Council Minutes from 10/11/2006

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH� HELD ON WEDNESDAY EVENING, OCTOBER 11, 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, and Robert Taylor. Frederick Soos was absent.

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 DeLuca, seconded by Councilman Taylor, and carried that the Work Session Meeting of� September 26, 2006 and the Regular Meeting of September 27, 2006 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS

1. Letter from the County of Union regarding Deer Carcass Removal which is no��

longer provided by the State.� The Union County Freeholders have decided to administer and fund the Deer Carcass Removal for municipalities as a Shared Service.

2. A check in the amount of $4,327.92 was received from the State for FY06��

�� Recycling Tonnage Grant.

REPORTS

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

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

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

It was moved by Councilwoman Colosimo, 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 that he will be out of town on business from October 15, 2006 to October 19, 2006.� Councilman President Soos will be acting Mayor.

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The Facilities� Committee met last week with the public safety building�s construction manager. The construction manager had put together a list of architects to design the new building.� The list contained about ten architects.� The Facilities Committee narrowed the list to four architects, which the Facility Committee plans on interviewing on November 1, 2006, which is also the date of the next Facilities meeting.�� Mayor David reported there has not been a selection of a site at this point in time and no additional action has been taken on the Public Safety Building.

Mayor David reported the annual Octoberfest took place this past Sunday which was a spectacular day as far as the weather.� The Octoberfest was very well attended. The Mayor thanked all the major corporate sponsors for their contribution, LaTorre Construction, Precision Escalator Products, St. Theresa�s Church, Seltzer Construction, Elberon Development, United Crane Company and Schering-Plough Corporation.� He also thanked the DPW for doing a fantastic job helping throughout the day and for cleaning up the Boulevard at the end of the day, the Knights of Columbus, Barbara Morison from the Senior Citizens, our Borough Clerk, Hedy Lipke, our Deputy Clerk, Kathi Moschitta, and Pat Howarth. Most importantly the Mayor thanked Madonna Bogus, the Pride in Kenilworth Chairperson. Mayor David stated that he cannot say enough about Madonna, she does a fantastic job overseeing all the events the Pride in Kenilworth sponsors, which are the Fourth of July Fireworks, the Octoberfest and in December our Holiday Celebration. Madonna is extremely organized and without her the event would not have run as well as it did.� The Mayor stated that he does not have a final tally on how much money was made but it is in the neighborhood of $10,000.00.� All the money received from this event goes right back into Community for the Fourth of July Fireworks, the Octoberfest and the Holiday Celebration.

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DEPARTMENT OF FINANCE

Councilman Clementi had nothing to report.

DEPARTMENT OF PUBLIC WORKS

Councilman Deluca thanked the DPW for doing a great job at the Octoberfest.� The new driver/laborer, David Gassmann is doing very well.� The DPW posted the Sanitation job for 2 weeks and Alan Woods will be starting in the Sanitation Department on October 16, 2006. Councilman DeLuca reminded residents that leaf season is here and residents should bring their leaves to the curb, not in bags,� and the three leaf trucks will pick them up.� He also reminded the residents not to mix the leaves with sticks and stones because that will cause the machine to break down.

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DEPARTMENT OF PUBLIC SAFETY

Councilwoman Colosimo reported that she was informed by Chief Dowd that from the police point of view, the Octoberfest was a success, she also thanked the Police Department and Madonna Bogus for a job well done.� Councilwoman Colosimo stated that tonight there is a first reading of an Ordinance repealing and amending Chapter 190-34 pertaining to Washington Avenue.� This amendment stemmed from a meeting that Chief Dowd had with Father Joe and Sister Theresa� from St. Theresa�s School. The Ordinance� changes the traffic flow to protect the children who attend St. Theresa�s School.

DEPARTMENT OF PLANNING, ZONING AND ORDINANCES��

Councilman Soos was absent.� Councilwoman Colosimo reported that Councilman Soos extends his apology for not being here, he is stuck at the airport.� Councilwoman Colosimo reported the bids for the 2006 Road Project will be accepted on October 23, 2006. The improvements to DiMario Park are moving along.

DEPARTMENT OF RECREATION, LIGHTING AND ECOLOGY

Councilman Corvelli reported the addition to the Fire Building is coming along nicely.� The next event for the Recreation Department will be the Halloween Parade on October 21, 2006, 10:00 am at the Recreation Center.� The children will march down the Boulevard to the Harding School cafeteria where there will be prizes, drinks and snacks.� The Council has appointed Pat Boyle to the Recreation Committee and Councilman Corvelli stated that Mr. Boyle has a lot of ideas and will bring a lot of energy to the Recreation Department.

DEPARTMENT OF HEALTH, EDUCATION AND WELFARE

Councilman Taylor reported that the State, as part of a cost cutting measure, is no longer providing the service of removing deer carcasses.� The Union County Freeholders have chosen to pick up this task for the Borough. Councilman Taylor will be attending the Library Board Meeting on Thursday and a joint meeting with the Board of Education next Wednesday and the Board of Health meeting the following Thursday.

BILLS

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

CONSENT AGENDA

Resolutions No. 1 through No. 8 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 five in favor.

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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�� #874�� Kenilworth Historical Society on December 2, 2006� at North 22^nd Street, Kenilworth, NJ for an On-Premise 50/50 Raffle.

�� #875�� Kenilworth Historical Society on November 16, 2006� at South 21^st Street, Kenilworth, NJ for an On-Premise 50/50 Raffle.

�� #876�� Kenilworth Historical Society on December 16, 2006� at North 22^nd Street, Kenilworth, NJ for an On-Premise 50/50 Raffle.

�� #877�� David Brearley Middle/High School PTO on March 3, 2007 at 401 Monroe Avenue, Kenilworth, NJ for an On-Premise Tricky Tray Auction.

�� #878�� David Brearley Middle/High School PTO on March 3, 2007 at 401 Monroe Avenue, Kenilworth, NJ for an On-Premise 50/50 Raffle.

RESOLUTION NO. 3

Be It Hereby Resolved:�

AUTHORIZING THE 2006 CASH MANAGEMENT

PLAN FOR THE BOROUGH OF KENILWORTH

WHEREAS, P.L., 1983, Chapter 8, as amended by P.L. 1997, Chapter 148, and the Local Fiscal Affairs Law; N.J.S.A. 40A:5-14 require that each municipality designate a Cash Management Plan for the deposit and investment of each local unit�s monies.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council that the attached Cash Management Plan of the Borough of Kenilworth be and hereby is adopted.

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RESOLUTION NO. 4

Be It Herby Resolved:

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Whereas, the Borough of Kenilworth held a Tax Sale on March 16, 2005 for delinquent 2004 taxes, and a tax lien was purchased by Michael Mastellone on property located at 208 No. 23^rd Street and known as Block 44 Lot 9, in the Borough of Kenilworth, County of Union,

Whereas, the owner of said property has satisfied said lien, together with interest and costs by payment of amount due at the office of the collector of taxes, and

Now therefore be it resolved, that the Treasurer be and is hereby authorized to draw a warrant to the named lien holder as follows to be refunded upon receipt of the original Certificate of Sale #050003 by the collector of taxes.

Michael Mastellone

P.O. Box 109

Cedar Knolls, NJ�� 07927

Redemption Amount

$15,210.51

Premium

$8, 100

RESOLUTION NO. 5

Be It Hereby Resolved:��

Whereas, the Borough of Kenilworth desires to apply for grant funds for a KIDS RECREATION TRUST GRANT available from the County of Union; and

Whereas, in order to obtain such a grant, it is necessary for the Borough of Kenilworth to submit an application and to enter into an agreement with the County of Union with regards to such grant.

Whereas, the Borough of Kenilworth is applying for a grant for the following:

�� Equipment�� =�� $5,000

�� Field Improvement = $25,000

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Whereas, the Borough of Kenilworth agrees to provide the match of the above as required.

Now, Therefore, Be It Resolved that the Mayor of� the Borough of Kenilworth be hereby authorized to request and execute any and all documents necessary for the submission and completion of such application on behalf of the Borough of Kenilworth.

RESOLUTION NO. 6

Be It Hereby Resolved:� That Alan Wood be transferred from the Road Department to the Sanitation Department as a Laborer at a rate of $168.50 per diem effective as of October 16, 2006

RESOLUTION NO. 7

Be It Hereby Resolved:�� That Interlocal Services Agreement with the City of Rahway for Type 13 Bulky Waste Pickup and Disposal for the Years 2007, 2008 and 2009 be ratified and that the Mayor and Borough Clerk be authorized to sign said Agreement. Cost as follows:� 2007= $53,200.00

�� 2008 = $55,860.00

�� 2009 = $58,653.00

RESOLUTION NO. 8

Be It Hereby Resolved:�� That the Mayor�s appointment of Pat Boyle as a regular member of the Recreation Committee replacing Laura McGeorge for a term ending December 31, 2006, be and the same is hereby confirmed.

Proposed Ordinance No. 2006-16 was read for the second and final reading as follows: (Copy appears in the minutes of� 9/27/06).

�� Ordinance 2006-16

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 AVENUE; APPROXIMATELY 500 LINEAR FEET FO NEW CURBS ALONG 25^TH 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

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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 that this Ordinance puts the funding in place for the curbs for the 2006 Road Improvements.� Mayor David stated that since this is a second reading, he will open the meeting to the public.�

Mr. Joe Caterina, 622 Quinton Avenue � Mr. Caterina advised his property is adjacent to 25^th Street and runs about 105 feet and at $25/per ft. he asked how his property is going to be handled as this is a big expense.� Mayor David asked if his house fronts 25^th Street and Mr. Caterina replied no it is the side.� Mayor David said that the side of his property will receive a portion of the curbing.� He also advised that $25/per ft is an approximation by the engineer and until the bids are received the rate has not been determined.� The Borough allows five years of interest free payments to pay off the cost of the curbing and this is a policy that has been in effect for years. Mr. Caterina stated that some portions of the street have big driveways and those property owners will pay less.� The Mayor responded that driveways also have curbing. The Mayor further advised that people who own a corner lot have to pay for the frontage as well as the side because where ever there is Belgian block curbing along the property line, it is to be assessed.

Mr. Materia, 671 Union Avenue � Mr. Materia stated he is on the corner of Union and Bloomingdale and asked what part is assessed? Mayor David stated he cannot answer that specifically, the engineers will determine where he will be assessed and they will notify the residents.� Mr. Materia stated there is a section of Bloomingdale that is already curbed all the way down and there is probably about 10 ft. before his property line starts.� Mr. Materia said that the corner is the Towns property and his property line starts about 15 ft. from the corner. Councilman DeLuca stated that residents will be assessed on� their survey tax line. If they have a 50 ft. front yard, they will be assessed on 50 ft.� The engineers will send a letter stating what is being assessed and what it will cost per foot.� If residents have a property surveyed at 53.1 ft. then that is exactly what they will be assessed on, no more and no less.

Mayor David stated that the assessment does not normally happen immediately, sometimes it takes up to one year before the assessment actually comes out and as he previously stated, residents can take five years to pay, interest free.

Mr. Vincent Rappa, 23 Dorset Drive � Mr. Rappa asked if� homeowners are always assessed for new curbs? Mayor David stated that he has been an elected official for 15 years and as long as he has been involved that has been the policy.

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Mayor David closed the meeting to the public.

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RESOLUTION NO. 9

Introduced by Anthony DeLuca, Jr., adopted by same

Be It Hereby Resolved:�� That Proposed Ordinance No. 2006-16, 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, five in favor.

Proposed Ordinance No. 2006-17 was read for the first reading as follows: (Copy attached)

�� Ordinance 2006-17

AN ORDINANCE AMENDING ORDINANCE NO. 2003-11 PROVIDING FOR COMPENSATION FOR BOROUGH EMPLOYEES OF THE BOROUGH OF KENILWORTH

Mayor David stated this is a first reading of this Ordinance which establishes the salary ranges for each of our positions within the Borough.� This Ordinance does not have anything to do with specific raises, it just establishes the salary ranges.� This a first reading and anyone interested in speaking on this Ordinance can do so on� November 8, 2006. Copies are in the back of the room or you can pick one up at the Clerks office.�

RESOLUTION NO. 10

Introduced by Lawrence Clementi, adopted by same

Be It Hereby Resolved:�� That proposed Ordinance No. 2006-17, be and the same is hereby passed on first reading and ordered published for final hearing on November 8, 2006.

Seconded by Anthony DeLuca, Jr. and on roll call five in favor.

Proposed Ordinance No. 2006-18 was read for the first reading as follows: (Copy attached)

�� Ordinance 2006-18

AN ORDINANCE AMENDING CHAPTER 91 (FEES AND LICENSES) OF THE CODE OF THE BOROUGH OF KENILWORTH ADDING A NEW ARTICLE V

Mayor David stated this is a first reading of an ordinance establishing fees for Licenses including Bingo & Raffle Licenses both Off-Premise and On-Premise,� Carnival Games

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or Wheels, Calendar Raffles, Instant Raffle, Golf Hole In One, Arm Chair Race and Casino Nights.� This Ordinance brings the Borough in line with what the State charges.�

This a first reading and anyone interested in speaking on this Ordinance can do so on� November 8, 2006. Copies are in the back of the room or you can pick one up at the Clerks office.�

RESOLUTION NO. 11

Introduced by Lawrence Clementi, adopted by same

Be It Hereby Resolved:�� That proposed Ordinance No. 2006-18, be and the same is hereby passed on first reading and ordered published for final hearing on November 8, 2006.

Seconded by Anthony DeLuca, Jr. and on roll call five in favor.

Proposed Ordinance No. 2006-19 was read for the first reading as follows: (Copy attached)

�� Ordinance 2006-19

AN ORDINANCE REPEALING AN AMENDING CHAPTER 190-34 PERTAINING TO WASHINGTON AVENUE VEHICLES AND TRAFFIC: SCHEDULE II NO PARKING CERTAIN HOURS

Mayor David stated this Ordinance establishes no parking on Washington Avenue from 7:30 am thru 4:00 pm from North 22^nd Street to North 23^rd Street. This a first reading and anyone interested in speaking on this Ordinance can do so on� November 8, 2006. Copies are in the back of the room or you can pick one up at the Clerks office.�

RESOLUTION NO. 12

Introduced by Anthony DeLuca, Jr., adopted by same

Be It Hereby Resolved:�� That proposed Ordinance No. 2006-19, be and the same is hereby passed on first reading and ordered published for final hearing on November 8, 2006.

Seconded by Lawrence Clementi and on roll call five in favor.

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GENERAL BUSINESS

Councilwoman Colosimo thanked the Mayor for sharing the information regarding the Octoberfest and asked if he will be reporting the final tally. She stated that� in the years prior to Mayor David,� it was not known how much was made on the Octoberfest or

where the proceeds were applied.� Mayor David stated that he will report the final tally in the beginning of November after all the outstanding expenditures have been made.

Councilwoman Colosimo wished Alan Woods well in his new position as a sanitation worker.

MEETING OPENED TO THE PUBLIC

Livio Mancino, 102 North 24^th Street � Mr. Mancino commended the Mayor and Council on the tremendous success of the Octoberfest which brings a lot of pride to the Borough.� Mr. Mancino stated that he had a booth at the Octoberfest where people signed up for a free gift and from his estimation of that list, 75% of the people did not live in Union County and 10% were from Kenilworth.� Mr. Mancino stated that the Borough receiving a check from the State for recycling is very significant.� Receiving money back reduces the cost for the Town and helps to reduce taxes.� Mr. Mancino stated that not all handicapped spots are authorized by the State and that if the space does not have a State sign then it is not an authorized� handicapped spot and the law cannot be enforced.� Mr. Cohen stated that it is true and under the state statute all handicapped spots must have an authorized sign posted in front of the space and without the sign it is not a legal spot.� Mr. Mancino advised that maybe the Borough should consider having a sweeper follow the garbage truck to clean up the street.� Councilman DeLuca responded by saying the truck schedule has not been completed. Mr. Mancino asked if the Borough received matching funds for the grant. The Council replied yes. Mayor David stated that the field grant has been earmarked for Sixteenth Street Park and the Equipment Grant is for all the different programs the Recreation Department sponsors.

A Resident asked what should he do with the acorns?� Councilman DeLuca responded that he should put the acorns in with the leaves and the DPW will pick the leaves up.� The main problem with picking up leaves is that some people put rocks and other items that cannot be picked up by the machine.� The resident also stated that about 30 years ago the Parkway was moved over about 300 ft. toward his property and the noise level has increased substantially and he asked if the State can do a test on the noise level.� Mayor David responded that the Borough can have the DOT look into the noise level.

Mr. Robert Herbert, 363 Coolidge Drive � Mr. Herbert thanked the Mayor personally for being out at the Octoberfest from early in the morning. He also stated that the Knights of Columbus are having their annual Halloween Party on October 29, 2006 and will have approximately 300 children.� Mr. Herbert� is asking to possibly have more police patrol in the area.� Mr. Herbert stated that he has been to several Planning Board Meetings and would like to file a complaint against the chairman.� Mr. Herbert stated that he feels the chairman lets his personal feelings get in the way and he doesn�t stay steady with the procedure such as when he should put things to a vote or open the meeting to the public.�

Mayor David responded to Mr. Herbert�s� by saying that he does not think the chairman is intentionally being unprofessional.� He also stated that all members of the Planning Board are average citizens and they are trying to do what is best for the Town.� Mayor stated he does not think the chairman intentionally lets his feelings be known or that he tries to be rude. The Mayor will advise the chairman that a complaint has been made.� The Mayor reminded Mr. Herbert that the planning Board is an autonomous body and once they are on the board he does not have the authority to remove them.� Although he is the one who appoints members to the planning board, he cannot remove someone by himself.� The Mayor went on record to say he does not personally feel that the chairman is intentionally being rude and if he comes across that way it might just be in his delivery.� Mayor David will speak with the chairman of the Planning Board.

A resident asked if the road project goes to the lowest bidder and also asked if residents are going to get a copy of the bids.� Mayor responded yes the project goes to the lowest bidder and the bids are on record and the public can come to Borough Hall to look at the bids.

Chief Dowd stated to Mr.� Herbert� that a patrol car has already been assigned to patrol the area of the Knights of Columbus on October 29, 2006. Darlene Candarella has already requested more police patrols.

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.

8:4 5 P.M.

�� Respectfully submitted,

�� Hedy Lipke

�� Borough Clerk

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