REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH� HELD ON WEDNESDAY EVENING, SEPTEMBER 13, 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� August 22, 2006 and the Regular Meeting of August 23, 2006 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS

1. A Civil Action Summons was received on 8/23/06 regarding �Richard Sheahan on Behalf of Sonnie Sheahan v. Kenilworth Department of Recreation and the Kenilworth Board of Education alleging injuries which occurred at Brearley High School while under the supervision of the Recreation Wresting Program.
2. Letter from Michael Klein, 218 North 12^th Street, regarding his objection to the FAA�s proposal plan to use runway 11/29 as the primary departure and arrival runway.
3. Letter from St. Theresa�s Church asking that Washington Avenue in front of the church be blocked off for their Parish Block Party on September 16, 2006.
4. Letter from Ralph & Lois Boeninghaus, 533 Richfield Avenue, thanking the Police Department, the Fire Department and the Public Works Department for their prompt response to wires and tree branches brought down during Hurricane Ernesto.

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REPORTS

1.      Kenilworth Board of Education Meeting Minutes for the months of June and July, 2006

2.      Municipal Clerk Report for the month of August, 2006.

3.      Police Department Report for the month of August, 2006.

4.      Construction Department Report for the month of August, 2006.

5.      Borough Clerk�s Report for the month of August, 2006.

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

MAYOR�S REPORT

Mayor David reported the County has turned over the title to the Senior Citizen Van to the Borough. The County sponsored a program called �Seniors in Motion� which supplied a van to the Borough and at the end of the program the van becomes the Borough�s property.

Mayor David also reported that he has a copy of the annual report from the Union County Prosecutors Office. If anyone is interested in this report, they can go to the Borough Clerks office.

DEPARTMENT OF FINANCE

Councilman Clementi reported that on tonight�s agenda, under Resolution No. 5,� the Council will be amending the 2006 budget. The Borough was waiting for additional aid from the State which it did not receive.� We will be adopting the budget on September 27, 2006.

DEPARTMENT OF PUBLIC WORKS

Councilman DeLuca reported the street sweeper is back in service after being down for� two weeks. The Borough is accepting applications for driver/laborer position for the DPW.� Interviews for the position will begin next week. Bulk waste pick up starts today for the north side of town and next Wednesday for the south side of town.� The DPW finished painting cross walks and will start painting yellow curbs by the end of next week.

DEPARTMENT OF PUBLIC SAFETY

Councilwoman Colosimo reported that she had a report from Chief Dowd recommending the Borough� not make North 17^th Street a one-way street. Lt. Grady, the Boroughs Traffic Supervisor, reported that after speaking with residents on North 17^th he found� they are not in favor of making the street a one-way or parking on only one side of the street. He also advised that in making it a one-way it would increase the traffic on� North 19^th Street.

Councilwoman Colosimo reported� the Police Department has installed the trailer� that was donated by the Roselle Park Board of Education. John Scoruzo from Roof It has patched the leaking roof on the trailer and suggested that if we plan to keep the trailer that the entire roof be rubber coated.

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Councilwoman reported that on August 1, 2006 Councilman Soos and Chief Dowd attended National Night Out. On August 20, 2006 Officer Mark Scuderi and Officer Joseph Balwierczak responded to a 911 call for assistance for a man that was down. When the officers arrived they found the 70 year old victim on the floor and he was not breathing and had no pulse. The officers used a defribulator, CPR was performed by First Aid Squad member Shelly Trukowski and the person was revived.

Councilwoman Colosimo read a letter from Ralph and Louise Boeninghaus expressing their gratitude to the Kenilworth Police Department and Fire Department for their quick action after winds from hurricane Ernesto downed some electrical wires in front of their home on Richfield Avenue. They secured the street until PSE&G arrived to repair the damages hours later. They also thanked the Department of Public Works who quickly arrived the next morning to remove the trees and limbs. They commended all the departments for preventing a dangerous situation.��

Councilwomen Colosimo also read a letter to Chief Dowd from the family of Kenneth Sokal commending Officers Joseph Balwierczak, Mark Scuderi and Captain Scott Phillips for their promptness in responding to their medical emergency.� The family related that their father collapsed and went into cardiac arrest with no signs of life. The officers responded to the call immediately and took control of the situation and because of their effort their father is alive today.� After the paramedics arrived, the officers continued to stay at our Mr. Sokal�s� side until he was stabilized and� transported to Overlook Hospital. Their promptness and professionalism will never be forgotten.� The family of Mr. Sokal reported they will be eternally grateful for the police officers effort in saving their fathers life.

DEPARTMENT OF PLANNING, ZONING AND ORDINANCES��

Councilman Soos reported that he met with seven members of NJ American Water Company to resolve the water problem on Park Drive and Tulip Court.� The water company found and corrected two water leaks, one at the last house in the cul-de-sac on Tulip Drive and the other on Park Drive. They are also going to replace a leaking fire hydrant. The water company also did a survey on Shady, Commonwealth, Park and Tulip to determine if there are any other water leaks.�

The curbs are completed on 17^th Street. They are working on the driveways and then they� will start putting in the stone, the base and eventually the top.�

The Borough will� be putting out road bids for the rest of the roads to be done this year which include Summit, South 25^th, Union, Roosevelt and Dorsett.� We are also going to start a� three year program to put in new curbs on the Boulevard. There are many places on the Boulevard where the curbs have disintegrated. We have been notified by the County that within the next year three years they hope to repave the Boulevard.� We hope to get the curbs in before the road gets paved.

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DEPARTMENT OF RECREATION, LIGHTING AND ECOLOGY

Councilman Corvelli reported that he is meeting with the Recreation Department tomorrow.� Basket Ball sign-ups are on Saturday September 23, 10:00 am to 12:00 pm and Monday September 25^th from 7:00 to 9:00.

The Fire House construction is progressing and they are proceeding with the spackling, priming and painting.

DEPARTMENT OF HEALTH, EDUCATION AND WELFARE

Councilman Taylor advised that the Library Board Meeting is tomorrow evening. The Health Fair is Saturday, September 16, 2006 at Schering-Plough, starting at 9:00 am.

BILLS

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

CONSENT AGENDA

Resolutions No. 1 through No. 4 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 Deluca moved that all items under Consent Agenda be approved, seconded by Councilman Soos.� 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 the following Raffle Licenses:

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����������� ����������� #869��� David Brearley Middle/High School PTO on November 7 & 21, 2006, December 5 & 19, 2006 and January 2, 16 and 30, 2007 at 401 Monroe Avenue, Kenilworth, NJ for a Calendar Lottery Raffle.

����������� ����������� #870��� Kenilworth Historical Society on November 4, 2006 at North 22^nd Street, Kenilworth, NJ for an On-Premise 50/50 Raffle

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����������� ����������� #871���� St. Theresa�s Church & School on November 25, 2006 at 544 Washington Ave., Kenilworth, NJ for an Off-Premise 50/50 Raffle

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#872���� St. Theresa�s Church & School on November 25,� 2006 at 544 Washington Ave., Kenilworth, NJ for� On-Premise 50/50 Raffle.

#873��� St. Theresa�s Home School on October 8, 2006 at Kenilworth Boulevard, Kenilworth, NJ for Off-Premise 50/50 Raffle.

#874�� Knights of Columbus Council 4186 on October 8, 2006 with a raindate of October 15, 2006 at Boulevard and 23^rd Street,� Kenilworth NJ for Games of Amusement.

RESOLUTION NO. 3

RESOLUTION NO. 4

Be It Hereby Resolved:�� That the �Preventive Maintenance Contract for the HVAC Equipment for the Kenilworth Senior Citizen Building� be awarded to Colonia Refrigeration & Air Conditioning, Inc., 733 Grove Street, Rahway, NJ� 07065 for a one-year period from September 14, 2006 to September 14, 2007 at an annual cost of $1,275.00

RESOLUTION NO. 5 (Roll Call)

Introduced by Lawrence who also moved to its adoption

Resolution appears on the following page.

Be It Hereby Resolved:�

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WHEREAS, the local municipal budget for the year 2006 was approved on the 22nd day of March, 2006 and

WHEREAS, the public hearing on said budget has been held as advertised, and

WHEREAS, it is desired to amend said approved budget, now

THEREFORE, BE IT RESOLVED, by the Borough Council of the Borough of Kenilworth, County of Union, that the following approved budget of 2006 be made:

BE IT FURTHER RESOLVED, that two certified copies of this resolution be filed forthwith in the Office of the Director of Local Government Services for her certification of the local municipal budget so amended.

BE IT FURTHER RESOLVED, that this complete amendment, in accordance with the provisions of N.J.S.A. 40a:4-9, be published in the Cranford Chronicle in the issuance of September 21, 2006, and that said publication contain notice of public hearing on said amendment to be held at Municipal Building on September 27, 2006 at 8:00 (p.m.)

It is herby certified that this is a true copy of a resolution amending the budget, adopted by the governing body on the 13^th day of September, 2006.

Hedy Lipke reported the total general appropriations went from $12,020,665.18 to 11,902, 499.68.

Seconded by Frederick Soos and upon roll call all in favor.

Proposed Ordinance No. 2006-13 was read for the second and final reading as follows: (Copy appears in the minutes of� 8/23/05).

����������������������� ����������������������� ����������� Ordinance 2006-13

AN ORDINANCE REPEALING CHAPTER 98 (FLOOD DAMAGE PREVENTION) AND ENACTING A NEW FLOOD DAMAGE PREVENTION ORDINANCE

Mayor David stated� this is an Ordinance that repeals the Boroughs existing Flood Damage Prevention Ordinance and replaces it with a new one.� This Ordinance has been mandated by the State of New Jersey.� All Municipalities within the State are obligated to pass this Ordinance.� Mayor David stated that since this is a second reading, he will open the meeting to the public.� No one desiring to be heard, the meeting was closed to the public.

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RESOLUTION NO. 6

Introduced by Anthony Deluca, Jr. who also moved� its adoption

Be It Hereby Resolved:�� That proposed Ordinance No. 2006-13 be and the same is hereby passed on second and final reading and ordered published according to law.

Seconded by Lawrence Clementi and on roll call unanimously carried.

Proposed Ordinance No 2006-14 was read for the first reading as follows: (Copy attached)

����������������������� ����������� ����������� ORDINANCE NO. 2006-14

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 $877,774 THEREFORE AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $833,885 IN AGGREGATE PRINCIPAL AMOUNT OF BONDS OR NOTES TO FINANCE PART OF THE COST THEREOF.

Mayor David stated this Ordinance sets in motion the funding for the Borough�s 2006 road improvements.� The road improvements for 2006 include partial reconstruction of Dorset Drive from the Boulevard to Epping Drive, partial reconstruction for Union Avenue from Bloomingdale Avenue to Faitoute Avenue, partial reconstruction of South 25th Street, from Passaic Avenue to Richfield Avenue, partial reconstruction of a portion of Roosevelt Lane, partial reconstruction of Summit Avenue, from Michigan to the dead end and partial reconstruction of North 12th Street from Sheridan Avenue to the dead end and partial reconstruction of curbs on the Boulevard.� This is a first reading and anyone interested in speaking on this Ordinance can do so at the second reading on September 27, 2006.� Copies of this Ordinance are in the back of the room or you can pick one up at the Borough Clerks Office.

Mayor David advised that the usual practice is that we have the Ordinance for curb assessments associated with these streets ready to be introduced at the same as the actual improvements but that is still being worked on and we anticipate having the introduction of that Ordinance at our next council meeting on September 27, 2006.

RESOLUTION NO. 7

Introduced by Frederick Soos who also moved its adoption

Be It Hereby Resolved:�� That proposed Ordinance No 2006-14, be and the same is hereby passed on first reading and ordered published for final hearing on September 27, 2006.

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Seconded by Anthony Deluca, Jr. and on roll call unanimously carried.

Resolution appears on the following page.

Proposed Ordinance No. 2006-15 was read for the first reading as follows: (Copy attached)

����������������������� ����������� ����������� Ordinance No. 2006-15

A BOND ORDINANCE AUTHORIZING THE PURCHASE OF A STREET SWEEPER, IN, BY AND FOR THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, NEW JERSEY, APPROPRIATING AN AGGREGATE AMOUNT OF $134,750 THEREFORE AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $128,012 IN AGGREGATE PRINCIPAL AMOUNT OF BONDS OR NOTES TO FINANCE PART OF THE COST THEREOF.

Mayor David reported that this Ordinance puts the funding in place to purchase a new street sweeper. Our existing street sweeper is approximately 12 years old and has outlived its useful life and it no longer complies with DEP storm water regulations.� The Borough is in dire need of a new street sweeper and this is the funding to purchase a new street sweeper.� This a first reading and anyone interested in speaking on this Ordinance can do so on September 27, 2006. Copies are in the back of the room or you can pick one up at the Clerks office.� Second reading is scheduled for September 27, 2006.

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RESOLUTION NO. 8

Introduced by Anthony DeLuca, Jr. who also moved its adoption

Be It Hereby Resolved:�� That proposed Ordinance No. 2006-15, be and the same is hereby passed on first reading and ordered published for final hearing on September 27, 2006.

Seconded by Lawrence Clementi and on roll call unanimously carried.

GENERAL BUSINESS

Mayor David commented that on Monday, September 11, 2006 the Borough had a very nice ceremony in front of Borough Hall.� The Mayor was on vacation and in his absence, Councilwoman Colosimo along with the Borough Clerk, Hedy Lipke, Chief Dowd, Jonathan Lipke and Jerry Ramos put together a very nice ceremony which was well attended.

Councilwoman Colosimo thanked Kenilworth residents, the Police Department and Fire Department for coming to the ceremony.

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MEETING OPENED TO THE PUBLIC

Joseph Grimaldi, 32 North 11th Street -� Mr. Grimaldi commented that he would like trash cans to be put outside the fence at Brearley School during football and soccer games .� He also commented that more than two buses at a time are parking on 14th street and they should be parking in Brearley parking lot.

Councilwoman Colosimo advised Mr. Grimaldi� that she would bring this matter to the attention of the Board of Education at the next meeting.

Mr. Grimaldi inquired as to the status of� a light being installed at the end of 12th Street.

Mayor David advised that Lt. Grady reviewed that area of the street and there was a little confusion as to exactly what part of the street needed the light.� Mayor David advised that they have approved putting the light on 12th Street, and right now it is just a matter of exactly where on the street the light should be put.� The Mayor did advise that the light would be facing the street.

Mr. Grimaldi also advised there were potholes on the street. Mayor David advised that Councilman Deluca, being the representative of the DPW would look into having the potholes filled.

Fred Pugliese, 306 North 8th Street � Mr. Pugliese asked if the budget went from 12,020,665.18 to 11,902,499.68 and if the amount saved was $118,000.00.The Mayor advised that yes that was correct.� Mr. Pugliese asked what departments were affected by the reduction in the budget. Councilman Clementi reported that cuts were made to just about every department.� Mr. Pugliese asked if the amended budget tapped into the Town surplus? Councilman Clementi replied that yes it does to the extent of $40,000.00.

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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