGET

Introduced by Brian Joho, adoption moved by same

Seconded by Fred Pugliese

Hedy Lipke read the following:

Municipal Budget of the Borough of Kenilworth, County of Union for the Fiscal year 2011.

Be It Resolved, that the following statements of revenues and appropriations shall constitute the Municipal Budget for the year 2011;

Be it Further Resolved, that said budget be published in the Cranford Chronicle.� In the issue of April 1, 2011;

The Governing Body of the Borough of Kenilworth does hereby approve the following as the budget for the year 2011;

The amount to be raised for taxes is $11,059,895.00

Recorded Vote:�� Candarella voted yes, Corvelli voted yes, Joho voted yes, Klinder voted yes, Leary voted yes, Pugliese voted yes.

Mayor Fiamingo reminded everyone the hearing on the budget will be on April 27, 2011.

Council Meeting � March 23, 2011�� Page 5

RESOLUTION NO. 3

Introduced by Scott Klinder, adoption moved by same

Seconded by Sal Candarella

WHEREAS, the BOROUGH OF KENILWORTH and THE TOWNSHIP OF SPRINGFIELD desire to enter into an INTERLOCAL SERVICES AGREEMENT to jointly engage an Construction Code Official/Building Inspector to render services for them; and

WHEREAS, the Agreement for this Interlocal Services Agreement for a four (4) year period is attached.

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Kenilworth that the Mayor and Borough Clerk be authorized to sign said Interlocal Services Agreement subject to approval by the Governing Body of the Township of Springfield.

I hereby certify the foregoing to be an original resolution adopted by the Borough Council of the Borough of Kenilworth at a meeting held on March 23, 2011.

�� _______________________

�� Hedy Lipke, Borough Clerk

ROLL CALL:�� Candarella voted yes, Corvelli voted yes, Councilman Joho voted yes, Councilman Klinder voted yes, Councilman Leary voted yes, Councilman Pugliese voted no.

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

CONSENT AGENDA

Resolutions No. 4 thru 11 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 Candarella moved that all items under Consent Agenda be approved, seconded by Councilman Klinder . Upon roll call the vote was unanimous.

RESOLUTION NO. 4

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

RESOLUTION NO. 5

��

�� RESOLUTION OF THE BOROUGH OF KENILWORTH

�� AUTHORIZING INCREASE IN DEFERRED SCHOOL TAXES

�� FOR LOCAL SCHOOL AND REGIONAL HIGH SCHOOL TAXES

WHEREAS, the Division of Local Government Services requires that the Governing Body of any municipality which has Deferred School Taxes must authorize any increase in the deferral of any additional amounts, and

Council Meeting � March 23, 2011�� Page 6

WHEREAS, the Governing Body has decided that an increase in Deferred School Taxes is in the best interest of the Borough of Kenilworth at this time,

NOW, THEREFORE, BE IT RESOLVED by the Governing Body that the following Deferred School Taxes be hereby increased for the year ended December 31, 2010 as follows:

�� Deferred

�� Local

�� School Taxes�

Amount Deferred 12/31/2010�� $8,449,169.50

Amount Deferred 12/31/2009�� 7,901,843.00

�� $547,326.50

BE IT FURTHER RESOLVED by the Governing Body that a certified copy of this resolution be filed with the Director of the Division of Local Government Services.

Adopted this 23rd day of March, 2011, and certified as a true copy of an original.

�� ______________________________��

�� Clerk

RESOLUTION NO. 6

WHEREAS, Joseph Robert Liewinko has been involved in Scouting for ten years; and

WHEREAS, Joseph Liewinko is in Boy Scout Troop 83 in Kenilworth; and

WHEREAS Joseph Licwinko has achieved the rank of Eagle Scout which is the highest rank in Scouting; and

WHEREAS,� Joseph Licwinko completed all 21 required Merit Badges and a community service project which involved extensive renovations to the exterior and interior of the Kenilworth Emergency Management Building; and

WHEREAS, Joseph Licwinko is the seventh Scout in Troop #83 to achieve Eagle Rank; and

WHEREAS, Joseph Licwinko is also involved in numerous areas outside of Scouting; and

WHEREAS, Joseph Liewinko will be presented his Eagle Award at a Court of Honor on April 3, 2011.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Kenilworth congratulate Joseph Licwinko upon attaining the Eagle Scout Rank and also commend his involvement and commitment to the other activities in which he is involved.

Council Meeting � March 23, 2011�� Page 7

RESOLUTION NO. 7

BE IT HEREBY RESOLVED:� That Walter Gallagher and Gordon Fletcher be employed as Part Time Senior Citizen Handymen effective 3/14/11 at a rate of $17.50 per hour for the Community Development Senior Citizen Handyman Program.

Certification of Funds

Date: _______________________

Appropriation: ________________

____________________________

Treasurer

RESOLUTION NO. 8

WHEREAS, sealed bids were received on March 10, 2011 for �CDBG YEAR 36 A.D.A. RAMP & CURB IMPROVEMENTS� and Buckler Associates, 182 Wyckoff� Way, East Brunswick, NJ having submitted the lowest responsible bid as follows:

�� $13,802.00

NOW, THEREFORE, BE IT RESOLVED that Buckler Associates, be awarded the bid for �CDBG Year 36 A.D.A. Ramp & Curb Improvements.

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 Chief Finance Officer of the Borough of Kenilworth.

Certification of Funds

Date______________________

Appropriation

__________________________

Treasurer

RESOLUTION NO. 9

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

��

#10140� Michael C. Denora Foundation for an Off-Premise 50/50 Raffle on October 15, 2011 at 33 South 21^st Street, Kenilworth, NJ.

RESOLUTION NO. 10

WHEREAS, Elite Social Club paid for police outside duty and fees were received by the Kenilworth Police Department, and

WHEREAS, it has been determined that all dates were not covered by police officers and a refund is due,

Council Meeting � March 23, 2011�� Page 8

NOW, THEREFORE BE IT RESOLVED that the Treasurer be and is hereby authorized to issue a warrant to refund the following amount to:

Amount of $225.00 refunded to Elite Social Club

Elite Social Club

1429 Division Avenue

Piscataway, NJ 08854

1-01-25-745-015 - $200.00

1-01-08-175-001 - $25.00 (revenue account)

RESOLUTION NO. 11

BE IT HEREBY RESOLVED:� That the appointment of LT. WILLIAM HANNON as Garden State Municipal Joint Insurance Fund Alternate Commissioner for the Year 2011 be and the same is hereby confirmed.

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

MEETING OPEN TO THE PUBLIC

No one wished to speak.

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

GENERAL BUSINESS

Councilman Pugliese reminded everyone the Little League Parade is April 9^th and will be running along the Boulevard and down 14^th Street.

Mayor Fiamingo said it starts out at St. Theresa�s parking lot at 12:00 noon and ends up at the Little League about 1:00.

Mayor Fiamingo thanked Lt. Hannon for volunteering to be the alternate for the Municipal Joint Insurance Fund.�

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.

8:25 P.M.�� Respectfully submitted,

��

�� Hedy Lipke, Borough Clerk��

ADS - Applied Dynamic Solutions, LLC

email webmaster