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Council Minutes from 4/12/2006
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REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH� HELD ON WEDNESDAY EVENING, APRIL 12, 2006.� MAYOR DAVID PRESIDED.
ROLL CALL
Roll Call at 8:00 P.M. showed the following Council Members present:�� Peter Corvelli, Carmela Colosimo, Lawrence Clementi, Anthony Deluca, 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 Councilman Soos, seconded by Councilman Taylor and carried that the Work Session Meeting of March 21, and the Regular Meeting of March 22, 2006 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)
PRESENTATION
Mayor David called up the David Brearley Wresting Team and extended his congratulations
Councilman Taylor read the Resolution to honor the David Brearley Wrestling Team for their successful 2005-2006 season of 26 wins and 3 losses.
Councilman DeLuca commented that Kenilworth beat Roselle Park twice during the season.
COMMUNICATIONS AND PETITIONS
1. Notice of Tort Claim received on 3/29/06 claiming injuries resulting from a fall on an uneven sidewalk at 30 North 18th Street.
2. Notification from NJDEP� advising that the Borough will be receiving $6,831.84 for 2006 Clean Communities Entitlement.
3. Letter from Comcast regarding their opposition to legislation to permit Verizon� to by-pass the municipal consent process in obtaining a franchise to provide cable television services.
4. Approval letter received from NJDOT regarding Ordinance 2005-18 = Left turn prohibition, Boulevard & North 14th Street and for Ordinance 2005-19 = One-way street designation, Franklin Avenue.
Reports:
1. Police Department Report for the month of March, 2006.
2. Construction Department Report for the month of March, 2006.
3. Borough Clerk�s Report for the month of March, 2006
4. Kenilworth Fire Department Report of calls for the month of March, 2006.
5. Rahway Valley Sewerage Authority Meeting Minutes of February 16, 2006.
It was moved by Councilman Taylor and seconded by Councilman Clementi and carried that the above communications be received and filed and any money amounts indicated be spread over the minutes.
REPORT OF THE COMMITTEES
MAYORS REPORT
Mayor David reported the Facilities Committee has been working with Union County Improvement Authority to come up with an agreement to be signed by the Borough and the Authority to handle the construction of the new Public Facility.� The Borough received a draft agreement which was presented to our attorney , he had comments, and then it was presented to the Facilities Committee and they had their comments.� All the comments went back to the Union County Improvement Authority�s attorney and we now have a new draft of the agreement.� I would like to discuss this later in the agenda as to how we would like to proceed on the new agreement.
DEPARTMENT OF FINANCE���
Councilman Clementi reported the Finance Committee is diligently working on the budget, looking for ways to reduce it.� We will be meeting shortly to start going over the capital part of the budget.
DEPARTMENT OF PUBLIC WORKS
Councilman DeLuca reported the Public Works Department has power washed and painted the building at� DeMario Park.� The bathroom door has also been repaired. They placed an order� to Westfield Sheet Metal for materials to repair the shade structure at Ninth Street Park.�
Councilman Deluca also advised that bulk pickup for the north side of town is Wednesday, April 19th and Wednesday April 26th for the south side.
DEPARTMENT OF PUBLIC SAFETY
Councilwomen Colosimo reported that Jim DiGivonni from Global Connect is in the process of building up the data base for our reverse 911. Chief� Dowd will reach out to all the� citizens who are not on the data base, ie private phones, etc.�
The Borough received final approval from the State Department of Transportation for no left turn at 14th Street and the Boulevard between the hours of 7:00 A.M. and 7:00 P.M., and we also received approval to make Franklin Avenue a one-way street.� On Monday, April 10th� we posted signs, on loan from the County Police, which state no left turn between the hours of� 7:00 A.M. and 7:00 P.M.� We have officers stationed� in the area and they are giving out warnings.�
We are still having problems at DiMario Park with people parking.� The Chief of Police posted two large very heavy signs in front of the gate prohibiting anyone from coming in unless it is a Borough-owned vehicle.�
The County has painted the stop bars and turn arrows on Michigan Avenue and the Boulevard.
DEPARTMENT OF PLANNING, ZONING AND ORDINANCE
Councilman Soos reported they are continuing with 2005 roads which should be completed by the end of next week.� Twenty-second Street has been dug out and they will put the base in tomorrow.� We will be doing Fifteen, Commonwealth and Pembrook on Monday of� next week. By the end of next week all the 2005 roads should be done.� We are in the process of working out the bid for North 17th Street which will probably be done in July or August.
We are meeting with the Engineers next week to go over possible curb replacement on the Boulevard.� We have bids� for the roof at DiMario Park as well as repairs to the roof on the Senior Citizen Building.� We also have bids for the pumping station at Lafayette.
DEPARTMENT OF FIRE, RECREATION, LIGHTING AND ECOLOGY
Councilman Corvelli reported he will attend the monthly meeting for the Recreation Department tomorrow.� The Easter Egg Hunt will be held Saturday, April 15th at Blackbrook Park at 10:00 A.M. Spring athletics are in full stride, the County has lent the Borough� a couple of fields� to deal with our limited space.�
Councilman Corvelli attended a fire meeting last week and toured the building with the Chief.� They are working on the electric and sheet rock.� He also had the opportunity to go out on a call with the Fire Department and advised that residents should feel safe because the Fire Department runs like a well-oiled machine and they are very dedicated to their work.� The report for the stipend will be available for the next meeting.
DEPARTMENT� OF HEALTH, EDUCATION AND WELFARE
Councilman Taylor reported he attended the production of� A Few Good Men on March 31, 2006 in the Courtroom. It was a well attended and a well performed performance.� He� mentioned that Dale Spindel was instrumental in obtaining partial funding from grants to have these productions.
Councilman Taylor reported to the Health Officer regarding an issue involving the handling of blood in a borough building. The first person to contact involving these kinds of issues is the Health Office.� The Board of Health is meeting next Thursday and he will have a full report on the policy and procedures for handling these type of incidents.
Mayor David commented that the Library,� hosted by the Friends of the Library, had a Wine and Cheese event last Friday night.� It was a very nice affair, they had a� soloist guitar playing while people were mingling, drinking wine and eating cheese.� He recommend that all should try to attend the event next year.
BILLS
Consolidated Bill List appears on the following pages.� (copy attached)
CONSENT AGENDA
Resolutions No. 1 through No. 18 are listed under Consent Agenda and will be enacted by one motion.� All items will be recorded individually, in full, in the minutes.
Councilman Soos moved that all items under Consent Agenda be approved, seconded by Anthony DeLuca.� Upon roll call the vote was unanimous.
Mayor David advised that the Council has in their possession the final draft of the agreement with the Union County Improvement Authority.� We have had an opportunity to review it and I am requesting that Council grant me the authority to enter into our agreement, once we have the final review by our attorney.
ORDINANCES AND RESOLUTIONS
RESOLUTION NO. 1
Be It Hereby Resolved:�� That all bills be paid when properly audited and funded are available.
RESOLUTION NO. 2
WHEREAS, a fee has been collected for removal of a stove in the amount of $25.00 and,
WHEREAS, the permit has been found not be used.
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:
��������������������������� Diane Sims
��������������������������� 112 Orange Avenue
������������������ ����������Kenilworth, NJ�� 07033
RESOLUTION NO. 3
Be It Hereby Resolved:�� That the Borough Clerk be authorized to issue the following Raffle Licenses:
#858� St. Theresa�s Church to hold ten games of Chance and one Big Six Wheel on August 14, 2006 thru August 19, 2006 in the Church Parking Lot, 541 Washington Ave., Kenilworth, NJ.
#859� St. Theresa�s St. Theresa�s Church for nightly 50/50 Raffle from August 14, 2006 to August 19, 2006 at St. Theresa�s Parking Lot, 541 Washington Avenue, Kenilworth, NJ.
#860� St. Theresa�s Church to hold Super 50/50 on August 19, 2006 in St. Theresa�s Parking Lot, 541 Washington Ave., Kenilworth, NJ
#861� Kenilworth Historical Society 50/50 Raffle on June 10, 2006 at No. 22nd Street, Kenilworth, NJ
#862� David Brearley Middle/High School PTO 50/50 Raffle on May 1, 2006 at 401 Monroe., Kenilworth, NJ
#863� David Brearley Middle High School PTO Single Item Raffle on May 1, 2006 at 401 Monroe Ave., Kenilworth, NJ.
RESOLUTION NO. 4
Be It Hereby Resolved:�� That the 2004 Audit Corrective Action Plan submitted by the Chief Finance Officer be and the same is hereby approved, and
BE IT FURTHER RESOLVED, that a certified copy of the 2004 Corrective Action Plan be sent to the Division of Local Government Services� (Copy attached)
RESOLUTION NO 5
Resolution appears on the following page (2005 Tonnage Grant Application)
RESOLUTION NO. 6
Be It Hereby Resolved:��
����������� WHEREAS, the following property was issued a 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 $188.00 to contractor:
����������� ����������� Chapman Brothers
����������� ����������� 36 North Avenue East
����������� ����������� Cranford, NJ� 07016
����������� For the following permit: Michael Wojcio
115 North 20th St.
Block 51, Lot 5.01 Permit #06-007
RESOLUTION NO. 7
Be It Hereby Resolved:�� That Donald Vitale be appointed a FIRE PREVENTION INSPECTOR for the year 2006.
RESOLUTION NO. 8
Be It Hereby Resolved:�� That Alexandra Califf be appointed as a Part-time Clerk in the Fire Department at a rate of $10 per hour.
RESOLUTION NO. 9
Resolution appears on the following page. (Bid for Lafayette Pump Station Upgrade- 3rd Occasion)
WHEREAS, the Borough of Kenilworth advertised for the receipt of bids for the Lafayette Pump Station Upgrade (3rd Occasion), and DeMaio Electric Co., PO Box 5907, Hillsborough, NJ� 08844 having submitted the lowest responsible bid as follows:
����������� ����������� TOTAL BID:� $94,677.00
NOW, THEREFORE, BE IT RESOLVED, that the contract for Lafayette Pump Station (3rd Occasion) is awarded to DeMaio Electric Co., PO Box 5907, Hillsborough, NJ� 08844 and the Borough Attorney is authorized to draw up the necessary contract and the Mayor and Borough Clerk are authorized to sign and contract.
BE IT FURTHER RESOLVED, that pursuant to N.J.A.C. 5:34-5 et seq. Local Public Contracts Law, the required Certificate of Availability of Funds has been obtained from the Finance Officer of the Borough of Kenilworth.
RESOLUTION NO. 10
Resolution appears on the following page. (Federal Aviation Administration Draft Environmental Impact Statement)
RESOLUTION NO. 11
Resolution appears on the following page. (Application filed for a Place-to-Place Transfer of Plenary Retail Consumption License No. 2008-33-013-009, 572 Boulevard Holding Company, Inc. t/a Tosca Restaurant)
RESOLUTION NO. 12
Resolution appears on the following page. (Adoption of the 2006 Annual Budget)
RESOLUTION NO. 13
Be It Hereby Resolved:�� That Dianne Marus be issued a check in the amount of $1,302.71, subject to the standard deductions, to resolve the issue of her retroactive pay increase for the period of January 1, 2005 to April 29, 2005.
RESOLUTION NO. 14
Be It Hereby Resolved:�� That Hale Insurance Brokerage be authorized to analyze the Borough�s Health Benefits Plan at a refundable fee of $2,000.00,
RESOLUTION NO. 15
WHEREAS, the back roof of the Senior Citizens building is in need of repair/replacement; and
WHEREAS, three quotes have been obtained for the repair/replacement of this roof; and
WHEREAS, the low quote totals $8,500.00.
NOW, THEREFORE,
BE IT RESOLVED, that an amendment be made to the Senior Citizen O/E of
the 2006 Temporary Budget in the amount of $8,500.00.
RESOLUTION NO. 16
WHEREAS, quotations were received for the �Repair/Replacement of Back Roof of Senior Citizen Building�; and
WHEREAS, the lowest quote received was from ROOF-IT for a cost of $8,500.00
NOW, THEREFORE, BE IT RESOLVED that ROOF-IT,� PO Box 74, Kenilworth, NJ, be authorized to perform �Repair/Replacement of Back Roof of Senior Citizen Building project, as per the proposal submitted, at a cost of $8,500.00
RESOLUTION NO. 17
Resolution appears on the following page. (Authorizing the award of a contract for �DiMario Park Roof Replacement�
RESOLUTION NO 18
Resolution appears on the following page. (Congratulating David Brearley Wrestling Team on its 2005-2006 season with a record of 26 wins and 3 losses)
RESOLUTION NO. 19
Introduced by Robert Taylor, Jr., adoption by same. Seconded by Anthony Deluca.
Be It Hereby Resolved:�� That the Borough of Kenilworth enter into an Interlocal Services Agreement with the Union County Improvement Authority for the provision of services in connection with the new Kenilworth Public Safety Building.
Be It Further Resolved:� that the Mayor be authorized to sign said Agreement
Five in favor. Councilman Corvelli abstained
�����������
ORDINANCES & RESOLUTIONS�
Proposed Ordinance No. 2006-02 was read for the second and final reading as follows: (Copy appears in� minutes of� March 22, 2006.
����������������������� ����������������������� ����������� Ordinance 2006-02
ORDINANCE APPROPRIATING $28,250.00 FROM GENERAL CAPITAL SURPLUS FOR THE LAFAYETTE PUMP STATION UPGRADE ORDINANCE 2004-17 AND VARIOUS IMPROVEMENT ORDINANCE #2005-02
Mayor stated that this particular Ordinance is to put the additional funding in place to complete the Lafayette Pump Station upgrade as well as a couple of other miscellaneous items.�
Mayor David opened the meeting to the public
No one desiring to be heard, the meeting was closed to the public
RESOLUTION NO. 20
Introduced by Lawrence Clementi also moved its adoption
Be It Hereby Resolved:�� That proposed Ordinance 2006-02, be and the same is hereby passed on second and final reading and ordered published according to law.
Seconded by Anthony DeLuca and on roll call unanimously carried.
Proposed Ordinance No. 2006-03 was read for the second and final reading
as follows: (Copy appears in� minutes of� March 22, 2006.
����������������������� ����������������������� ����������� Ordinance 2006-03
ORDINANCE TO EXCEED THE 2006 MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK.
Mayor David stated this Ordinance pertains to the budget cap that the State imposes on all Municipalities which basically is 2 � % however the State does allow us to increase the cap to 3 �% as long as we do it by Ordinance.� This Ordinance would allow us the additional 1 % in cap, amounting to an additional $64, 179.10 that we can increase the budget.
Mayor David opened the meeting to the public
No one desiring to be heard, the meeting was closed to the public
RESOLUTION NO. 21
Introduced by Lawrence Clementi also moved its adoption
Be It Hereby Resolved:�� That proposed Ordinance 2006-03, be and the same is hereby passed on second and final reading and ordered published according to law.
Seconded by Anthony DeLuca and on roll call unanimously carried.
Proposed Ordinance No. 2006-04 was read for the second and final reading as follows: (Copy appears in� minutes of� March 22, 2006.
����������� ����������������������� ����������� Ordinance� 2006-04
A BOND ORDINANCE AUTHORIZING IMPROVEMENTS TO NORTH 17TH STREET IN, BY AND FOR THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, NEW JERSEY, APPROPRIATING AN AGGREGATE AMOUNT OF $230,000 THEREFORE AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $76,000 IN AGGREGATE PRINCIPAL AMOUNT OF BOND OR NOTES TO FINANCE PART OF THE COST THEREOF.
Mayor David mentioned this Ordinance relates to the funding for the improvement to North 17th Street, between Monroe Ave. and Sheridan Ave.� The total cost of the street is estimated to be $230,000.00.� We received a grant for� $150,000.00 and the additional funding is coming from the Borough.
Mayor David opened the meeting to the public
No one desiring to be heard, the meeting was closed to the public.
RESOLUTION NO. 22
Introduced by Lawrence Clementi also moved its adoption
Be It Hereby Resolved:�� That proposed Ordinance 2006-04, be and the same is hereby passed on second and final reading and ordered published according to law.
Seconded by Anthony DeLuca and on roll call unanimously carried.
GENERAL BUSINESS
Councilman Soos advised there are two worthy events taking place in Kenilworth within the next couple of weeks.� On April 28, 2006 at the VFW there is a benefit for Tim Carbone, who was a dedicated custodian at Brearley High School, cost of the ticket is $25.00.
On May 11, 2006 there is a benefit for� retired police officer, Arthur Wright at the VFW.� Tickets are $10.00.
Mayor David advised the Knights of Columbus is having their 50th Anniversary on April 22, 2006, tickets are $25.00.
Councilwomen Colosimo urged everyone to vote for School Board Election on April 18, 2006.
MEETING OPENED TO THE PUBLIC
Jerry Ramos, 337 North 19th Street advised that New Jersey Multi Magazine has given Kenilworth a rating in the State of New Jersey as one of the Towns in the top 5 %� in which to live.� The magazine takes into consideration the amount of crime, taxes, police and quality of life issues.�
The Mayor and Council should be commended for their efforts in having Kenilworth recognized as one of the top 5% towns in the State of New Jersey.
ADJOURNMENT
There being no further business to come before the Council, it was moved by Councilman Soos, seconded by Councilwomen Colosimo and carried, that the meeting be adjourned to the call of the chair.
8:30 P.M.
����������������������� ����������������������� ����������������������� ����������� ����������� Respectfully submitted,
����������������������� ����������������������� ����������������������� ����������� ����������� Hedy Lipke
����������������������� ����������������������� ����������������������� ����������� ����������� Borough Clerk
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