Council Minutes from 10/24/2007

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH� HELD ON WEDNESDAY EVENING, OCTOBER 24, 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, 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 Deluca, seconded by Councilman Taylor, and carried that the minutes of the Work Session Meeting of October 9, 2007 and the Regular Meeting of October 10, 2007 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS

1. Letter received from Michael D�Ecclessis, Municipal Division Manager, Superior Court of New Jersey, Union Vicinage, informed that his office will be conducting their Annual Municipal Court Visitation of the Kenilworth Court on Wednesday, February 13, 2008.

2. The next regularly scheduled Council Meeting will be on Wednesday, November 28, 2007.

REPORT OF COMMITTEES

Mayor David stated he attended the Rahway Valley Sewerage Authority Commission Meeting last Thursday as he is the Borough�s representative to the Commission.� One of the key decisions that was made at that meeting was the Authority is sending out requests for proposals for professionals to potentially start the privatization of the Rahway Valley Sewerage Authority. This move is controversial among the Commission members.� The vote went to a 6/5 vote, six in favor of privatizing and five against.� Mayor David stated he was one of the members who voted against privatizing, adding he is not opposed to privatization but the Authority had a Mayors Forum last year and they had paid professionals who provided a dog and pony show around privatization.� It was at that meeting that the professionals, who were paid about $50,000.00 to do the study, agreed with the majority of the Mayors in attendance that now is not the time for privatization.� The Authority is in the process of doing major capital improvements to the facility in the amount of approximately $300 million dollars. As a result of these improvements there will be many efficiencies gained, one of which will be a co-generation plant which will provide power to the plant and will generate its own power.� The Mayors felt at the time of the meeting that it would be premature to seek privatization until the plant is completed and until it has been in operation for approximately 1-2 years.� There would no way of telling how much it would cost to run the facility. Most people feel there will be a saving as a result of the capital improvements.� The Mayor stated that you cannot compare that to what it would cost to privatize and that was what was decided about a year ago. There is one commissioner who represents Rahway who seems to be the driving force behind privatizing and he was the one who pushed

Regular Council Meeting October 24, 2007�� Page 2

this to a vote and unfortunately was able to receive enough votes to move forward.� This is� a request for proposals trying to solicit professionals who will begin to study the process of privatization.� The Mayor stated that an interesting thing to note was that the representative from Cranford provided the tie breaking vote in favor of this and as soon as the meeting was opened to the public, the Deputy Mayor of Cranford blasted the Commission for going forward with privatization at this time. It was very interesting that the representative for Cranford was not in tune with his governing body.� The Mayor stated he will keep the public aware as this proceeds.�

The Mayor stated that Councilwoman Fiamingo has made people aware that the Borough is looking at potentially creating a Sewer Utility within the Borough.� By creating a sewer utility the sewer portion that people currently pay in their tax bills would be billed separately.� The bill would be based on water usage.� At the present time everyone pays basically the same rate because it is built into the tax rate. With a separate utility the amount of water consumed will actually determine how much a sewer bill� would be.� People who don�t use a lot of water will benefit from the utility and those who use a lot of water will probably end up paying more when they compare their tax bill to what they are now paying to the utility.� No decision has been made on moving forward with this.� We have hired the same professionals that Clark used to assist us.� Clark implemented this about a year ago and their engineer, who was instrumental in starting their utility, has been doing a lot of the leg work.� We are at a point where we need to start alerting the public what this all means and then ultimately make a decision on whether we are going to implement this or not.� The Governing Body decided last night that we would like to hold a public forum sometime in the near future.� The professionals that we are paying to assist us will be responsible for providing the information.� We will hold the forum on Tuesday, November 20, 2007, 7:00 pm at Borough Hall.� We will announce the meeting through press releases and other venues to alert the public that this forum is taking place so that they can hear first hand what this all means to the residents of Kenilworth.

DEPARTMENT OF FINANCE

Councilwoman Fiamingo reported that bids were received for the Library elevator.� We need to determine the financing mechanism for that.� She spoke with the Borough Auditors and the Finance Officer and the Clerk about the funds available and we will have the funds available.� The Mayor is also working on re-instating a grant from Community Development for $50,000.00 which, if approved, would give us $150,000.� The remaining funds will have to be bonded.� She stated that in order to do this it is very important that we move ahead with this project because it is something that needs to be done.� It is a project that the Mayor and Councilman Taylor have been very instrumental in wanting to move forward.� Councilwoman Fiamingo asked if the Council wanted her to do that, she will instruct the Finance Officer to get this moving so that they will have the Ordinance in place for first reading at the next meeting.� There will have to be a Special Meeting for the second reading.

DEPARTMENT OF PUBLIC WORKS

Councilman Pugliese reported the DPW has been performing their regular duties as well as cleaning the Borough parks, paths, dead ends and cleaning catch basins.� The tanks have been painted and they are waiting for T. Slack Environmental Services to put the emblems, warnings and manufacturing� details on the tanks.� They received a quote of $6,800.00 to fix the

Regular Council Meeting October 24, 2007�� Page 3

old street sweeper.� They have not made a decision as to whether or not they are going to repair it.� The decision will be contingent upon whether or not they adopt the street sweeping schedule.� The street sweeping schedule has been drafted by Supervisor Ryan.� The initial draft of the street sweeping schedule states each street will be cleaned weekly, subject to weather conditions.� Mr. Ryan is waiting for quotes for replacement parts for the play sets at DiMario Park and 16^th Street Park.� There has been an inspection of the parks and as a result of those inspections there needs to be some repairs and Mr. Ryan is getting some quotes for the replacement parts.� A driver will be out on a relatively long sick leave, approximately 3-4 months and Mr. Ryan has been given the permission to hire a temporary driver to take his spot.��

DEPARTMENT OF PUBLIC SAFETY

Councilman Clementi had nothing to report.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman DeLuca reported there were a few complaints regarding the covering of gas valves on the 2006 Road Project.� Topline has agreed to work on this.� DiMario Park is completed however there appears to be some low spots along the field and we are going to have PMK, our Borough engineer, go and check it out and they will probably fix it later in the year.� Surveying has started for the 2007 Road Project.

DEPARTMENT OF RECREATION AND FIRE

Councilman Corvelli reported the Fire Department is going to the schools this week for

Fire Prevention Week.� The Recreation Department has new mandates from the State regarding park compliance.� Each park is to be inspected and any areas of deficiencies the Borough will need to fix.� We are aware of the problems and are addressing them.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Taylor reported that as per the Borough�s request the Board of Health had a special meeting, which the Borough Attorney attended, regarding the railroad easement.� It was decided that there would be no legal action taken, rather the Borough Attorney would contact the State in an attempt to negotiate and find out more information with regard to the product on the easement.� It appears that our discussions are furthering some activity on that property.� Diane from Rogut, McCarthy & Troy has reported that there have been conversations with the DOT and they are now in discussion with the Attorney General�s Office in order to get some movement on this.� There is a plan in place and we are going to be receiving weekly updates with regards to the removal and hopefully within the next month we will have a final time table and understanding of when the project will be completed.� This is good news in that we would not want to get involved in litigation when we hopefully can get things done without going to court.� The Board of Health decided it was worth continuing discussions, getting updates and hopefully getting the DOT to address the problem without any further involvement of litigation.�

Regular Council Meeting October 24, 2007�� Page 4

Councilman Taylor stated that at the last meeting residents of 11^th Street came up and most of their discussions had to do with their street but they also discussed a rodent problem.� At the last meeting we received a letter identifying the property and the Borough Sanitarian went� to the property and I also spoke to the land owner and also reviewed it. The property has been improved on certain issues with regard to wildlife, overgrowth on the property was cut back and there were some repairs done to the property that will hopefully end the issue.

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 Clementi 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

Be It Hereby Resolved:�� That the Municipal Finance Officer be authorized to pay necessary bills prior to the next regularly scheduled Council Meeting on November 28, 2007.

RESOLUTION NO. 3

Be It Hereby Resolved:� ��

WHEREAS, a fee has been collected for removal of 1 refrigerator 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:

��

Steven Santelli

33 North 12^th St.

Kenilworth, NJ� 07033

Regular Council Meeting October 24, 2007�� Page 5

RESOLUTION NO. 4

WHEREAS, Luis and Rosa F. Flosa are the owners of Block 140, lot 17, 544 Passaic Avenue, Borough of Kenilworth, Union County, NJ, and;

WHEREAS, Wells Fargo Corp. has paid taxes on the aforementioned parcel for the third 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

�� 140 �� 17�� Wells Fargo Corp.�� $1,480.30

�� MACX2502-011

�� 1 Home Campus

�� Des Moines, IA�� 50328-00001

RESOLUTION NO. 5

��

WHEREAS, the Borough of Kenilworth advertised for the receipt of bids for �Pickup and Disposal of Type 23 Vegetative Waste for a Three (3) Year Contract with a Two (2) Year Renewal Option� and S. Rotondi & Sons, Inc., Summit, New Jersey, having submitted a bid as attached.

NOW, THEREFORE, BE IT RESOLVED that the contract for �Pickup & Disposal of Type 23 Vegetative Waste for a Three (3) Year Contract with a Two (2) Year Renewal Option� be awarded to. S. Rotondi & Sons, Inc. and the Borough Attorney is authorized to draw up the necessary contract and the Mayor and Borough Clerk are authorized to sign said contract.

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:

Certification of Funds

Date:� 10/24/07

Appropriation:

8-01-26-770-081

Nancy Nichols

Treasurer

�Mayor David stated on the agenda under Roll Call Vote there was an resolution referring to Ordinance No. 2007-14.� The Council has decided to pull that resolution. Mayor David asked the Borough Attorney if the fact that it was decided before the meeting to pull the resolution enough or do we have to have a motion?�

Regular Council Meeting October 24, 2007�� Page 6

Councilman Deluca motioned to pull the resolution from the agenda, seconded by Councilman Pugliese.� All in favor.

Mayor David stated the resolution will be addressed at a later date.

Proposed Ordinance No. 2007-11 was read for the first reading as follows: (Copy attached)

�� 2007-11

BOND ORDINANCE AUTHORIZING THE PURCHASE OF A 25 YD. LEAF COLLECTOR, IN, BY AND FOR THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, NEW JERSEY, APPROPRIATING AN AGGREGATE AMOUNT OF $42,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING 39,900 IN AGGREGATE PRINCIPAL AMOUNT OF BONDS OR NOTES TO FINANCE PART OF THE COST THEREOF.

�

Mayor David stated this Ordinance relates to our 2007 Capital Improvements.� The Borough has determined that we are in need of a new Leaf Collector and this ordinance puts the funding in place for us to go out and purchase a leaf collector. This is a first reading anyone who is interested in obtaining a copy of the Ordinance may do so at the back of the room or go to the Clerk�s Office.� The second reading and public hearing will be on November 28, 2007 and anyone wishing to speak may do so at that time.�

RESOLUTION NO.� 7

Introduced by� Fred Pugliese who also moved its adoption

Seconded by Kathi Fiamingo and upon roll call, all in favor.

Be It Herby Resolved: That Proposed Ordinance No. 2007-11, be and the same is hereby passed on first reading and ordered published for final hearing on November 28, 2007.

Proposed Ordinance No. 2007-12 was read for the first reading as follows: (Copy attached)

ORDINANCE NO. 2007-12

A BOND ORDINANCE AUTHORIZING VARIOUS ROAD IMPROVEMENTS IN, BY, AND FOR THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, NEW JERSEY, APPROPRIATING AN AGGREGATE AMOUNT OF $803,804 THEREFOR AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $585,963 IN AGGREGATE PRINCIPAL AMOUNT OF BONDS OR NOTES TO FINANCE PART OF THE COST THEREOF.

Mayor David stated this Ordinance has to do with Capital Improvements for roads.� This puts the funding in place so that the Borough can improve on the streets that were determined to be improved for 2007.� This is a first reading and copies are in the back of the room or they will be available at the Clerks Office.� The public hearing for this Ordinance will be November 28, 2007 and anyone wishing to speak on this Ordinance may do so at that time.

Regular Council Meeting October 24, 2007�� Page 7

RESOLUTION NO. 8

Introduced by Kathi Fiamingo who also moved its adoption.

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

Be It Hereby Resolved:�� That proposed Ordinance No. 2007-12, be and the same is hereby passed on first reading and ordered published for final hearing on November 28, 2007.

Proposed Ordinance No. 2007-13 was read for the first reading as follows: (Copy attached)

�� ORDINANCE NO. 2007-13

AN ASSESSMENT BOND ORDINANCE AUTHORIZING LOCAL IMPROVEMENTS CONSISTING OF THE CONSTRUCTION OF APPROXIMATELY 800 LINEAR FEET OF NEW CURBS ALONG FAIRFIELD AVENUE, BETWEEN FAITOUTE AVENUE TO THE DEAD END; APPROXIMATELY 1,000 LINEAR FEET OF NEW CURBS ALONG THE ENTIRE LENGTH OF EPPING DRIVE: APPROXIMATELY 400 LINEAR FEET OF NEW CURBS ALONG THE ENTIRE LENGTH OF RED MAPLE LANE; AND APPROXIMATELY 900 LINEAR FEET OF NEW CURBS ALONG LINCOLN� DRIVE FROM LINCOLN PLACE AT THE INTERSECTION WITH BOULEVARD AND COOLIDGE DRIVE, IN, BY AND FOR THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, NEW JERSEY, APPROPRIATING AN AGGREGATE AMOUNT OF $150,676 THEREFOR, AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $143,142 IN AGGREGATE PRINCIPAL AMOUNT OF BONDS OR NOTES TO FINANCE PARTS OF THE COST THEREOF AND DIRECTING A SPECIAL ASSESSMENT OF THE COST THEREOF.

Mayor David stated this Ordinance relates to 2007 Capital Improvements for roads. This is an Assessment Bond Ordinance which puts the funding in place for Belgium block curbing. The Borough has a policy that anytime a street is improved if Belgium block does not already exist we will install it and assess the homeowners. This is a first reading, copies of the Ordinance are in the back or you can pick one up at the Clerk�s Office. The second reading is November 28, 2007 and anyone wishing to speak may do so at that time.

RESOLUTION NO. 9

Introduced by Kathi Fiamingo who also moved its adoption.

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

Be It Hereby Resolved:�� That proposed Ordinance No. 2007-13, be and the same is hereby passed on first reading and ordered published for final hearing on November 28, 2007.

Mayor David stated that the last item on the agenda had to do with the Resolution that was tabled earlier.�

Councilman DeLuca made a motion to table the first reading for Ordinance No. 2007-14.

Seconded by Councilman Taylor,� all in favor.

Regular Council Meeting October 24, 2007�� Page 8

GENERAL BUSINESS

Councilwoman Fiamingo noted the passing of Mr. Scuorzo who was a long time Fire Department member and the father of one of our police officers.� He contributed greatly to the Borough and will be dearly missed.

Mayor David asked everyone to join in a moment of silence for Mr. Scuorzo.

MEETING OPENED TO THE PUBLIC

No one wished to speak.

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

8:30 P.M.�� Respectfully submitted,

�� Hedy Lipke, Borough Clerk��

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