Council Minutes from 10/10/2007

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH� HELD ON WEDNESDAY EVENING, OCTOBER 10, 2007.� MAYOR GREGG DAVID PRESIDED.

ROLL CALL

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

Mayor David read the requirements of the Open Public Meetings Act.

The Salute to the Flag was led by Mayor David.

PRESENTATION

Assemblyman Cryan and Paul Stridick from the Department of Community Affairs presented Kenilworth with a ceremonial check for $75,000.00 for Extraordinary Aid.� Mayor David stated that this money is used for taxpayer relief.

Mr. Stridick stated that on behalf of the Department of Community Affairs he is happy to have helped Kenilworth with their Extraordinary Aid.� He stated that as he took a ride through the Borough he knew that the money would be put to good use.

Assemblyman Cryan thanked Hedy Lipke and the Council for the application. He stated that on behalf of Assemblyman Cohen and Senator Lesniak it has been a pleasure lobbying for this type of aid.� He said only two communities in Union County received the first wave of Extraordinary Aid based on the quality of their applications and Kenilworth was fortunate to be one of them.� Assemblyman Cryan encouraged everyone who has an opportunity to vote in November, because there is a question on property tax relief on the ballot and he encouraged everyone to look at that question and to vote yes because it will sustain property tax initiatives that will help tax payers.

Mayor David stated that Kenilworth has applied for Extraordinary Aid every year since he has been Mayor and the Borough has been fortunate enough to receive Extraordinary Aid for three out of those four years.� He stated that not many communities get extraordinary aid and Kenilworth is very thankful.

MINUTES

It was moved by Councilman Taylor, seconded by Councilman Clementi, and carried that the Work Session Meeting of September 25, 2007 and the Regular Meeting of September� 26, 2007 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS

1. Small Claims Summons was received on 10/3/07 from Michael Mastellone contending the Borough Tax Collector refuses to refund or credit money due him on a refunded Tax Lien.

2. A check has been received for �2007 Recycling Tonage Grant� in the amount of $4,059.32.

Regular Council Meeting � October 10, 2007�� Page 2

3. Letter from residents of North 11^th Street complaining about the condition of the property at 36 North 11^th Street and contending there are rats in that area.

4. Copy of a letter from John Ferraioli, Health Officer, to Kris Kolluri, Commissioner of NJDOT, asking for assurances that there will be swift clean up and remediation of the soil dumped at the Rahway Valley Railroad site.

REPORTS

1. Police Department Report for the month of September, 2007.

2. Construction Department Report for the month of September, 2007.

3. Borough Clerk�s Report for the month of September, 2007.

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

Mayor David stated he received a letter dated October 5^th from the County of Union stating, on behalf of the Union County Board of Chosen Freeholders and the Open Space Recreation and Historic Preservation Trust Fund Committee, they are proud to announce the awarding of the Kids Recreation Trust Fund Grant for 2007.� They stated that they are delighted that Kenilworth chose to participate.� The Freeholder Board is presenting ceremonial checks that indicate the amount of your Municipalities award at the start of its regular meeting on October 11, 2007 at 7:00 in the Freeholder� Meeting Room.� Mayor David stated he has a Rahway Valley Sewerage Meeting tomorrow evening and he will not be able to attend.� He stated he believes the award is for $50,000.00 and it is a matching grant.� The majority of the grant is to be dedicated to North 16^th Street Park. Kenilworth looks forward to obtaining the grant and to making the improvements to the park.

Mayor David also stated he has a letter from Mayor Delorio from Roselle Park advising Kenilworth that they are having a Buddy Walk to raise money for the National Downs Syndrome Society.� The walk is being held on October 13, 2007 at Warinanco Park.� Registration begins at 10:00 am and the walk starts at 11:00 am.� Mayor Delorio is asking anyone who is interested in walking or contributing to come to the park at 10:00 am.��

�

REPORT OF COMMITTEES

DEPARTMENT OF FINANCE

Councilwoman Fiamingo stated that last night the Council had a presentation from Richard O�Connor, Grotto Associates regarding the proposed sewer utility authority that the Borough is considering implementing in the Town.� The purpose of the authority would be to more equitably allocate the RVSA rates that are being charged to the Borough.� We are scheduled to get some significant increases over the next several years.� She stated that Mayor and Council will be scheduling a number of public hearings so that they can bring it out to the public and make sure they understand what the proposal is and make sure any questions they� have can be answered before this goes into effect.� No decision has been made at this point it is still being considered by Council.

Regular Council Meeting � October 10, 2007�� Page 3

DEPARTMENT OF PUBLIC WORKS

Councilman Pugliese stated that in addition to their general cleaning and maintaining of the Borough, the DPW has been painting crosswalks, stop bars and all the parking lines in the Borough.� The gas and diesel tanks at the yard were supposed to be completed two weeks ago and unfortunately T. Slack Environmental Services has not finished yet.� According to Mr. Ryan it will be completed by the end of the week.� The brush removal bid specifications will be advertised on October 12, 2007 and the bid opening date is October 23, 2007.� We have received the new street sweeper back from repair.� Mr. Ryan will determine how long it will take to clean the entire Borough and he will be putting a tentative schedule in place and hopefully he can start on a trial basis in a few months. There will be a meeting of the sub committee which includes Mr. Clementi, Mr. Taylor, myself and the Borough Labor Attorney, Mr. Renaud regarding the review of the Department of Public Work collective bargaining agreement.� The meeting will be held on October 16^th.� The old street sweeper is in a state of disrepair and will cost approximately $2,000.00 to repair.� The Governing Body will decide at the next Work Session if we want to put that type of money into the street sweeper.� Mr. Pugliese stated that his position is that they should have a back up sweeper.� There have been some complaints regarding brush that needs to be cut back along the walkways that run from the Boulevard to the spaghetti streets in the Lincoln, Coolidge Drive area. Councilman Pugliese has made Mr. Ryan aware of the problem and he stated that Mr. Ryan will look into that situation.�

DEPARTMENT OF PUBLIC SAFETY

Councilman Clementi read the September Monthly report from Chief Dowd.� There was a total of 90 hours of training during the month on police techniques and operations SWAT and CPR.� The Borough has received credit from Emergency Management Division of the State Police for a full scale exercise for an actual occurrence which was the Nor�easter of April 15^th and 16^th of this year.� The Octoberfest was quiet from a police standpoint.� There was a total of 80 police overtime hours used.� One of the officers has applied for the Family Medical Leave Act.� The Police Department is asking that any resident who is not registered with the Emergency 911 system to please call the Department and get put on the list so that they can be notified of emergencies.� The information that you provide will be confidential to the Police Department only.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman DeLuca was absent.

DEPARTMENT OF RECREATION AND FIRE

Councilman Corvelli stated he had a letter from Roselle Park thanking the Kenilworth Fire Department for their help in responding quickly to a fire in their Borough.� The Recreation Committee has filled 2 vacancies.� The new permanent additions are Amy Reichel and William Zorich.� Tom Lynaugh finished the inspections on each of the parks and he provided a detailed list on how the parks can comply with State regulations.� There are things that need to be addressed and they will starting the work shortly.

Regular Council Meeting � October 10, 2007�� Page 4

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Taylor reported that both items he was going to report on were addressed in the� Communications and Petitions.� A letter was received from a resident of North 11^th Street and the information has been forwarded to the Sanitarian. The Board of Health is holding a special meeting tomorrow night regarding the clean up at the Rahway Valley Railroad site and they have invited the Borough Attorney to attend.��

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� moved that all items under Consent Agenda be approved, seconded by Councilman .� 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, the following property was issued a permit and fees were received by the Building Department.

WHEREAS, it has been determined that the homeowner is a senior citizen, and is entitled to a reduced fee as per Borough Ordinance No. 99-5.

NOW, THEREFORE, BE IT RESOLVED that the Treasurer be and is herby authorized to draw a warrant to refund the following to:

Amount of $46.00 to be refunded to the contractor, who initially paid the permit fee.\

�� Dun Rite

�� 39 Brasser Lane

�� Kenilworth, NJ� 07033

�� Block #151, Lot #1�� Permit #07-00131

��

Regular Council Meeting � October 10, 2007�� Page 5

RESOLUTION NO. 3

WHEREAS, William Trautman and Lisa Greenhill are the owners of Block 63, lot 5, 26 Sherwood Road, Borough of Kenilworth, Union County, NJ, and;

WHEREAS, First American Real Estate Tax Service has paid taxes on the aforementioned parcel for the second quarter of� 2007, and;

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

��

�� 63 �� 5�� First American Real Estate Tax Service�� $1,332.79

�� Refund Dept.

�� P.O. Box 961250

�� Fort Worth, TX�� 76161-9887

RESOLUTION NO. 4

WHEREAS, N.J.S.A. 40A: 4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any municipality when such item shall have been made available by law and the amount thereof was not determined at the time of adoption of the municipal budget, and

WHEREAS, said Director may also approve the insertion of an item of appropriation for an equal amount, and

WHEREAS, the Borough of Kenilworth has received $4,059.32 from the Solid Waste Administration Recycling Fund and wishes to amend its 2007 Budget to include this amount as revenue,

NOW, THEREFORE, BE IT RESOLVED that the Council of the Borough of Kenilworth hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2007 in the sum of��$4,059.32

which is now available as a revenue from:

�� Miscellaneous Revenues

�� Special Items of General Revenue Anticipated with Prior Written Consent of the��

�� Director of Local Government Services:

�� Public and Private Revenues Off-Set with Appropriations:

�� Solid Waste Administration Recycling Tonnage Grant Program

��

BE IT FURTHER RESOLVED that a like sum of��$4,059.32

Regular Council Meeting � October 10, 2007�� Page 6

be and the same is hereby appropriated under the caption of:

�� General Appropriations

(a) Operations Excluded from "CAPS"

Public and Private programs Off-Set by Revenue:

�� Solid Waste Administration Recycling Tonnage Grant program

BE IT FURTHER RESOLVED, that the Borough Clerk forward two copies of this resolution to the Director of Local Government Services.

RESOLUTION NO. 5

��

That ATLANTIC FLAGS AND FLAGPOLES CO. �be authorized to supply and install street decorations for the 2007 Holiday Season for a total price of $8750.00, as listed below per the attached Agreement.� Decorations to be installed on or before Thanksgiving.

�� 16 � 6� Silhouette Snowflakes

�� 10 � 4� Wreaths Deluxe

Payment for 2007 to be made as follows:

��

�� 50% Deposit Due Upon Confirmation�� $4,375.00

�� 50% Upon Removal�� $4,375.00

Prices are for three (3) year contract (2007, 2008 & 2009).� Also decoration of the front of Borough Hall is included in the price.

Be It Further Resolved� that pursuant to N.J.A.C. 5:34-5.1 et seq Local Public Contracts Law, the required Certificate of Availability of Funds has been obtained from the Chief Finance Officer of the Borough of Kenilworth.� The appropriation to be charged for this expenditure is:�

Celebration of Public Events - #7-01-28-796-000

CERTIFICATION OF FUNDS

DATE ____________________

APPROPRIATION

��

�� TREASURER

Regular Council Meeting � October 10, 2007�� Page 7

RESOLUTION NO. 6

�� CHANGE ORDER

�� 2006 ROADWAY IMPROVEMENTS�

Be It Hereby Resolved:�� That the Contract for �2006 Roadway Improvements� awarded to Topline Construction Company, is hereby amended as per a Change Order #6 to add the amount of $4,100. for South 21^st Street Municipal Lot concrete sidewalk, curb & additional striping as recommended by the Borough Engineers PMK Group.� The total contract amount will now be $717,793.00.

BE IT FURTHER RESOLVED that the Mayor be authorized to sign and Change Order.

BE IT FURTHER RESOLVED that pursuant to N.J.A.C. 5:34-5.1 et seq. Local Public Contracts Law, the required Certificate of Availability of Funds in attached.

RESOLUTION NO. 7

��

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

��

�� #910� St. Theresa�s Church and School, for an On-Premise 50/50 Raffle on November 24, 2007 at 541 Washington Ave., Kenilworth, NJ.�

��

�� #911�� St. Theresa�s Church and School for an Off-Premise 50/50 Raffle on November 24, 2007 at 541 Washington Ave., Kenilworth, NJ.

�� #912�� Kenilworth Historical Society for an On-Premise 50/50 Raffle on November 5, 2007 at David Brearley Middle/High School, 401 Monroe Avenue, Kenilworth, NJ

RESOLUTION NO. 8

Be It Hereby Resolved:�� That the Mayor appoints Amy Reichel and William Zorich as

regular members of the Recreation Committee for 3 year terms expiring December 31,

2009.

Regular Council Meeting � October 10, 2007�� Page 8

GENERAL BUSINESS

Mayor David mentioned that this past Sunday was the annual Kenilworth Octoberfest the weather was beautiful and it was well attended.� For anyone who does not know this event is sponsored by the Pride In Kenilworth Committee and all money raised goes to sponsor the Holiday Celebration in December and the 4^th of July Fireworks.� Mayor David thanked Carmela Colosimo who chaired the Pride In Kenilworth Committee and also the rest of the members of the committee.� He also thanked all the volunteers who helped on Sunday to make the event a success.

Councilman Corvelli thanked Mr. Lynaugh for inspecting the Borough Parks at no cost to the Borough.

Hedy Lipke stated this coming Saturday is the Red Ribbon March.� The march is starting at David Brearley at 10:00 or 10:30 and will end at Nomeghan Park.� She stated she is not sure of the starting time and you can call the police department for the exact time.

MEETING OPENED TO THE PUBLIC

Livio Mancino, 102 North 24^th Street � Mr. Mancino stated that people in the back of the room cannot hear.� He said he has the Resolution for 911 but he forgot to bring it but he will drop it off during the week. Mr. Mancino asked if the Borough could let residents know when and how the DPW is going to pick up leaves.� He suggested that when the truck is riding around and they see leaves accumulate around the sewer plates that they pick up the leaves.� Mr. Mancino asked if the Town was trying to reevaluate the free property and edifice that is being built� on Michigan Avenue?� Mayor David replied yes.� He asked if the builder was being forced to give a traffic study?� Mayor David replied no, the builder was asked to provide a traffic study.� Mr. Mancino asked� Councilwoman Fiamingo and Councilman Pugliese why they voted to have the traffic study done when they are not in favor of the project.� Councilwoman Fiamingo stated that the builder has the right to submit a proposal to the Planning Board and he would have to pay for those plans at that time.� She stated it was the consensus of the Council that to even consider the project the studies should be done.� Councilman Pugliese stated he is not in favor of the project.� He stated he wanted his decision to be an informed decision and the builder could either go through with the studies and pay for them or he can make the Council vote on it.� Councilman Pugliese stated that if the Governing Body wanted to bring this to a vote, regardless of what Councilwoman Fiamingo and himself did or did not want to do, it would have been a 4 to 2 vote.�� Mr. Mancino asked Councilwoman Fiamingo if it was true what he read in a newspaper article that she stated Kenilworth needs to do something to uplift the Recreation Committee? Councilwoman Fiamingo stated that she did want to improve the Recreation Department and make sure there are programs for the children that fit their needs. Mr. Mancino asked Councilwoman Fiamingo if she thought the new police building should go where the Recreation Department is?� Councilwoman Fiamingo stated yes she does believe the new police building should go where the Recreation Building is and that the Borough would have to relocate the Recreation building.� She stated she would like to have a discussion with the Board of Education on those issues.

Mayor David stated that, with regards to the traffic study, he has not made up his mind and the purpose of asking the developer to fund the studies was to do the due diligence so that the

Regular Council Meeting � October 10, 2007�� Page 9

Council could make an informed decision.� Usually informed decisions are made after getting the facts, not before getting the facts.� Mayor David said that in response to Councilman Pugliese�s statement that� he does not want the new public safety building but he wants to make an informed decision, seems ludicrous to him since Councilman Pugliese would need the facts to make an informed decision and the facts are not in yet and he has already made his decision.� Mayor David reiterated that he has not made up his mind and he will not make up his mind until all the studies are in the Governing Body�s hands.

Robert Herbert, 363 Coolidge Drive � Mr. Herbert asked the Mayor that since he wrote a letter to the taxpayers advising them that the Borough will notify the public when the meetings regarding a need for a public safety building will be to please cut these political discussions short because it is not fair to discuss these things until the Council is ready to present everything to the taxpayers. Mr. Herbert stated that one developer wanted to change his industrial property to commercial and he spent a lot of money and was told no. Mr. Herbert asked why is this gentleman any different, why he can�t spend money?� If we can�t change one industrial spot� to a commercial area how come we can take an industrial area and make it into a residential area?� This should be brought to the public meeting for discussion.� Mr. Herbert asked Councilman Corvelli to walk through the outfield at DiMario Park because the outfield is dangerous. Councilman Corvelli stated that before spring softball starts up the field will be worked on and leveled. Mr. Herbert asked if there was money allocated for North 16^th Street?� Mayor David responded by stating that at the beginning of tonight�s council meeting he stated that the Borough will be receiving a $50,000.00 check from the County.� This check is for a matching grant and the money will be used mostly for 16^th Street Park.

Bob Beiner- 36 South 24^th Street � Mr. Beiner stated that in the September 28^th edition of the Star Ledger there was an article which stated that Councilwoman Fiamingo was opposed to the senior housing building because it was not subsidized? Councilwoman Fiamingo responded by stating the article mis characterized� the project as senior housing. She stated a lot of senior individuals in this community are confused with the concept of subsidized housing.� Mr. Beiner stated the New Jersey Council on Affordable Housing would not subsidize housing for middle class seniors for $300,000.00 housing. Councilwoman Fiamingo stated that she has spoken to a number of senior citizens who are looking at the complex as if it was like the senior housing in Westfield,� Cranford and Union which is subsidized housing.� Councilman Pugliese said the units can be rented out.� He also stated that when he mentioned to Mr. Abrams that there may be a by-law prohibiting the renting out of the units to other individuals, his inclination was not to put such a by-law in the condominium documents because that would reduce the value of the property.� He stated there are a lot of misconceptions and its important that Kathi and who ever else fully explain to the people what the plan is.�� Mr. Beiner stated that Ms. Neuhouser wrote a letter to the editor saying that the senior housing was not government sponsored and they would have to pay maintenance fees and taxes and she asked what the benefit was for seniors.� Mr. Beiner stated that some Kenilworth seniors may want to downsize their home and still stay in Kenilworth. An example of� what they might want to do would be to sell their house� for approximately for $400,000.00 and since the proposed senior building apartments will start around $250,000.00, that senior can put $150,000.00 in the bank and at 4% per year that�s $6,000.00 per year and $500.00 per month in their pocket and that�s why some people would do it. It�s not for everybody but some senior residents would like to be able to stay in Kenilworth.� Mr. Beiner stated that last year Councilwoman Fiamingo and Bob Herbert criticized the Governing Body when they applied for Extraordinary Aid. He stated that Bob Herbert wrote a

Regular Council Meeting � October 10, 2007�� Page 10

letter to the editor of the Star Ledger, The Union Leader and the Cranford Chronicle and he called Kenilworth a distressed city and compared it to Elizabeth, East Orange and Hillside.� He

asked why would a desirable town like Kenilworth be considered like Hillside.� Mayor David responded by stating he does not think it is appropriate to attack a fellow citizen under this forum, if Mr. Beiner has something to say against the Council it�s different.� Mr. Beiner stated that he just wanted to point out that Kenilworth is not a distressed city and the Governing Body is doing it�s job by seeking every dollar that is out there in grants and aids.� He stated he does not think Kenilworth is a distressed city he thinks we are a good middle class city.

Mayor David stated that if anyone wants to address or attack the Governing Body they may do� but to please not involve the audience.

Trudy Neuhauser, 45 South 17^th Street � Ms. Neuhauser stated she did write that letter because she heard people say that Kenilworth is going to have senior housing and they think it is going to be subsidized.� She stated that no one knows what the housing will cost. Se said that she cannot get $400,000.00 for her house and many seniors can�t. She just wanted to answer people that were asking her questions and let them know what was going on. She wanted them to know it is not being subsidized.

Mayor David asked Mr. Herbert to keep it brief and try not to make it an audience attack.

Mr. Herbert stated as a taxpayer he salutes the American flag and as an American he would like to have the right and freedom of speech to speak because right now freedom of speech is part of the constitution and the way the government is going, in the near future, he does not know if he will have that right.� The government is going to have hell to try and stop him from talking and they can get their special swat teams and all the other people out there that we pay to represent us.� He said that the $75,000.00 was given to us but in the big picture the State of New Jersey and the Federal Government does not give the tax payers nothing, we pay for that.� He was approached by several people, former council people who explained to him what Extraordinary Aid was. He stated he is a simple American citizen saying his opinion and when it was explained to him he saw it in a little different light and he also explained to� people that they are not giving us Extraordinary Aid, the taxpayer is paying for that. He stated that everyone knows who he is except one particular gentleman and he will find out who he is.� He stated we have a bureaucratic government and as a taxpayer he is sick of it, you are there to serve the people and we do not work for them, they work for us and we pay their salaries.�

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. All in favor

8:50 P.M.�� Respectfully submitted,

�� Hedy Lipke, Borough Clerk��

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