Council Minutes from 2/28/2007

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH� HELD ON WEDNESDAY EVENING, FEBRUARY 28, 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, and Robert Taylor.� Councilman Pugliese and Mayor David were absent.

Acting Mayor Taylor read the requirements of the Open Public Meetings Act.

The Salute to the Flag was led by Acting Mayor Taylor.

MINUTES

It was moved by Councilman� Clementi, seconded by Councilman Corvelli, and carried that the Work Session Meeting of February 13, 2007 and the Regular Meeting of February 14, 2007 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

�

COMMUNICATIONS AND PETITIONS

�

1. Violation and Order to Comply received from PEOSH regarding an inspection of the Kenilworth Police Department on January 30, 2007.

2. Bids will be received on March 9, 2007 for �Stafford Stream Improvement� Project.

3. Bids will be received on April 2, 2007 for �2006 Curb Replacement Program.�

REPORTS

1. Tax Collector�s Annual Report.

2. Rahway Valley Sewerage Authority Meeting Minutes of January 18, 2007.

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

DEPARTMENT OF FINANCE

Councilwoman Fiamingo reported she has a tentative draft of a budget document. The auditor will be providing copies for the entire council to be reviewed at the next Work Session. The budget document is a work in progress.� There are some significant increases due to insurances, retirement benefits that we have to accept and we will work on other items to reduce the tax levy. She will be meeting within the next several weeks to discuss employee policies. Councilwoman Fiamingo will be making an appointment with the Business Administrator from Clark to discuss the possibility of separating� sewer assessments to reduce or more equitably allocate sewer billing from the RVSA amount the residents and the commercial properties.� Hopefully this will produce a benefit to the senior citizens who do not use as much sewerage water as commercial properties.�

Regular Council Meeting � February 28, 2007�� Page 2

DEPARTMENT OF PUBLIC WORKS

Councilman Pugliese was absent. Councilman Taylor read a report from the DPW stating they have received the new street sweeper on Tuesday, February 20, 2007.� There were 2 snow storms since the last meeting, 2/14/07 the DPW used approximately 60 yards of salt and on February 25, 2007 they used approximately 15 yards of salt. The men did a terrific job. The DPW has 2 employees that are out and they are employing a part-time employee, Michael Kretchner to fill the gap. Michael has worked for the DPW in the past as a summer employee.�

DEPARTMENT OF PUBLIC SAFETY

Councilman Clementi reported that on February 22, 2007, the Police Department replaced a yield sign with a stop sign at the intersection of Trenton Avenue and Bloomingdale Avenue. The change was made for safety reasons as there were many near accidents at that location.�

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman DeLuca reported all the plans are done for the Library elevator.� There are some minor architectural revisions.� We are going to submit the revisions along with the specs to the CDBG for approval and we are also going to discuss the grant status and then we will submit the plans to the Planning Board for the variance. The Boulevard curbs are out to bid. The 2006 roads will start again the week after next.� The contractor is going to create a schedule for review and we will notify the homeowners.� A change order� was submitted to the council for additional engineering associated with the score boards for DiMario Park.� Once we have this approved, we will get a price from the contractor for the work.� The council granted Councilman DeLuca the ability to go to the Planning Board to re-examine our Master Plan.�

DEPARTMENT OF RECREATION AND FIRE

Councilman Corvelli reported that he has received some phone calls regarding the completion of DiMario Park.� DiMario Park should be completed by summer. The Fire Department was granted permission to use the Borough Home Depot credit card for some odds and ends to complete the building.�

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Taylor reported that all Council members have a copy of the 2003 Policies and Procedures that were passed in 2003 in regard to TV36, along with the most recent ones that the Board of Education has recently passed. We will be discussing these procedures at our next work session.

Councilman Taylor read into the record a Resolution recognizing Sally Scheurer for her 25 years of service on the Library Board of Trustees. Councilman Taylor stated that he has worked with Sally for many years and she has been a great asset for many years to the Library.� Councilman Taylor thanked Sally for her service to the Borough.� This Friday will marked the 10^th year that Dale Spindel has been our Librarian. Councilman Taylor thanked Dale for her years of service.

Regular Council Meeting � February 28, 2007�� Page 3

BILLS

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

CONSENT AGENDA

Resolutions No. 1 thru 5 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.

ORDINANCES AND RESOLUTIONS

RESOLUTION NO. 1

Be It Hereby Resolved:�� That all bills be paid when properly audited and funds are available.

RESOLUTION NO. 2

WHEREAS, Sally Scheuerer has been a resident of the Borough of Kenilworth since 1973; and

WHEREAS, Sally Scheuerer is married to longtime Kenilworth resident Raymond Scheuerer and is the mother of Susan and Elizabeth; and

WHEREAS, Sally Scheuerer was first appointed to the Board of Trustees of the Kenilworth Public Library on March 23, 1982; and

WHEREAS, Sally Scheuerer served as President of the Library Board from 1983 through 1996 and Secretary of the Board from 2004 through 2006; and

WHEREAS, Sally Scheuerer has again been elected to serve as President of the Library Board in 2007; and

WHEREAS, Sally Scheuerer is approaching 25 years of service to the Library as a member and officer of the Library Board.

NOW, THEREFORE BE IT RESOLVED that the Mayor and Council of the Borough of Kenilworth recognize and thank Sally Scheuerer for her Twenty-Five years of service to the residents of Kenilworth and the Kenilworth Public Library.

RESOLUTION NO. 3

WHEREAS, march 12, 2007 marks the 95^th Anniversary of the Girl Scouts of the USA founded in 1912 by Juliette Gorden Low in Savannah, Georgia; and

Regular Council Meeting � February 28, 2007�� Page 4

WHEREAS, throughout its long and distinguished history, Girl Scouting has inspired more than 50 million girls and women to strive for the highest ideals of courage, confidence and character; and

WHEREAS, through Girl Scouts, girls grow strong, gain self- confidence, develop leadership skills and learn the lifelong lesson of contributing back to their communities; and

WHEREAS, Girl Scouting helps girls achieve their potential by increasing awareness of opportunities existent in the fields of math, science, sports, technology and other professional pursuits; and

WHEREAS, the Girls Scouts of Washington Rock Council was formed in 1957 and has capably delivered the optimal Girls Scout Experience to over 750,000 young women and adults in Union, Middlesex and Somerset counties; and

WHEREAS, more than 3.8 million Girl Scouts nationwide, including in excess of 100,000 in the State of New Jersey, join in celebrating and rejoicing in this great American tradition.�

NOW, THEREFORE, I, Gregg F. David, Mayor of the Borough of Kenilworth, do hereby proclaim March 11-17, 2007 as

�� GIRL SCOUT WEEK in the Borough of Kenilworth

RESOLUTION NO. 4

WHEREAS, the President in Homeland Security Directive (HSPD)-5 directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS) which would provide a consistent nationwide approach for federal, state, local and tribal governments to work together more effectively and efficiently to prevent, prepare for, respond and recover from domestic incidents, regardless of cause, size or complexity; and

WHEREAS, the collective input and guidance from all federal, state, local and tribal homeland security partners has been, and will continue to be, vital to the development, effective implementation and utilization of a comprehensive NIMS; and

WHEREAS, on September 8, 2004, Tom Ridge, the then head of Homeland Security wrote the Governors of the states outlining the FY 2005, 2006 and 2007 objectives, requesting each of the states and local governments to become compliant with NIMS to qualify for additional preparedness funding for FY 2006 and to set forth same in applications for preparedness funding grants; and

WHEREAS, it is necessary and desirable that all federal, state, local and tribal emergency agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management; and

Regular Council Meeting � February 28, 2007�� Page 5

WHEREAS, to facilitate the most efficient and effective incident management it is critical that federal, state, local and tribal organizations utilize standardized terminology, standardized organizational structures, interoperable communications, consolidated action plans, unified, command structures, uniform personnel qualification standards, uniform standards for planning, training, and exercising, comprehensive resource management, and designated incident facilities during emergencies or disasters; and

WHEREAS, the NIMS standardized procedures for managing, personnel, communications, facilities and resources will improve the State�s ability to utilize funding to enhance local and state agency readiness, maintain first responder safety and streamline incident management processes; and

WHEREAS, the Incident Command System components of NIMS are already an integral part of various incident management activities throughout the State, including current emergency management training programs; and

WHEREAS, the National Commission on Terrorist Attacks (9-11 Commission) recommended adoption of a standardized Incident Command System:

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Kenilworth of the County of Union that it hereby formally adopts the National Incident Management System (NIMS) as Union County�s Incident Management System; and

BE IT FURTHER RESOLVED that the Mayor is authorized to execute any and all documents to further the objectives of the NIMS as outlined in the September 8, 2004, correspondence of Tom Ridge to the governors; and

BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to Ben Laganga, OEM Director and Robert Barry, County Counsel.

�

RESOLUTION NO. 5

Be It Hereby Resolved:�� That Michael Kretchner be employed as a Temporary Part Time employee in the Public Works Department for a maximum of three days per week at a rate of $14.00� per hour as of March 15, 2007.

Proposed Ordinance No. 2007-02 was read for the first reading as follows: (Copy attached)

�� 2007-02

ORDINANCE AMENDING CHAPTER 190 OF THE CODE OF THE BOROUGH OF KENILWORTH

Acting Mayor Taylor stated this Ordinance is aimed to clarify certain fines within the Borough of Kenilworth with regard to parking in Municipal Parking lots.� This is a first reading and anyone interested in speaking on this Ordinance can do so March 28, 2007.� Copies are in the back of the room or you can pick one up at the Clerks Office.� Second reading is scheduled for March 28, 2007.

�

Regular Council Meeting � February 28, 2007�� Page 6

RESOLUTION NO. 6

Introduced by� Robert Taylor who also moved its adoption

Be It Hereby Resolved:�� That proposed Ordinance No. 2007-02, be and the same is hereby passed on first reading and ordered published for final hearing on March 28, 2007.

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

Proposed Ordinance No. 2007-02 was read for the first reading as follows: (Copy attached)

�� 2007-03

ORDINANCE AMENDING CHAPTER 190 OF THE CODE OF THE BOROUGH OF KENILWORTH TO IMPLEMENT PARKING RESTRICTIONS ALONG NORTH 17^TH STREET IN THE BOROUGH OF KENILWORTH

Acting Mayor Taylor reported that this Ordinance was recommended to the Council by the Police Department eliminating parking on one of� the sides of� the street on North 17^th Street due to the street being too narrow since it was repaved. This is a first reading and anyone interested in speaking on this Ordinance can do so March 28, 2007.� Copies are in the back of the room or you can pick one up at the Clerks Office.� Second reading is scheduled for March 28, 2007.

RESOLUTION NO. 7

Introduced by Anthony DeLuca who also moved its adoption

Be It Hereby Resolved:�� That proposed Ordinance No. 2007-03, be and the same is hereby passed on first reading and ordered published for final hearing on March 28, 2007.

Seconded by Robert Taylor and on roll call unanimously carried.

GENERAL BUSINESS

Councilwoman Fiamingo stated that she received state aid figures and Kenilworth is getting an increase of $28,954.00. She also congratulated Sally Scheuerer for her years of service on the Library Board.

MEETING OPENED TO THE PUBLIC

Livio Mancino, 102 North 24^th Street � Mr. Mancino thanked Councilman Corvelli for his effort to get the �School Crossing� signs from the County and asked when the signs would be delivered. Councilman Corvelli state he left a message at the County and he expects to hear back from him shortly. Mr. Mancino commented that when the Borough repaves roads and do not take down or move the trees and poles to put in the curbing, they are causing the streets to be too narrow. He commented that on� North 24^th Street is narrow than it was because none of the trees or poles were moved.� Also the drains

Regular Council Meeting � February 28, 2007�� Page 7

on each of the houses are imbedded in the back of the curbing without any cleanout spouts over the course of the winter, they have become clogged with leaves and the homeowners end up getting ice on the roof and water spilling over. Mr. Mancino asked why there is no cleanout spouts and are we shortchanging the residents by not moving the poles when we curb and pave the streets.�

Acting Mayor Taylor responded to Mr. Mancino�s question on removing the trees by stating that removing the trees is not a matter of cost in every instance but rather a matter of preserving trees in the Borough.� In the past when roads were paved all trees were removed and that practice is no longer being done and roads are done on a case by case basis.� Councilman Taylor referred Mr. Mancino�s question regarding drainage to Councilman DeLuca.

Mr. Mancino asked the Council to urge the Centennial Committee to put together a journal for the Centennial year. Mr. Mancino stated that the tickets for the March 17^th St. Patrick�s Day dinner at the Knights of Columbus are sold out.

�

Donald Carrigan, 43 South 22^nd Street � Mr. Carrigan asked why the Ordinance for air conditioners was tabled. Councilman DeLuca responded by stated that when they took a hard look at the Ordinance they realized that most people have their property to the 5 ft set back and therefore there would not be room air conditioners without having to have a variance.� Councilman DeLuca stated that rather than produce an Ordinance that was not for the good of the residents, they decided to table it and re-write it.

Harvey Fruchter, 726 Boulevard � Mr. Fruchter made a presentation on behalf of two clients, one past client being the Borough of Kenilworth and the other Joseph Neri. Mr. Fruchter stated his presentation relates to Kenilworth�s gateway.� Mr. Fruchter had maps showing that in the 1940�s Kenilworth was mostly an industrial community and also a 2002 map showing how Kenilworth has changed. He also showed Kenilworth�s Zoning Map with a large industrial area that has many commercial spot zoning such as Restaurant Depot, A&P, Synergy, Kenilworth Inn KinderCare and the car wash.� He pointed out the one small industrial site without any other industry around that is visible from the Parkway and the is the Gateway to Kenilworth.� He asked the Council to take a viable look into redefining the Gateway area as both industrial and commercial. He stated that he is not looking to change the Master Plan.� He stated that he believes the Council has the ability to change the Gateway area to CI and not just an I area.�

Acting Mayor Taylor thanked Mr. Fruchter for his presentation.

Livio Mancino,� 102 North 24^th Street � Mr. Mancino stated that he appointed Sally Scheuerer to the Library and he would like Councilman Taylor to extend his best wishes to Ms. Scheuerer.� Mr. Mancino also stated that he agreed with Mr. Fruchtner�s appeal to re-zone the industrial area to include commercial.

Regular Council Meeting � February 28, 2007�� Page 8

Robert Herbert, 363 Coolidge Drive � Mr. Herbert asked where Municipal Parking lots 3 and 4 are located. Hedy Lipke responded by stating that Parking lot #3 is on 23^rd street and #4 is next to the Recreation Building. Mr. Herbert stated that he agrees with Mr. Fruchter�s request to rezone the area to commercial.

Joe Grimaldi, 34 North 14^th Street � Mr. Grimaldi asked if the dead brush, trees and branches at Black Brook Park and Nomeheigan Park can be cleaned up by the DPW. Acting Mayor Taylor stated that those 2 parks are maintained by the County and he asked Councilman Corvelli to place a call to the County for their clean up schedule. Councilman Corvelli stated he would contact the County.�

ADJOURNMENT

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

8:40 P.M.

��

Respectfully submitted,

�� Hedy Lipke

�� Borough Clerk

ADS - Applied Dynamic Solutions, LLC

email webmaster