Council Minutes from 4/25/2007
 

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, APRIL 25, 2007. MAYOR DAVID PRESIDED.

ROLL CALL

Roll Call at 8:00 P.M. showed the following Council Members present: Peter Corvelli, Anthony DeLuca, Kathi Fiamingo, Robert Taylor and Fred Pugliese. Lawrence Clementi arrived at 8:05.

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 Taylor , seconded by Councilman DeLuca, and carried that the Work Session Meeting of April 10, 2007 and the Regular Meeting of April 11, 2007 be dispensed with and approved as submitted. (Copies furnished each Council Member prior to the meeting.)

BUDGET HEARING

Mayor David asked Councilwoman Fiamingo if she had an opening remark? She responded by saying the 2007 budget is not very pretty or satisfactory to anyone on Council. Many of the increases and significant portions of the increases result from things like the RVSA, pensions, mandatory library contribution increases, salary increases and other mandatory, statutory required increases. It is very difficult because over three quarters of the budget increases are due to things that we have no control over. We are fully committed to cutting whatever we can, even if it is ¼ point.

Bob Swisher, the Borough Auditor stated that the Borough introduced the budget back on March 14, 2007 with an approximate 14 cent tax increase. A good portion of the increases are items that we can do nothing about like the RVSA which is up $183, 000.00 and the pension bill is up $173,000.00. These are bills that come from the State of New Jersey and we have to pay them. The State has a law that states you have to pay a certain portion of your ratables to the Library, which is another tax point of $86,000.00. A lot of these increases are required by law. Another decrease, as of right now, is the loss of the Extraordinary Aid. Last year the Borough received $100,000.00 from Extraordinary Aid. The Borough is not allowed to include Extraordinary Aid in the budget at this time. We hope the Borough will get $100,000.00 or perhaps more this year, depending on how much money is available at the State level. The Borough will not find out how much they are getting from the State until June or July. Last year the final decision on the State budget was not made until July. Until the State budget is adopted, they will not be able to tell us how much aid we are getting, if any. The Council has the right to go through the budget and see where they can make some cuts and to see if there are any other revenues which they can apply for that would help off set the increase.

Mayor David Opened the Meeting to the Public.

Bob Herbert - 363 Coolidge - Mr. Herbert stated that he has heard comments from the Council and Auditor that there is nothing to be done about State tax increases. He stated the

Regular Council Meeting - April 25, 2007 Page 2

Government works for the people and when he hears these statements he finds them offensive. Mr. Herbert stated that our Governor decided to freeze pension assets and put the money in the FCC Fund to develop construction projects so all the union laborers can work. Mr. Herbert stated he is a union laborer himself and that the American people need to wake up and tell our Governor and people in Trenton that they have got to pass laws that when people misuse our money, like they did in the FCC Fund and bankrupt it, they should pay for it or at least give up their pensions so that we do not have to pay twice. Mr. Herbert stated that our children are the ones that are going to end up hurting.

A resident asked what constitutes "Other Expenses".? Mr. Swisher responded there are many items that fall into that category such as forced insurance increases, pensions, RVSA and the Library and anything that is not under salaries and wages. The resident also asked how the outstanding balance for the debt is addressed on the budget? Mr. Swisher responded by stating there is principle and interest being paid down on that debt each year. The Borough had a bond sale during 2006 and so it went up a little bit but as you do your projects and pass Ordinances at some point in time you have to fund those projects up by selling bonds. The number may go up but each year they are paying down principal and interest on the debt. The resident stated that there is no number to compare from last year. Mr. Swisher responded by stating that the form the resident is looking at is a State required form and the Borough has to follow the format. The State compares the budget year to year but they do not compare the debt year to year.

Seeing no one else wishing to speak, Mayor David closed the Budget Hearing.

COMMUNICATIONS AND PETITIONS

1. Notice of Hearing of an application before the Union Township Planning Board for Site Plan and Variance Approvals for property located at 342 Chestnut Street, Union.
2. Letter from Cindy and Talbot Schroeder, 61 Pembrook Drive, regarding a problem with their driveway after the street repair done in 2005.
3. Letter from Verizon concerning the issue of providing a public access channel, currently available to Comcast subscribers, to residents now using Verizon NJ's FiOS TV.
4. Letter from Union County Superintendent of Schools detailing the steps the Governing Body must take regarding the defeated Kenilworth School Budget.

REPORTS

1. Municipal Court Report for the month of March, 2007.

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

MAYORS REPORT

Mayor David received a letter from Comcast dated April 16, 2007 which stated that on April 18, 2007 they are offering a new channel WFNE , which is channel 247. That channel provides Christian music, information and education 24 hours a day.

Regular Council Meeting - April 25, 2007 Page 3

Mayor David also read a letter dated March 28, 2007 from the State of New Jersey, Department of Human Services stating that the New Jersey Division of Disability Services has been awarded a two year grant from the Henry Kessler Foundation. This pilot program, The New Jersey Modular Ramp and Long-Tread, Low-Riser Step Program is currently available to residents of Union and Middlesex Counties, who are disabled and live in houses or apartments that are not accessible. The purpose of this program is to allow persons with disabilities safe egress and ingress to their homes to seek employment, training for employment, education or become active in their communities. A brochure was included.

Along with their partners, New Jersey Institute of Technology, CP of NJ, Edison Job Corps, New Jersey Department of Consumer Affairs and the Division of Disabilities Services they are asking the Boroughs assistance in promoting this exciting pilot program to their staff and constituents. The purpose of the grant is to build and install modular ramps on one and two family residences. The DDS pilot program serves people with disabilities in single family residences or duplexes who have a need for a ramp to get to work or gain employment. The modular ramps are composed of pre constructed pieces that fit together and are secured to the residence itself. Because the ramps are intended to be temporary, there are no footings. These ramps were designed by the State of Minnesota and the program has been used there successfully for over ten years.

Mayor David stated there is already a resident of Kenilworth who has taken advantage of this program and if there is anyone in the audience tonight who knows of anyone who might be interested in this program, you may come to the Borough Clerks Office to review the brochure.

DEPARTMENT OF FINANCE

Councilwoman Fiamingo reported that last night there was a presentation from an engineer regarding the potential for a sewer utility authority. Requests for proposals have gone out and they are due back on Friday. We are going to see if it would be beneficial to our residents to institute a sewer utility. The school budget was defeated and we are starting the process of reviewing the budget. The Borough Auditor has been asked to look at the Board of Education Budget. Councilwoman Fiamingo stated she does not know when she is going to meet with them. Mayor David stated that last night the Governing Body decided they would provide the information to the auditor for review and then discuss the budget at the next Work Session. The Finance Committee will be meeting next week to review personnel policies and propose changes that they think are needed.

DEPARTMENT OF PUBLIC WORKS

Councilman Pugliese reported that between the weeks of April 10, 2007 and April 24, 2007 the men have been working on blacktop, curbside brush removal, cleaning sanitary sewer lines, preparing street and traffic signs, landscaping and overall clean up of the Borough's parks, paths and dead ends. He received a quote to repair two items at the 9th Street Park. There was a problem with the tire swing in that it was non existent and there was also a hole in the tube slide. They received a quote of $1600.00 for the parts and the DPW will make the repairs. The park was open over the past weekend. Mr. Ryan sent a truck to the High School to pick up a large amount of brush that was placed at the curb by the Board of Education, apparently they


Regular Council Meeting - April 25, 2007 Page 4

had removed and cut down a good deal of brush. They loaded up two trucks and they are currently deciding whether or not the school should be charged $500.00 for the tipping fee for
removing the brush. Given the recent events we may look into that a little more. Mr. Dan Ryan completed the 2006 Tonnage Report and the total tonnage was 64,556. There was a meeting that took place recently with Mr. Ryan, Vincent Gonnella and Tony Lapore regarding the amounts of office paper that should be recycled but apparently it is not being recycled. There have been some complaints by the Transfer Station regarding the amounts of paper recyclables that are not being recycled. We explained to the school that they have to do a better job in separating office paper from the general garbage. This is state mandated and we want to cut off the problem before it escalates. We established a line of communication between Mr. Lapore and Mr. Ryan so that we can proceed to the next step which is to ensure that we do not have any problems at the Transfer Station regarding the amount of paper that is not being recycled.

DEPARTMENT OF PUBLIC SAFETY

Councilman Clementi reported that Chief Dowd requested that the entire Police Department march in the Centennial Parade in June. Union County Police and Roselle Park Police will cover the parade. Our Municipal Court is creating a web page for the Kenilworth Web Site, which will be up and running soon. Councilman Clementi stated that tonight he attended the DARE Program Graduation at Harding School for 5th Graders from Harding School and St. Theresa's. This program teaches the children to learn how to just say NO to drugs, alcohol and violence. This is an excellent program that is run by the SRO officer, Jim Grady who does a great job.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman DeLuca reported that 2006 road work is continuing and should be done within the next two weeks and then they will start on the South 21st Street Municipal Parking Lot and the curbs along the Boulevard. The contractor will be at DiMario this week to finalize the grading and re seeding the field. The pump station generator for Lafayette Pump Station is complete.

DEPARTMENT OF RECREATION AND FIRE

Councilman Corvelli reported a scoreboard was donated for DiMario Park and the electrician will be there soon to run a line. Applications for Summer Camp Counselors are being accepted and interviews will be set up. The Recreation Committee has selected dates for Bowling Night, Swim Night and Skate Night. Councilman Corvelli commended and thanked the Volunteer Firefighters who worked over 30 straight hours pumping out basements during the storm last week. He also thanked the police officers.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Taylor reported that he attended the Library Board Meeting and they approved the audit that will be done by Suplee and Clooney in 2007. He attended the Board of Health Meeting and they approved the agreement that they have had for the past ten years with Union Health Department. He also attended a dinner for Sally Scheuerer for her 25 years of service to the Library Board.


Regular Council Meeting - April 25, 2007 Page 5

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.

Councilwoman Fiamingo moved that all items under Consent Agenda be approved, seconded by Councilman DeLuca. Upon roll call the vote was unanimous.


ORDINANCES AND RESOLUTIONS

RESOLUTION NO. 1

Be It Hereby Resolved: That all bills be paid when properly audited and funds are available

RESOLUTION NO. 2


That the Borough Clerk be authorized to issue the following Raffle Licenses:

#895 St. Theresa's Church August 20, 2007 thru August 25th, 2007 for Games of Chance.

RESOLUTION NO. 3

WHEREAS, a fee has been collected for removal of 2 refrigerators and 1 air conditioner in the amount of $75.00 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 $75.00 payable to the order of:

Frank Abrusci
39 North 21st Street
Kenilworth, NJ 07033

RESOLUTION NO. 4

WHEREAS, a fee has been collected for removal of 1 refrigerator in the amount of $25.00 and,

WHEREAS, the permit has been found not to be used.

Regular Council Meeting - April 25, 2007 Page 6

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:

Gladys Caneiro
425 North 15th Street
Kenilworth, NJ 07033


RESOLUTION NO. 5

Whereas, an emergent condition has arisen with respect to adoption of the 2007 Annual
Budget and no adequate provision has been made in the 2007 Temporary Appropriations
for the aforesaid purpose, and the N.J.S. 40A:4-20 provides for the creation of an
emergency temporary appropriation for the purpose above mentioned, and

Whereas, the total emergency resolutions adopted in the year 2007 pursuant to the
provisions of Chapter 96,P.L. 1951 (N.J.S. 40A:4-20) including this resolution total
$1,896,885.00

Now, Therefore, Be It Resolved (not less than two-thirds of all the members thereof
affirmatively concurring) that in accordance with the provisions of N.J.S. 40A:4-20:

1. An emergency temporary appropriation be and the same is hereby made for salaries
& wages and other expenses appropriations in the amount $127,333.00.

2. That said emergency Temporary appropriation be provided for the 2007 budget
under the title of: Various line items.


ACCOUNT # ACCOUNT NAME FROM TO


Salaries & Wages
701 Clerk $ 39,585.00 $ 50,000.00
710 Tax Assessor $ 7,500.00 $ 10,000.00
725 Construction Code Official $ 16,222.00 $ 25,000.00
765 Streets & Roads $ 198,245.00 $ 250,000.00
772 Buildings & Grounds $ 17,000.00 $ 25,000.00
785 Board of Health $ 18,660.00 $ 30,000.00

Other Expenses
705 Financial Administration $ 10,000.00 $ 12,000.00
772 Buildings & Grounds $ 13,781.00 $ 20,000.00
785 Health Dept. $ 5,293.00 $ 10,000.00
796 Celebration of Public Events $ 500.00 $ 1,500.00
833 Municipal Court $ 4,384.00 $ 10,000.00
837 Contribution to SS $ 60,000.00 $ 75,000.00
Regular Council Meeting - April 25, 2007 Page 7

RESOLUTION NO. 6

Be It Hereby Resolved: That American Flag Sign & Banner Company, Union, NJ, be authorized to supply and install the following decorative banners for Borough Hall for the Centennial Celebration:

8 - 3' x 6' Pleated Fans…….$360.00

2 - 20' x 12' Pull Downs……$90.00
Total Cost to be $450.00

GENERAL BUSINESS

Mayor David commended the Fire Department and the Police Department on the fantastic job they did helping the residents during the storm. Many residents had water in their basements and the Fire Department worked around the clock to help bale out water from basements.

Mayor David also reported that he attended the Fire Departments open house this past Sunday. Volunteers were there to show the new ambulance, which was donated by Schering-Plough and residents and businesses in town. They served hot dogs and hamburgers and everyone had a good time.

Councilman Clementi commended the Volunteer Fire Department by saying that he witnessed, first hand, them helping out his elderly neighbor. They did a fantastic job.

MEETING OPENED TO THE PUBLIC

Rudy Cammarota, 1 Red Maple Lane - Mr. Cammarota presented to Mayor and Council a petition signed by 10% of the qualified and registered voters in the last general election. Mr. Cammarota read the following: " Petition to submit to non-binding referendum the tax payer funded construction of a proposed "Public Safety Building" to the registered voters of the Borough of Kenilworth. Whereas on or about May 10, 2006 Mayor Gregg David signed an Interlocal Services Agreement for the financing and construction of a "New Kenilworth Public Safety Building"; and Whereas the vast majority of the residents of the Borough were unaware of the Borough's elected officials intentions to undertake such a project, or to delegate the authority to a governmental agency and/or officials not directly answerable to the residents of the Borough; and Whereas, we the people strongly believe that the procedures, means and methods employed by our Mayor and Council to authorize, fund and construct the proposed new facility should have been subject to the same public scrutiny and input that the annual budget is subject to: Now therefore, we the residents and taxpayers of the Borough of Kenilworth hereby petition our Mayor and Borough Council to submit the question to the voters: "Should the Mayor and Council Proceed with the construction of a new public safety facility under the terms and conditions of the Interlocal services agreement between the Borough of Kenilworth and the Union County Improvement Authority dated May 10, 2006?" Copy of the agreement attached hereto:


Regular Council Meeting - April 25, 2007 Page 8

Mr. Cammarota stated that attached to each page of the petition is a copy of the Interlocal agreement between the Borough and the County. Mr. Cammarota submitted the petition to the clerk.

Councilman Pugliese stated he would like to move that the petition be accepted and to place the question on the ballot as a non binding referendum as presented in the petition.

Mayor David asked the Boro Attorney if that was appropriate at this time? Mr. McCarthy responded that the Clerk first needs to look at the petition. After it is reviewed, there is a referendum process they need to follow that is stated in the statute. The Mayor and Council can put something on by referendum, there is a referendum process and it would be wise to be fully informed as to what that process is before a motion is made.

Councilman Pugliese asked to modify the motion and that a resolution be passed that the petition will be accepted and that, if in fact there are 10% of the registered voter signatures on the petition, that a resolution shall be passed placing the referendum on the ballot for a non binding referendum?

Mr. McCarthy stated the clerk does not have a choice, the gentleman submitted with what purports to be a petition for a referendum and the clerk is required by law to look at it, make a determination under the referendum procedures in Title 48. There is no action that should be taken on this tonight. The Clerk will take the petition, review it, seek legal advice and then she will report back to the Council. The Clerk, not the Council makes the determination that the petition is done in accordance with the statue.

Councilman Pugliese stated that it was his understanding that there has to be a resolution passed by the Governing Body.

Mr. McCarthy responded that ultimately there will be a resolution but first the clerk has to make a determination on what has been submitted to the Borough tonight. The Council should not do anything, in absence of the Clerk's determination, on what has been presented tonight. There is no way she can sit here tonight and look at the petition and say, under the law, that this is something that the Council can act on.

Mr. Cammarota asked if the public can make a recommendation? Mr. McCarthy replied that a recommendation has already been made. Mr. Cammarota asked if a resolution can be passed this evening accepting the petition? Mr. McCarthy stated that a petition has been submitted to the Clerk and the Clerk is required to accept the petition and then she is required to fulfill her statutory obligation by examining the document. She is accepting the petition. Mr. McCarthy asked Mr. Cammarota if he had a copy of the petition and if it was marked in any way. Mr. Cammarota responded that he does have a copy.

Councilman Pugliese commented that it was his understanding that there has to be a resolution before the petition gets presented. Mr. McCarthy stated that is incorrect and that under the law the public has the right to petition its government for a referendum. He stated there is a statutory procedure and the Clerk has to accept the petition and then, depending upon the Clerk's determination, the Council will address it.


Regular Council Meeting - April 25, 2007 Page 9

Mr. Cammarota asked what the Clerk's determination is made on. Mr. McCarthy responded that there is a statutory procedure and he does not have the statue in front of him and he is not prepared to state the statutory requirements for this type of referendum. Mr. Cammarota stated that he has the statutory requirements and it is 10% of the qualified registered voters in the last general election. Mr. McCarthy stated the Clerk checks the names and addresses to make sure it is done in accordance with the statute. Mr. Cammarota thanked Mr. McCarthy for explaining things to him as things have not been explained to him during the past year. Mayor David responded by stating that Mr. Cammarota has not been to the Council meetings over the past year.

Bob Herbert, 363 Coolidge Drive - Mr. Herbert commented that in the last school board election Voting District #5 had voting instructions in three languages other than English. Mr. Herbert questioned whether people who could not read English should be voting if they cannot recognize the candidates names inside the booth. Mr. McCarthy, the Borough Attorney responded by stating that this is a Federal/State issue and Mr. Herbert should take it up with Congress. Mr. Herbert stated that in his opinion the government once again has let the taxpayers down. Mr. Herbert stated that the public safety building needs to be updated with high end technology to keep up with terrorists. He strongly believes that Kenilworth needs an updated public safety building. Mr. Herbert is against passing the project on to the County developing group which complies with the State of New Jersey in Trenton. They messed up the SCC and misused pension money that was supposed to go to people that protect our neighborhoods and communities. The only people that made money was the architects and engineers and then the fund went bankrupt. Mr. Herbert stated that he is not accusing the Union County people of the same thing but the State's track record is not very good. Mr. Herbert stated that if the town puts their differences aside they can put up a public safety building.

Frank Locorriera 515 Springfield Road - Mr. Locorriera asked if there was still a Beautification Committee?. Mayor David responded that the Beautification Committee has been combined with the Pride in Kenilworth Committee and there is a meeting this Friday at 7:00 at Borough Hall and Carmela Colosimo is heading the committee. Mr. Locorriera stated that 20th Street specifically the back of Associated and the whole general area is very dirty. Mr. Locorriera asked if there was an Ordinance or can anything be done for the general clean up the street. Mayor David stated there is a property maintenance ordinance and he asked Councilman DeLuca to contact the zoning enforcement and to look into cleaning up 20th Street. Mr. Locorriera stated there is graffiti on several buildings at the end of Michigan Avenue and asked if someone from the DPW could take the graffiti off some buildings that are at the end of Michigan Avenue. Councilman DeLuca stated that there might not be anything that can be done if it is on private property. Mayor David stated he will try to rectify the problem.

Regular Council Meeting - April 25, 2007 Page 10

ADJOURNMENT

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


8:55 P.M. Respectfully submitted,

Hedy Lipke, Borough Clerk

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, APRIL 25, 2007. MAYOR DAVID PRESIDED.

ROLL CALL

Roll Call at 8:00 P.M. showed the following Council Members present: Peter Corvelli, Anthony DeLuca, Kathi Fiamingo, Robert Taylor and Fred Pugliese. Lawrence Clementi arrived at 8:05.

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 Taylor , seconded by Councilman DeLuca, and carried that the Work Session Meeting of April 10, 2007 and the Regular Meeting of April 11, 2007 be dispensed with and approved as submitted. (Copies furnished each Council Member prior to the meeting.)

BUDGET HEARING

Mayor David asked Councilwoman Fiamingo if she had an opening remark? She responded by saying the 2007 budget is not very pretty or satisfactory to anyone on Council. Many of the increases and significant portions of the increases result from things like the RVSA, pensions, mandatory library contribution increases, salary increases and other mandatory, statutory required increases. It is very difficult because over three quarters of the budget increases are due to things that we have no control over. We are fully committed to cutting whatever we can, even if it is ¼ point.

Bob Swisher, the Borough Auditor stated that the Borough introduced the budget back on March 14, 2007 with an approximate 14 cent tax increase. A good portion of the increases are items that we can do nothing about like the RVSA which is up $183, 000.00 and the pension bill is up $173,000.00. These are bills that come from the State of New Jersey and we have to pay them. The State has a law that states you have to pay a certain portion of your ratables to the Library, which is another tax point of $86,000.00. A lot of these increases are required by law. Another decrease, as of right now, is the loss of the Extraordinary Aid. Last year the Borough received $100,000.00 from Extraordinary Aid. The Borough is not allowed to include Extraordinary Aid in the budget at this time. We hope the Borough will get $100,000.00 or perhaps more this year, depending on how much money is available at the State level. The Borough will not find out how much they are getting from the State until June or July. Last year the final decision on the State budget was not made until July. Until the State budget is adopted, they will not be able to tell us how much aid we are getting, if any. The Council has the right to go through the budget and see where they can make some cuts and to see if there are any other revenues which they can apply for that would help off set the increase.

Mayor David Opened the Meeting to the Public.

Bob Herbert - 363 Coolidge - Mr. Herbert stated that he has heard comments from the Council and Auditor that there is nothing to be done about State tax increases. He stated the

Regular Council Meeting - April 25, 2007 Page 2

Government works for the people and when he hears these statements he finds them offensive. Mr. Herbert stated that our Governor decided to freeze pension assets and put the money in the FCC Fund to develop construction projects so all the union laborers can work. Mr. Herbert stated he is a union laborer himself and that the American people need to wake up and tell our Governor and people in Trenton that they have got to pass laws that when people misuse our money, like they did in the FCC Fund and bankrupt it, they should pay for it or at least give up their pensions so that we do not have to pay twice. Mr. Herbert stated that our children are the ones that are going to end up hurting.

A resident asked what constitutes "Other Expenses".? Mr. Swisher responded there are many items that fall into that category such as forced insurance increases, pensions, RVSA and the Library and anything that is not under salaries and wages. The resident also asked how the outstanding balance for the debt is addressed on the budget? Mr. Swisher responded by stating there is principle and interest being paid down on that debt each year. The Borough had a bond sale during 2006 and so it went up a little bit but as you do your projects and pass Ordinances at some point in time you have to fund those projects up by selling bonds. The number may go up but each year they are paying down principal and interest on the debt. The resident stated that there is no number to compare from last year. Mr. Swisher responded by stating that the form the resident is looking at is a State required form and the Borough has to follow the format. The State compares the budget year to year but they do not compare the debt year to year.

Seeing no one else wishing to speak, Mayor David closed the Budget Hearing.

COMMUNICATIONS AND PETITIONS

1. Notice of Hearing of an application before the Union Township Planning Board for Site Plan and Variance Approvals for property located at 342 Chestnut Street, Union.
2. Letter from Cindy and Talbot Schroeder, 61 Pembrook Drive, regarding a problem with their driveway after the street repair done in 2005.
3. Letter from Verizon concerning the issue of providing a public access channel, currently available to Comcast subscribers, to residents now using Verizon NJ's FiOS TV.
4. Letter from Union County Superintendent of Schools detailing the steps the Governing Body must take regarding the defeated Kenilworth School Budget.

REPORTS

1. Municipal Court Report for the month of March, 2007.

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

MAYORS REPORT

Mayor David received a letter from Comcast dated April 16, 2007 which stated that on April 18, 2007 they are offering a new channel WFNE , which is channel 247. That channel provides Christian music, information and education 24 hours a day.

Regular Council Meeting - April 25, 2007 Page 3

Mayor David also read a letter dated March 28, 2007 from the State of New Jersey, Department of Human Services stating that the New Jersey Division of Disability Services has been awarded a two year grant from the Henry Kessler Foundation. This pilot program, The New Jersey Modular Ramp and Long-Tread, Low-Riser Step Program is currently available to residents of Union and Middlesex Counties, who are disabled and live in houses or apartments that are not accessible. The purpose of this program is to allow persons with disabilities safe egress and ingress to their homes to seek employment, training for employment, education or become active in their communities. A brochure was included.

Along with their partners, New Jersey Institute of Technology, CP of NJ, Edison Job Corps, New Jersey Department of Consumer Affairs and the Division of Disabilities Services they are asking the Boroughs assistance in promoting this exciting pilot program to their staff and constituents. The purpose of the grant is to build and install modular ramps on one and two family residences. The DDS pilot program serves people with disabilities in single family residences or duplexes who have a need for a ramp to get to work or gain employment. The modular ramps are composed of pre constructed pieces that fit together and are secured to the residence itself. Because the ramps are intended to be temporary, there are no footings. These ramps were designed by the State of Minnesota and the program has been used there successfully for over ten years.

Mayor David stated there is already a resident of Kenilworth who has taken advantage of this program and if there is anyone in the audience tonight who knows of anyone who might be interested in this program, you may come to the Borough Clerks Office to review the brochure.

DEPARTMENT OF FINANCE

Councilwoman Fiamingo reported that last night there was a presentation from an engineer regarding the potential for a sewer utility authority. Requests for proposals have gone out and they are due back on Friday. We are going to see if it would be beneficial to our residents to institute a sewer utility. The school budget was defeated and we are starting the process of reviewing the budget. The Borough Auditor has been asked to look at the Board of Education Budget. Councilwoman Fiamingo stated she does not know when she is going to meet with them. Mayor David stated that last night the Governing Body decided they would provide the information to the auditor for review and then discuss the budget at the next Work Session. The Finance Committee will be meeting next week to review personnel policies and propose changes that they think are needed.

DEPARTMENT OF PUBLIC WORKS

Councilman Pugliese reported that between the weeks of April 10, 2007 and April 24, 2007 the men have been working on blacktop, curbside brush removal, cleaning sanitary sewer lines, preparing street and traffic signs, landscaping and overall clean up of the Borough's parks, paths and dead ends. He received a quote to repair two items at the 9th Street Park. There was a problem with the tire swing in that it was non existent and there was also a hole in the tube slide. They received a quote of $1600.00 for the parts and the DPW will make the repairs. The park was open over the past weekend. Mr. Ryan sent a truck to the High School to pick up a large amount of brush that was placed at the curb by the Board of Education, apparently they


Regular Council Meeting - April 25, 2007 Page 4

had removed and cut down a good deal of brush. They loaded up two trucks and they are currently deciding whether or not the school should be charged $500.00 for the tipping fee for
removing the brush. Given the recent events we may look into that a little more. Mr. Dan Ryan completed the 2006 Tonnage Report and the total tonnage was 64,556. There was a meeting that took place recently with Mr. Ryan, Vincent Gonnella and Tony Lapore regarding the amounts of office paper that should be recycled but apparently it is not being recycled. There have been some complaints by the Transfer Station regarding the amounts of paper recyclables that are not being recycled. We explained to the school that they have to do a better job in separating office paper from the general garbage. This is state mandated and we want to cut off the problem before it escalates. We established a line of communication between Mr. Lapore and Mr. Ryan so that we can proceed to the next step which is to ensure that we do not have any problems at the Transfer Station regarding the amount of paper that is not being recycled.

DEPARTMENT OF PUBLIC SAFETY

Councilman Clementi reported that Chief Dowd requested that the entire Police Department march in the Centennial Parade in June. Union County Police and Roselle Park Police will cover the parade. Our Municipal Court is creating a web page for the Kenilworth Web Site, which will be up and running soon. Councilman Clementi stated that tonight he attended the DARE Program Graduation at Harding School for 5th Graders from Harding School and St. Theresa's. This program teaches the children to learn how to just say NO to drugs, alcohol and violence. This is an excellent program that is run by the SRO officer, Jim Grady who does a great job.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman DeLuca reported that 2006 road work is continuing and should be done within the next two weeks and then they will start on the South 21st Street Municipal Parking Lot and the curbs along the Boulevard. The contractor will be at DiMario this week to finalize the grading and re seeding the field. The pump station generator for Lafayette Pump Station is complete.

DEPARTMENT OF RECREATION AND FIRE

Councilman Corvelli reported a scoreboard was donated for DiMario Park and the electrician will be there soon to run a line. Applications for Summer Camp Counselors are being accepted and interviews will be set up. The Recreation Committee has selected dates for Bowling Night, Swim Night and Skate Night. Councilman Corvelli commended and thanked the Volunteer Firefighters who worked over 30 straight hours pumping out basements during the storm last week. He also thanked the police officers.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Taylor reported that he attended the Library Board Meeting and they approved the audit that will be done by Suplee and Clooney in 2007. He attended the Board of Health Meeting and they approved the agreement that they have had for the past ten years with Union Health Department. He also attended a dinner for Sally Scheuerer for her 25 years of service to the Library Board.


Regular Council Meeting - April 25, 2007 Page 5

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.

Councilwoman Fiamingo moved that all items under Consent Agenda be approved, seconded by Councilman DeLuca. Upon roll call the vote was unanimous.


ORDINANCES AND RESOLUTIONS

RESOLUTION NO. 1

Be It Hereby Resolved: That all bills be paid when properly audited and funds are available

RESOLUTION NO. 2


That the Borough Clerk be authorized to issue the following Raffle Licenses:

#895 St. Theresa's Church August 20, 2007 thru August 25th, 2007 for Games of Chance.

RESOLUTION NO. 3

WHEREAS, a fee has been collected for removal of 2 refrigerators and 1 air conditioner in the amount of $75.00 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 $75.00 payable to the order of:

Frank Abrusci
39 North 21st Street
Kenilworth, NJ 07033

RESOLUTION NO. 4

WHEREAS, a fee has been collected for removal of 1 refrigerator in the amount of $25.00 and,

WHEREAS, the permit has been found not to be used.

Regular Council Meeting - April 25, 2007 Page 6

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:

Gladys Caneiro
425 North 15th Street
Kenilworth, NJ 07033
RESOLUTION NO. 5

Whereas, an emergent condition has arisen with respect to adoption of the 2007 Annual
Budget and no adequate provision has been made in the 2007 Temporary Appropriations
for the aforesaid purpose, and the N.J.S. 40A:4-20 provides for the creation of an
emergency temporary appropriation for the purpose above mentioned, and

Whereas, the total emergency resolutions adopted in the year 2007 pursuant to the
provisions of Chapter 96,P.L. 1951 (N.J.S. 40A:4-20) including this resolution total
$1,896,885.00

Now, Therefore, Be It Resolved (not less than two-thirds of all the members thereof
affirmatively concurring) that in accordance with the provisions of N.J.S. 40A:4-20:

1. An emergency temporary appropriation be and the same is hereby made for salaries
& wages and other expenses appropriations in the amount $127,333.00.

2. That said emergency Temporary appropriation be provided for the 2007 budget
under the title of: Various line items.


ACCOUNT # ACCOUNT NAME FROM TO

Salaries & Wages
701 Clerk $ 39,585.00 $ 50,000.00
710 Tax Assessor $ 7,500.00 $ 10,000.00
725 Construction Code Official $ 16,222.00 $ 25,000.00
765 Streets & Roads $ 198,245.00 $ 250,000.00
772 Buildings & Grounds $ 17,000.00 $ 25,000.00
785 Board of Health $ 18,660.00 $ 30,000.00

Other Expenses
705 Financial Administration $ 10,000.00 $ 12,000.00
772 Buildings & Grounds $ 13,781.00 $ 20,000.00
785 Health Dept. $ 5,293.00 $ 10,000.00
796 Celebration of Public Events $ 500.00 $ 1,500.00
833 Municipal Court $ 4,384.00 $ 10,000.00
837 Contribution to SS $ 60,000.00 $ 75,000.00
Regular Council Meeting - April 25, 2007 Page 7

RESOLUTION NO. 6

Be It Hereby Resolved: That American Flag Sign & Banner Company, Union, NJ, be authorized to supply and install the following decorative banners for Borough Hall for the Centennial Celebration:

8 - 3' x 6' Pleated Fans…….$360.00

2 - 20' x 12' Pull Downs……$90.00
Total Cost to be $450.00

GENERAL BUSINESS

Mayor David commended the Fire Department and the Police Department on the fantastic job they did helping the residents during the storm. Many residents had water in their basements and the Fire Department worked around the clock to help bale out water from basements.

Mayor David also reported that he attended the Fire Departments open house this past Sunday. Volunteers were there to show the new ambulance, which was donated by Schering-Plough and residents and businesses in town. They served hot dogs and hamburgers and everyone had a good time.

Councilman Clementi commended the Volunteer Fire Department by saying that he witnessed, first hand, them helping out his elderly neighbor. They did a fantastic job.

MEETING OPENED TO THE PUBLIC

Rudy Cammarota, 1 Red Maple Lane - Mr. Cammarota presented to Mayor and Council a petition signed by 10% of the qualified and registered voters in the last general election. Mr. Cammarota read the following: " Petition to submit to non-binding referendum the tax payer funded construction of a proposed "Public Safety Building" to the registered voters of the Borough of Kenilworth. Whereas on or about May 10, 2006 Mayor Gregg David signed an Interlocal Services Agreement for the financing and construction of a "New Kenilworth Public Safety Building"; and Whereas the vast majority of the residents of the Borough were unaware of the Borough's elected officials intentions to undertake such a project, or to delegate the authority to a governmental agency and/or officials not directly answerable to the residents of the Borough; and Whereas, we the people strongly believe that the procedures, means and methods employed by our Mayor and Council to authorize, fund and construct the proposed new facility should have been subject to the same public scrutiny and input that the annual budget is subject to: Now therefore, we the residents and taxpayers of the Borough of Kenilworth hereby petition our Mayor and Borough Council to submit the question to the voters: "Should the Mayor and Council Proceed with the construction of a new public safety facility under the terms and conditions of the Interlocal services agreement between the Borough of Kenilworth and the Union County Improvement Authority dated May 10, 2006?" Copy of the agreement attached hereto:


Regular Council Meeting - April 25, 2007 Page 8

Mr. Cammarota stated that attached to each page of the petition is a copy of the Interlocal agreement between the Borough and the County. Mr. Cammarota submitted the petition to the clerk.

Councilman Pugliese stated he would like to move that the petition be accepted and to place the question on the ballot as a non binding referendum as presented in the petition.

Mayor David asked the Boro Attorney if that was appropriate at this time? Mr. McCarthy responded that the Clerk first needs to look at the petition. After it is reviewed, there is a referendum process they need to follow that is stated in the statute. The Mayor and Council can put something on by referendum, there is a referendum process and it would be wise to be fully informed as to what that process is before a motion is made.

Councilman Pugliese asked to modify the motion and that a resolution be passed that the petition will be accepted and that, if in fact there are 10% of the registered voter signatures on the petition, that a resolution shall be passed placing the referendum on the ballot for a non binding referendum?

Mr. McCarthy stated the clerk does not have a choice, the gentleman submitted with what purports to be a petition for a referendum and the clerk is required by law to look at it, make a determination under the referendum procedures in Title 48. There is no action that should be taken on this tonight. The Clerk will take the petition, review it, seek legal advice and then she will report back to the Council. The Clerk, not the Council makes the determination that the petition is done in accordance with the statue.

Councilman Pugliese stated that it was his understanding that there has to be a resolution passed by the Governing Body.

Mr. McCarthy responded that ultimately there will be a resolution but first the clerk has to make a determination on what has been submitted to the Borough tonight. The Council should not do anything, in absence of the Clerk's determination, on what has been presented tonight. There is no way she can sit here tonight and look at the petition and say, under the law, that this is something that the Council can act on.

Mr. Cammarota asked if the public can make a recommendation? Mr. McCarthy replied that a recommendation has already been made. Mr. Cammarota asked if a resolution can be passed this evening accepting the petition? Mr. McCarthy stated that a petition has been submitted to the Clerk and the Clerk is required to accept the petition and then she is required to fulfill her statutory obligation by examining the document. She is accepting the petition. Mr. McCarthy asked Mr. Cammarota if he had a copy of the petition and if it was marked in any way. Mr. Cammarota responded that he does have a copy.

Councilman Pugliese commented that it was his understanding that there has to be a resolution before the petition gets presented. Mr. McCarthy stated that is incorrect and that under the law the public has the right to petition its government for a referendum. He stated there is a statutory procedure and the Clerk has to accept the petition and then, depending upon the Clerk's determination, the Council will address it.


Regular Council Meeting - April 25, 2007 Page 9

Mr. Cammarota asked what the Clerk's determination is made on. Mr. McCarthy responded that there is a statutory procedure and he does not have the statue in front of him and he is not prepared to state the statutory requirements for this type of referendum. Mr. Cammarota stated that he has the statutory requirements and it is 10% of the qualified registered voters in the last general election. Mr. McCarthy stated the Clerk checks the names and addresses to make sure it is done in accordance with the statute. Mr. Cammarota thanked Mr. McCarthy for explaining things to him as things have not been explained to him during the past year. Mayor David responded by stating that Mr. Cammarota has not been to the Council meetings over the past year.

Bob Herbert, 363 Coolidge Drive - Mr. Herbert commented that in the last school board election Voting District #5 had voting instructions in three languages other than English. Mr. Herbert questioned whether people who could not read English should be voting if they cannot recognize the candidates names inside the booth. Mr. McCarthy, the Borough Attorney responded by stating that this is a Federal/State issue and Mr. Herbert should take it up with Congress. Mr. Herbert stated that in his opinion the government once again has let the taxpayers down. Mr. Herbert stated that the public safety building needs to be updated with high end technology to keep up with terrorists. He strongly believes that Kenilworth needs an updated public safety building. Mr. Herbert is against passing the project on to the County developing group which complies with the State of New Jersey in Trenton. They messed up the SCC and misused pension money that was supposed to go to people that protect our neighborhoods and communities. The only people that made money was the architects and engineers and then the fund went bankrupt. Mr. Herbert stated that he is not accusing the Union County people of the same thing but the State's track record is not very good. Mr. Herbert stated that if the town puts their differences aside they can put up a public safety building.

Frank Locorriera 515 Springfield Road - Mr. Locorriera asked if there was still a Beautification Committee?. Mayor David responded that the Beautification Committee has been combined with the Pride in Kenilworth Committee and there is a meeting this Friday at 7:00 at Borough Hall and Carmela Colosimo is heading the committee. Mr. Locorriera stated that 20th Street specifically the back of Associated and the whole general area is very dirty. Mr. Locorriera asked if there was an Ordinance or can anything be done for the general clean up the street. Mayor David stated there is a property maintenance ordinance and he asked Councilman DeLuca to contact the zoning enforcement and to look into cleaning up 20th Street. Mr. Locorriera stated there is graffiti on several buildings at the end of Michigan Avenue and asked if someone from the DPW could take the graffiti off some buildings that are at the end of Michigan Avenue. Councilman DeLuca stated that there might not be anything that can be done if it is on private property. Mayor David stated he will try to rectify the problem.

Regular Council Meeting - April 25, 2007 Page 10

ADJOURNMENT

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


8:55 P.M. Respectfully submitted,

Hedy Lipke, Borough Clerk

           



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