Council Minutes from 2/14/2007

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH� HELD ON WEDNESDAY EVENING, FEBRUARY 14, 2007.� MAYOR DAVID PRESIDED.

ROLL CALL

Roll Call at 8:00 P.M. showed the following Council Members present:� Lawrence Clementi, Peter Corvelli,� Anthony DeLuca, Kathi Fiamingo, Fred Pugliese 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� DeLuca, seconded by Councilman Taylor, and carried that the Work Session Meeting of January 23, 2007 and the Regular Meeting of January 24, 2007 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

�

COMMUNICATIONS AND PETITIONS

�

1. A letter from Amy Reitel, 719 Monmouth Avenue, requesting permission for a Block Party on the 700 block of Monmouth Avenue on Saturday, July 21, 2007.

2. Copy of the Kenilworth Board of Education�s �Operational Procedures for TV-36� for Council�s review, modification and adoption.

REPORTS

1. Municipal Court Report for the month of January, 2007

2. Police Department Report for the month of January, 2007.

3. Construction Department Report for the month of January, 2007.

4. Borough Clerk�s Report for the month of January, 2007.

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

MAYORS REPORT

The Facilities Committee met on February 6, 2007 and� received an update on the meeting the Governing Body held with Mr. Abrams. They also discussed getting back in touch with the architects that the committee had previously discussed to see if they

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were still interested in being involved with the project. The Construction Manager was instructed to contact the architects. Tomorrow the Kenilworth Historical Society has scheduled a program commemorating Black History Month at the Senior Citizens at 7:00 pm.� A local member of an African American family is going to talk about growing up in Kenilworth.�

DEPARTMENT OF FINANCE

Councilwoman Fiamingo reported there was a Bond Sale last week and bonds were sold for just under 3.5%.� Councilwoman Fiamingo has reached out to Clark officials regarding getting together to discuss making sewer usage more equitable. She will be meeting with the Business Administrator in Clark.� She has a meeting with the auditor regarding the budget next Tuesday.

DEPARTMENT OF PUBLIC WORKS

Councilman Pugliese reported that over the past three weeks the DPW has been cleaning and repairing catch basins, engaged in curb side brush removal, repairing street and traffic signs, cleaning sanitary sewer lines and generally landscaping and cleaning the Borough properties parks, paths and dead ends. The new street sweeper should be arriving this week however given the recent weather it may be postponed. Prior to the latest snow fall the Superintendent ordered and received 105 additional tons of rock salt to replenish their supply.� The Borough mason is repairing catch basins in the Borough. Weather permitting, the DPW will be sending out the black top crews and repairing potholes and that will be the hot patch, not the winter patch. Councilman Pugliese drove around today and was happy to see the DPW salting the dead ends.

DEPARTMENT OF PUBLIC SAFETY

Councilman Clementi read Police Chief Dowd�s report for the month of January.� There was a total of 156 hours of training on First Response Updates Expandable Baton, Ucert/Swat, Firearms, Alco Test Machine Recertification. The Kenilworth Police Department has been selected to receive the Prevention Links Small Business Award for their work in the area of substance abuse prevention.� Officer Grady and Chief Dowd will be recognized at a dinner in April. On Monday, February 12, 2007 a motor vehicle jumped the curb at the Boulevard and 21^st Street and struck the traffic control box causing extensive damage, no one was injured and the damage has been submitted to the operators insurance carrier for payment.� Last month there was a burglary on North 12^th Street and the investigation by the Detective Bureau resulted in an arrest warrant being issued for Neyad Becaj, formally of Roselle Park, also charged was Neyad�s brother for obstructing his brothers arrest.� On January 30, 2007 PEOSH conducted a surprise inspection of the Police Department and found numerous violations.� The majority of these violations were for the absence of door markings and the overuse of

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electrical outlets thru power strips and extension cords.� A violation notice will be forwarded to the Borough and they have sixty days to make the corrections.� The Department� has started to fix some of the mandated corrections but an electrician will be needed for some of the other repairs.�� Chief Dowd has requested that parking be prohibited on North 17^th Street between Monroe and Sheridan Avenue on the east side.� The road is to narrow and it is a safety hazard.� Traffic Safety Lt. Ken Grady and Fire Chief Lou Giordino have sent letters of their concern over the condition of that street.� Eliminating parking on the east side of the block will alleviate the safety problem and will assist the DPW in their snow removal efforts.�

Mayor David reported that at last night�s work session the Council instructed the Borough Attorney to prepare a draft ordinance.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman DeLuca reported the Library elevator plans are done and a complete set will go to the Planning Board for review. Quotes are being received for the structural sub for the score board for DiMario Park� for foundation design. Bid advertisements have been sent out for the Stafford job and construction should be completed by June 29, 2007.

DEPARTMENT OF RECREATION, ECOLOGY, LIGHTING AND FIRE

Councilman Corvelli reported the Recreation Department is having an Easter Egg Hunt, Arts and Crafts and Movie night.� The Recreation Department has a new web site www.KenilworthRecreation.com.� Girls Softball sign ups were a success. Fire Chief Giordino gave Councilman Corvelli the January monthly report to read into the minutes.� The Rescue Squad responded to 72 calls, 123.5 man hours and traveled 541 miles. The Fire Department had 59 incidents, utilized 848 man hours and traveled 276 miles.� The Fire Department had two fires in Town this past week.� One Fireman was injured but is doing well. Councilman Corvelli stated that he witnessed some hot tempers over snow plowing and he urged residents to use patience with the DPW, they are doing the best they can to remove the snow.

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DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Taylor reported that he attended the Library Board Meeting and met with a consultant with regard to space utilization.� He expects to have a proposal at the next meeting. Councilman Taylor also attended a special meeting with the Board of Education with regard to the Television Station which has been upgraded.� Councilman Taylor advised that his committee will be reviewing the Policy and Procedures.

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BILLS

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

CONSENT AGENDA

Resolutions No. 1 thru 1 are listed on 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 Councilwoman Fiamingo.� 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

That the Borough Clerk be authorized to issue the following Raffle Licenses:

��

�� #883�� Knights of Columbus Council #4186 on June 14, 2007 at 191 Market Street, Kenilworth, NJ� 07033 for an Off-Premise Raffle.

�� #884�� St. Theresa�s Home School Association on March 24, 2007 at 540 Washington Avenue, Kenilworth, NJ for an On-Premise Merchandise Raffle.

�� #885�� St. Theresa�s Home School Association on March 24, 2007 at 540 Washington Avenue, Kenilworth, NJ 07033 for an On-Premise 50/50.

�� #886� St. Theresa�s Home School Association on March 24, 2007 at 540 Washington Avenue, Kenilworth, NJ for an Off-Premise 50/50.

�� #887 St. Theresa�s Church on August 25, 2007 at 541 Washington Avenue, Kenilworth, NJ� for an Off-Premise 50/50.

�� #888 St. Theresa�s Church on August 20, 2007 thru August 25, 2007

at 541 Washington Avenue, Kenilworth, NJ for an On-Premise 50/50.

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#889 Kenilworth Historical Society on March 25, 2007 at North 22^nd Street in St. Theresa�s Parking Lot, Kenilworth, NJ for an On-Premise 50/50.

#890 Kenilworth Historical Society on March 17, 2007 at 191 Market Street, Kenilworth, NJ for an On-Premise 50/50.

#891 Kenilworth Historical Society on February 24, 2007 at St. Theresa�s Parking Lot,� on North 22^nd Street for an On-Premise 50/50.

#892 Union County Goal Club on May 4, 2007 at Kenilworth Veterans Center, 33 South 21^st Street, Kenilworth, NJ for an Off-Premise 50/50.

RESOLUTION NO. 3

WHEREAS, Joseph Sapienza is the owner of Block 150, lot 24, 682 Summit Avenue, Borough of Kenilworth, Union County, NJ, and;

WHEREAS, Paul Parsons, the Tax Assessor has verified that the aforementioned owner has qualified as a 100% disabled person for 2006 and is therefore exempt from paying property taxes; and

WHEREAS, Midland Mortgage Company paid the first quarter of 2007 taxes on the aforementioned block and lot in error;

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

��

�� 150 �� 24�� Midland Mortgage Company�� $1,279.18

�� 999 N.W. Grand Blvd. Ste. 100

�� Oklahoma City, OK�� 73118-6116

RESOLUTION NO. 4

WHEREAS, N.J.S.A. 40a:5-21 authorizes the establishment of a Change Fund, and

WHEREAS, � it is the desire of the Borough of Kenilworth, County of Union that the Change Fund for the Court Administrator be increased from $50.00 to $100.00.

NOW, THEREFORE, BE IT RESOLVED that the Borough of Kenilworth, County of Union hereby authorizes such action and two copies of this resolution be filed with the

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Division of Local Government Services, New Jersey Department of Community Affairs for approval.�

RESOLUTION NO. 5

Whereas, the Borough of Kenilworth held a Tax Sale on June 7, 2006 for delinquent 2005 taxes, and a tax lien was purchased by Wachovia-Coll. Agt/Sass Muni V� on property located at 246 No. 9th Street, and known as Block 24.01 Lot 13, 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 #05-00002 by the collector of taxes.

Wachovia-Coll.Agt/Sass MuniV

U.S. Bank -2 Liberty Pl.-TLSG

50 South 16^th Street, Ste. 1950

Philadelphia, PA�� 19102

Redemption Amount

$13,813.69

Be it further resolved that the premium in the amount of $10,000.00 be refunded.

RESOLUTION NO. 6

Be It Hereby Resolved: That Frederick Soos be employed as an Alternate Senior Citizen Bus Driver, retroactive to February 9, 2007 at a rate of $16.80 per hour.�

RESOLUTION NO. 7

Be It Hereby Resolved:�

Whereas, an emergent condition has arisen with respect to adoption of the 2007 Annual Budget and no adequate provision has been made in the 2007 Temporary Appropriations 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 2007 pursuant to the

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provisions of Chapter 96,P.L. 1951 (N.J.S. 40A:4-20) including this resolution total $27,736.00

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 salaries

�� & wages and other expenses appropriations in the amount� $27,736.00

2. That said emergency Temporary appropriation be provided for the 2007 budget�

�� under the title of:� Various line items.��

ACCOUNT #�� ACCOUNT NAME�� FROM�� TO

Other Expenses

705�� Financial Administration�� $� 5,309.00�� $�� 7,500.00

730�� Other Insurance�� $94,743.00�� $115,000.00

746�� Police Traffic�� $� 4,712.00�� $ 10,000.00

RESOLUTION NO. 8

Be It Hereby Resolved:� That the revised By-Laws of the Governing Body of the Borough of Kenilworth, as attached, be adopted.

RESOLUTION NO. 9

Be It Hereby Resolved:�� That Ordinance No 2007-01 entitled �Ordinance Amending Chapter 197 of the Borough Code so as to Permit the Placement of Air Conditioning Units in Side Yards in al Residential Zones of the Borough� which was read for First Reading on January 24, 2007, be tabled

RESOLUTION NO. 10

WHEREAS, pursuant to the Fair and Open Process Rule advertisements for proposals were published in the Cranford Chronicle and the Union Leader and posted on the Borough of Kenilworth�s Web Site and proposals were received and reviewed for the following Professional Service for the Year 2007 which anticipated cost wil be over $17,500 per year:

�� BOROUGH LABOR ATTORNEY

NOW, THEREFORE, BE IT RESOLVED after review of said proposals, the Mayor�s nomination of ROBERT F. RENAUD as BOROUGH LABOR ATTORNEY for the Year 2007 at a rate of $125 per hour, be and the same is hereby confirmed.

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RESOLUTION NO. 11

Be It Hereby Resolved:�� That Robert F. Renaud, Esq. be appointed Tax Appeal Attorney through the Non-Fair and Open Process for the year 2007 at a rate of $125.00 per hour and that the Mayor and Borough Clerk be authorized to sign the Agreement.

GENERAL BUSINESS

No General Business to be discussed.

MEETING OPEN TO THE PUBLIC

No one from the public desired to be heard.

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.

8:12 P.M.�� Respectfully submitted,

�� Hedy Lipke, Borough Clerk��

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