Council Minutes from 5/10/2006

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH� HELD ON WEDNESDAY EVENING, MAY 10, 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,� Fred Soos, Robert Taylor and Anthony DeLuca.

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

The Salute to the Flag was led by Mayor David.

MINUTES

It was moved by Councilman Taylor, seconded by Councilman Deluca and carried that the Work Session Meeting of April 25, and the Regular Meeting of April 26, 2006 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS

1. Letter from Connie Conrad, President, Library Board of Trustees, thanking Rescue Squad Captain Joseph Vecchi for his assistance in the aftermath of a recent incident at the Library.

2. Letter from Robert Ring, President, Meyer & DePew, requesting that Lafayette Avenue from 14^th Street westward. be reconstructed.

3. Notice of Deficiency from NJDEP regarding �failure to provide alternate power for Lafayette Pump Station.

4. Letter from Blackthorn requesting amendments to their liquor license renewal resolution to change the starting date for use of the deck area for use of the deck for St. Patrick�s Day.

5. Notice of Hearing from Roselle Park Planning Board to consider an amendment to their Master Plan to add a Stormwater Management Plan Element on May 15, 2006.

6. Letter from G. Woods, A. Vitale & Arthur Vitale, property owners of 204 No. 19^th Street, thanking the Governing Body for their support regarding the removal of the gas pressure regulator installed by the Gas Company.

REPORTS

1. Police Department Report for the month of April, 2006.

2. Construction Department Report for the month of April, 2006.

3. Borough Clerk�s Report for the month of April 26, 2006.

4. Rahway Valley Sewerage Authority Meeting Minutes of March 16, 2006.

It was moved by Councilman Soos 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 COMMITTEES

MAYORS REPORT

Mayor David reported there is a Resolution on the Consent Agenda declaring the Boroughs opposition to a bill that will be going before the Senate Labor Committee tomorrow.� This bill mandates that Municipalities will have to pay health benefits for part-time employees who work in excess of 15 hours. Most of the part-time employees for the Borough of Kenilworth work in excess of 15 hours, which would mean that the Borough would be required to provide health care benefits for those employees if this bill were to be passed.� This would have a significant impact to the Boroughs financial status.� The Governing Body is opposed to this bill and last night they agreed to put a Resolution on this evenings agenda. We will� fax the Resolution� to the State tomorrow morning, declaring our opposition.

Mayor David received a letter from Kean University advising the Borough of a special film screening for an award winning independent film entitled �After Innocence�.� The special screening is on Wednesday, May 24, 2006 @ 6:30 PM in the University Center Little Theater, admission is free with limited seating.� If anyone is interested you may call the school by May 19^th in order to get reserved seats.

Mayor David reported that the next� Centennial Meeting is Monday, May 22, 2006 @ 7:00 at the Senior Citizen Building.

DEPARTMENT OF FINANCE

Councilman Clementi reported the Finance Committee will be meeting next week to discuss the Capital Budget.� We will report to the Mayor and Council at the next work session.

�

DEPARTMENT OF PUBLIC WORKS

Councilman DeLuca reported that bulky waste clean up was completed on April 27, 2006.� They removed 222 tons of material and the cost for collection and transportation was $23,000.00. They are still waiting for quotes to clean the above ground gas and diesel tanks. They are also waiting for materials from Westfield Sheet Metal to repair the structure at 9^th Street Park.� Michael Kretchner was hired as a temporary part-time summer laborer, he will start May 15, 2006.� His job will be to landscape and clean Borough properties as well as paint benches.

DEPARTMENT OF PUBLIC SAFETY

Councilwomen Colosimo reported the Police Department had a total of 114 hours of training during the month of April on arson, EMT, photography, emergency management, SWAT, armed encounters and computer training.� The Police Department has purchased a live scan finger print device with a homeland security grant.� Once this machine is up and running we will have state of the art equipment to process and identify those in custody.�

Councilwomen Colosimo and the rest of the Council would like to thank Schering-Plough, through the efforts of Captain Phillips, for the very generous donation of a battery back-up system for the traffic signal at Market St. and Fairfield Avenue. Jen Electric is going to install the backup to provide power to this light in the event of a power outage. The only traffic signal in the Borough without� back-up power is the light at 14^th�and Monroe.�

Councilwomen Colosimo reported that the Federal Government has reimbursed the Borough of Kenilworth for the cost of sending� Lt. Hannon and Patrolman Sims down south to help during hurricane Katrina.

DEPARTMENT OF PLANNING, ZONING AND ORDINANCES

Councilman Soos reported the 2005 roads are now completed.� Bids for DiMario Park are ready to go out next week.� A new roof has been installed at DiMario Park, the inside has been cleaned out and all the mold has been cleaned off the walls and doors.� North 17^th Street will be ready for bid next week, hopefully it will be done before school starts in September.� We are waiting for a letter from the State because this is grant money. We met with the AdHoc Committee on rental apartments.� Both parties agreed that we would draft a new Ordinance which our attorney is currently working on.

DEPARTMENT OF FIRE, RECREATION, LIGHTING AND ECOLOGY

Council Corvelli was absent.

DEPARTMENT OF HEALTH, EDUCATION AND WELFARE

Councilman Taylor attended a meeting with the Health, Education & Welfare Committee and the Board of Education for a question and answer session.� There is a special meeting on Saturday morning at 10:00 to go over the budget.

ORDINANCES AND RESOLUTIONS

BILLS

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

CONSENT AGENDA

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

Councilman DeLuca moved that all items under Consent Agenda be approved, seconded by Councilman Clementi. 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 Michael Kretchner be employed as a Temporary/Summer Laborer in the Public Works Department from May 15, 2006 to August 25, 2006 at a rate of $12 per hour.

RESOLUTION NO. 3

Be It Hereby Resolved:�� That the Borough of Kenilworth award contracts for the Year 2006 to the following based on the award of bids by the Union County Cooperative Pricing System:

�� ROCK SALT�� -� International Salt

�� COPIER PAPER�� -� Central Lewmar

�� ROAD MATERIAL�� -� Weldon Materials Company

�� GASOLINE�� -� National Fuel Oil, Inc.

�� DIESEL FUEL �� -� Rachles/Michele�s

�� ROAD SWEEPINGS� �� -� Nature�s Choice Corp.

�� TRAFFIC PAINT�� -� Sherman Williams

�� LUMBER�� -� Bayway Lumber

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 appropriations to be charged for these expenditures are:� Various Operating � Other Expense Accounts.

RESOLUTION NO. 4

Be It Hereby Resolved:�

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

WHEREAS, it has been determined that the homeowner is eligible for the senior citizen discount, also work will not be done on this permit.

Now, Therefore, Be It Hereby Resolved that the Treasurer be and is hereby authorized to draw a warrant to refund the following amount to the homeowner:

Amount of $25.00 refunded to homeowner:

Frank DiFabio

234 No. 13^th Street

Kenilworth, Nj� 07033

�� Property located at:� 243 No. 13^th Street.

�� Block #30, Lot #4

RESOLUTION NO. 5

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 $60.00 refunded to homeowner:

Howard Knieriemen, Jr.

127 North 13^th Street

Kenilworth, NJ� 07033

�� for property located at 127 North 13^th Street, Permit #06-0153

�� Block 57, Lot 7

RESOLUTION NO. 6

Be It Hereby Resolved:��

WHEREAS, the following property was issued a street opening permit, and escrow of

$500.00 were received by the Building Department.

WHEREAS, it has been determined that the work has been completed and inspected by Dan Ryan, Superintendent.

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

�� Amount of $500.00 refunded to the property owner:

�� Martin Lueddeke

�� Application #04-036

�� 15 Commonwealth Rd.

Block 90, Lot 15

�� Property located at:�� 15 Commonwealth Rd.

�� Kenilworth, NJ� 07033

�� Block 90, Lot 15

RESOLUTION NO. 7

Be It Hereby Resolved:�� That IKON OFFICE SOLUTIONS,� State Contract #64039, be awarded the contract for the 36 month lease of two (2) Cannon Copiers as per the following cost and the proposal submitted:

�� 1 � Canon IR4570 = $195.58 per month (A&E)

�� 1 � Canon IR3530 = $151.50 per month (Police Dept.)

RESOLUTION NO. 8��

Resolution appears on the following page. (Resolution in Support of a Property Tax Reform Convention)

RESOLUTION NO. 9

Be It Hereby Resolved:� That Pat�s Painting, P.O. Box 811, Kenilworth, NJ be authorized to perform the following work at Borough Hall:

Exterior Painting of Front Entrance and Side Entrance as per the attached�� estimate:�� Total Cost:� $2,895.00�

RESOLUTION NO. 10

Whereas, an emergent condition has arisen with respect to adoption of the 2006 Annual Budget and no adequate provision has been made in the 2006 Temporary Budget for the aforesaid purpose, and the N.J.S. 40A:4-20 provides for the creation of an emergency temporary appropriation� for the purpose above mentioned: and

Whereas, the total emergency resolutions adopted in the year 2006 pursuant to provisions of Chapter 96, P.L. 1951 (N.J.S. 40A:4-20) including this resolution total $1,145,850.00

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

1. An emergency temporary appropriation be and the same is hereby made for other expenses appropriations in the amount of $242,000.00

2. That said emergency Temporary appropriation be provided for in the 2006 Budget under the title of:� Various line items:

Other Expenses�� Account Name �� From�� To

�� 701 �� Clerk OE�� $� 50,500.00�� $� 51,100.00

�� 703�� Mayor & Council �� 1,000.00�� 1,200.00

�� 705�� Financial Adm. P/T�� 10,000.00�� 12,500.00

�� 705�� Financial Adm. OE�� 11,000.00�� 12,250.00

�� 710�� Tax Assessor�� 7,600.00�� 9,600.00

�� 727�� Plumbing Inspector�� 3,400.00�� 5,000.00

�� 728�� Electrical Inspector�� 3,100.00�� 4,100.00

�� 729�� Fire Subcode�� 3,200.00�� 5,200.00

�� 733�� Group Insurance�� 585,000.00�� 635,000.00

�� 745�� Police OE�� 65,000.00�� 69,000.00

�� 746�� Police Traffic S&W�� 57,000.00�� 67,000.00

�� 749�� Fire Dept. OE�� 2,000.00�� 3,000.00

�� 753�� Fire Prevention Inspect.�� 12,500.00�� 14,500.00

�� 761�� Senior Citizens Transportation�� 150.00 �� 750.00

�� 765�� Streets & Roads OT�� 00.00�� 20,000.00

�� 765�� Streets & Roads OE�� 17,000.00�� 28,000.00

�� 770�� Solid Waste Collection S&W�� 54,000.00�� 64,000.00

�� 770�� Solid Waste Collection O/E�� 25,750.00�� 26,000.00

�� 772�� Buildings & Grounds S&W�� 17,500.00�� 18,500.00

�� 772�� Buildings & Grounds OE�� 30,500.00�� 32,500.00

�� 785�� Board of Health S&W�� 24,000.00�� 26,000.00

�� 790�� Public Assistance�� 3,200.00�� 5,200.00

�� 795�� Recreation S&W�� 39,500.00�� 49,500.00

�� 795�� Recreation O/E�� 4,500.00�� 5,500.00

�� 430�� Utilities�� 91,000.00�� 111,000.00

�� 777�� Fire Hydrants�� 32,000.00�� 62,000.00

�� 833�� Court S&W�� 50,000.00�� 55,000.00

�� 833�� Court O/E�� 6,000.00�� 6,100.00

�� 827�� Tipping Fees�� 66,000.00�� 91,000.00

834 Unemployment Compensation�� 00.00�� 10,000.00

�� 837�� Contribution to S.S.�� 62,000.00�� 77,000.00

RESOLUTION NO. 11

�

WHEREAS, �� the New Jersey Senate Labor Committee is considering S-477, and,

WHEREAS, �� the bill termed the �Responsible Employer Act� if passed, would require certain employers to provide health benefits or a healthcare tax for certain employees who work in excess of 15 hours per week, and

WHEREAS,� the Borough of Kenilworth employs several employees and potential contractors that would be affected by the proposed legislation and,

WHEREAS, �� the cost to Borough to provide these benefits or to incur a healthcare tax would greatly increase Borough expenses which in return would increase taxes.

NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council hereby oppose S-477 and urge members of the Senate and Assembly to not enact the proposed legislation.

Adopted this 10^th day of May, 2006

�RESOLUTION NO. 12

�� PROCLAMATION

WHEREAS,� Myasthenia Gravis is a neuromuscular disease striking children and adults, affecting control of voluntary muscles and afflicting several hundred of our fellow new Jerseyans; and

WHEREAS,� the Myasthenia Gravis Foundation of America, Inc. is a non-profit organization founded, �to facilitate the timely diagnosis and optimal care of individuals affected by myasthenia gravis and closely related disorders, and to improve their lives through programs of patient services, public information, medical research, professional education, advocacy, and patient care�; and

�WHEREAS,� Myasthenia Gravis is the most common neuromuscular disorder affecting the residents of New Jersey; and

WHEREAS,� it is fitting to recognize the many physicians who demonstrate an untiring effort to treat this disease and search for a cure;

NOW, THEREFORE, I, MAYOR G�� REGG� F. DAVID, Mayor of the Borough of Kenilworth, do hereby proclaim��

�� JUNE 2006

MYASTHENIA GRAVIS AWARENESS MONTH

in the Borough of Kenilworth

GENERAL BUSINESS

Mayor David requested a moment of silence for the passing of� Mrs. Ann LaCosta. Mrs. LaCosta was a long-time teacher at Harding School as well as a past-president of the Kenilworth Senior Citizen Club, a member of the Library Board and many other services for the Borough throughout her lifetime.

�� Councilman Soos reminded everyone of the benefit being held tomorrow night for retired Police Officer Arthur Wright at the VFW from 7:00 PM to 11:00 PM, tickets are $20.00.�

MEETING OPENED TO THE PUBLIC

Elizabeth Rehberger, 45 North 9^th Street sent several letters and attended several Council Meetings regarding the removal of a tree. Ms. Rehberger has been pursuing this matter for 10 months� and would like a response from the Council.

Mr.� Cohen responded that he has referred the matter to the Borough Engineer and has requested him to take measurements.� The Borough Engineer, Mr. Swayze,� was given a copy of the survey and Mr. Cohen is waiting to hear back from him.�

Mayor David apologized for the delay and asked Mr. Cohen to follow-up with Mr. Swayze and to contact Ms. Rehberger by the beginning of next week. Mayor David requested Ms. Rehberger phone number.

Livio Mancino, 102 North 24^th Street stated that the Police Pension Plan has gone up 46% from $105, 000.00 to $232,000.00.

Mayor David responded that the Pension System has been under funded for years and the State has mandated all Municipalities to meet that obligation.� This is one of the biggest increases this year.

Mr. Mancino stated that the traffic light at Schering-Plough has a left hand turn signal that does not shut off.

Councilwomen Colosimo responded that the light in front of Schering-Plough is not owned or maintained by Kenilworth.� Ms. Colosimo also reminded Mr. Mancino that the Chief has already addressed this situation with Mr. Mancino personally� and advised him that the light at Schering-Plough is not maintained by the Borough of Kenilworth.

Mr. Mancino asked the Council to contact the bonding people regarding a crack up the middle of� the street� on North 24^th Street from the Boulevard to Washington Avenue.�

Mr. Mancino also reminded the Council about keeping a Crossing Guard at 18^th Street for the Kindergarten children that leave school at 1:30.

Mr. Mancino expressed concern about the fact that the Borough Attorney was present at the last AdHoc meeting on the apartment rental Ordinance.

Mr. Cohen responded that the purpose of the meeting was to get input from the AdHoc Committee as to what aspects of the proposed current Ordinance they did not like and what aspects the Council should consider. Mr. Cohen advised Mr. Mancino that the purpose of� him attending the meeting was to see what the committee had to recommend so that he could prepare the Ordinance.

Kathi Fiamingo, 468 Sheridan Avenue asked if the meeting on Saturday was a formal open meeting.

Council responded that the meeting was an open meeting.

Jerry Ramos, 337 North 19^th Street commented that the purpose of the AdHoc Committee was to give some input into the drafting of an Ordinance to regulate the apartments in town.� He said the Adhoc Committee has gone far and above what they were asked to do. That fact that they object to the Council having an attorney at the meetings and the fact that they want to record the meetings� is testimony that they have gotten out of hand.

Kathi Fiamingo responded that the AdHoc Committee was formed at the request of� Councilman Soos to assist the Council with regard to the landlord Ordinance.

Robert Herbert, 363 Coolidge Drive commented that the Governor is proposing a bill to the Senate that would take away the taxpayers voting rights for school budgeting. He is asking the Mayor and Council to oppose this bill.

Councilman Taylor responded that Senator Roberts proposed that bill. Councilman Taylor suggested this be discussed at the next work session and the Mayor and Council should send a letter opposing the bill.�

Mr. Mancino strongly advised the Mayor and� Council to oppose this bill.

Mayor David advised that if the proposed bill eventually becomes an official bill the Council will discuss it, and if there is a majority position, they will take� the appropriate action. The Council can always rely on The New Jersey League of Municipalities because they always put out a position on most upcoming bills.

ADJOURNMENT

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

8:45

�� Respectfully submitted,

�� Hedy Lipke

�� Borough Clerk

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