Council Minutes from 9/12/2007

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH� HELD ON WEDNESDAY EVENING, SEPTEMBER 12, 2007.� ACTING� MAYOR TAYLOR PRESIDED.

ROLL CALL

Roll Call at 8:00 P.M. showed the following Council Members present:�� Lawrence Clementi,� Councilman Corvelli, Councilman DeLuca,� Kathi Fiamingo, Robert Taylor and Fred Pugliese. Mayor David was 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 DeLuca, seconded by Councilwoman Fiamingo and carried that the Work Session Meeting of August 21, 2007 and the Regular Meeting of August 22, 2007 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

2007 BUDGET AMENDMENT HEARING

Acting Mayor Taylor stated that Robert Swisher, the Borough Auditor and Nancy Nichols, the Borough�s Financial Officer were in the audience to answer questions on the 2007 budget. He stated Mr. Swisher will give a brief synopsis on the budget.� Mr. Swisher stated that back in March the Borough introduced the budget with a little over 14 cent tax increase.� They applied for Extra Ordinary Aid and the State granted the Borough $75,000.00. The Finance Committee made additional cuts and used additional revenues to reduce the taxes by about $479,000.00� and that brought the tax rate down to an increase of 8.79 cents.� They kept the surplus where it was during the prior year and without stripping the budget of needed expenditures.

Acting Mayor Taylor opened the meeting to the public and asked if anyone wished to speak on the 2007 Budget Amendment Hearing to please step forward and state their name and address for the record.

Livio Mancino, 102 North 24^th St. � Mr. Mancino stated the State is not giving out money to easily and Kenilworth is lucky to get $75,000.00.� He asked the auditor how much of the $479,000.00 reduction was taken out of surplus? Mr. Swisher replied none from current fund surplus but they did use some from the Capitol Fund surplus.� Mr. Mancino asked what line item was reduced the most? Mr. Swisher replied the biggest reduction in the expenditures was the reserve from the taxes which was $96,000.00. Mr. Mancino asked what was the next largest line item that was reduced. Mr. Swisher replied that the unemployment compensation went down $15,000.00, Police OEM was down $13,000.00, Fire was down about $11,000.00.� Mr. Mancino commended the Mayor and Council for applying for Extra Ordinary Aid when most communities did not bother to apply and also for reducing the budget to 8.7.� Mr. Mancino asked where the surplus is.� Mr. Swisher stated the Borough went into the year with a surplus of $2,306,000.00 reducing the increased budget $1,340,000.00 which leaves a balance of $966,000.00.� The Borough� used $1,340,000.00 because they hope to generate that amount back.

Regular Council Meeting � September 12, 2007�� Page 2

Fred Soos, 18 Epping Drive � Mr. Soos asked Mr. Swisher for the breakdown on Municipal School tax? Mr. Swisher replied he does not have that information but he will get back to Mr. Soos.

Acting Mayor Taylor asked if anyone else wished to speak on the 2007 budget and seeing no one he closed the hearing on the 2007 budget.

RESOLUTION NO. 1 (Copy Attached)

Introduced by Kathi Fiamingo who also moved its adoption

Seconded by Lawrence Clementi, upon roll call, all in favor.

Hedy Lipke stated the total appropriations are $12,726,790.45.

COMMUNICATIONS AND PETITIONS

1. Letter from Joseph Neri asking that he be advised of the Governing Body�s position on his request for a zoning change.

2. The Work Session of November 13^th and the Regular Council Meeting of November 14^th have been cancelled.

3. A letter has been sent to Verizon requesting �a free Return Feed from Verizon for the purpose of providing local access programming to Verizon Cable subscribers in the Borough�.

4. Letter from Susan Kotch & Jay Shakun, 378 Lincoln Drive, requesting that Lincoln Drive beginning at the corner of Coolidge Drive be considered to be repaved as it is a hazard.

5. Letter from Jose Verdia & Emily Vidal, 408 Lincoln Drive, requesting that Lincoln Drive be reconstructed as the condition of the street is dangerous.

REPORTS

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

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

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

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

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

Acting Mayor Taylor reported that on Sunday, September 16, 2007 the Centennial Committee is sponsoring a Freedom Run/Walk.� The event will take place behind the Senior Citizen Building and will start at 10:00 am.� Registration starts at 8:30 am.

Regular Council Meeting � September 12, 2007�� Page 3

DEPARTMENT OF FINANCE

Councilwoman Fiamingo reported the budget was adopted this evening. She stated that she and Nancy Nichols met briefly with a consultant on the RVSA. They have some documentation that needs to be revised and refined before it can be brought to Council and they are in the process of trying to get some additional information� and hope to have something to bring to the Council within the next month. The Finance Committee will be meeting on Tuesday to discuss salary Ordinances relative to the Borough employees.� Last night a Negotiation Committee was appointed for the purpose of negotiating the DPW contract.� Councilwoman Fiamingo stated they will also be discussing Capital Projects at the next Work Shop Meeting to finalize what the capital budget will be.�

DEPARTMENT OF PUBLIC WORKS

Councilman Pugliese stated the DPW has finished painting the stop bars all across town and are currently working on painting the yellow curbs.� They received a quote for the restoration of the Borough gas and diesel tanks from T. Slack Environmental Services in the amount of $9,800.00.� There was an optional add on of $1,200.00 for the painting of the safety valves but the DPW will be doing the painting. Mr. Ryan finished preparing the bid specs for the Type 23 pick up and disposal of vegetative waste. The Borough Attorney is currently reviewing those specifications. The new street sweeper had a defective hydraulic pump which is being replaced by the manufacturer. The old street sweeper is broken down due to numerous leaks and structural problems caused by rust. The DPW mechanic is looking into the possibility of repairing the old street sweeper. The DPW is weeding and edging DiMario Park, painting the bleachers and repairing the basketball blackboards.� They will be painting the gazebo next week and then they will start on 16^th Street Park and 9^th Street Park. Bulk pick-up has started on the north side of Town. Councilman Pugliese stated he is in the process of meeting with members of the DPW regarding various issues that have arisen in the department, such as the possibility of a street sweeper schedule. The DPW contract is set to expire and the Mayor has adopted a sub committee to discuss the contract negotiations.� The members of the committee are Councilman Clementi & Taylor and myself. The committee will discuss the need for additional equipment at the DPW to replace the aging equipment.

DEPARTMENT OF PUBLIC SAFETY

Councilman Clementi read Chief Dowd�s August Monthly Police Activity Report. There was a total of 32 hours of training.� The annual Fireman�s Carnival was quiet from a police standpoint.� There were a total of 131 man hours utilized. The Police Department is asking all residents and businesses who are� not registered in the Emergency 911 Data Base to please call the Police Department and submit their phone numbers. If any residents have not received any recorded emergency notifications from the Police Department over the last two months, then they are not in the data base. He asked residents to call the Police Department at (908)276-1700 and provide their name, address and telephone and they will be put on this list and will be informed of an emergency situation. Their telephone number will not be released to anyone and will only be used by the Police Department.

Regular Council Meeting � September 12, 2007�� Page 4

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

�

Councilman DeLuca reported� the total receipts for building fees for the month of August was $13,850.00.� There is no new news to report on the library elevator or the Stafford Project. Councilman DeLuca is meeting with the Borough Engineer this week. The Planning Board is looking into an Ordinance that will establish a percentage for impervious/pervious structure.

DEPARTMENT OF RECREATION AND FIRE

Councilman Corvelli stated he does not have anything to report on the Fire Department.� He stated the Recreation Committee will be sponsoring a picnic for all children who participated in summer sports on September 22, 2007 at DiMario Park. The Recreation Committee will be visiting all parks this weekend to make sure they are in compliance with the new regulations.� Councilman Corvelli contacted the County and they are going to start replacing the street signs on the Boulevard.�

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Taylor reported he was unable to attend the Library Board Meeting.� He stated he attended the Public Assistance Board Meeting this evening.� Currently they have five persons on assistance and Paulette Drogan is helping accommodate those clients.� The Kenilworth Health Fair is being held on Saturday, September 15, 2007 at Schering Plough at 9:00 and all services are free.

BILLS

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

CONSENT AGENDA

Resolutions No. 2 thru 17 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 Councilman Pugliese.� Upon roll call the vote was unanimous.

ORDINANCES AND RESOLUTIONS

RESOLUTION NO. 2

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

RESOLUTION NO. 3

Be It Hereby Resolved:�

That the Borough Clerk be authorized to issue the following

Regular Council Meeting � September 12, 2007�� Page 5

Raffle Licenses:

��

�� #907� St. Theresa�s Home School Association, Inc.� for an Off-�� Premise Calendar Raffle on from October 14^th thru December 30^th, 2007 at 540 Washington Ave., Kenilworth, NJ.�

�� #908�� St. Theresa�s Church on October 7, 2007 with a raindate of October 14, 2007 at Boulevard and 23^rd Street,� Kenilworth NJ for Games of Amusement.

RESOLUTION NO. 4

Whereas, the Borough of Kenilworth held a Tax Sale on May 24, 2007 for delinquent 2006 taxes, and a tax lien was purchased by Crusader Lien Services on property located at 20 So. 18^th Street and known as Block 113 Lot 12, 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 #07-00011 by the collector of taxes.

Crusader Lien Services

179 Washington Lane

Jenkintown, PA�� 19046

Redemption Amount

$6,725.59

Premium

$11,400.00

RESOLUTION NO. 5

WHEREAS, Neil F. and Catherine C. Iden are the owners of Block 68, lot 15, 15 Sherwood Road, Borough of Kenilworth, Union County, NJ, and;

WHEREAS, First American Real Estate Tax Service has paid taxes on the aforementioned parcel erroneously for the first quarter of 2006;

Regular Council Meeting � September 12, 2007�� Page 6

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

��

�� 68 �� 15�� First American Real Estate�� $1573.57

�� Tax Service

�� P.O. Box 961250

�� Ft. Worth, TX�� 76161-9887

RESOLUTION NO. 6

WHEREAS, Louis Nunez and Sonia Cubillos are the owners of Block 141, lot 24, 130 Orange Road, Borough of Kenilworth, Union County, NJ, and;

WHEREAS, First American Real Estate Tax Service has paid taxes on the aforementioned parcel erroneously for the second quarter of� 2006;

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

��

�� 141 �� 24�� First American Real Estate�� $1113.16

�� Tax Service

�� P.O. Box 961250

�� Ft. Worth, TX�� 76161-9887

RESOLUTION NO. 7

WHEREAS, Elle Armani is the owner of Block 122, lot 20, 641 Clinton Avenue, Borough of Kenilworth, Union County, NJ, and;

WHEREAS, First American Real Estate Tax Service has paid taxes on the aforementioned parcel erroneously for the fourth quarter of� 2006;

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.

Regular Council Meeting � September 12, 2007�� Page 7

Block�� Lot�� Payable to:�� Amount

��

�� 122 �� 20�� First American Real Estate�� $1254.39

�� Tax Service

�� P.O. Box 961250

�� Ft. Worth, TX�� 76161-9887

RESOLUTION NO. 8

WHEREAS, Louis G. Madden is the owner of Block 129, lot 2, 104 So. Michigan Avenue, Borough of Kenilworth, Union County, NJ, and;

WHEREAS, First American Real Estate Tax Service has paid taxes on the aforementioned parcel erroneously for the fourth quarter of� 2006;

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

��

�� 129 �� 2�� First American Real Estate�� $1654.33

�� Tax Service

�� P.O. Box 961250

�� Ft. Worth, TX�� 76161-9887

RESOLUTION NO. 9

WHEREAS, James J. and Marian Ehrhart is the owner of Block 60, lot 4, 110 No. 10^th Avenue, Borough of Kenilworth, Union County, NJ, and;

WHEREAS, James J. and Marian Ehrhart have paid taxes on the aforementioned parcel for the first, second and third quarters of� 2007, and;

WHEREAS, there is a Borough lien on their property and payments cannot be accepted on parcels where there is a Borough lien;

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.

Regular Council Meeting � September 12, 2007�� Page 8

Block�� Lot�� Payable to:�� Amount

��

�� 60 �� 4�� James J. and Marian Ehrhart�� $2,097.29

�� 9170 SW 14^th Street #4207

�� Boca Raton, FL�� 33428

RESOLUTION NO. 10

Whereas, the Borough of Kenilworth held a Tax Sale on June 7, 2006 for delinquent 2005 taxes, and a tax lien was purchased by Eliot Loeb-Keough Plan on property located at 30 No. 18^th Street and known as Block 54 Lot 11, 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

Eliot Loeb-Keough Plan

1 Lakeview Road

Saratoga Springs, NY�� 12866

Redemption Amount

$11,219.84

Premium

$3,000.00

RESOLUTION NO. 11

RESOLUTION OF THE BOROUGH OF KENILWORTH

AUTHORIZING INCREASE IN DEFERRED SCHOOL TAXES

WHEREAS, the Division of Local Government Services requires that the Governing Body of any municipality which has deferred School Taxes must authorize any increase in the deferral of any additional amounts, and

Regular Council Meeting � September 12, 2007�� Page 9

��

�� Deferred Local

�� School Taxes

�� Amount Deferred 12/31/05�� $6,851,461.50

�� Amount Deferred 12/31/06�� $7,213,971.00

�� $362,509.50

BE IT FURTHER RESOLVED by the Governing Body, that a certified copy of this resolution be filed in the Office of the Director of the Division of Local Government Services

Adopted this 12th day of September and certified as a true copy of an original

�� Borough Clerk

RESOLUTION NO. 12

Be It Hereby Resolved:�� That the Mayor�s appointment of ROBERT BEINER as Kenilworth�s representative on the Union County Air Traffic & Noise Advisory Board for a term expiring December 31, 2008, be and the same is hereby confirmed

Robert Beiner

36 South 24^th Street

Kenilworth, NJ� 07033

Phone:� 908-497-0161

RESOLUTION NO. 13

WHEREAS, pursuant to the Fair and Open Process Rule advertisements for proposals� were posted on the Borough of Kenilworth�s Web Site and proposals were received and reviewed for the following Professional Service for which the anticipated cost could be over $17,500 per year:

Regular Council Meeting � September 12, 2007�� Page 10

�� PROFESSIONAL PLANNER

NOW, THEREFORE, BE IT RESOLVED after review of said proposals, the Governing Body of the Borough of Kenilworth awards the contract of PROFESSIONAL PLANNING CONSULTING SERVICES to SHAMROCK ENTERPRISES, P.O. Box 796, Rahway, NJ, at a cost not to exceed $15,000.00.

RESOLUTION NO. 14

WHEREAS, pursuant to the Fair and Open Process Rule advertisements for proposals were posted on the Borough of Kenilworth�s Web Site and proposals were received and reviewed for the following Professional Service for which the anticipated cost could be over $17,500 per year.

�� TRAFFIC STUDY ENGINEER

�� NOW, THEREFORE, BE IT RESOLVED after review of said proposals, the Governing Body of the Borough of Kenilworth awards the contract for TRAFFIC STUDY ENGINEER to LITWORNIA ASSOCIATES, INC., 3 Trading Post, P.O. Box 2300, Medford Lakes, NJ� 08055, at a cost not to exceed $3,500.00

RESOLUTION NO. 15

�� Be It Hereby Resolved:�� That Kimberly Ann Guerra be employed as a Part-Time Violations Clerk in the Municipal Court Office at a rate of $15.00 per hour not to exceed 30 hours per week, effective as of September 17, 2007.

RESOLUTION NO. 16

Be It Hereby Resolved:�� That T. SLACK ENVIRONMENTAL SERVICES, INC., 4 Mark Road, Kenilworth, NJ NJ State Contract #A49413, be awarded the contract for �PAINTING OF TWO (2) ABOVEGROUND TANKS� at the Public Works Yard as per the attached proposal at a total cost of $9,800.00.

RESOLUTION NO. 17

Be It Hereby Resolved:�� That the Governing Body of the Borough of Kenilworth ratify the Agreement with Police Chief William Dowd for years 2007, 2008 and 2009 and that the Mayor and the Borough Clerk be authorized to sign said Agreement.

Regular Council Meeting � September 12, 2007�� Page 11

Proposed Ordinance No. 2007-10 was read for the second reading as follows: (Copy appears in minutes of 8/22/07)

�� 2007-10

ORDINANCE OF THE BOROUGH OF KENILWORTH AMENDING CHAPTER 150 ENTITLED PROPERTY MAINTENANCE OF THE CODE OF THE BOROUGH OF KENILWORTH

Acting Mayor Taylor reported� this is an Ordinance that deals with graffiti in the Borough.� It deals with property owners who allow graffiti to remain on their property for an indefinite period of time.� Acting Mayor Taylor stated that this is a second reading and anyone wishing to speak for or against this Ordinance, please step forward and state your name and address.� Seeing no one Acting Mayor Taylor closed the hearing.

RESOLUTION NO. 18

Introduced by Anthony Deluca who also moved its adoption.

Seconded by Fred Pugliese and upon roll call, all in favor

Be It Hereby Resolved:�� That� Proposed Ordinance No. 2007-10 be and the same is

hereby passed on second and final reading and ordered published according to law.

GENERAL BUSINESS

Acting Mayor Taylor reported that last evening the Borough had their 9/11 Service. The service was very well attended and he thanked Police Chief Dowd and Fire Chief Giordino.

Councilman Clementi also thanked Police Chief Dowd and stated it was a very nice ceremony.�

Councilwoman Fiamingo stated that the Centennial Committee is sponsoring a Freedom Run/Walk in support of the troops. The Run/Walk is in conjunction with �America Supports You�. Registration fee is minimal and you are also invited to give an additional donation that will be utilized to send items to the troops in Iraq. The registration begins at 8:00 at the Senior Citizen Building and the Run/Walk starts promptly at 10:00 am.�

Councilman DeLuca wished all members of the Jewish faith a happy Rosh Hashanah. He also stated he was glad to see that Kenilworth is not cutting back on their� 9/11 services.

Regular Council Meeting � September 12, 2007�� Page 12

MEETING OPENED TO THE PUBLIC

Livio Mancino, 102 North 24^th St. � Mr. Mancino asked that the Borough passed a Resolution that states for a century we will never deny that day as a day of respect for those who have given their lives.� Acting Mayor Taylor replied that the Council discussed the Resolution at the Work Session last night.� The Council� asked Mr. Mancino to provide the Council with some language that Mr. Mancino thinks should be included in the Resolution. Mr. Mancino stated he would be glad to do that. Mr. Mancino thanked Councilman Corvelli for his efforts in getting the County to update the street signs on the Boulevard. Mr. Mancino asked the residents to participate in the Freedom Run/Walk on Sunday, Sept. 16^th at the Senior Citizen Building. Registration starts at 8:00 am and the Walk/Run starts at 10:00 am.

Bob Herbert, 363 Coolidge Drive � Mr. Herbert reminded the Council that St. Theresa�s Church is having their annual Block Party� this coming Saturday.� Also, he is not sure of the date, but the Church is having a singer this weekend. He also asked if the Borough could replace the rusty fence between the Little League Field and the DPW.� Mr. Herbert thanked Councilman Pugliese and Councilman DeLuca for addressing the road problem on Coolidge Drive. He stated that two incidents have happened close to home recently. Mr. Herbert stated an illegal immigrant from Morristown was in and out of the court system and Immigration did not want to do anything because the person did not have a work record and he eventually came up with bail money and was released from jail. The other problem happened in the Delaware Water Gap. The State Police were observing the area and found a middle eastern person taking photos, they were questioned and they convinced the police that they were just touring the area.� After further investigation and after they left the area it was found out that one of the persons is on the FBI�s top ten most wanted. He asked the Governing Body to spread the word� whenever they go to their meetings at the County.� He stated they pay a lot of money to our legislators, senators and so forth and they should start thinking about us and not the rest of the world and they should not worry about hurting their feelings or their constitutional rights because as taxpayers we have constitutional rights too. They are letting us down.� He asked the Council to put a committee together and he would be willing to volunteer to pass a law in New Jersey that profiling is OK. He is asking the Mayor and Council to support this and get some letters out and any taxpayer that feels the same way should be writing letters to the White House and Trenton.�

Bob Beiner, 36 South 24^th St. � Mr. Beiner stated he attended the Transportation Board Meeting last week. He stated that starting next month a six month pilot project on Route 22 will begin.� The project is going to be called Route 22 Pedestrian Improvement Project.� The project is geared toward pedestrians who get off busses on 22 and try to cross the highway. County DOT is going to have two shuttle busses going from the Burger King area down to the Sports Authority area. The County stated that if the pilot takes off� Kenilworth may be asked to help support the project.��

Regular Council Meeting � September 12, 2007�� Page 13

Mike Mastelone, PO Box 109, Cedar Knolls - Mr. Mastelone stated he has a dispute with the Tax Office. He was referred to the Borough Attorney and he is not satisfied with the answer he received. He stated he does not want to litigate the matter but he feels he is being forced to. He stated he made a payment to the Tax Collectors Office and he asked where his money was? Nancy Nichols, Borough Finance Officer stated that the money he paid was used to pay the taxes on that account. An affidavit was filed and upon redemption he would get the money back. There was an error made and although the payment was applied to the account it was not noted on the lien. After the redemption, he was notified, he signed the certificate and sent it back to the tax office. One week after Mr. Mastelone received his check he found a discrepancy. Ms. Nichols stated that after someone signs the certificate it states on the back of the certificate that by signing this certificate, they waive all their rights to it and they certify that they were paid in full, etc. She stated this was a full six weeks after the initial contact. Mr. Mastelone asked what Block and Lot his $2,000.00 was sitting on? Nancy Nichols stated it is sitting on the one he has a lien on. Mr. Mastelone asked why the Tax Collector can't credit it to one of the other accounts that he has. Ms. Nichols stated that Mr. Mastelone gave her the check and told her to put it on the account that it is on and he also signed an affidavit that told her to put it on that account. Ms. Nichols stated that she cannot move money from one account to another account. The Borough Attorney stated she has Mr. Mastelone�s letter dated August 27, 2007 and she will take a look at the letter again along with Colleen Patterson and they will communicate directly with him as to what conclusion they come to. Mr. Mastelone stated there was a series of letters before that letter. Mr. Mastelone stated there were Resolutions read tonight where the treasurer refunded tax payments made in error. He asked if there was a provision in the law to make refunds? Ms. Nichols stated those refunds were payments made by a title company and they were overpayments. They were refunding the money because they had too much money. Mr. Mastelone stated he has no choice and has been directed to file suit against the Borough. He stated he could hold off on that until he hears from our Borough Attorney.

Carol Westervelt,� 311 Faitoute Avenue � Ms. Westervelt asked what the status of the removal of the contaminated soil in Kenilworth along the right of way of the Rahway Valley Railroad.� Acting Councilman Taylor stated the DEP is aware of the problem and they performed testing on the area. The Borough has asked the Health Officer to contact the DEP and do what needs to be done to have the soil removed.� Ms. Westervelt asked if the Borough knew who dumped the soil?� Acting Mayor Taylor stated that it was presumed that the railroad was responsible for dumping the soil and that the railroad would be responsible for the removal of the soil. The Borough is working through the State as to how they are going to get the railroad to remove the soil.� Ms. Westervelt stated that the Health Officer� stated in his June 22^nd letter that he was concerned about the potential liability to the Borough relating to the illegal dumping and it�s removal and she did not want to see the Borough have to pay for the removal. Acting Mayor Taylor stated that he did not want the Borough to pay for the removal.� He stated that back in March when the Borough was concerned with the contents of the soil, the Borough was initially going to do the testing but the DEP had already done it and saved the Borough the cost.� They need to find the status of the situation through

Regular Council Meeting � September 12, 2007�� Page 13

the Borough Health Officer. They are going to work through the Health Officer and the State to find out what exactly they can do to put pressure on the railroad to remove the soil.� Ms. Westervelt was worried that more people were going to dump on the railroad.� She stated that someone from the Verizon area dumped some things on the track and she called the police and the people removed the items.

Joanne Dillon, 308 Faitoute Ave. -� Ms. Dillon stated that after the last Council Meeting she sent an e-mail to Councilman DeLuca with the information he needed. She also sent documents in an effort to get the Council to become more pro active. She asked� the Mayor and Council what they are doing to help alleviate the problem.� Ms. Dillon stated she sent a letter with suggestions as to what the Mayor and Council could do to become pro active in the fight against the re-activation of the railroad.� Ms. Dillon stated she obtained information regarding the contaminated soil that would help in fighting the re activation of the train.� She said the problem was brought to the attention of the Mayor and Council nine months ago. Acting Mayor Taylor stated the Borough is at the point where they have to put pressure on the DEP to put pressure on the land owner for the removal of the soil.� He stated they are going to go through the Health Officer and he is going to put pressure on the DEP to get some action on this problem. Ms. Dillon asked the Borough to contact all the Towns along the railroad and have them test their soil along their right of ways.� Acting Mayor Taylor stated the Council read the letter that was submitted on September 10^th at their work session last night and they received the Resolution that was attached to the letter but they have not made a decision yet on whether Kenilworth would do a resolution. Mr. Taylor stated that per Mr. Beiners report from the Transportation Board Meeting there is no� new information with regard to reactivation of the railroad. Ms. Dillon asked if the Traffic Study that the Borough is having done on North Michigan will include the fact that the train might go through the town.� Acting Mayor stated he will advise the engineer that is doing the study that a train might be coming through Kenilworth. Ms. Dillon stated that the more money the State spends on cleaning up the soil the less they will have to put toward the railroad.� She asked the Council to be pro active and have a plan ready for her at the next meeting.�

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

8:23 P.M.�� Respectfully submitted,

�� Hedy Lipke, Borough Clerk��

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