REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF
KENILWORTH HELD ON WEDNESDAY EVENING, MARCH 12, 2014. 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: Toni Giordano, Brian Joho, Scott Klinder, Barbara Macecsko and Fred Pugliese. Tony DeLuca was absent. MINUTES
It was moved by Councilman Joho, seconded by Councilwoman Giordano and carried that the minutes of the Regular Council Meeting of February 26, 2014, and the Work Session minutes of February 25, 2014 be dispensed with and approved as submitted. (Copies furnished each Council Member prior to the meeting.)
COMMUNICATIONS AND PETITIONS: 1. NJSLOM Notices
2. Kenilworth Little League – Opening Day Ceremony Parade, April 5, 1:00 PM. 3. Resident letter – Roslyn Dreydoppel – Emergency Access Concern.
4. Grotto Engineering:
Zoning Violation – Ordinance 2013-01 Clothing Bins
2013 NJDOT Roadway Improvement Program –Preconstruction Meeting for Lafayette Street
2011 NJDOT & Capital Roadway Improvement – Surface Guaranty for KFD Washington Avenue.
REPORTS
1. Borough Clerk’s Report for the month of February, 2014. 2. Finance Department Report – Year to Date.
3. Construction Department Report for the month of February, 2014
4. Fire Department/Rescue Squad Report for the month of February, 2014. 5. Police Department Report for the month of February, 2014.
It was moved by Councilwoman Giordano seconded by Councilwoman Macecsko and carried that the above communications be received and filed and any money amounts indicated be spread over the minutes.
Council Meeting – March 12, 2014 Page 2
REPORT OF COMMITTEES MAYORS REPORT
Mayor Fiamingo said the Little League Parade will be on Saturday, April 5th at 1:00, it will start at St. Theresa’s go to the Boulevard and then on to the field. Opening day ceremonies will begin at that time.
The Easter Egg Hunt will be held on Saturday, April 12th at 11:00 at Harding School and the rain date will be Sunday, April 13th. The newspaper had the wrong date in the “Message From the Mayor” section. The Mayor asked everyone to please be on time because several minutes after 11:00 AM there are no eggs left. After the hunt there will be some games by the Recreation Department. The Mayor said once again they will be holding the food drive for the spring and she asked that you bring a non-perishable food item. If you are not going to the Hunt and you would like to donate, you can bring your donation to the Clerk’s Office or the Recreation Office. She said the Food Pantry is in need of donations for the spring and for Easter.
Mayor Fiamingo said the Union County Prosecutors Office will have a program at Trinitas Hospital on Friday, April 4, 2014 from 9:00 AM to 12:00 noon regarding drugs in the Suburbs. She said registration begins at 8:00, there is a breakfast and the program will begin at 9:00 AM. The Mayor said she will put the information on the web site and also the information will be at the Clerk’s Office. Mayor Fiamingo said it was a very well done seminar and parents should try and go to this meeting and learn a few things that they would be surprised to hear about. The One Seat ride to New York is up and running in Plainfield, Fanwood, Westfield, Garwood, Cranford, Roselle Park and Union. You will no longer have to change to a different train in Newark, you get on the train and go all the way to New York City which will be beneficial to a lot of people that commute into the city.
The Mayor said Robbie Herbert, Bob Herbert’s son, is going to get his Eagle Scout award on March 23, 2014. She said that it is a very momentous occasion for any scout to achieve the Eagle Scout Award. She is very proud of Robbie and wished him well on his achievement. The Mayor, and hopefully the rest of the Council will be attending the ceremony to show support and she also has a Proclamation for Robbie.
DEPARTMENT OF FINANCE
Councilman Joho reported the 2014 Municipal Budget will be introduced at the next Council Meeting on March 26, 2014 and the public hearing will be on April 23, 2014.
Council Meeting – March 12, 2014 Page 3
DEPARTMENT OF PUBLIC WORKS Councilman DeLuca was absent. DEPARTMENT OF PUBLIC SAFETY
Councilman Pugliese reported the railroad tracks that go across Michigan Avenue, will be removed by the State DOT this summer. The DOT also put bids out for removal of the tracks in other areas and there is a possibility that the tracks near the A & P might be removed.
Councilman Pugliese read a citation from the Union County Prosecutors Office regarding the excellence performed by Officer Edward Paster and Lieutenant Daniel Sims. They participated with the Union County Emergency Response Team Swat Team and he read the following: “The Prosecutor at Union County takes pleasure in presenting the Award of Excellence on the 20th Day of December, 2013 to the Union County Emergency Response Team Swat for outstanding achievement and the superior performance of their duties as set forth in the following. On November 22, 2013 representatives from the U-Cert and Swat were summoned to aid the Borough of Fanwood in connection with a barricade situation. During tense and arduous negotiations with a heavily armed combatant who also fired upon the responding officers, this team, over the course of nearly eight hours, repeatedly distinguished themselves by their tenacity, composure and courage. Their exceptional professionalism and actions led to a successful resolution without injury and for this the Prosecutor Grace Park commended officers Edward Pastor and Lieutenant Daniel Sims."
DEPARTMENT OF PLANNING, ZONING & ORDINANCES
Councilwoman Giordano reported that it has been a pretty quiet couple of weeks and everything is running very smoothly with all three departments. She said the only small issues is that clothing bins seem to mysteriously materialize in some parking lots but we have quickly been removing them according to our Ordinance, she said as fast as they come in, they go out.
DEPARTMENT OF RECREATION AND FIRE
Councilwoman Macecsko reported the Fire Department responded to 62 calls and 2 mutual aid calls. There was a fire today at the Cryo Factory and there were two injuries, one was a worker in the factory and one was a firefighter from Union. There are no reports from the Recreation Department but you can follow their web site to see everything that is going on.
DEPARTMENT OF HEALTH, EDUCATION & WELFARE
Councilman Klinder reported the Rabies Clinic is on Sunday, March 23, 2014 from 11:00 am to 1:00 PM at the Kenilworth Fire House. Cats should be in a carrier.
Council Meeting – March 12, 2014 Page 4
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.
Councilwoman Macecsko moved that all items under the 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
IT IS AGREED That in accordance with ARTICLE VI, Section 3 of the Contract between Delta Dental of New Jersey, Inc. and the above group, said Contract is hereby amended effective February 1, 2014 with the changes indicated below:
ARTICLE III, Section 8 is amended to read:
Subscription charges under this contract shall be as follows:
COVERAGE MONTHLY CHARGES
One Party $44.60
Family $114.30
The above rate(s) is/are guaranteed from February 1, 2014 to January 31, 2015. ARTICLE I, Section 3 is amended in part to read:
3. The “Anniversary Date” of this Contract is February 1, 2015 and the first day of February of each subsequent year for as long as this Contract shall remain in full force.
Except as herein amended, all terms and provisions of the Contract shall remain in full force.
BOROUGH OF KENILWORTH DELTA DENTAL OF NEW JERSEY, INC. __________________________ _____ __________________________________
Denis G. Wilson President
Council Meeting – March 12, 2014 Page 5
RESOLUTION NO. 3
WHEREAS, it has been determined that the real estate assessment for the year 2011 has been overassessed on 800 Hoiles Drive, Kenilworth, NJ, due to a State Tax Court Judgment, and; WHEREAS, this resulted in the overpayment of taxes for the calendar year 2011 in the amount of $11,156.18, and;
WHEREAS, Blau & Blau, Attorney representing the owner has requested that the overpayment 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
180 4 Blau & Blau Attorney for Schweizer, Eberhard $ 11,156.18 223 Mountain Avenue
P.O. Box 50
Springfield, NJ 07081
TOTAL $ 11,156.18 RESOLUTION NO. 4
WHEREAS, it has been determined that the real estate assessments for the year 2010 and 2011 have been over assessed on 500 South 31st Street, Kenilworth, NJ, due to a State Tax Court Judgment, and; WHEREAS, this resulted in the overpayment of taxes for the calendar year 2010 and 2011 in the amounts of $4,811.76 and $4,886.79 respectfully, and;
WHEREAS, Blau & Blau, Attorney representing the owner has requested that the overpayment 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
180 17 Blau & Blau Attorney for Schweizer, Eberhard $ 9,698.55 223 Mountain Avenue
P.O. Box 50
Springfield, NJ 07081
Council Meeting – March 12, 2014 Page 6
RESOLUTION NO. 5
WHEREAS, Corelogic Tax Services paid the property taxes for the 1st quarter of 2014 for the property located at 583 Richfield Avenue, Kenilworth, NJ, and;
WHEREAS, this resulted in the overpayment of taxes for the 1st quarter of 2014 in the amount of $1,638.82, and;
WHEREAS, Corelogic Tax Services has requested that the overpayment 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 147 7 Corelogic Tax Services $ 1,638.82
Tax Refunds 1 Corelogic Drive Westlake, TX 76262
TOTAL $ 1,638.82 RESOLUTON NO. 6
WHEREAS, Corelogic Tax Services paid the property taxes for the 1st quarter of 2014 for the property located at 507 Quinton Avenue, Kenilworth, NJ, and;
WHEREAS, this resulted in the overpayment of taxes for the 1st quarter of 2014 in the amount of $1,857.97, and;
WHEREAS, Corelogic Tax Services has requested that the overpayment 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 143 2 Corelogic Tax Services $ 1,857.97
Tax Refunds 1 Corelogic Drive Westlake, TX 76262
Council Meeting – March 12, 2014 Page 7
RESOLUTION NO. 7
WHEREAS, Corelogic Tax Services paid the property taxes for the 1st quarter of 2014 for the property located at 66 Pembrook Drive, Kenilworth, NJ, and;
WHEREAS, this resulted in the overpayment of taxes for the 1st quarter of 2014 in the amount of $1,724.32, and;
WHEREAS, Corelogic Tax Services has requested that the overpayment be refunded to the Homeowner.
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
63 15 Mary Santorella $ 1,724.32
66 Pembrook Drive Kenilworth, NJ 07032
TOTAL $ 1,724.32 RESOLUTION NO. 8
WHEREAS, proposals have been received for payroll services for the Borough of Kenilworth, and;
WHEREAS, Casa Payroll Services has submitted the best proposal for administering these services, and;
WHEREAS, the Mayor and Council of the Borough of Kenilworth desire to implement the change in payroll companies effective April 5, 2014 for the week ending date of April 11, 2014. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of
Kenilworth that it does hereby award a one year contract to Casa Payroll Services for payroll services for a one year term effective April 5, 2014.
Council Meeting – March 12, 2014 Page 8 RESOLUTION NO. 9
Whereas, the Borough of Kenilworth held a tax sale on June 27, 2012 for delinquent 2011 property taxes, and a tax lien was purchased by FNA Jersey Lien Services, LLC, on property located at 111 South Michigan Avenue, Kenilworth, NJ, and
Whereas, the mortgage company of said property has satisfied said lien, together with interest and costs by payment of amount due at the Office of the Collector of Taxes, and
Whereas, the Lienholder paid to the Collector of Taxes a premium in the amount of $5,500.00 and since the statutory period of five years has not passed, these funds must also be returned. Now therefore be it resolved, that the Treasurer be and is hereby authorized to draw a warrant to FNA Jersey Lien Services, LLC, as follows, to be refunded upon receipt of the original Certificate of Sale #12-00005 by the Collector of Taxes:
FNA Jersey Lien Services, LLC 575 Route 70, 2nd Floor
P.O. Box 1030 Brick, NJ 08723
REDEMPTION AMOUNT $ 20,155.24
PREMIUM TRUST ACCOUNT $5,500.00
Proposed Ordinance No. 2014-02 was read for second reading as follows: (Copy
appears in Minutes of January 22, 2014)
ORDINANCE NO. 2014-02___
AN ORDINANCE AMENDING CHAPTER 37-49 OF THE CODE OF THE BOROUGH
OF KENILWORTH
Mayor Fiamingo said this is the second reading for an Ordinance that says in order to get Health Benefits upon retirement, not only do you need 25 years in the PERS system, you also need 15 years of service with the Borough. Prior to this all you needed was 25 years of service in PERS. She said we are trying to make this available only to those who are serving long terms at the Borough. Mayor Fiamingo said if anyone wishes to speak on this ordinance to please step forward, state you name and address for the record.
Motion was made by Councilwoman Giordano, seconded by Councilwoman Macecsko to open the hearing on Ordinance No. 2014-02. All in favor.
Council Meeting – March 12, 2014 Page 9
Motion was made by Councilman Joho, seconded by Councilman Klinder to close the hearing on Ordinance No. 2014-02.
RESOLUTION NO. 10
Introduced by Brian Joho, adoption moved by same.
Seconded by Scott Klinder.
BE IT HEREBY RESOLVED: That Proposed Ordinance 2014-02 be and the same is hereby passed on second and final reading an ordered published according to law. .
Roll Call: Councilwoman Giordano voted yes, Councilman Joho voted yes,
Councilman Klinder voted yes, Councilwoman Macecsko voted yes and Councilman
Pugliese voted yes.
MEETING OPEN TO THE PUBLIC
