Council Minutes from 11/28/2007
 

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH  HELD ON WEDNESDAY EVENING, NOVEMBER 28, 2007.  MAYOR GREGG DAVID PRESIDED.

ROLL CALL

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

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

The Salute to the Flag was led by Mayor David.

Mayor David introduced Councilwoman-elect Sosnosky and Councilman-elect and Joho.

 

MINUTES

It was moved by Councilman Taylor, seconded by Councilman Clementi, and carried that the minutes of the Work Session Meeting of October 23, 2007 and the Regular Meeting of October 24, 2007 be dispensed with and approved as submitted.  (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS

1.                  Letter from Teresa D’Errico, 301 Lincoln Drive, enclosing a letter she sent to Jerry Maneri, The Committee for 55+ Housing in Kenilworth, opposing age-restricted Condominiums proposed for Kenilworth.

2.                  Letter from Minnie Leikauskas, 141 South 23rd Street, praising the Senior Handyman and stating her hope that the Program will continue.

3.                  Letter from Samuel Lyons, Benchmark Architectural Products, 450 Swenson Drive, requesting that Swenson Drive be put o n the list to be reconstructed.

4.                  Letter from Anthony Peters, Deputy Fire Chief, thanking Pat Howarth for her efforts in helping to successfully reduce the outstanding $5,600 Fire Department Water Company bill to $121.00.

5.                  A Public Hearing on Year 34 Community Development Applications to be submitted will be held at the Council Meeting on December 12, 2007.

REPORT OF COMMITTEES

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

2.               Police Department Report for the month of October, 2007.

3.               Construction Department Report for the month of October, 2007.

4.               Borough  Clerk’s Report for the month of October, 2007.

5.               Rahway Valley Sewerage Authority Meeting Minutes of August 16 and September 20, 2007.

 

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

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Mayor David read a letter received from the County of Union, Office of Angel Estrada, Freeholder Vice Chair. The letter stated that in an effort to respond to the plight of homeless individuals and families during severe winter weather, on behalf of the UC Board of Chosen Freeholders, it was announced the implementation of a County-wide Code Blue Initiative to address the needs of this most vulnerable population.  Code Blue Programs have been instituted in various cities and counties nationwide in an effort to prevent death and injury among homeless people during periods of extreme weather conditions.  Such conditions include overnight temperatures below 25 degrees.  When such weather conditions are predicted, Union County Department of Human Services will implement a county-wide code blue.  During the code blue period, emergency shelters will be asked to increase bed capacity.  Once shelters are filled to capacity alternate arrangements will be made by Union County Division of Social Services. Notification will be provided to Municipal Police Departments via the County hotline by 11:00 am when a code blue is called.  On  code blue nights only, local police are asked to contact the Director of Union County Division of Social Services for placement information.

 

Mayor David stated he wanted to  make the public aware that there is help available if they know anyone who might be in need of shelter during a code blue situation.

 

Mayor David read a letter addressed to him from Anthony Peters, Deputy Fire Chief  thanking Pat Howarth from the Clerk’s Office for her help in resolving a billing dispute with the water company. The Fire Department received a bill exceeding $5700.00 for the period of December, 2004 thru March, 2005 which is approximately 89 days. Despite her numerous attempts to have the water company adjust the bill they refused. The water company refused to adjust the bill and Ms. Howarth adamantly refused  to have the Borough pay the charges. Finally through Pat’s many efforts, the bill was reduced to an amazing $121.00.  Mr. Peters commended and thanked Pat for her hard work and diligence in a very difficult situation, especially since she was dealing with a billing center in Florida.  The savings to the Borough comes at a very important time for the Fire Department, considering the funds needed for a new pumper.

Mayor David also commended Pat Howard for her diligence in getting what was clearly an erroneous bill reduced to its proper amount.  It took a great amount of effort on her part to have a successful conclusion for the Borough. On behalf the Governing Body and himself, he thanked Pat.

DEPARTMENT OF FINANCE

Councilwoman Fiamingo  reported there are several Ordinances on the agenda tonight. There are second readings on the Leaf Collector Ordinance, Road Improvements and Curb Assessments and first readings for Bond Ordinance for the Public Library’s elevator and the Fire Department Truck.

 

 

 

 

 

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DEPARTMENT OF PUBLIC WORKS

Councilman Pugliese reported there was a decision on not to go forward with posting a street sweeping schedule on the advice of Superintendent Dan Ryan.  The DPW has commenced picking  up the leaves on November 2, 2007 and have made two passes through town and have picked up approximately 700 yards of leaves.  Brush removal is not supposed to be done in the months of November and  December but the DPW crew has been picking up brush because the brush might interfere with the snow removal if we have snow.  He stated that Councilman Corvelli spearheaded a program to inspect the parks and as a result of that inspection there were some problems with some of the parks in town. Superintendent Dan Ryan has used his allotted budget for some of the repairs and approximately another $6,000.00 will be needed to make the remaining repairs.  The major cost in the remaining repairs would be to lay down shock absorbing material in the area of the swing sets. He hoped that by next summer or spring we will finish the project.  The DPW has been cleaning up the Boulevard by assigning one individual to pick up trash and also someone to blow the debris off the sidewalk.

DEPARTMENT OF PUBLIC SAFETY

Councilman Clementi read the highlights from Chief Dowd’s October Monthly Police Report. There was a total of 85 hours of training during the month of October.  Sgt. David and Patrolman Simms each completed a 40 hour course in Long Gun Instructor Certification.  All members of the Police Department qualified with their fire arms in the departments semi-annual fire arms training held at the County range in Springfield in October.  Chief Dowd is proud to announce that Officer Paul Campanelli, a nine year veteran of the Department, was honored recently at a breakfast at the Knights of Columbus where he was named Officer of the Year by the Knights.  Officer Campanelli was given this award for his outstanding involvement in the Community.  The Chief is requesting that the Governing Body pass a Resolution, at the urging of the State Division of Highway Safety, on increased enforcement of our driving while intoxicated over the holiday season.  The Kenilworth Police Department will have special DWI patrols out during this time period. This is on the agenda under Resolution No. 16.  Chief Dowd requested the Borough renew their contract with the Atlantic Health System (CenCom) for 911 Medical Telephone Call Screening Services.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman DeLuca reported the 2007 Roads have been surveyed.  The Borough Engineer is going to be sending a draft of the spill prevention plan for the DPW garage.  They are submitting a Storm Water Management Plan to the Planning board at their next meeting.

DEPARTMENT OF RECREATION AND FIRE

Councilman Corvelli reported the Recreation Committee is working on regulations for the parks and they should be in compliance by early next year.  The Fire Department is sponsoring “Santa Express” again this year.  If anyone would like to participate they can drop the gifts off at the Rescue Squad on December 8th and 9th between the hours of 10 am and 4 pm.  Please keep the gifts to a minimal size.  Santa will be delivering the gifts on December 10, 12 and 14. If you have little children this is a very good program and kids really enjoy having Santa at their house.

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DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Taylor reported that circulation at the Library continues to be at an all-time high due to the work and services that the library provides under the direction of Dale Spindel, the Library Director.  On November 8th clean up was started regarding the material on the easement at the railroad property through the efforts of John Ferraioli, our Health Inspector and the DOT. Cleanup should be completed by the end of the month.  Our Health Officer also inspected the Brasser Lane area regarding reports of rodents. He prepared a report that stated the problem is mice and not vermin or rodents and the residents will have to address the situation on an individual basis. The cleaning and bating of the stream area has been successful in eliminating most of the rodents.  Mice are something that the homeowners are going to have to take care of themselves by making sure their doors are secure and they are not leaving food products out to lure the mice into the area.

 

 

BILLS

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

 

CONSENT AGENDA

Resolutions No. 1 thru 18 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 Clementi 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

WHEREAS, John Scuorzo, III is the owner of Block 51, Lot 16, 142 No. 21st Street, Borough of Kenilworth, Union County, NJ, and;

WHEREAS, there is a credit on said parcel for the fourth quarter of 2007, and;

NOW, THEREFORE 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 warrants for refund as stated below.

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            Block               Lot                               Payable to                               Amount

            51                    16                                John Scuorzo, III                     $1,655.11

                                                                        142 North 21st St.

                                                                        Kenilworth, NJ  07033

RESOLUTION NO. 3

Be It Hereby Resolved: 

WHEREAS, the following property was issued a building permit, and fees were received by the Building Department;

WHEREAS, it has been found that they are entitled to a senior citizen reduced fee as per Borough Ordinance, No. 99-5.

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

Amount of $92.00 refunded to owner:

            Jean Marie Basket

            46 North 18th Street

            Kenilworth, NJ  07033

            Permits #06-0523 & 07-00434

            Roof/Siding

RESOLUTION NO. 4

WHEREAS, the following property was issued a permit, and fees were received by the Building Department;

WHEREAS, it has been determined that the work will not be done.

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

            Amount of $37.00 to owner

                                    Mr. Glen Walters

                                    % Foodland

                                    345 Carnegie Avenue

                                    Kenilworth, NJ  07033

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            For the following permit:                     #07-00227

                                                                        500 South 31st Street

           

                                                            Block 180, Lot 17

RESOLUTION NO. 5

WHEREAS, John & Rayma Westerlund is the owner of Block 152, lot 3, 641 Trenton Avenue, Borough of Kenilworth, Union County, NJ, and;

WHEREAS, Countrywide Tax Services is authorized to pay taxes on behalf of the aforementioned property owners, and;

WHEREAS, there is a credit on said parcel for the fourth quarter of  2007, and;

NOW THEREFORE 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 warrants for refund as stated below.

Block                       Lot                 Payable to:                                                 Amount

             152                             3                  Countrywide Tax Services                          $1,186.43

                                                                    MS:SVW-24

                                                                    P.O. Box 1-211

                                                                    Van Nuys, CA   91410-0211

RESOLUTION NO. 6

WHEREAS, Joseph Tinnirella is the owner of Block 159, lot 5.01, 713 Woodland Avenue, Borough of Kenilworth, Union County, NJ, and;

WHEREAS, Countrywide Tax Services is authorized to pay taxes on behalf of the aforementioned property owners, and;

WHEREAS, there is a credit on said parcel for the fourth quarter of  2007, and;

NOW THEREFORE 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 warrants for refund as stated below.

Block                       Lot                 Payable to:                                                 Amount

             159                             5.01             Wells Fargo Real Estate Tax Services      $4,611.90

                                                                    1 Home Campus

                                                                    MAC X2302-04D

                                                                    Des Moines, IA   50328-0001

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RESOLUTION NO. 7

   

WHEREAS, John & Linda De Sarno is the owner of Block 83, lot 11, 31 No. 22nd Street, Borough of Kenilworth, Union County, NJ, and;

WHEREAS, America’s Servicing Company is authorized to pay taxes on behalf of the aforementioned property owners, and;

WHEREAS, there is a credit on said parcel for the second quarter of  2007, and;

NOW THEREFORE 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 warrants for refund as stated below.

Block                       Lot                 Payable to:                                                 Amount

             83                               11                America’s Servicing Company                   $1,079.96

                                                                    1 Home Campus

                                                                    MAC X2509-02T

                                                                    Des Moines, IA   50328-0001

                              

RESOLUTION NO. 8

Be It Hereby Resolved:   That Daniel DeFuria be employed as a Temporary Par-Time Laborer in the Public Works Department as of November 19, 2007 at a rate of $14.00 per hour for a period of three to four months.

RESOLUTION NO. 9

Be It Hereby Resolved:   That the attached list of the Kenilworth Volunteer Fire Department/Rescue Squad members be granted an expense allowance in accordance with the report submitted by Fire Chief Lewis Giordino, in the aggregate amount of $68,517.50.

RESOLUTION NO. 10

WHEREAS, the Borough of Kenilworth is a one of the 11 member municipalities of the Rahway Valley Sewerage Authority (RVSA), a regional sewerage authority created and operating pursuant to the New Jersey Sewerage Authorities Law, NJSA 40:14A-1 et. seq.: and

WHEREAS, RVSA operates from sewerage treatment facilities constructed, maintained and operated with funds received from the taxpayers of the member municipalities, which facilities have costs hundreds of millions of dollars to construct and which are undergoing extensive capital projects intended to upgrade and make more efficient the operation of those facilities, the costs of which capital projects exceeds $175 million; and

WHEREAS, RVSA’s annual operating costs are in excess of $18 million annually, which costs are paid primarily by the member municipalities; and

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WHEREAS, RVSA is responsible for the handling and treatment of  the sanitary sewerage for its 11 member municipalities in a cost-efficient and environmental sound manner; and

WHEREAS, as a member municipality whose taxpayers have paid and continue to pay significant amounts of moneys to the construction and operation of RVSA, Kenilworth is concerned that RVSA be operated in a sound and cost efficient manner; and

WHEREAS, over the past several years, various consultants for RVSA and some members of RVSA have suggested or recommended that RVSA consider entering into a privatization contract for part or all of its operations; and

WHEREAS, Kenilworth and other members have expressed concerns regarding whether such privatization would actually result in the better or more cost effective operation of RVSA; and

WHEREAS, despite such concerns raised by Kenilworth and other members, RVSA determined to undertake an investigations of privatization of a portion of its operations, and retained various consultants to make recommendations to RVSA as to the appropriateness of moving forward to take actions to solicit requests for qualifications for a privatization contract; and

WHEREAS, in response to concerns voiced by Kenilworth and other members, RVSA determined to conduct a Mayors Forum to present to the Mayors and other representatives of the member municipalities the reasons why RVSA had decided to move forward to take actions to solicit requests for qualifications for a  privatization contract; and

WHEREAS, during this Mayors Forum, based on questions asked, concerns raised, and information presented, RVSA’s own consultants, including Steve Kellogg, Senior Vice President, CDM, agreed that it was premature to consider whether privatization might be a sound and cost-effective measure for RVSA, and agreed that the appropriate course  was to await completion of the significant capital projects being undertaken at the RVSA facility, including the Comprehensive Strategic Plan (CSP) contracts, the Major Upgrades contracts, and the Cogeneration/Sludge Drying Facility contract and a sufficient time after such completion to be able to undertake an informed evaluation of how the RVSA facility was operating; and

WHEREAS, Kenilworth and various other member municipalities welcomed these recommendations as a much sounder approach to the question of whether some form of privatization of RVSA’s operations or facilities might be sound and/or cost effective; and

WHEREAS, despite the recommendations of its own consultants in November 2006, and despite the fact that the capital projects referred to at the November 30 Mayors Forum have not all been completed and in operation, RVSA placed on its October 18, 2007 agenda a motion to solicit proposals for the services of 1) Special Counsel 2) Special Engineer and 3) Special Financial Advisor to perform certain work related to the preparation of a Request For Qualifications on a privatization contract; and

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WHEREAS, to solicit such proposals and to move forward with the process contemplated thereby will be a time consuming and costly process, and should not be considered, let alone undertaken, until the capital projects referred to at the November 30 Mayor’s Forum have all been completed and in operation for a sufficient time to enable an informed evaluation of how the RVSA facility was operating; and

WHEREAS, as recognized by RVSA previously, no such actions should be taken by RVSA toward possible privatization without first informing the Mayors and other municipal representatives of the bases for such actions, and seeking the input of these important parties.

NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of Kenilworth hereby affirmatively and emphatically states its position that it is inappropriate and premature for RVSA to solicit proposals for the services of 1) Special Counsel 2) Special Engineer and/or 3) Special Financial Advisor to perform any work related to the preparation of a Request For qualifications on a privatization contract or to take any other actions to move forward with the process contemplated thereby.  As previously recognized by RVSA’s own consultants, and represented to the public at the November 30, 2006 Mayors Forum, no further consideration should be given to or actions taken toward possible privatization  until the capital projects referred to at the November 30 Mayor’s Forum have all been completed and in operation for a sufficient time to enable an informed evaluation of how the RVSA facility was operating.

                                                           

RESOLUTION NO.  11

 

WHEREAS, the Treasurer has outstanding checks on the records which were issued over one year ago, and:

WHEREAS, letters were written to the businesses/individuals asking them to cash these checks or sign affidavits to have them replaced;

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council that the Treasurer is authorized to reissue checks to F&M Communications, 22 Dorset Dr., Kenilworth, NJ in the amount of $170.00 and to Trinitas Hospital, 425 Morris Ave., Elizabeth, NJ in the amount of $80.00.

BE IT FURTHER RESOLVED, that due to not receiving any communication from the payee, the following outstanding checks be cancelled:

            Check # 13021 dated 9/15/05 to Elizabethtown Gas Co.      $1,563.89

            Check # 13098 dated 9/30/05 to Kenilworth Car Wash         $  132.50

            Check # 13324 dated 12/2/05 to Rutgers State Univ.            $  608.00

            Check #15021 dated 12/14/06 to NJ American Water           $  388.41

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RESOLUTION NO. 12

WHEREAS, it shall become necessary to expend for some of the purposes specified in the budget appropriation of the respective sums appropriated, and

WHEREAS, there is an excess in one or more appropriations over and above the amount deemed necessary to fulfill the purpose of such appropriation, and

WHEREAS, N.J.S. 40A:4-58 provides for the transfer of such amounts deemed in excess to appropriation for the amount of which are deemed to be insufficient to fulfill purposes of such appropriation, and

WHEREAS, the transfers about to be authorized do not affect any appropriations to which or from transfers are prohibited under statute,

NOW, THEREFORE BE IT RESOLVED that the following be approved and the Chief Financial Officer is hereby authorized to make the following transfers in the 2007 Municipal Budget:

FROM:                                                                                               AMOUNT

Other Expenses:

705      Finance                                                                       $   1,000.00

710      Assessor                                                                     $   2,000.00

745      Police                                                                          $   8,000.00

749      Fire Department                                                          $   9,728.00

765      Public Works                                                              $   7,000.00

785      Health                                                                          $   6,622.00

                                               

                                                            Sub-Total                    $ 34,350.00

Salaries and Wages:

745      Police                                                                          $ 13,485.92

712      Legal                                                                           $   5,000.00

767      Parks                                                                           $   5,300.00    

                                                            Sub-Total                    $  23,785.92

                                                                        TOTAL            $ 58,135.92

TO:

Other Expenses:

745      Police                                                                          $   3,485.92

762      Senior Citizen                                                             $      650.00

784      Nursing Services                                                        $ 15,000.00

840      Capital Improvement Fund                                         $39,000.00

                                                            Sub-Total                    $ 58,135.92

                                                                        TOTAL            $ 58,135.92

                                   

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RESOLUTION NO. 13

Be It Hereby Resolved:   That the contract for Animal Control Services be awarded to Associated Humane Societies, 124 Evergreen Avenue, Newark, NJ  07114-2133, for a two (2) year period beginning January 1, 2008 and ending December 31, 2009 at a cost of $15,704. per year.

Be it Further Resolved that the Mayor be authorized to sign said contract.

RESOLUTION NO. 14

Be It Hereby Resolved:   That the contract between the Borough of Kenilworth and Atlantic Health System (CenCom) to provide 911 Medical Telephone Call Screening Services for a three (3) year period commencing May 1, 2007 through April 30, 2010 be approved.  Cost to be $4800 up to 600 calls for the firs year; $5100 (up to 600 calls) for the second year; and $5,400 (up to 600 calls) for the third year.

Be It Further Resolved that the Mayor be authorized to sign said contract.

RESOLUTION NO. 15

 

Be It Hereby Resolved:   That Building Inspection Underwriters, Inc. 20 East Tauton Road, Suite 525, Berlin, NJ  08009, be appointed Elevator Sub-Code Official for the Borough of Kenilworth for two (2) year term commencing January 1, 2008 to December 31, 2009 as per N.J.A.C. 5:23-4.5A.

                                    Rate 50% of D.C.A. Fees

RESOLUTION NO. 16

Supporting 

Over the Limit Under Arrest 2007  Year End Crackdown

WHEREAS, impaired drivers on our nation’s roads kill someone every 30 minutes, 50 people per day, and almost 18,000 people each year; and

WHEREAS, 34% of motor vehicle fatalities in New Jersey are alcohol-related; and

WHEREAS, an enforcement crackdown is planned to combat impaired driving; and

WHEREAS, the season at the end of the year is traditionally a time of social gatherings which often include alcohol; and

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WHEREAS, the State of New Jersey, Division of Highway Traffic Safety, has asked law enforcement agencies throughout several counties to participate in the Over the Limit Under Arrest 2007 Year End Crackdown; and

WHEREAS, the project will involve increased impaired driving enforcement from December 7, 2007 through January 2, 2008; and

WHEREAS, an increase in impaired driving enforcement and a reduction in impaired driving will save lives on our roadways;

THEREFORE, be it resolved that The Borough of Kenilworth declare it’s support for the Over the Limit Under Arrest 2007 Year End Crackdown from December 7, 2007 through January 2, 2008 and pledges to increase awareness of the dangers of drinking and driving.

RESOLUTION NO. 17

Be It Hereby Resolved:   That Joanne Szelingiewicz, Court Administrator, having served the Borough of Kenilworth as Municipal Court Administrator since 1990 and having attained her Certification, be granted tenure in the position of Kenilworth Court Administrator as per P.L. 1975, c.39(C.2A:8-13.3)

RESOLUTION NO. 18

Be It Hereby Resolved:   That a one (1) year contract for Maintenance of the Emergency Generator at the Lafayette Pump Station be awarded to Cummins Metropower Co. at a cost of $2,510.00 and as per the proposal attached.

Proposed Ordinance No. 2007-11 was read for the second and final reading as follows: (Copy appears in minutes of 10/24/07)

                                                            2007-11

BOND ORDINANCE AUTHORIZING THE PURCHASE OF A 25 YD. LEAF COLLECTOR, IN, BY AND FOR THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, NEW JERSEY, APPROPRIATING AN AGGREGATE AMOUNT OF $42,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING 39,900 IN AGGREGATE PRINCIPAL AMOUNT OF BONDS OR NOTES TO FINANCE PART OF THE COST THEREOF.

Mayor David stated that this Ordinance puts the funding in place for a new leaf machine. This is a second reading and anyone wishing to speak for or against this Ordinance, please step forward and state your name and address. 

Livio Mancino – 102 North 24th Street – Mr. Mancino asked how many leaf collectors the Borough has on hand?  Councilman Pugliese replied the Borough has 3 and on one of them the engines recently caught on fire. He also stated one of the other ones was put out of service for approximately 3 weeks because of significant damage. Mr. Mancino stated that other towns

Regular Council Meeting – November 28, 2007                                                         Page 13

have a sweeper that sweeps the leaves to the corner and then the vacuum sucks the leaves up.  He stated that if Kenilworth did this it would save a lot of money. Councilman Pugliese stated that the Leaf Collector is a vacuum.

RESOLUTION NO. 19

Introduced by  Fred Pugliese who also moved its adoption.

Seconded by Kathi Fiamingo and on roll call unanimously carried.

Be It Hereby Resolved:   That  Proposed Ordinance No. 2007-11 be and the same is

hereby passed on second and final reading and ordered published according to law.

Proposed Ordinance No. 2007-12 was read for the second and final reading as follows: (Copy of minutes appear in minutes of 10/24/07)

ORDINANCE NO. 2007-12

A BOND ORDINANCE AUTHORIZING VARIOUS ROAD IMPROVEMENTS IN, BY, AND FOR THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, NEW JERSEY, APPROPRIATING AN AGGREGATE AMOUNT OF $803,804 THEREFOR AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $585,963 IN AGGREGATE PRINCIPAL AMOUNT OF BONDS OR NOTES TO FINANCE PART OF THE COST THEREOF.

Mayor David stated that this Ordinance relates to the road improvements that were decided upon by the Governing Body for the year 2007.  This is a second reading and the Mayor asked if anyone in the audience wishes to speak on this Ordinance to please step forward and state their name and address for the record.

Livio Mancino – 102 North Street asked if the total was $803,804.00?  He asked if we would need about $40,000.00? Councilwoman Fiamingo stated that $187,000.00 was from a grant. Mayor David stated that the 187,000.00 would be deducted from the $803,804.  Mr. Mancino stated that the if the amount is now $630,000.00 why are we putting more into the Capital Account. Councilwoman Fiamingo stated that the amount that is being raised by bonds is $585,963.00 and $30,841.00 is the amount being placed in the budget.  Mr. Mancino stated that if the statute states that you are required to put five percent and you have $600,000.00 in an expense for improvements you need to set aside $30,000.00 and if you don’t do that then some of the funds get left in the account over a number of years and your auditor said there had been $60,000 or $70,000 dollars found that had been sitting dormant in these accounts.  Councilwoman Fiamingo stated the cost to the Borough is $585,963. Mr. Mancino stated the Borough should be financing $29,000.00.  Councilwoman Fiamingo responded by stating the Borough would be financing $30,841.00.

Mr. Mancino asked what streets are being done? Mayor David read the list of streets.

Mr. Mancino stated that 23rd street has been done twice in the last 25 years and some streets have never been touched.

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Mayor David asked if anyone else wished to speak on this Ordinance.  Seeing no one the Mayor closed the hearing on Ordinance 2007-12.

 

RESOLUTION NO. 20

Introduced by Anthony DeLuca who also moved its adoption

Seconded by Kathi Fiamingo and upon roll call all in favor.

Be It Hereby Resolved:   That  Proposed Ordinance No. 2007-12 be and the same is

hereby passed on second and final reading and ordered published according to law.

Proposed Ordinance No. 2007-13 was read for the second and final reading as follows: (Copy appears in minutes of 10/24/07)

                                                            ORDINANCE NO. 2007-13

AN ASSESSMENT BOND ORDINANCE AUTHORIZING LOCAL IMPROVEMENTS CONSISTING OF THE CONSTRUCTION OF APPROXIMATELY 800 LINEAR FEET OF NEW CURBS ALONG FAIRFIELD AVENUE, BETWEEN FAITOUTE AVENUE TO THE DEAD END; APPROXIMATELY 1,000 LINEAR FEET OF NEW CURBS ALONG THE ENTIRE LENGTH OF EPPING DRIVE: APPROXIMATELY 400 LINEAR FEET OF NEW CURBS ALONG THE ENTIRE LENGTH OF RED MAPLE LANE; AND APPROXIMATELY 900 LINEAR FEET OF NEW CURBS ALONG LINCOLN  DRIVE FROM LINCOLN PLACE AT THE INTERSECTION WITH BOULEVARD AND COOLIDGE DRIVE, IN, BY AND FOR THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, NEW JERSEY, APPROPRIATING AN AGGREGATE AMOUNT OF $150,676 THEREFOR, AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $143,142 IN AGGREGATE PRINCIPAL AMOUNT OF BONDS OR NOTES TO FINANCE PARTS OF THE COST THEREOF AND DIRECTING A SPECIAL ASSESSMENT OF THE COST THEREOF.

Mayor David stated that this Ordinance puts the funding in place for the curbing for the streets that were approved as part of the 2007 Capitol Improvements and it also allows for the assessment of the property owners.  This is a second reading and anyone wishing to speak for or against this Ordinance, please step forward and state your name and address for the record. 

Stan Orzack, 152 Boulevard – Mr. Orzeck asked what would be the price for his curbing and what did Dorset pay?  Mayor David responded by stating the price is unknown until the time the bids go out and are awarded and at that time we will know the actual price of the curbing. He stated he did not know what Dorset paid.  Councilman DeLuca stated the curbing is based on unit price, availability of materials and cost per foot and it can vary from $10 a square foot, it all depends on the time they purchase the material and that is standard in construction.  Mr. Orzeck asked if a local improvement was just paving the street and if there is Belgium block already in place are you going to charge the people for new Belgium blocks? The Counsel responded by stating that the Belgium blocks need to be removed in order to pave the street because it is very likely the street will have to be torn up to regrade the street or because the

Regular Council Meeting – November 28, 2007                                                         Page 15

street would need to be widened.    Mr.  Orzeck asked if they were going to mill the street down because his street is in a flood area and raising the street would cause flooding.  Councilman DeLuca explained that the engineer is going to assess the road and if the road needs to be resurfaced, they grind up the road and then put down several layers of asphalt and if the road needs to be crowned so it is higher in the middle and lower on the side so the water can drain then that is what they will do.   Mr. Orzeck asked if he could buy five $500.00 notes and have them paid off yearly and get the interest.  The Council replied not but he can pay the assessment over a five year period of time interest free.

A resident asked how the streets are picked and how the curbing is paid for and is it included in the tax bill?  Mayor David stated that each year the Borough selects a number of streets that need repair for Capital Improvements.  In this case they are doing five or six streets and the total cost is $800,000.00 and the Borough needs to finance about $600,000.00 of that amount.   We obtain funding through bonds and then the Borough pays that amount off over time.  The homeowner will be assessed for the curbs along the frontage of their property and if they are a corner lot they may have to pay side and front costs.  At the time the bids are awarded the Borough will know the cost of the Belgium Block curbing and the resident will be billed the cost per foot x the length of their property.  They can pay the cost all at once or pay it over five years with no interest.  The resident asked what partial reconstruction was and if it had anything to do with drainage because her street does not have storm sewers.  Councilman DeLuca stated that sometimes the street does not need full reconstruction. He stated the engineer will assess the road and the drainage problem.  Mayor David stated that full reconstruction is when they take the road down to the dirt and put a whole new base which is crushed stone and a layer of blacktop and then a finished layer of blacktop.  The resident asked if when they are working on a street and come across a drainage problem do they address it at that time?  Mayor David stated the engineers assess what is needed for the street and if flooding needs to be addressed it will be done at that time.  Mayor David stated that it is not the Borough intention to make a flooding situation worse or to create a flooding situation that was not there in the first place and that is why the Borough has professional engineers to oversee the project.  The resident stated she has seen flags on posts on her street and she asked if they start the project in the winter? Councilman DeLuca stated the engineer goes and does a survey by checking the utility lines underneath the street and at that time they mark the street.  The resident thanked the Governing Body for picking her street to be repaved.

Bob Herbert, 363 Coolidge Drive – Mr. Herbert asked the Mayor and Council if when the Borough replaces the new Belgium Blocks if the residents can get credit if they have just put in new Belgium Blocks? Mayor David stated that right now there is nothing like that in place to deal with that situation but maybe the future Governing Body can look into possibly rectifying that.  He stated that most often the curbing has been in place for quite some time and it is not in line with the street and has to be completely torn out and most of the time the blocks are damaged and cannot be reused.

William Hannon, 46 Dorset Drive – Mr. Hannon stated that he had a complaint about the contractor who did his street.  He stated that if he were paying for the job out of his pocket, he would not have paid the contractor for the job they did on his street.  He said that when they did the end of his driveway, they left a dip in it and when it rained there was always a big puddle.  After he complained, they came back and ripped it up and while they were ripping it up they left diesel fuel on the brand new paved street and the fuel loosened up the asphalt and now the

Regular Council Meeting – November 28, 2007                                                         Page 16

street in the front of his house looks like the street has been there for ten years.  He asked that if the same company gets the job that maybe the engineer can keep a better eye on the contractor.  Also when they replanted the seed for his lawn, the dirt they used had glass, rocks and pieces of metal in it.  He stated the street looks 100% better but the contractors need to be watched to make sure they are doing the job right.

Seeing no one else wishing to speak, Mayor David closed the hearing on Ordinance 1007-13

RESOLUTION NO 21

Introduced by Anthony DeLuca who also moved its adoption.

Seconded by Kathi Fiamingo and upon roll call all in favor.

Be It Hereby Resolved:   That  Proposed Ordinance No. 2007-13 be and the same is

hereby passed on second and final reading and ordered published according to law.

Proposed Ordinance No. 2007-14 was read for the first reading as follows: (Copy attached)

                                                            2007-14

BOND ORDINANCE AUTHORIZING THE CONSTRUCTION OF AN ELEVATOR AT THE PUBLIC LIBRARY, IN, BY AND FOR THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, NEW JERSEY, APPROPRIATING AN AGGREGATE AMOUNT OF $246,000 THEREFORE AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $18,700 IN AGGREGATE PRINCIPAL AMOUNT OF BONDS OR NOTES TO FINANCE PART OF THE COST THEREOF.

 

Mayor David stated this Ordinance puts the funding in place for an elevator at the Kenilworth Public Library.  This project is partially funded by grants received from the County of Union Community Development Block Grant.  This is a first reading anyone who is interested in obtaining a copy of the Ordinance may do so at the back of the room or go to the Clerk’s Office.  The second reading and public hearing will be on December 18, 2007. Anyone wishing to speak may do so at that time. 

           

RESOLUTION NO. 22

Introduced  by Kathi Fiamingo who also moved its adoption.

Seconded  by Anthony DeLuca and upon roll call all in favor.                                               

 

Be It Herby Resolved: That Proposed Ordinance No. 2007-14, be and the same is hereby passed on first reading and ordered published for final hearing on December 18, 2007.

Regular Council Meeting – November 28, 2007                                                         Page 17

Proposed Ordinance No. 2007-15 was read for the first reading as follows: (Copy attached)

                                                            2007-15

BOND ORDINANCE AUTHORIZING THE PURCHASE OF A CUSTOM TILT CAB FIRE RESCUE PUMPER AND RELATED EQUIPMENT, IN, BY AND FOR THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, NEW JERSEY, APPROPRIATING AN AGGREGATE AMOUNT OF $715,000 THEREFORE AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $679,250 IN AGGREGATE PRINCIPAL AMOUNT OF BONDS OR NOTES TO FINANCE PART OF THE COST THEREOF.

Mayor David stated this Ordinance puts the funding into place for a new fire truck which the Borough is in dire need of based on the age of the existing equipment. This is a first reading anyone who is interested in obtaining a copy of the Ordinance may do so at the back of the room or go to the Clerk’s Office.  The second reading and public hearing will be on December 18, 2007.  Anyone wishing to speak may do so at that time. 

           

RESOLUTION NO. 23

 

Introduced  by Kathi Fiamingo who also moved its adoption.

Seconded by Anthony DeLuca and upon roll call all in favor.                                    

 

Be It Herby Resolved: That Proposed Ordinance No. 2007-15, be and the same is hereby passed on first reading and ordered published for final hearing on December 18, 2007.

GENERAL BUSINESS

Mayor David advised that on Saturday, December 8, 2007 the Borough is having its annual Holiday Celebration.  The event is being sponsored by the Centennial Committee and the Pride in Kenilworth Committee. The events will start with breakfast with Santa at 10:00, a horse and buggy ride and then the tree lighting at 6:00.  The Mayor invited everyone to come out and participate in the event.  He added it is the last planned event as part of Kenilworth’s Centennial Celebration.

Councilman Pugliese stated to the residents in the audience who are getting their streets paved to be pro active and give the work the contractors do the once over while it is being done and if they notice something wrong to call Ms. Lipke and then she will tell you who to call.

Mayor David added that he agreed that residents should be pro active when the contractor is there and not eight or ten months after the road is completed as it becomes a little more difficult to get restitution if something goes wrong.  The Mayor added that residents should not confront the contractor but to contact the Clerk’s Office and they will deal with the professionals.

MEETING OPENED TO THE PUBLIC

Livio Mancino stated that his street was worked on about 3 years ago and his property has been neglected.  He stated three different engineering companies have come to look at it and nothing

Regular Council Meeting – November 28, 2007                                                         Page 18

has been done.  Mr. Mancino put the Borough on a 60 day notice that if something is not done without excuses, he will proceed to fix it and send the bill to the Borough and we will probably end up in litigation. All of the engineers have said there is a problem.  If the Borough Clerk would like another letter he can provide one.  He stated the bonding should have been held until everybody was completely satisfied.  Mr. Mancino asked Councilwoman Fiamingo if there were any funds left from any funding ordinances for streets or trucks.  He stated in the last audit the Borough found quite a bit of money about $70,000.00 left from funding ordinances.  Mr. Mancino asked if the Borough was responsible for painting the crosswalks on the Boulevard?  He stated they need to be repainted.  Mayor David stated it was the County’s responsibility for the crosswalks on the Boulevard.  Mr. Mancino stated there needs to be markings for School Zones on Washington Avenue and Monroe Avenues.

William Hannon – Mr. Hannon stated when he called the engineer with his problem they did respond.  They did not leave him hanging.

Bob Herbert – Mr. Herbert thanked the Mayor for his years of service.  He commended the Mayor for his involvement in town events like the town clean up and the Octoberfest when he came out at 6:30 to pitch in and help.  He asked the audience to give a round of applause for the Mayors years of dedication.

ADJOURNMENT

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

8:55 P.M.                                                                                 Respectfully submitted,

                                                                                                Hedy Lipke, Borough Clerk  

 



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