REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH� HELD ON WEDNESDAY EVENING, SEPTEMBER 27, 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 DeLuca, Jr. and carried that the Work Session Meeting of� September 12, 2006 and the Regular Meeting of September 13, 2006 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

Hearing on 2006 Budget Amendment

Mayor David introduced John Swisher, from Suplee Clooney. Suplee Clooney is the Borough�s Auditor.� Mr. Swisher advised that Kenilworth is having a public hearing on the amendment to the budget� based on the receipt of the Extraordinary Aid. The amendment is reflecting the increase the Borough received from the Extraordinary Aid Application as well as other revenues� such as Homeland Security Aid.� There are some cuts to the budget that are detailed and a slight increase in the amount of surplus used.� This will reduce the Municipal Rate by 4.1 cents down to 8.7 cents.� You will be voting on that tonight and will follow it up by adopting the budget.�

Mayor David opened the meeting to the public for the hearing on the 2006 Budget Amendment which was passed at the Council Meeting of September 13, 2006.� He stated copies of the Amendment are on the back table.

No one desired to be heard.

Mayor David closed the meeting on the Hearing of the Budget Amendment.

Resolution to Amend Budget (copy attached)

Introduced by Lawrence Clementi, adoption by same

Seconded by Peter Corvelli, upon roll call, all in favor.

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COMMUNICATIONS AND PETITIONS

1. A Civil Action Summons was received on 9/12/06 � �Frank Pugliese, et al vs. Kenilworth Borough Mayor and Council� alleging ordinance banning Duplex Housing is unconstitutional.
2. A Civil Action Summons was received on 9/22/06 � �Rothfeld v. Gino�s Deli vs the Borough of Kenilworth, Third Party Defendants� alleging injuries suffered on 1/8/04 in a slip and fall while leaving Gino�s Deli.
3. Letter from David Krill, President, Kenilworth Volunteer Fire Department, thanking Mayor and Council for their support to the Fire Department�s Carnival.�

REPORTS

1.      Rahway Valley Sewerage Authority Meeting Minutes of August 10, 2006.

It was moved by Councilwoman Colosimo, seconded by Councilman Taylor 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 Facilities Committee has a meeting scheduled for October 4, 2006 at 7:00 pm at Borough Hall.� We will discuss the selection of architects for the public safety building.

This coming Saturday, Schering-Plough Corporation is hosting the Union County heart walk on the Kenilworth Campus.� The event is expected to draw 2,000 to 3,000 walkers and begins at 8:30 and the walk will begin at 10:00 am.� The Borough is hosting a team with a couple of employees and some council members.

DEPARTMENT OF FINANCE

Councilman Clementi thanked Councilman Taylor, Councilman Corvelli, Nancy Nichols and Suplee Clooney, for their help with the budget.�

DEPARTMENT OF PUBLIC WORKS

Councilman Deluca reported that bulky waste cleanup was completed last Thursday.� On October 2, 2006, David Gassmann with start work with the Department of Public Works. David is a resident of Kenilworth and has his Class B CDL license.

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DEPARTMENT OF PUBLIC SAFETY

Councilwoman Colosimo asked Police Chief Dowd to speak with the Town Attorney regarding the St. Theresa�s Ordinance.

�

DEPARTMENT OF PLANNING, ZONING AND ORDINANCES��

Councilman Soos reported that North 17^th Street is completed with the exception of a couple of punch-list items such as stripping. DiMario Park received the soil erosion permit and that project will be starting next week.� The construction for Lafayette Pump Station will start October 1, 2006 and will be completed by Thanksgiving. The 2006 Roadway Project plans and specs will be available tomorrow. The Borough will be taking bids for the road project on October 23, 2006. In Capital Projects we have about $20,000.00 to $30,000.00 for sewer repairs.� The Engineer is going to meet with our DPW Superintendent, Dan Ryan to go over the plans.

DEPARTMENT OF RECREATION, LIGHTING AND ECOLOGY

Councilman Corvelli reported the construction on the Fire Department building is coming along nicely. Painting and the drop ceiling are now being worked on.� The Recreation Department had sign-ups for basketball this week. The Recreation Department needs volunteers.� I have the resignation letters of two Recreation members and those positions need to be replaced.

DEPARTMENT OF HEALTH, EDUCATION AND WELFARE

Councilman Taylor reported the Library Board received� a proposal from a professional planning company with regard to a needs assessment for potential expansion of the building. The Library Board is interviewing additional professionals over the next couple of months before making a decision.� A meeting regarding the Kenilworth TV 36 has been scheduled for October 18, 2006 with the Board of Education.� The Board of Education has engaged a consultant for needs assessment on the equipment that we have and the equipment we need for the future of the television station.

BILLS

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

CONSENT AGENDA

Resolutions No. 1 through No. 9 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.

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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 the Borough Clerk be authorized to issue Bingo Licenses to:

#02-07� St. Theresa�s Church to hold Bingo once a week on Fridays from January 1, 2007 to December 31, 2007 at 541 Washington Avenue, Kenilworth, NJ.

#03-07� St. Theresa�s Rosary Society to hold Bingo once a week on Sundays from January 1, 2007 to December 31, 2007 at 541 Washington Ave., Kenilworth, NJ.

#03-05� St. Theresa�s Father�s Guild to hold Bingo once a week on Saturdays from January 1, 2007 to December 31, 2007 at 541 Washington Avenue, Kenilworth, NJ.

RESOLUTION NO. 3

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 refunded to the property owner:

Vincent Paparato

���������� 295 N. Michigan Ave.

���������� ����������� Application #05-035

���������� Block #48, Lot #1.02

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Property located at:� 103 No. 23^rd Street

����������� ����������� ����������� � Block #48, Lot #1.02

RESOLUTION NO. 4

WHEREAS, it has been determined that real estate taxes for the year 2005 have been overpaid due to a New Jersey State Tax Court Judgment.

NOW, THEREFORE BE IT RESOLVED that the Treasurer be and is hereby authorized to draw a warrant payable to �Michael A. Vespasiano, Attorney Trust Account� in the amount following their respective names and property location and further deliver said warrants to the Collector of Taxes for proper notation on tax account,� also

Block ����������� Lot����� ����������� ����������� Name/Prop Loc. ���� ����������� Amount

87������� ����������� 5��������� ����������� ����������� Sara Sons Rlty.� Co.����������� $584.60

����������������������� ����������������������� ����������� 22 No. 26^th St.

����������������������� ����������������������� ����������� Total to Refund���� ����������� $584.60

RESOLUTION NO. 5

Be It Hereby Resolved:�

WHEREAS, Wells Fargo Home Mortgage is responsible for paying taxes on block 24.01, Lot 7, assessed to Gustavo Cervants and:

WHEREAS, Wells Fargo Home Mortgage paid taxes on block 37, lot 13 assessed to Leonard and Louisa LaTorre in error; and

WHEREAS, Wells Fargo Home Mortgage has provided sufficient proof of payment to the Tax Collectors� office of the erroneous payment;

NOW, THEREFORE BE IT RESOLVED that the Treasurer after proper notation on the tax account records by the Collector of Taxes be and is hereby authorized to issue warrants for refund as stated below.

Block ����������� Lot����� ����������� ����������� Payable to:�������������� ����������� ����������� Amount

37������� ����������� 13������� ����������� ����������� Wells Fargo Home Mortgage ����������� $2,203.43

����������������������� ����������������������� ����������� 1 Home Campus

����������������������� ����������������������� ����������� Des Moines, IA� 50328

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RESOLUTION NO. 6

Be It Hereby Resolved:�

WHEREAS, an application has been filed for a Person-to-Person Transfer of Plenary Retail Distribution License Number 2008-44-009-002, heretofore issued to Shah Beverage, Inc. t/a Kenilworth Liquors for premises located at 512 Boulevard, Kenilworth, New Jersey:

WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid, and the license has been properly renewed for the current license term;

WHEREAS, the applicant has disclosed and the issuing authority reviewed the source of all funds used in the purchase of the license and the licensed business and all additional financing obtained in connection with the license business;

NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of Kenilworth does hereby approve, effective September 27, 2006, the transfer of the aforesaid Plenary Retail Distribution License to Lehar Liquor Corp. t/a Kenilworth Liquors, and does hereby direct the Borough Clerk to endorse the license certificate to the new ownership as follows:� �This license, subject to all its terms and conditions, is hereby transferred to Lehar Liquor Corporation, 512 Boulevard, Kenilworth, NJ,� effective October 5, 2006.

RESOLUTION NO. 7�

Be It Hereby Resolved:� �That David Gassmann be employed as a CDL Driver/Laborer in Kenilworth Department of Public Works at a rate of $14.00 per hour effective as of October 2, 2006.

RESOLUTION NO. 8

�����������

WHEREAS,� October 23 through October 31, 2006 has been designated Red Ribbon Week, and

WHEREAS,� Red Ribbon Week started in 1985 with a group of parents wearing red satin badges as a memorial to Enrique Camarena, a Federal Drug Enforcement Administration Agent who was killed while on duty, and

WHEREAS,� as a result, in 1989 the red ribbon became a united symbol of commitment to create a drug-free America, showing a nation�s intolerance to alcohol and drug abuse, and

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WHEREAS,� the Municipal Alliance of the Borough of Kenilworth, whose mandate includes spreading the message of drug and alcohol abuse prevention, has coordinated city and school participation by sponsoring Red Ribbon Week, and

WHEREAS,� the Borough of Kenilworth though the efforts of the Municipal Alliance and the Kenilworth Public Schools, will proudly join the nation�s celebration of Red Ribbon Week by displaying red ribbons throughout the Borough - at Borough Hall, in the business district, at schools, and at places of worship.

THEREFORE, I, Gregg David, Mayor of the Borough of Kenilworth do hereby proclaim October 23 through October 31, 2006 as

����������������������� ����������������������� ���� RED RIBBON WEEK

In the Borough of Kenilworth and ask all residents to join in a personal commitment to a drug-free America by wearing and displaying red ribbons during Red Ribbon Week.

����������� In witness thereof, I have hereunto set my hand and caused the Seal of the Borough of Kenilworth to be affixed this 27th day of� September in the year of our Lord, two thousand and six.

RESOLUTION NO. 9

WHEREAS, Kenilworth Post No. 2230 Veterans of Foreign Wars is celebrating its 75^th Anniversary and re-dedication of Veterans Memorial Park on October 7, 2006; and

WHEREAS, Kenilworth VFW Post 2230 was originally formed on October 15, 1931 and the charter issued on December 15, 1931 by the National VFW to the First Commander Edwin Savidge; and

WHEREAS, VFW meetings were held in various location in Kenilworth and on October 1, 1949 ground breading for the VFW Building took place; and

WHEREAS, ����������� dedicated VFW members and friends volunteered their services to� construct and raise funds for the building and in September 1959 the building and Veterans Memorial were dedicated; and

WHEREAS, throughout the years Kenilworth Post 2230 Veterans of Foreign Wars has fostered patriotism and endeavored to cultivate an appreciation of the responsibilities� and benefits of being an American; and

WHEREAS, VFW Post 2230 has over the years made contributions to the community, the schools and youth sports programs.

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NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Kenilworth that October 7, 2006 be proclaimed

����������������������� ����������� �VETERANS OF FOREIGN WARS POST 2230 DAY�

in the Borough of Kenilworth.

BE IT FURTHER RESOLVED that the Governing Body on behalf of all the citizens of Kenilworth congratulate VFW Post 2230 on their 75^th Anniversary and thank them for their invaluable contributions to the Borough and our Country.

RESOLUTION NO. 10

Adoption of 2006 Municipal Budget (copy attached)

Introduced by Lawrence Clementi, adoption by same

Seconded by Peter Corvelli

Upon roll call, all in favor.

Proposed Ordinance No. 2006-14 was read for the second and final reading as follows: (Copy appears in the minutes of� 9/13/06).

����������������������� ����������������������� ����������� Ordinance 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 advised this is a second reading for road improvements for 2006. The road improvements for 2006 are, Dorset Drive from Boulevard to Epping Drive, Union Avenue from Bloomingdale to Faitoute, South 25^th from Passaic Avenue to Richfield Avenue, Summit Avenue from Michigan to the dead end and North 12^th Street from Sheridan to the dead. The Ordinance also mentions reconstruction of Roosevelt Lane which may have to be slightly modified due to the need for more drainage improvements.� There will also be about 1800 linear feet of curb reconstruction on the Boulevard.

Mayor David stated that since this is a second and final reading he opened the meeting to the public.� No one desiring to be heard, the meeting was closed to the public.�

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RESOLUTION NO. 11

Introduced by Frederick Soos, adopted by same

Be It Hereby Resolved:�� That Proposed Ordinance No. 2006-14, 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. 2006-15 was read for the second and final reading as follows: (Copy appears in the minutes of� 9/13/06).

����������������������� ����������������������� ����������� Ordinance 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 advised this is a second reading for the purchase of a new street sweeper. Our current street sweeper is over 10 years old and has outlived its useful life and additionally it no longer meets state requirements in terms of storm water contamination.�

Mayor David stated that since this is a second and final reading he opened the meeting to the public.� No one desiring to be heard, the meeting was closed to the public.�

RESOLUTION NO. 12

Introduced by Anthony DeLuca, Jr., adopted by same

Be It Hereby Resolved:�� That Proposed Ordinance No. 2006-15, be and the same is hereby passed on second and final reading and ordered published according to law.

Seconded by Robert Taylor and on roll call, unanimously carried.

Proposed Ordinance No. 2006-16 was read for the first reading as follows: (Copy attached)

����������������������� ����������������������� ����������� Ordinance 2006-16

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AN ASSESSMENT BOND ORDINANCE AUTHORIZING LOCAL IMPROVEMENTS CONSISTING OF THE CONSTRUCTION OF APPROXIMATELY 870 LINEAR FEET

OF NEW CURBS ALONG DORSET DRIVE, FROM BOULEVARD TO EPPING; APPROXIMATELY 400 LINEAR FEET OF NEW CURBS ALONG UNION AVENUE, FROM BLOOMINGDALE AVENUE TO FAITOUTE AVE; APPROXIMATELY 500 LINEAR FEET OF NEW CURBS ALONG 25 STREET FROM PASSAIC TO RICHFIELD AVENUE; APPROXIMATELY 540 LINEAR FEET OF NEW CURBS ALONG SUMMIT AVENUE FROM MICHIGAN TO DEAD END; AND APPROXIMATELY 270 LINEAR FEET OF NEW CURBS ALONG 12^TH STREET NORTH OF SHERIDAN, IN, BY AND FOR THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, NEW JERSEY, APPROPRIATING AN AGGREGATE AMOUNT OF $213,395 THEREFORE, AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $202,725 IN AGGREGATE PRINCIPAL AMOUNT OF BONDS OR NOTES TO FINANCE PART OF THE COST THEREOF AND DIRECTING A SPECIAL ASSESSMENT OF THE COST THEREOF.

Mayor David advised this Bond Ordinance is for the construction of the Belgian block curbs for the streets that have been approved in the 2006 Capital Improvements budget. Curbs are for Dorset Drive, Union Avenue, South 25^th Street, Summit Avenue

and North 12^th Street.

This a first reading and anyone interested in speaking on this Ordinance can do so on October 11, 2006. Copies are in the back of the room or you can pick one up at the Clerks office.�

RESOLUTION NO. 13

Introduced by Frederick Soos, adopted by same

Be It Hereby Resolved:�� That proposed Ordinance No. 2006-16, be and the same is hereby passed on first reading and ordered published for final hearing on October 11, 2006.

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

GENERAL BUSINESS

Mayor David announced the Historical Society is sponsoring a Casino Night on Friday, October 6, 2006 at 7:00 pm at Schering-Plough.� We encourage you to support the Historical Society by coming to this event and help raise money for the Nitschke House. Tickets can be purchased at the door.

On Saturday, October 7, 2006, Kenilworth VFW Post 2230 is celebrating their 75th Anniversary celebration with a parade. The parade is starting at 1:00 at Flexi Van and

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ends at the Kenilworth Veterans Center and there will be a ceremony for the Memorial Park.

In honor of the VFW�s 75^th Anniversary we have a resolution. We will present this Resolution to the VFW on October 7, 2006. Mayor David read the Resolution and thanked Hedy Lipke for putting the resolution together.

Also next Sunday, October 8th is the Boroughs annual Octoberfest. The event starts at 11:00 am and ends 5:00.� Proceeds from this event help fund the 4^th of July fireworks as well as the Holiday Celebration in December.��

MEETING OPENED TO THE PUBLIC

Bob Herbert,� 366 Coolidge Drive � Mr. Herbert notified the Council that the light pole in front of the Senior Citizen Building is loose. The Council agreed to look into it. Mr. Herbert asked the Mayor if the Council has a location for the new Safety Building. Mayor David advised that he did not.�

ADJOURNMENT

There being no further business to come before the Council, it was moved by Councilman Soos, seconded by Councilman Clementi 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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