REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH� HELD ON WEDNESDAY EVENING, FEBRUARY 9, 2005.� 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, Alan Jankunas, Fred Soos and Robert Taylor.�

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 Jankunas and carried, the Work Session Meeting of

January 25 and the Regular Council Meeting of January 26, 2005 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS

1. Letter from Dale Spindel, Director, Kenilworth Public Library, asking permission to use the front of Borough Hall for their second annual �Bard on the Boulevard� theater series to be held on Sunday afternoons at 4 P.M. on May 22^nd; June 26^th; July 31^st and August 14^th.� Also they are asking permission to use the Borough Hall Courtroom for a performance of �A Few Good Men� tentatively scheduled for Friday evening, November 18^th.
2. Notice from Union County Department of Economic Development of two Public Meetings regarding Union County Draft Cross Acceptance Reports.� Both meetings are to be at Union College: Monday, February 14^th at 10 A.M. and Wednesday, February 23^rd at 3 P.M.

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

REPORTS

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1.      Police Department Report for the month of January, 2005.

2.      Construction Department Report for the month of January, 2005.

3.      Borough Clerk�s Report for the month of January, 2005.

REPORT OF COMMITTEES

MAYOR�S REPORT

Mayor David had nothing to report.

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DEPARTMENT OF FINANCE

Councilman Corvelli reported working with department heads on the 2005 Budget which will be introduced at a special meeting on March 1^st.�� The Borough Auditor will give a synopsis at the next work session meeting.�

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DEPARTMENT OF PUBLIC WORKS

Councilman Jankunas reported that the DPW is working on snow removal, blacktop repairs, and moving manhole covers.� The overtime from the storm totaled $13,000.�

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DEPARTMENT OF PUBLIC SAFETY

Councilwoman Colosimo read the Police Report for the month of January. The LED lighting is showing a savings from $143.81 a month to $23.00.� PSE&G will be installing new equipment for more accurate readings.� A tip hotline (908-276-1674) has been set up to report possible crime or suspicious acts and not for reports of crimes in progress. Councilwoman Colosimo read the following letter into the minutes:

Dear Chief Dowd:

Please allow me to congratulate you on your implementation of many excellent procedures since being appointed Chief several years ago.� In particular the vast improvements in traffic and safety around town.� Your staff members in charge of this bureau has implemented the use of new pedestrian signal, designated walking lanes, new traffic lights and safety education around town.� He has also placed yellow line street dividers on streets in areas where children play thus actually creating child safety zones for playing children.� Also he has extended to all citizens of our town in an atmosphere which invites suggestions.� The recent article in the Leader dated January 6, 2005 brings out statistically that Kenilworth is the safest place for pedestrian and drivers in the County.� It I think highlights to all taxpayers the excellent operation of our Police Department under your direction and leadership.� It also brings out the dedication and innovative work of Lt. Grady who I understand supervised the Traffic and Safety Bureau.� Keep up the good work it�s noticed around town.

Sincerely,

Joseph Morano

DEPARTMENT OF PLANNING, ZONING, AND ORDINANCES

Councilman Soos reported the Engineers are preparing a capital improvement list, a schedule is due on the HVAC and curb assessments are being prepared.� New ordinances will be introduced at the next meeting.

�DEPARTMENT OF RECREATION, ECOLOGY, LIGHTING AND FIRE

Councilman Taylor reported the implementation of background checks on Recreation Coaches and Members.� Thanks to Hedy Lipke and our insurance JIF for helping to coordinate this program. The� PEOSH violations at the Fire House are being addressed.� Councilman Taylor would like to recognize Councilman Soos and Borough Attorney Fruchter for their work to help rectify this

problem.� Thanks to the Fire Department for responding to the gas explosion in Union.

DEPARTMENT OF HEALTH, EDUCATION AND WELFARE

Councilman Galasso read a press release into the minutes:

The Kenilworth Health Department is recruiting residents who would be interested in becoming a member of the Public Health Emergency Response Team serving the Borough of Kenilworth.� Public Health Emergency Response Team members are healthcare professionals and lay citizens who can give critical support to local public health personnel to conduct mass prophylaxis/ immunization clinics to prevent the spread of disease from a naturally occurring outbreak or as a result of an intentional release associated with terrorism.� Volunteers are needed for a wade array of services.� Active and retired professionals with backgrounds in medicine, nursing, pharmacy, veterinary medicine and allied health experience as well as lay citizens and individuals with backgrounds in transportation and security are needed to supplement our public health work force.� Volunteers will have the opportunity to serve their own community and can also choose to serve County wide if the need arises.� Since Kenilworth contracts with Union for Health Officer coverage please contact John Ferraioli, Health Officer at 908-851-8507.

A Library Board Meeting is scheduled for next week.

BILLS

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

CONSENT AGENDA

Resolutions No. 1 thru 12 are listed on Consent Agenda and will be enacted by one motion in the form listed below. All items will be recorded individually in full in the minutes.

Council Member Taylor moved that all items under Consent Agenda be approved, seconded by Council Member Corvelli.� Upon roll call the vote was unanimous.

RESOLUTION NO. 1

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

RESOLUTION NO. 2

����������� Be It Hereby Resolved:� That the Borough Clerk be authorized to issue Bingo License

Amendments to:

����������� ����������� #2-04����������� St. Theresa�s Father�s Guild � Change game #2 from $125.00 � to 2 parts

����������������������� ����������������������� ����������� ����������� ����������� �$50 & $75 = $125.00

�Change game #5 from $150.00 � to 2 parts

����������� ����������������������� ����������������������� ����������� �$50 & $100 = $150.00

����������� #5-04�� St. Theresa�s Church �� Change game #2 from $125.00 � to 2 parts

����������� ����������������������� ����������������������� �� $50 & $75 = $125.00

����������� ����������������������� ����������������������� �� Change game #6 from $125.00 � to 2 parts

����������� ����������������������� ����������������������� ��� $50 & $75 = $125.00

RESOLUTION NO. 3

����������� Be It Hereby Resolved:� That a refund be issued for overpayment of a non-spayed dog license:

����������� ����������� Kim Carr

����������� ����������� 5 North 8^th Street

����������� ����������� Kenilworth, NJ� 07033

����������� ����������� Total $3.00��������������

RESOLUTION NO. 4

����������� WHEREAS, the Tax Collector of this Municipality has previously returned a canceled tax sale certificate #990001 to Abrams, Harold M., which certificate is dated June 16, 1999 covering premises commonly known as Lot 21 Block 8, and

����������� WHEREAS,� the property owners of the aforesaid tax sale certificate have indicated to the Tax Collector that they have lost or otherwise misplaced the original tax sale certificate.

����������� NOW, THEREFORE BE IT RESOLVED by the Mayor and Governing Body of the Municipality of Kenilworth that the Tax Collector of the Municipality be and is hereby authorized upon receipt of payment of a fee of $100.00 per certificate, to issue an appropriate Certificate of Redemption to the said property owner as previously described all in accordance with the requirements of Chapter 99 of the Public Law of 1997.����������

RESOLUTION NO. 5

����������� Be It Hereby Resolved:�� That the Borough of Kenilworth enter into an Agreement with US Investigations Services (USIS) to perform Background Checks for certain Recreation Department personnel, approximately 30 at a cost not to exceed $1,035.00.

RESOLUTION NO. 6

Resolution appears on the following page. (Application for a Domestic Preparedness Equipment Grant from NJ Department of Treasury in the amount of $112,500. and authorizing the Mayor and CFO to sign said application)

RESOLUTION NO. 7

����������� Be It Hereby Resolved:�� That the Contract for �Towing Services for the Borough of Kenilworth� be awarded to L & J Towing Services for a one year period from June 1, 2005 to

May 31, 2006.

RESOLUTION NO. 8

Resolution appears on the following page.� (2004 Budget Transfers)

RESOLUTION NO. 9

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

#816��� St. Theresa�s Church on August 20, 2005 at ����������� St. Theresa�s Parking Lot, 541 Washington Avenue, Kenilworth, NJ for a 50/50 Off-Premise Raffle.

����������� #817����������� Kenilworth Historical Society on March 5, 2005 at St. Theresa�s Parking

Lot, 541 Washington Avenue, Kenilworth, NJ� for a 50/50 On-Premise Raffle.

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RESOLUTION NO. 10

Resolution appears on the following page.� (Opposing bill A-3529)

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RESOLUTION NO. 11

����������� Be It Hereby Resolved:� That the Borough Engineer, Schoor DePalma, be authorized to perform a visual inspection of the Firehouse for suspect asbestos-containing materials at a cost of $3,000.

RESOLUTION NO. 12

Resolution appears on the following page.� (Congratulating Pastor John Smith on his 30^th Anniversary as Pastor of Union Baptist Church)

RESOLUTION NO. 13

Introduced by Soos also moved its adoption.

WHEREAS, quotations were received by Borough Engineers Schoor DePalma for the �Kenilworth Fire House Asbestos Clean Up and Repair� project; and

WHEREAS, Borough Engineers Schoor DePalma have recommended award of this project to J.R. Contracting & Environmental Consulting, Inc., this being the lowest quote.

NOW, THEREFORE, BE IT RESOLVED that J.R. Contracting & Environmental Consulting, Inc., 11411 Route 23, Wayne, NJ, be authorized to perform the �Kenilworth Fire House Asbestos Clean Up and Repair� project at a cost of $4,200.00.

Seconded by Taylor and on roll call unanimously carried.

ORDINANCES & RESOLUTIONS

Proposed Ordinance No. 2005-01 was read for second and final reading as follows: (Copy appears������

���������������������������������������������������� �������������������������������������������������������in minutes of January 11, 2005)

2005-01

ORDINANCE AMENDING CHAPTER 190 OF THE CODE OF THE BOROUGH OF KENILWORTH � COURT FEES.

Mayor David stated that this Ordinance will amend current court fees and violations.

Mayor David opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2005-01.

No one desiring to be heard, Mayor David closed the meeting to the public.

RESOLUTION NO. 14

Introduced by Soos also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2005-01, be and the same is hereby passed on second and final reading and ordered published according to law.

Seconded by Taylor and on roll call unanimously carried.

Proposed Ordinance No. 2005-02 was read for second and final reading as follows: (Copy appears�����������������������������

���������������������������������������������������������������������������������������������������������� in minutes of January 11, 2005)

2005-02

ORDINANCE AMENDING CHAPTER 91, ARTICLE I OF THE CODE OF THE BOROUGH OF KENILWORTH � FEES AND LICENSES.

Mayor David mentioned these are new fees for duplicate tax sale certificates and mailing of notice of tax sale.

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Mayor David opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2005-02.

No one desiring to be heard, Mayor David closed the meeting to the public.

RESOLUTION NO. 15

Introduced by Corvelli also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2005-02, be and the same is hereby passed on second and final reading and ordered published according to law.

Seconded by Jankunas and on roll call unanimously carried.

Proposed Ordinance No. 2005-03 was read for second and final reading as follows: (Copy appears������

����������������������������������������������������������������������������������������������������������� in minutes of January 11, 2005)

2005-03

ORDINANCE AMENDING CHAPTER 150, SECTION 150-10 OF THE CODE OF THE BOROUGH OF KENILWORTH.

Mayor David mentioned these are fees that the Borough can impose on residents who do not maintain their property which is then handled by the DPW.

Mayor David opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2005-03.

No one desiring to be heard, Mayor David closed the meeting to the public.

RESOLUTION NO. 16

Introduced by Taylor also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2005-03, be and the same is hereby passed on second and final reading and ordered published according to law.

Seconded by Jankunas and on roll call unanimously carried.

Proposed Ordinance No. 2005-04 was read for second and final reading as follows: (Copy appears������

��������������������������� ��������������������������������������������������������������������������������in minutes of January 11, 2005)

2005-04

ORDINANCE AMENDING ORDINANCE 2003-11 PROVIDING FOR COMPENSATION FOR BOROUGH EMPLOYEES OF THE BOROUGH OF KENILWORTH.

Mayor David stated that this Ordinance establishes the salary ranges for Deputy Tax Collector, General Foreman and Foreman.

Mayor David opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2005-04.

No one desiring to be heard, Mayor David closed the meeting to the public.

RESOLUTION NO. 17

Introduced by Corvelli also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2005-04, be and the same is hereby passed on second and final reading and ordered published according to law.

Seconded by Jankunas and on roll call unanimously carried.

GENERAL BUSINESS

No one desiring to be heard.

MEETING OPEN TO THE PUBLIC

Mrs. Fugett, North 6^th Street, submitted a letter for review and consideration to Mayor & Council.

Mr. Markakis, Faitoute Avenue,� submitted a proposal to raise funds for the Borough.

Mr. Mancino, North 24^th Street, made several suggestions including clearing the snow covered traffic lights, placing an arrow to make a left on 21^st Street to prevent an accident and the Planning Board should address adequate living space in the Borough.

MEETING OPEN TO THE PUBLIC (CONT)

Mr. Mancino asked Councilman Corvelli to research how much money if any the County and the School can receive from the Borough�s ratables.

Mayor David will discuss the ratables with the Borough Auditor at the next meeting.

Councilwoman Colosimo mentioned to Mr. Mancino that the Borough has $30,000 in the budget for Comcast TV 36.

Mrs. Crincoli, North 21^st Street, would like the Borough to assist the soccer club in finding fields for games and practices due to the lack of field availability.

Councilman Taylor invited her to attend the next Recreation meeting to discuss with the Recreation Director, Scott Pentz.

Mr. Mancino would like to assist with the field problem on a County level.

Mr. Fellner, Red Oak Lane, also addressed the lack of fields and suggested field rotation.�

Councilwoman Colosimo said she will mention the situation again at the next joint Board of Education meeting.�

ADJOURNMENT

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

8:45 P.M.

����������������������� ����������������������� ����������������������� �����������������������

Respectfully submitted,

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

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