Council Minutes from 9/26/2007

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH� HELD ON WEDNESDAY EVENING, SEPTEMBER 26, 2007.� MAYOR GREGG DAVID PRESIDED.

ROLL CALL

Roll Call at 8:00 P.M. showed the following Council Members present:� Peter Corvelli, Lawrence Clementi, Anthony DeLuca, Kathi Fiamingo, Robert Taylor and Fred Pugliese.

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 Taylor, seconded by Councilman DeLuca, and carried that the Work Session Meeting of September 11, 2007 and the Regular Meeting of September 12, 2007 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS

1. Letter from Patricia Kotch resigning from the Board of Health.

Letter from the Board of Public Utilities acknowledging our letter of request to Verizon for a �return feed� for public access programming for Verizon�s Borough Customers and stating the Board has requested that Verizon keep them informed as to fulfilling the request.
Letter from Deborah Wood-Krawciw stating her disappointment at not having Lincoln Drive resurfaced this year.
Letter from Terry R. Zuckerman, Retz Associates, regarding installation of pavers along the south side of the Boulevard between South 20^th Street and South 21^st Street and requesting revision of the ordinance.

REPORTS

1. Rahway Valley Sewerage Authority Meeting Minutes of July 19 and the Special Meeting of July 24, 2007.

It was moved by Councilman DeLuca, 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 David read parts of a letter from St. Barnabas Health Care System informing that Union Hospital will be closing on September 30, 2007 pending approval from the Department of Health and Community Services.� Immediate transfer of emergency services to Overlook Hospital will begin at that time.

Mayor David stated that over the last several council meetings there have been� questions regarding the re-activation of the Rahway Valley Line as well as some dirt and debris that was left in the right of way on the south side of the Borough.� Mayor David stated he is doing his best to work through that.� He sent a letter to the Governor and copied a number of individuals and

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�

hopefully we will get a response.� In addition the Board of Health has been staying on top of the issue in terms of trying to get mediation for the clean up of the debris.� They have been in contact with DOT but the DOT has been somewhat slow in responding to the Board of Health.� Mayor David requested the Board of Health call a special meeting and include the Borough Attorney and start to discuss potential legal action that the Borough might take to get the situation remedied and remedied quickly.��

�

REPORT OF COMMITTEES

Councilwoman Fiamingo reported that a salary resolution for increases for the employees is on the agenda this evening.� We discussed and approved the capital projects.� The streets will be repaved in the spring. Councilwoman Fiamingo will be providing additional information to the consultant for the Rahway Valley Sewerage Authority project and has asked him to prepare a draft report for discussion at the next work shop meeting.

DEPARTMENT OF FINANCE

Councilwoman Fiamingo reported that a salary resolution for increases for the employees is on the agenda this evening.� We discussed and approved the capital projects.� The streets will be repaved in the spring. She will be providing additional information to the consultant for the Rahway Valley Sewerage Authority project and we will ask him to prepare a draft report for discussion for our next work shop meeting.

DEPARTMENT OF PUBLIC WORKS

Councilman Pugliese reported the DPW have been picking up the garbage along the Boulevard business district, landscaping and generally cleaning the Borough properties which includes parks, paths and dead ends.� They also have been painting the crosswalks and yellow curbs.� T. Slack Environmental Services started working on the gas and diesel tanks at the DPW yard yesterday and they should be finished by Thursday.� The Borough Attorney has reviewed the brush removal specifications that will be going out to bid in the near future.� The Borough Attorney requested some changes be made to the specifications.� Mr. Dan Ryan will adhere to those requests and forward the bid specifications once he has had the opportunity to make the changes.�� The new street sweeper is still out of commission and hopefully it will be running by early next week.� The old street sweeper is also in a state of disrepair and later this week the mechanic will look at the old street sweeper to see what repairs are needed.� The DPW has been weeding and edging the infield at DiMario Park as well as replacing the damaged wood and painting the bleachers.� They have also repaired the basketball back boards at DiMario Park and they will start to do the other parks next week.� Mr. Ryan will be ordering more of the material that is used beneath the swings to provide a cushion in case a child falls. The DPW will be setting up a table at the Octoberfest with informational brochures regarding waste water regulations, composting of leaves and recycling.

DEPARTMENT OF PUBLIC SAFETY

Councilman Clementi reported that tonight there is a Resolution tonight for a full-time crossing guard and five alternates being appointed.

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DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman DeLuca reported there has been some progress with the Stafford Project and they are working on a sit down date.� They are going to re-apply for a permit and are going to try and get emergency repairs.� They received the OK from the Building Department on the� Library elevator and they are going to proceed to go out to bid.� The Planning Board meeting is tomorrow and the Planning Board will be sending a draft Ordinance to Council on lot coverage�s.�

DEPARTMENT OF RECREATION AND FIRE

Councilman Corvelli reported that he is in the process of finding an electrician to provide receptacles for the lighting at DiMario Park.� There are on-going renovations to the old side of the Fire Department Building.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Taylor reported he received a letter of resignation from Board of Health President Patricia Koch.� The Board is grateful for the excellent work� she did while on the Board and Councilman Taylor thanked her for her years of service.

BILLS

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

CONSENT AGENDA

Resolutions No. 1 thru 8 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.

Councilwoman Fiamingo 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. 1

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

��

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RESOLUTION NO. 2

Be It Hereby Resolved:� ��

WHEREAS, a fee has been collected for removal of 1 stove in the amount of $25.00 and,

WHEREAS, the permit has been found not to be used.

NOW, THEREFORE, BE IT RESOLVED that the Treasurer be authorized to

draw a warrant in the amount of $25.00 payable to the order of:

��

Edna Seltsam

21 Commonwealth

Kenilworth, NJ� 07033

RESOLUTION NO. 3

Be It Hereby Resolved:�

WHEREAS, a fee has been collected for removal of 1 air conditioner and 1 refrigerator in the amount of $50.00 and,

WHEREAS, the permit has been found not to be used.

NOW, THEREFORE, BE IT RESOLVED that the Treasurer be authorized to draw a warrant in the amount of $50.00 payable to the order of:

�� Susan Washuta

�� 235 Faitoute Ave.

�� Kenilworth, NJ� 07033

RESOLUTION NO. 4

Be It Hereby Resolved:�

WHEREAS, a fee has been collected for removal of 1 air conditioner in the amount of $25.00 and,

WHEREAS, the permit has been found not to be used.

NOW, THEREFORE, BE IT RESOLVED that the Treasurer be authorized to draw a warrant in the amount of $25.00 payable to the order of:

�� Kristin Giordano

�� 27 North 22^nd Street

�� Kenilworth, NJ� 07033

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RESOLUTION NO. 5

��

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

��

�� #909� Roselle Park Civic Association, Inc. for an Off-Premise 50/50 Raffle on November 30, 2007 at the Kenilworth Veterans Center, 33 South 21^st St., Kenilworth.

RESOLUTION NO. 6

PERSON TO PERSON LIQUOR LICENSE TRANSFER

�� WHEREAS, an application has been filed for a person-to-person transfer of Plenary Retail Consumption License #2008-33-007-007, heretofore issued to Civile II, Inc.for an inactive license at 24 North 20^th Street, 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; and

�� WHEREAS, the applicant is qualified to be licensed according to all standards established by Title 33 of the New Jersey Statutes, regulations promulgated thereunder, as well as pertinent local ordinances and conditions consistent with Title 33; and

�� WHEREAS,� the application 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 licensed premises;

�� NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Kenilworth does hereby approve, effective September 26, 2007, the person-to-person transfer of the aforesaid Plenary Retail Consumption License to C.Q.D.S., Inc. t/a Taormina Restorante does further approve the place-to-place transfer of the aforesaid Plenary Retail Consumption� License from its former location at 24 North 20^th Street, Kenilworth, NJ� (inactive) to 482 Kenilworth Boulevard, Kenilworth, NJ, and does hereby direct the Municipal 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 C.Q.D.S., Inc., t/a Taormina Ristorante with premises located at 482 Kenilworth Boulevard, Kenilworth, NJ, effective September 26, 2007.

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RESOLUTION NO. 7

Be It Hereby Resolved:�� That all non-union employees of the Borough of Kenilworth receive a 4% salary increase for the year 2007 retroactive to January 1, 2007 except that, per State Statute, the Tax Assessor, Tax Collector/Finance Officer and the Borough Clerk receive a 4 �% salary increase for the year 2007 retroactive to January 1, 2007

RESOLUTION NO. 8

Be It Hereby Resolved:�� That the Mayor appoint the following as School Crossing Guards for the year 2007:

�� Donna Layden � full� time Crossing Guard

Alternates: �Robert Kolessar, Lao Cardosa Martins, Hearldina Lopez, Valbone Meshi and Elaine Fredricks

GENERAL BUSINESS

Councilwoman Fiamingo stated that the Octoberfest will be on Sunday, October 7, 2007 along the Boulevard from 11:00 am. to 5:00 pm.� She also stated the Centennial Committee sponsored a Freedom Run and raised money for the troops.�

Mayor David stated this coming Saturday, the Friends of Tim Carbone Scholarship Fund, of which Councilman Clementi and the Mayor are committee members, will be hosting a fund raiser entitled �Angela and Bubba�s Wedding�.� The proceeds of the event go to the Tim Carbone Scholarship Fund and scholarships are given out to the local schools.� The event will be held at the Kenilworth VFW at 7:00 and tickets are $35.00.� He stated if any one is interested, in supporting the Scholarship Fund they can buy a ticket at the door.

MEETING OPENED TO THE PUBLIC

Vincent Grimaldi, 32 North 11^th Street - Mr. Grimaldi stated he has been trying to get his street repaved for the past 25 years. Each year someone tells him he is on the list for the following year.� He stated this has been going on since Mayor Mancino was in office. He said he finally got Carmela Colosimo and Fred Soos to come and look at the street last year and they stated they would put him on the list. He stated his street is terrible and down to dirt.� He said when he calls to get the potholes fixed he is told it is not pot hole season.� Some of the residents of the street have purchased their own patch mix and have paved in front of their street.� He stated that the DPW fixed some potholes last week and they told him the street does not need the potholes fixed, they need a new street.� Mr. Grimaldi also stated there is no light in between 10^th Street and 12^th Street.� He said this makes a haven for people that come out of Apples at 2 or 3 am to continue drinking. There are bottles and beer cans in the area. He stated the traffic officer came to look at the area last year and it looked like he was going to do something positive but

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nothing happened.� Also there are an abundance of rodents at the dead end of the street.� He has called the Board of Health and they advised that they will look into the rodent situation but

they did not address the cat situation.� He stated there are 6 or 8 stray cats that are running around and the Board of Health told him to buy or rent a trap.� Then they told him that he has to� trap them between certain hours and he has to make sure the temperature is right.� He does not want to take the responsibility of catching a cat when the temperature is too cold or too warm. He stated his neighbors cannot let their kids or grandkids go outside because there is cat feces all over the place and cats that are leaving half eaten rodents all over the area. He called animal control and they contradicted what the Board of Health stated. He stated it is not his responsibility to control domestic animals.��

Chris Lucious, 41 North 11^th Street � Ms. Lucious stated her back yard backs up against the property that Vince was speaking of and she has a problem with the cats. She stated it is like a garbage dump back there.� There is a storage container and it is a mess.

Manuel ?, 35 North 11^th Street � Mr. Manuel stated he has been there about 1 year and he would like the street to be paved.� He stated he has a 6 year old and she has fallen on her bicycle several times in the street due to the condition of the street.

Councilman Pugliese stated that he agrees that North 11^th Street is in disrepair and as far as he knows it doesn�t even have curbs. He stated he did look into it.� He doesn�t want to promise the street will get done but the Council put North 11^th Street on the list. He stated it has not been officially confirmed that it will be one of the six or seven that will be getting paved this year.�

He stated that if it is not being paved this year, simply by reason of moving up the list, it would seem to be closer to getting paved next year.

Mr. Grimaldi stated that if his street is being repaved the Gas Company should be involved.

Mayor David stated that it is standing operating procedure for the Engineer to contact the utilities prior to the Borough reconstructing the streets. The Borough has an Ordinance in place that prevents the utilities or anyone else from opening up a street for five years once it has been resurfaced.� That does not apply to emergencies.�

Mr. Grimaldi asked what streets are going to be done this year?

Councilman Pugliese stated the streets have not been confirmed.

Mayor David stated the decision was made last night and the streets are Fairfield, Lincoln, Carnegie (which is a grant), Epping and Red Maple.�

Eric Cunado, 27 North 11^th Street � Mr. Cunado asked there was a plan that coincides road resurfacing with the utility work so that you don�t have people working on a road that has just been resurfaced.

Mayor David stated it is routine to contact all the utilities and let them know that a street is going to be resurfaced or paved and give them the opportunity to do any upgrades or anything else they would need to do prior to that happening. The Engineers are usually on top of checking the sewer lines underneath the street. The sewer lines are very old just like our streets and at any

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given time a sewer line can break and that would require pulling up the street.� That is one of the factors that go into the decision making process as to what street gets done, �we take care of the sewer and the street in conjunction with each other.��

Mr. Cunado asked if the present system is more re-active to situations as far as utilities and not the roads themselves?

Mayor David stated the streets they pick are because those streets are in bad shape.

Mr. Cunado asked if there was a list for next year, other that the roads mentioned before?

Mayor David stated there was a list that was used at last night�s meeting and� there were more streets on the list then were selected.� The amount of money the Borough can commit to spend on Capital Projects changes from one year to the next.� They cannot say that every street that did not make the list last night is definitely going to be on the list next year because it is a whole different budget year.�

Mr. Cunado asked if they pick the roads based on the severity of the road?

Mayor David stated there are many� bad roads in the Borough and the list is very long. The roads are picked based on the Engineers recommendations.�� Mayor David stated the roads that are being fixed are based on need and funds available.

Joe Panechi ?, Corner of 11^th & Boulevard � Mr. P stated that the first 50 or 60 yards of his street is not bad but the further you go down it becomes a safety issue.� He asked if safety was considered when they decide what road to do? He stated there are potholes and maybe because it is a dead end it is not being considered.

Mayor David stated the Borough relies on professionals that are hired to go out and tell us what streets, from an engineering prospective, are in really bad shape.� The engineers provide the information to the Governing Body and we go through that information and based on the money we have and our own knowledge of the street we make a decision. Mayor David stated he has been on North 11^th Street and it is in bad shape but there are also many other streets that are just as bad. Mayor David stated it is nice to see people come out and get involved in government and if someone wants to keep up on the progress of their street they are welcomed to come to the meetings maybe every other month or so.� They can find out the status of their street ie if there is a new list, if anything has changed or if their street has gotten worse.� Mayor David stated that not to long ago there was street that had to be repaved on an emergency basis because it just completely disintegrated.� He said staying on top of your street is a good thing.�

Mr. Panechi stated that because his street is not a thru street and since it is not a hazard as far as traffic it may not be evaluated as a bad street.

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Mayor David stated that just because his street is not a thru street it does not give his street less of a chance to be considered. An example would be that Red Maple, which is a cul-de-sac, was approved last night.�

Livio Mancino, 102 North 24^th Street � Mr. Mancino asked the Council to check Apples contract with Borough because he believes they have to maintain the area around Apples.� He also stated 11^th Street was on Community Development his last year as Mayor.

Mayor David stated the Borough of Kenilworth is no longer eligible for Community Development Grants for street improvements based on the latest census.

Mr. Mancino suggested� that Councilman Pugliese write a letter to the Community Development committee and ask them why they are not eligible and to keep asking them year after year. He said maybe there is an appeal process. He stated he will go and fight for their services.� Mr. Mancino stated the high school is going to install bumpers to prevent speeding. He stated the stop sign at the exit should say no exiting. He asked if all the stop signs are not reflective enough?� He stated he heard there were reflectors on the stop signs that make it obvious at night.

Councilman DeLuca stated all the new stop signs have reflectors.

Jerry Ramos, 337 North 19^th Street � Mr. Ramos stated he is the representative for the Community Development Block Grant representing Kenilworth.� He stated the census stated� the Borough Kenilworth is too rich to get grant money.� As Kenilworth�s representative, he goes to meetings all� year and he lobbies for roads.� He has been very successful in getting money for the Library and the elevator in the Library and for the expansion of the Fire Department.� Right now there is only money available for Senior Citizens or special need groups. The Kenilworth Fire Department is the only place of harbor in case of an emergency.� Because of the elevator, which was purchased thru the Community Block Grant, we have a place to� house senior citizens in case of emergency.� The census stated that the amount of money Kenilworth residents make is above the Federal Government level to qualify for Community Development grants for roads.� He stated there is nothing that the County or Kenilworth can do to fight this.� Mr. Ramos said he goes there every year and tries to fight for these things but it is a decision that is made well above our heads.� We have been very successful with getting grant monies to upgrade the new addition to the Fire Department and the elevator in the Library. Mr. Ramos stated that the roads in the Borough, under previous administrations, have been neglected to the maximum.� Kenilworth developed a reputation as a town with the worst roads in Union County and this has been going on for long before the current administration has been in office.� He stated that during the administration of Gregg David there have been over 30 to 40 roads done in his administration, which is unparalleled in the amount of roads that have been repaired during any administration before his time.� He said to the people on 11^th Street to do what he did to get his street done and come to the meetings and lobby for their street because the squeaky wheel gets greased.

Mr. Grimaldi stated that his street is on the list this year but when the Council reviews the list next year there is no guarantee that his street will get done then either. He stated it is no comfort to know he is on the list when he could get bumped because another street has a bigger pothole. He stated he could be on the list for another ten years. Mr. Grimaldi asked the

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Council if they had any encouraging words to say about getting his street done next year or the year after.

Mayor David stated that anyone on Council can respond to Mr. Grimaldi�s question, but for himself, he will not be on Council next year.� He stated there was an element of finance that goes into the decision making process from one year to the next.� As an example, if there are 10

streets on the list that are left over from this year & the current estimate to do those 10 streets is 2 million dollars we will most likely never have 2 million dollars in the budget to do all those streets in one year.�� They have to pick and choose which streets get done even if all ten of those streets are labeled as very bad.� Mayor David stated that he does not think anyone on Council can make a promise that any street will definitely get done next year. Maybe someone on the Council would be able to make a promise but he will not be on Council� next year and if he was he would not make a promise that a certain street would definitely get done.� When your street is listed as one of the worst streets you are on a priority list to get done.

Mr. Grimaldi stated that if you have a million dollars to do 10 streets and it costs 5 million to do those 10 streets, which streets get the priority?� He stated that the list is not prioritized because if the following year 4 more streets get put on the list you don�t� know if your street will keep it�s same sport for being fixed.

Mayor David added that new streets that get added to the list should go to the bottom of the list.

John Bury, 417 North 15^th Street � Mr. Bury stated that North 15^th Street was done a few years ago.� He stated they put Belgian block in for around $1,000.00. Mr. Bury asked if people were aware that they have to pay.�

Mayor David stated that any street that gets resurfaced or reconstructed and new Belgian Block curbing is put in or needs to be replaced, the residents are assessed for the footage along their property unless there was grant money used in the reconstruction.� There are people that come to meetings and say they do not want their street done because they do no want to pay for the curbing. Mayor David stated that some people from North 15^th Street came to meetings to say they wanted their street done and when some people found out they would have to pay for some curbing and they did not want their street done.�

Mr. Bury stated that about five years ago they used to� have open night basketball for adults and if the Recreation would start that again?� Councilman Corvelli stated he would have to petition the Board of Education.� Councilman Corvelli stated if there was a great interest he would ask the Board of Education.� Mr. Bury stated there are about 15 people interested.�

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. All in favor

9:00 P.M.�� Respectfully submitted,

�� Hedy Lipke, Borough Clerk��

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