Council Minutes from 12/12/2007

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH� HELD ON WEDNESDAY EVENING, DECEMBER 12, 2007.� MAYOR GREGG DAVID PRESIDED.

ROLL CALL

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

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 minutes of the Work Session Meeting of November 27, 2007 and the Regular Meeting of November 28, 2007 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

PUBLIC HEARING ON YEAR 34 COMMUNITY DEVELOPMENT BLOCK GRANT

Mayor David reported that for Grant Year 34 the Borough is submitting four applications.

1. Application for a Senior Citizen chronic illness Program for $2280.00

2. Application for Senior Citizen Handyman Program for $5,000.00

3. Application for the Senior Citizen Program Coordinator for $15,000.00

4. Application for Kenilworth Public Library Elevator for $50,000.00

Mayor David advised that this is a public hearing on these applications and if any one in the audience would like to speak on any of these applications or would like to recommend another application, please step forward, seeing no one Mayor David closed the hearing.

Mayor David asked for a motion from the floor to approve the Year 34 Community Development Block Grant Applications.�

A motion was made by Councilwoman Fiamingo to approve the submission of the above Year 34 Community Development Block Grant Applications. Motion seconded by Councilman Taylor.� All in favor.

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

PRESENTATIONS

Fire Chief Giordino read a Resolution for Peter Corvelli, Council Liaison for the Fire Department. The chief stated that Councilman Corvelli has always expressed a strong interest in the Fire Department and has been down to earth, easy to deal with and they have been very fortunate to have him as their representative.� Being a police officer, this recognition tonight is equal to a PBA Silver Life Membership.� The last one was given to Father Joe approximately six years ago.�

Council president Robert Taylor read a Resolution from the Council for Mayor David who is presiding over his last public meeting. (copy attached)

Police Chief Dowd presented Mayor David with a plaque. He stated that the Mayor has been a friend of the Police Department for his many years of elected office and he is sure the friendship will continue even after he steps down.� On behalf of the Kenilworth Police Department he presented Mayor David with a small token of appreciation for all that he has done.� The plaque read:� The Kenilworth Police Department presents this award to Mayor Gregg David for his outstanding support of the Kenilworth Police Department during his many years of dedicated� service in the Borough of Kenilworth.

COMMUNICATIONS AND PETITIONS

1. Letter received from Fred Soos resigning from the Planning Board as of December 1, 2007.

2. Letter from Mayor David to the Borough Clerk appointing Nick Pantina as a Class IV Member of the Planning Board for the unexpired term of Fred Soos ending 12/31/10.

3. Letter from Rahway Valley Sewerage Authority regarding their �2008 Budget & Distribution of Operational Expense Budget Savings�.

4. A Special Council Meeting will be held on Tuesday, December 18^th at 7 P.M. for Hearings and Second Readings on two Bond Ordinances (Construction of Library Elevator and Purchase of a Fire Truck).� Also on the agenda will be award of bids for the above two items.

5. The date of the 2008 Council Reorganization Meeting has been changed to Tuesday, January 1^st at 12 Noon.

REPORT OF COMMITTEES

1. Municipal Court Report for the months of October & November, 2007.

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

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

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

5. Kenilworth Board of Education Meeting Minutes of June, July, August and September, 2007.

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

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

Mayor David stated he received a letter from Joseph Starkey, Executive Director of Public Affairs, Schering Plough Corporation stating that on November 19, 2007 Schering-Plough Corporation combined operations with Organon Bio Sciences, a company based in the Netherlands. The letter stated they remain as committed as ever to their patients, customers and the communities in which they operate. As they work to execute their integration plans their top priority is to sustain a seamless experience for all their stakeholders. Accordingly their existing contacts will maintain the same relationships with you.� They are confident that the combination will allow them to do more than ever for their customers and patients that benefit from their innovations.� They are confident that their commitment to the communities of which they are a part will remain strong.� One thing that will not change is their vision of earning trust and they will continue to strive to earn your trust everyday.

Mayor David stated he sent a letter to the Governor objecting to the reactivation of the Rahway Valley Railroad within the Borough. He received a response from Commissioner Chris Kallori from the DOT.� Governor Jon Corizon asked Commissioner Kallori to respond to Mayor David�s� letter concerning the rehabilitation of the former Staten Island Railroad located in Union County. The letter stated he appreciates the opportunity to be of assistance to the Mayor.� He stated the reactivation is in the hands of the County and the County feels there is value in trying to reactivate the line.� The letter concluded by stating the NJDOT remains committed to providing a strong multi level transportation system that makes rail service available and effective for the State business community.� He forwarded the Mayors letter to the Union County Board of Chosen Freeholders for their review and consideration.

Mayor David also stated he received a letter from the City of Summit stating the Summit City Council adopted a Resolution asking the state to terminate funding to the Morristown Erie Railroad relative to the reactivation of the Rahway Valley rail line. The Mayor stated there is a Resolution on the agenda tonight mimicking what the City of Summit has passed.

Mayor David also read a letter from RVSA to the Mayors and Governing Bodies of the member municipalities.� The letter stated the Authority expects to return monies to all the member municipalities in 2008.� There is an allocation breakdown for each community.� The Borough of Kenilworth�s allocation is $310,000.00.� These are estimates and the exact amount should be somewhere in the vicinity of $310,000.00.� As most of us know there will be a significant increase from the Authority and these funds will help to offset those increases.

DEPARTMENT OF FINANCE

Councilwoman stated she had nothing to report.

DEPARTMENT OF PUBLIC WORKS

Councilman Pugliese stated the leaf crews have made four passes through town.� They have picked up 1800 yards of leaves and they are nearing the end of leaf season.� The DPW had three individuals come in last Sunday for salting and plowing.� The parts were ordered for the playground equipment and they should be in by this Friday.

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

DEPARTMENT OF PUBLIC SAFETY

Councilman Clementi was absent.� Councilman Taylor read the Kenilworth Police Activity Report for November.� There was a total of 88 hours of training on street encounters, stop and frisk, Megan�s Law update, computer entry training and Ucert Swuat and drug investigations.� A traffic light at Boulevard and Michigan Avenue was knocked down by a tractor trailer on Monday December 10^th.� The truck left the scene but an eyewitness gave a description of the truck.� The Traffic Bureau followed up and located the tractor trailer making a delivery for a local company. Damages to the light have been repaired and the bill was submitted to the truck�s insurance company.� Schering-Plough has requested a cross walk be painted on South 31^st Street.� After a study of the area by the Traffic Bureau permission was granted. Schering-Plough will paint the roadway and install the proper signs. The Police Chief wished the Governing Body and residents a very merry, safe and healthy holiday season.

DEPARTMENT OF PLANNING, ZONING & ORDINANCES

Councilman DeLuca read the Construction Report of receipts for 2007.� The total received was $204,853.00.� The Planning Board Meeting is December 13, 2007.

DEPARTMENT OF RECREATION AND FIRE

Councilman Corvelli thanked the Fire Department for their tribute to him. He stated Bob Beiner was appointed to the Recreation Committee, filling Emily Vidal�s position.

DEPARTMENT OF HEALTH, EDUCATION & WELFARE

Councilman Taylor had nothing to report.

BILLS

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

CONSENT AGENDA

Resolutions No. 1 thru 12 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 Taylor� moved that all items under Consent Agenda be approved, seconded by Councilman DeLuca.� 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

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

RESOLUTION NO. 2

Be It Hereby Resolved:�� That the Chief Finance Officer be authorized to make payments for necessary obligations prior to the next regularly scheduled Council Meeting on January 9, 2008.

RESOLUTION NO. 3

Be It Hereby Resolved:�� That the attached list of Retirees be reimbursed for their payments for Medicare coverage from July 1, 2007 through December 31, 2007 inclusive, in accordance with Chapter 231, P.L. 1970 State of New Jersey.

RESOLUTION NO. 4

WHEREAS the Borough of Kenilworth has an escrow account for the Blackthorn Pub to pay for outside duty for Police Officers.

WHEREAS the balance in the Blackthorn Pub account is $2040.00

WHEREAS THE blackthorn Pub has requested $1,540.00 be returned to them.� The balance remaining in the Kenilworth escrow account will now be $500.00.

NOW THEREFORE BE IT RESOLVED the treasurer is authorized to issue a check for a refund in the amount of $1540.00.

RESOLUTION NO. 5

WHEREAS, it has been determined that real estate taxes for the year 2007 have been overpaid due to a New Jersey State Tax Court Judgment,

NOW, THEREFORE BE IT RESOLVED that the treasurer be and is hereby authorized to draw a warrant payable to �Marcus, Brody, Ford, Kessler & Sahner, LLC� in the amount following their respective names and property location and further deliver said warrants to the Collector of Taxes for proper notation on tax account;

��

Block�� Lot�� Name/Prop. Loc.�� Amount

8�� 20�� 309 Lafayette Ave. Assoc, LLC�� $ 1,377.45

�� �� 800 Boulevard��

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

RESOLUTION NO. 6

WHEREAS, the Tax Assessor has granted Senior Citizen for the 2007 tax year, and

WHEREAS, these deductions result in a tax overpayment on the tax record for the 2007 tax year,

�NOW, THEREFORE BE IT RESOLVED that the Treasurer after proper notation on the tax account record by the Collector of Taxes be and is hereby authorized to issue a warrant for refund of overpayment as stated below.

Senior Citizen

Name�� Block�� Lot�� Address�� Amount

Mistretta, Anthony�� 72 �� 21�� 22 No. 8th Street�� 250.00

Marczi, Elizabeth�� 75�� 4�� 21 No. 10^th Street�� 250.00

Yule, Viola�� 94�� 10�� 11 Tulip Court�� 250.00

Widow of Veteran

Martins, Helene�� 17�� 17�� 512 Oak Street�� 250.00

Veteran

Dellasanti, David�� 113�� 24�� 39 So. 19^th Street�� 250.00

RESOLUTION NO. 7

Be It Hereby Resolved:�� That the Borough Clerk be authorized to issue Bingo Licenses to:

#02-08� St. Theresa�s Church to hold Bingo once a week on Fridays from January 1, 2008 to December 31, 2008 at 541 Washington Avenue, Kenilworth, NJ.

#03-08� St. Theresa�s Rosary Society to hold Bingo once a week on Sundays from January 1, 2008 to December 31, 2008 at 541 Washington Ave., Kenilworth, NJ.

05-08�� St. Theresa�s Father�s Guild to hold Bingo once a week on Saturdays from January 1, 2008 to December 31, 2008 at 541 Washington Avenue, Kenilworth, NJ.

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

RESOLUTION NO. 8

WHEREAS, the Borough of Kenilworth heretofore advertised for the receipt of bids for a TRAILER MOUNTED VACUUM TYPE LEAF COLLECTING MACHINE EQUIPPED WITH 25 YD. STEEL HOPPER & GAS ENGINE & HOSE BOOM and SEALY EQUIPMENT & SUPPLY CO., INC., 1325 Highway 34, Farmingdale, NJ� 07727-3619, having submitted a bid of $35,500.00.

NOW, THEREFORE, BE IT RESOLVED that the contract for a Trailer Mounted Vacuum Type Leaf Collecting Machine Equipped with 25 Yd. Steel Hopper & Gas Engine & Hose Boom is hereby awarded to Sealy Equipment & Supply Co., Inc. at a cost of $35,500.00.

RESOLUTION NO. 9

�

Be It Hereby Resolved:��

WHEREAS, it shall become necessary to expend for some of the purposes specified in the budget appropriation of the respective sums appropriated, and

WHEREAS, there is an excess in one or more appropriations over and above the amount deemed necessary to fulfill the purpose of such appropriation, and

WHEREAS, N.J.S. 40A:4-58 provides for the transfer of such amounts deemed in excess to appropriation for the amount of which are deemed to be insufficient to fulfill purposes of such appropriation, and

WHEREAS, the transfers about to be authorized do not affect any appropriations to which or from transfers are prohibited under statute,

NOW, THEREFORE BE IT RESOLVED that the following be approved and the Chief Financial Officer is hereby authorized to make the following transfers in the 2007 Municipal Budget:

FROM:�� AMOUNT

Other Expenses:

701�� Clerk�� $�� 8,000.00

703�� Mayor and Council�� $�� 900.00

710�� Tax Assessment�� $�� 5,000.00

712�� Legal fees�� $ 15,000.00

705�� Financial Administration�� $�� 2,700.00

707�� Audit fees�� $�� 350.00

720�� Planning Board�� $�� 900.00

721�� Zoning Enforcement�� $�� 500.00

730�� Other Insurance�� $ 15,000.00

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

745�� Police�� $ 21,500.00

746�� Police Traffic�� $�� 4,000.00

747�� OEM�� $�� 1,100.00

748�� Inspection of Oil Burners�� $�� 300.00

772�� Buildings & Grounds�� $ 12,000.00

785�� Health�� $�� 1,500.00

802�� Beautification�� $�� 2,000.00

795�� Recreation�� $�� 5,000.00

746�� Police Traffic�� $�� 6,000.00

765�� Public Works�� $�� 3,200.00

766�� Snow Removal�� $�� 650.00

767�� Parks�� $�� 650.00

770�� Solid Waste Collection�� $�� 8,000.00

773�� Sewers�� $�� 800.00

785�� Board of Health�� $�� 1,500.00

790�� Adm. Public Assistance�� $�� 1,850.00

795�� Recreation�� $�� 2,500.00

430�� Utilities�� $�� 6,000.00

833�� Court�� $�� 4,000.00

��

�� Sub-Total�� $130,900.00

Salary & Wages:

701�� Clerk�� $�� 5,000.00

705�� Financial Administration�� $�� 5,400.00

720�� Planning Board�� $�� 500.00

725�� Construction Code�� $�� 1,000.00

727�� Plumbing Inspector�� $�� 900.00

728�� Electrical Inspector�� $�� 900.00

746�� Police Traffic�� $�� 7,000.00

765�� Streets & Roads�� $� 29,000.00

785�� Board of Health�� $�� 2,500.00

�� Sub-total�� $� 52,200.00

�� TOTAL�� $183,100.00

TO:

Other Expenses:

753�� Fire Prevention�� $�� 10.00

821�� Street Lighting�� $�� 500.00

827�� Tipping Fees�� $ 12,000.00

766�� Snow Removal�� $�� 2,740.00

837�� Contribution to SS�� $� 17,150.00

733�� Group Insurance�� $107,640.00

777�� Fire Hydrant�� $�� 125.00

�� Sub-Total�� $140,165.00

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

Salaries and Wages

753�� Fire Prevention�� $�� 3,860.00

745�� Police�� $� 34,500.00

770�� Solid Waste Collection�� $�� 3,650.00

761�� Senior Citizen Transportation�� $�� 775.00

757�� Prosecutor�� $�� 150.00

�� Sub-Total�� $�� 42,935.00

�� TOTAL�� $ 183,100.00

RESOLUTION NO. 10

WHEREAS, Alan R & Lauren Chalenski is the owner of Block 153, lot 2, 225 So. Michigan Avenue, Borough of Kenilworth, Union County, NJ, and;

WHEREAS, the Assessor has determined that the aforementioned resident qualifies for a 100% totally disabled veterans exemption, and;

WHEREAS, there is a credit on said parcel for the second and third quarters 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

�� 153 �� 2�� Alan R. & Lauren Chalenski�� $2,355.44

�� 225 So. Michigan Ave.

�� Kenilworth, NJ�� 07033

RESOLUTION NO.� 11

Be It Hereby Resolved:�� That the Mayor appoints ROBERT BEINER to the Kenilworth Recreation Committee as a regular member replacing Emily Vidal for a term ending 12/31/09.

RESOLUTION NO. 12

WHEREAS, the Operating Agreement between Union County and the Morristown & Erie Railway (M&E) dated May 9, 2002 to reactivate the century old single-track Rahway Valley Railroad (RVR) specifically requires a Business and Operating Plan that minimally includes objectives and procedures in nine key areas (corporate structure; capitalization; marketing; operations; safety and emergency management; maintenance; landscape; capital spending; interim service for Bayway Refining customer needs); and

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

WHEREAS, six years into the ten year Operating Agreement M&E has not furnished a Business and Operating Plan ��covering the final 5-mile section of track between Cranford and Summit known as �Phase IV� of the project, and as a result the Union County Freeholders cannot provide any assurances to the Borough of Kenilworth; and

WHEREAS, the Agreement Union County entered into with NJDOT on June 23, 2000 empowering the Freeholders to negotiate with M&E states that �the County will enter into and administer an Operating Agreement with a private rail carrier (Operator) for the purpose of reactivating rail freight service on RVR right-of-way;� and

WHEREAS, the Union County Freeholders have failed to require M&E to cure its breach of the 2002 Operating Agreement; and

WHEREAS, Union County has further failed to fulfill the terms of its 2000 agreement with NJDOT, particularly its responsibilities of �monitoring and supervising compliance with all provisions of this Agreement;� and

WHEREAS, NJDOT has already approved and spent $14.5 million of public funds on the three earlier Phases of the Operating Agreement, and the Union County Freeholders acknowledge that no studies (economic or otherwise) have been conducted for Phase IV; and

WHEREAS, Kenilworth residents deserve the protection of their officials and County and State agencies from this ill-conceived plan to reactivate the RVR that will negatively impact safety, quality of life and environment, and furthermore lacks fiscal responsibility.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH;

1. that a request be made that public funding to M&E by NJDOT through Union County be terminated; and

2. That a request be further made that the Union County Freeholders terminate the Operating Agreement with M&E for breach by M&E of its obligations under the Operating Agreement.

3. That copies of this Resolution be forwarded to Congressman Michael Ferguson, Governor Corzine, State Senator Raymond Lesniak, Assemblymen Neil Cohen and Joseph Cryan, Union County Freeholders, the New Jersey Department of Transportation and Members of the Stop the Train Coalition � Summit, Roselle, Roselle Park and Springfield.

Dated:� December 12, 2007

I, Hedy Lipke, Municipal Clerk of the Borough of Kenilworth, do hereby certify that the above is a true copy of a Resolution adopted by the Mayor & Council of the Borough of Kenilworth at a meeting held on December 12, 2007.

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

��

GENERAL BUSINESS

Mayor David stated this is his last meeting and he wanted everyone to know that it has been his honor, pleasure and privilege to have represented the residents of this community.� He stated he truly appreciated the opportunity they have provided to serve over all these years.� He thanked the employees of the Borough, the committees and volunteers who have supported him during his administration.� He is very appreciative of all their efforts and if he has had any success over the last four years it is a result of their support and efforts.� He especially thanked his right-hand person, Hedy Lipke for her support over the years, not only during his four years as Mayor but also for the years on Council.� Mayor-elect Fiamingo will certainly find out that it is very difficult to sit in this position without having a right hand person like Hedy for support to make sure things move along, signing the right documents, etc.� He also thanked Pat and Kathi for their efforts and help over the years.� He wished the new administration the very best and he stated he has the fullest confidence that they will do a good job representing the residents of Kenilworth.� The Mayor wished his colleagues on the dais and the residents a very happy and healthy holiday season.

Councilman DeLuca thanked Bob Herbert, on behalf of the Fire Department,� for volunteering his time putting in floors and doing other odds and ends at the Fire House.� He congratulated the new Council people and welcomed them to the dais.� He thanked the Mayor and outgoing Councilman for their years of inspiration, guidance and friendship and he stated they will be missed.�

Mayor David thanked the Kenilworth Garden Center for their donation of the wreaths to the Municipal Building.� The building is beautifully decorated due to the Kenilworth Garden Center and Max who does a tremendous job.� He also thanked the Centennial Committee and the Pride in Kenilworth Committee for last week-ends Holiday Celebration and Tree Lighting Ceremony.� It was a great day and was enjoyed by everyone who attended.� There were a lot of activities available to the residents.� He especially thanked the Centennial Committee for their efforts in

helping to celebrate Kenilworth�s 100 Year Anniversary.� He stated the year could not have been successful if not for the efforts of the volunteers.

Councilman Corvelli wished the new council people good luck.� He stated it is evident that the Council and the incoming Council care about the community and although they might disagree at times they all have Kenilworth�s best interest at heart.�

Councilwoman Fiamingo stated the Mayor has been up here a very long time, four terms, plus being Mayor.� She added that sitting in that chair must have been difficult and she appreciates all that he has done. She stated that from her previous conversations with the Mayor that he will be there to help her out.� She wished Peter and Bob good luck in the future and a Merry Christmas and Happy New Year.

Councilman Taylor said it has been a great experience over the last six years and he thanked the residents for giving him the opportunity to represent you.� Sometimes it has been a trying experience but it is one that he will not forget. He thanked the employees that work for the Borough. He thanked the members of the dais and the former council people who have been there for him over the last six years.� They have become his friends, mentors and he has learned a lot from them.��

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

Councilman Pugliese stated to the Mayor that he has disagreed with him in the past but he has never questioned his work ethic.� He stated the Mayor has put a lot of time and effort into the town.� He stated as a citizen of the town, he thanked the Mayor. He also thanked Councilman Corvelli and Taylor and stated that Councilman Corvelli brought the old fashion police motto to protect and serve into his roll as a councilmember. He thanked Councilman Taylor for always reminding the Governing Body regarding the technicalities of the Open Public Meetings Act and making sure the door was open at all time.

Mayor David asked the council people-elect if they had anything to say.�

Councilwoman-elect Sosnosky wished everyone a Merry Christmas, good health and all good things for the coming New Year.

Councilman-elect Joho added he also wished everyone a Merry Christmas and Happy New Year.� He also wished the best to Mayor David, Councilman Corvelli and Taylor.�

MEETING OPENED TO THE PUBLIC

Bob Herbert, Coolidge Drive asked the audience to give the Mayor and departing council members a round of applause.

ADJOURNMENT

There being no further business to come before the Council it was moved by Councilman Corvelli, seconded by Councilman Taylor 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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