REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, JANUARY 14, 2004.� MAYOR GREGG DAVID PRESIDED.

ROLL CALL

Roll Call at 8:00 P.M. showed the following Council Members present:� Carmela Colosimo, Peter Corvelli, Ed Galasso and Fred Soos. Councilman Alan Jankunas and Robert Taylor were absent.

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

The Salute to the Flag was led by Mayor David.

MINUTES

It was moved by Colosimo, seconded by Corvelli and carried that the minutes of the Work Session Meeting of December 9, the Regular Council Meeting of December 10 and the Special Meeting of December 22, 2003 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS

1. Summons received from Frank Pugliese regarding claim previously sent to our insurance company concerning a broken windshield on his car which allegedly was the result of the condition of Halsey Street.� This has been forwarded to our insurance company.
2. Copy of a letter sent by Police Chief Dowd to Robert Herbert thanking him for the materials and labor to install the new flooring in the Police Department Detective Bureau.

REPORTS

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1.      Municipal Court Report for the month of November, 2003.

2.      Construction Department Report for the month of December, 2003.

3.      Borough Clerk�s Report for the month of December, 2003.

4.      Board of Education Meeting Minutes of November 2; 10 and 24, 2003.

5.      Rahway Valley Sewerage Authority Meeting Minutes of November 24, 2003.

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

REPORT OF COMMITTEES

MAYOR�S REPORT

Mayor David reported that the Borough of Kenilworth is no longer eligible for public improvement projects based on the 2000 census.� In the past, the Borough relied on grants for

REPORT OF COMMITTEES (CONT.)

public improvements which was based on the 1990 census for low income areas.� We no longer have low income areas and therefore no longer qualify.� The projects that were approved pending the census will not be funded.� We may be able to shift the funds from the grants to a current application for an elevator in the fire department.� We are still eligible for facility improvements as well as health services type grants.

DEPARTMENT OF FINANCE

Councilman Corvelli reported the preliminary budgets are almost ready for review by the committee.�

DEPARTMENT OF PUBLIC WORKS

Councilman Jankunas was absent.� Councilman Soos reported the new engineer Ralph Tango met with Superintendent Dan Ryan to assess the town for future projects.�

DEPARTMENT OF PUBLIC SAFETY

Councilwoman Colosimo reported that our Chief of Police, William Dowd will be awarded the Martin Luther King Humanitarian Award on Monday at the Methodist Church at 11:00 am.� Due to a recent home robbery the seniors were warned not to open the door to strangers. Councilwoman Colosimo gave special thanks to P.O. Sims and P.O. Fennes for saving a resident who had a heart attack with a defibrillator. The Police Chief was given the approval to proceed with testing for a vacancy to replace Lt. O�Malley.�

DEPARTMENT OF PLANNING, ZONING AND ORDINANCES

Councilman Soos said the Planning Board had their reorganization meeting last week and the next regular meeting is on January 22^nd .� The final approval was made on the recreation center bathroom.� The contractor working on the streetscape cleared the Boulevard to allow more parking space.�

DEPARTMENT OF FIRE, RECREATION, LIGHTING AND ECOLOGY

Councilman Taylor was absent.� Councilwoman Colosimo reported that Scott Pentz is the new Recreation Director and she is confident that he will do an outstanding job.� The problem with the man power shortage in the fire department is being addressed.�

DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE

Councilman Galasso attended the Local Assistance Board meeting and Alice Chess is resigning she will need to be replaced by our March meeting.� He thanked Alice Chess for her devoted time to the Board.� Following the meetings of the Library Board and Health Department he will have more to report.

CONSENT AGENDA

Resolutions No. 1 through No. 8 are listed under 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 Soos moved that all items under Consent Agenda be approved, seconded by Councilwoman Colosimo.� Upon roll call the vote was unanimous.

RESOLUTION NO. 1

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

RESOLUTION NO. 2

Resolution appears on the following page.� (Treasurer authorized to refund 2003 taxes due to

����������������������� ����������������������� ����������� ����������� tax overpayment)

RESOLUTION NO. 3

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

����������� #784 � To David Brearley Middle/High School PTO for an On-Premise Merchandise

����������� ����������� Raffle to be held on May 19, 2004.

����������� #785 � To the St. Theresa�s Home School Association for an On-Premise Merchandise

����������� Raffle to be held on March 20, 2004.

#786 � To the St. Theresa�s Home School Association for an On-Premise 50/50 to be

����������� held on March 20, 2004.�����

����������� #787 � To the St. Theresa�s Home Association for an Off-Premise 50/50 to be held

����������� ����������� on March 20, 2004.

RESOLUTION NO. 4

Be It Hereby Resolved:� That the contract for Elevator Maintenance for the Kenilworth

Senior Citizens Building with Zip Systems, Inc. be renewed for a one (1) year period from January 2004 to January 2005:� Cost:� $180.00 per month; $2,160.00 per year

Be It Further Resolved that pursuant to N.J.A.C. 5:34-5.1 et seq., Local Public Contracts Law, the required Certificate of Availability of Funds has been obtained from the Chief Finance Officer of the Borough of Kenilworth.� The appropriation to be charged for this expenditure is Building and Grounds-Maintenance of Other Equipment:� 4-01-26-772-026

CONSENT AGENDA (CONT.)

RESOLUTION NO. 5

Be It Hereby Resolved:� That the Governing Body of the Borough of Kenilworth award the contract for Procurement of Natural Gas to WOODRUFF ENERGY, Bridgeton, NJ, based on the award of said bid by the Union County Cooperative Pricing System as follows:

10 month fixed price of $7.7168/Dth

Contract to begin February 1, 2004 through November 30, 2004

Be It Further Resolved:� That pursuant to N.J.A.C. 5:34-5.1 et seq., Local Public Contracts Law, the required Certification of Funds has been obtained from the Chief Finance Officer of the Borough of Kenilworth.

RESOLUTION NO. 6

Copy appears on the following page.� (Agreeing to the provisions of the U.C. Municipal Alliance

����������������������� ����������������������� ����������� grant for 2004)

RESOLUTION NO. 7

Be It Hereby Resolved:�� That the Mayor�s re-appointment of JoAnn Dillon and Carol Westervelt, Alternate, as Kenilworth�s representatives to the Union County Transportation Advisory Board for the year 2004, be and the same is hereby confirmed.

RESOLUTION NO. 8

Be It Hereby Resolved:�� That the Mayor�s appointment of Kelly Clementi as Dog Warden for the year 2004 at a salary of $800. per year, be and the same is hereby confirmed.

GENERAL BUSINESS

Councilwoman Colosimo thanked Robert Herbert for installing the new flooring in the Police Department free of charge.� She also thanked our former Recreation Director, Richard Vitale for his years of service to the Borough.�

MEETING OPEN TO THE PUBLIC

Kathi Fiamingo, Sheridan Avenue, questioned the financial arrangement with our new Engineer Schoor & DePalma.

Mayor David said they have a $30,000 flat retainer fee and 9% for any capital improvements.

Ms. Fiamingo asked if the arrangement was a written agreement?

MEETING OPEN TO THE PUBLIC (CONT.)

Mayor David said the arrangement was a proposal which they agreed upon.

Ms. Fiamingo mentioned if the survey was part of the retainer fee?

Mayor David said it was not part of the retainer fee.

Ms. Fiamingo was concerned regarding the term of the Recreation Director and how the resolution reads.

Councilwoman Colosimo said the ordinance will be changed to reflect a one year term.

Ms. Fiamingo questioned the possible shared services with Union.

Mayor David mentioned they have had discussions with Union and no agreements have been made.

Jules Zengewald, No. 7^th Street, asked about the container in the DPW yard.

Councilwoman Colosimo said the container was there for recycling and are also used by the local businesses and schools.

Councilman Galasso also said the container was provided by the recycling company for residents who missed their scheduled recycling day.

Mr. Zengewald would like the truck tonnage sign to be put back up on 7^th Street.

Councilwoman Colosimo will check with the Police Chief.

ADJOURNMENT

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

8:30 P.M.�������� ����������������������� ����������������������� ����������� ����������� Respectfully submitted,

����������������������� ����������������������� ����������������������� ����������� ����������� Hedy Lipke, Borough Clerk��