REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH� HELD ON WEDNESDAY EVENING, JULY 12, 2006.� MAYOR DAVID PRESIDED.

ROLL CALL

Roll Call at 8:00 P.M. showed the following Council Members present:�� Carmela Colosimo, Lawrence Clementi, Anthony DeLuca, Fred Soos and Robert Taylor. Peter Corvelli was absent.

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

The Salute to the Flag was led by Mayor David.

MINUTES

It was moved by Councilman Soos, seconded by Councilman Taylor and carried that the Work Session Meeting of� June 27, 2006 and the Regular Meeting of June 28, 2006 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS

1.                  Notice of� Claim received on 7/5/06 from Marissa D. Coro alleging injuries suffered as a result of a fall on the sidewalk at North 21^st Street in front of Umberto�s.

2.                  Certificate of Appreciation from Daisy Troop 437 thanking the Governing Body for the use of the Senior Citizen Building for their ceremony.

3.                  Notice of Public Hearing on Elizabethtown Gas Company�s petition to revise its �Basic Gas Supply Service Periodic Rate & its Seasonal Delivery Service Charge.� Hearing on July 28, 2006 at 1:00 P.M. at Rahway Court Chambers.

4.                  Notice of Public Hearing on Water Company�s petition for Increased Tariff Rates & Charges for Water & Sewer Service.� Hearing on July 19, 2006 at 1:00 P.M. at Westfield Council Chambers.

Reports:

1.                  Police Department Report for the month of June, 2006

2.                  Construction Department Report for the month of June, 2006.

3.                  Borough Clerk�s Report for the month of June, 23, 2006.

It was moved by Councilman Anthony DeLuca, seconded by Councilman Clementi and carried, that the above communications be received and filed and any money amounts indicated be spread over the minutes.

MAYOR�S REPORT

Mayor David reported that the Borough has not yet adopted it�s budget and is waiting for notification from the State as to what aid the Borough will be receiving. After receiving notice from the State, the Borough will adopt our budget as soon as possible.�

Mayor David reported that there will be a 1% increase in the sales tax, effective July 15, 2006.

Mayor David also reported that Extraordinary Aid which was slated to be cut by 13 million dollars,� will instead, be funded at 43 million dollars. The Borough has applied for Extraordinary Aid in the amount of� $500,000.00 and� is waiting to see how much, if any, they are going to receive. There is also a Regional Efficiency Aid Program which was slated for zero funding and will now have 11 million dollars in funding.� Finally,� special municipal aid which was slated for level funding will increase by over 96 million to 174 million dollars.�

DEPARTMENT OF FINANCE

Councilman Clementi reported the Borough is waiting for� Extraordinary Aid and hopefully� will� hear from the State within a week.

DEPARTMENT OF PUBLIC WORKS

Councilman DeLuca reported� the DPW started stripping the cross walks. Councilman Deluca read a letter from Mr. & Mrs.� Jones commending Derek De Furia� and the DPW for their help in cleaning up trees from a July 2, 2006 storm.� Mayor David asked Councilman Deluca for an update on DiMario Park. Councilman DeLuca advised that the DPW is waiting for the weather to improve to start painting.�

DEPARTMENT OF PUBLIC SAFETY

Councilwomen Colosimo reported that the Council is interviewing candidates� for the police officer position that was vacated by Officer Lamont. The interview is a closed session.

DEPARTMENT OF PLANNING, ZONING AND ORDINANCES

Councilman Soos reported� there is a pre-construction meeting on July 24, 2006 for the North 17^th Street project and also for the DiMario Park project. Tomaro Contracting has reported the North 17^th Street project will be completed before school opens in September.� The DiMario Park� project will be started as soon as possible.� The materials have been ordered for the Lafayette Pump Station and construction will start in October and should be completed by Thanksgiving.� Councilman Soos reported the Borough will be getting the permit for the Stafford property� within the next 2 weeks. The engineers are designing the elevator project at the Library.� The Borough has approximately $100,000.00 in grants for the Library project. Once the budget is approved� the Capital Improvement Projects will start with approximately $60,000.00 worth of curb improvements on the Boulevard.� The Borough will start to work on some of the sewers that need to be improved.� The PZO has a meeting tomorrow night with the attorney to start working on the apartment Ordinance.

DEPARTMENT OF FIRE, RECREATION, LIGHTING AND ECOLOGY

Councilman Corvelli was absent. Councilwomen Colosimo reported that the Summer Parks Program is off to a successful start.

DEPARTMENT OF HEALTH, EDUCATION AND WELFARE

Councilman Taylor had nothing to report as the Library Board and the Board of Health Board are on vacation.� The Library Board would like to have a special meeting with the Council and the Facilities Committee.

BILLS

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

CONSENT AGENDA

Resolutions No. 1 thru 6 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.

Council Member Colosimo moved that all items under Consent Agenda be approved, seconded by Council Member Clementi.� 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 Municipal Finance Officer be authorized to pay necessary bills prior to the next regularly scheduled Council Meeting on August 23, 2006.

RESOLUTION NO. 3

Be It Hereby Resolved:� That� DEBRA WEISS be appointed as a full-time Deputy Court Clerk at an annual salary of $40,000.00, without health benefits, retroactive as of June 5, 2006.

RESOLUTION NO. 4

Be It Hereby Resolved:� That the following is a revision of Resolution #11, dated June 14, 2006 naming Summer Playground workers.

����������� 1.�� Correction=Kevin Bergaman should be Kevin Rodriguez.

����������� 2.�� Replacing Sandra Buabeng with Matt Silva as of July 3, 2006.

RESOLUTION NO. 5

RESOLUTION NO. 6���������

Be It Hereby Resolved:�� That the contract with S.B.P. Industries, P.O. Box 1829, Rahway, NJ, for EMERGENCY GENERATOR SERVICE AT THE MUNICIPAL BUILDING be renewed for a one year period from August 1, 2006 to July 31, 2007, at a total cost of $764.03.

RESOLUTION NO. 7

Introduced by Anthony DeLuca who also moved its adoption

Be It Hereby Resolved:�

RENEWAL OF LIQUOR LICENSE OF ROSS BROTHERS II, LLC, LICENSE NO. 2008-33-003-007 For 2006-2007 TERM PURSUANT TO SPECIAL RULING

WHEREAS, the Division of Alcoholic Beverage Control received a Petition for a Special Ruling to Permit Renewal of an Inactive License from Ross Brothers II, LLC, License No. 2008-33-003-007; and

WHEREAS, the Division of Alcoholic Beverage Control has reviewed and granted a Special Ruling for liquor license term 2006-2007 to Ross Brothers II, LLC; and

WHEREAS, Ross Brothers II, LLC had filed a renewal application amd paid all necessary fees for renewal of its liquor license for the term 2006-2007.

NOW, THEREFORE, BE IT RESOLVED ����������� that the Governing Body of the Borough of Kenilworth hereby approve the renewal of the Plenary Retail Consumption License of Ross Brothers II, LLC, License No. 2008-33-003-007 for the 2006-2007 term due to the granting of a Special Ruling.

Seconded by Carmela Colosimo

Four in favor. Councilman Taylor abstained

ORDINANCES AND RESOLUTIONS

Proposed Ordinance No. 2006-12 was read for the second and final reading as follows: (Copy appears in the minutes of June 14, 2006)

����������������������� ����������������������� ����������� ORDINANCE NO. 2006-12

AN ORDINANCE AMENDING CHAPTER 197 OF THE BOROUGH CODE SO AS TO ELIMINATE DUPLEX HOUSING UNITS AS A PERMITTED USE IN ALL ZONES OF THE BOROUGH.

Mayor David stated this Ordinance prohibits duplexes in the Borough of Kenilworth.� The Ordinance was approved and endorsed by the Planning Board as well as the Governing Body.� Mayor David stated that since this is a second and final reading he opened the meeting to the public.� No one desiring to be heard, the meeting was closed to the public.�

RESOLUTION NO. 8

Introduced by Frederick Soos also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2006-12, be and the same is hereby passed on second and final reading and ordered published according to law.

Seconded by Anthony DeLuca and on roll call, unanimously carried.

GENERAL BUSINESS

Mayor David requested a moment of silence for Frank Dowd.� Frank Dowd� was a retired Police Officer, brother of Chief William Dowd and father of� Sgt. Timothy Dowd. Mayor David reminded the public that tonight is the last official meeting until August 23^rd and he also wished the Council and residents a healthy and happy summer.

Councilman Soos reminded everyone that the Fire Department�s Carnival, which is their annual fundraiser, will be held August 14^th to August 19^th.�

Councilwoman Colosimo wished Dan Ryan, and Barbara Grabowski speedy recoveries.� Councilwoman Colosimo reported she went to Home Depot with Walter Krieck and Jonathan Lipke and purchased trees to be used as a buffer between the DPW Building and a Kenilworth residents home. Councilwomen Colosimo thanked the Ryan & Lipke Famies and Kathi Moschitta for planting flowers in front of Borough Hall.�

Councilman Taylor advised that the reason he abstained from the roll call vote on Resolution No. 7 is a family connection with one of the owners of Ross Brothers.

MEETING OPEN TO THE PUBLIC

Bob Herbert,� 363 Coolidge Drive asked the Council who maintains the walk ways.� He advised that the walk way between Coolidge and Roosevelt is overgrown with branches and debris.�� The Mayor advised Mr. Herbert that the Borough is responsible for the maintenance on the walk ways and he asked Councilman DeLuca to advise the DPW of the situation.�

ADJOURNMENT

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

8:25 P.M.

����������������������� ����������������������� ����������������������� ����������� ����������� Respectfully submitted,

����������������������� ����������������������� ����������������������� ����������� ����������� Hedy Lipke

����������������������� ����������������������� ����������������������� ����������� ����������� Borough Clerk