REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, JULY 13, MAYOR ANTHONY DELUCA PRESIDED.

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1 Mayor Deluca read the requirements of the Open Public Meetings Act. ROLL CALL Roll Call at 8:00 P.M. showed the following Council Members present: Kay Ceceri, Larry Clementi, Gerry Laudati, Nick Mascaro and Scott Pentz. Peter Corvelli was absent. Mayor Deluca called for a moment of silence for Arnold Bagnall who was a crossing guard for the Borough and also for the 5 members of the Police Department in Texas. The Salute to the Flag was led by Mayor Deluca. MINUTES It was moved by Councilwoman Ceceri seconded by Councilman Laudati and carried that the minutes of the Regular Council Meeting of June 22, 2016 and the Executive Session and Work Session of June 21, 2016 be approved as submitted. (Copies furnished each Council Member prior to the meeting). All in favor. COMMUNICATIONS AND PETITIONS NJSLOM Notices NJDOT Notice of Award 2016 Municipal Aid Program $185,000 NJDOT Notice of Shutdown 2016 Municipal Aid KVFD Annual Carnival Notice (Aug ) Brent Material Company Right of Way Review Letter from Mr. Holler, 728 Richfield Ave. DiMario Park Concern Reports: June Reports from Clerk s Office, Court, Finance Dept., Fire Dept. Planning & Zoning, Police and DPW. It was moved by Councilman Clementi, seconded by Councilman Ladauti and carried that the above communications be received and filed and any money amounts indicated be spread over the minutes. All in favor. MAYORS REPORT Mayor Deluca said Union County Summer Arts Festival will have Yoga in the Park at 6:30 PM, followed by a live concert at 7:30 PM. Many tribute bands will be playing in Echo Lake Park on Wednesday nights, check the County web site at for details, bring your lawn chairs and blankets. The Kenilworth Library hosts Bard on the Boulevard and you should check the Library for the times and dates. Mayor Deluca reminded everyone, children and adults, to exercise caution when playing Pokemon Go He said he does not want anyone walking into traffic or chasing things while they are on the phone. Mayor Deluca read the following proclamation. Page 1 of 11

2 PROCLAMATION WHEREAS, citizens and local merchants who volunteer their time and efforts to provide assistance which cannot be measured in terms of dollars; volunteers provide a spirit of helping that multiplies in value when each citizen reaches out to assist another; and WHEREAS, volunteers throughout the Borough of Kenilworth donate their time for the betterment and advancement of the community at large; and WHEREAS, these special citizens also donate their time in helping the Borough of Kenilworth through their service on the Borough Council, Boards, Commissions and Committees; and WHEREAS, the Borough of Kenilworth has many volunteers providing services to many Borough departments including the Library, Police, Fire, Administration, Recreation, Board of Health, Planning and Building and Public Works; and NOW, THEREFORE, I, Anthony DeLuca, Mayor of the Borough of Kenilworth, do hereby proclaim July 18 through July 24, 2016 to be VOLUNTEER WEEK In the Borough of Kenilworth to recognize, support and commend these dedicated volunteers. Mayor Deluca presented a plaque to Artie & Gail Russo, who recently did the flower beds and gardens in front of Borough Hall and he thanked them for their devotion. Artie Russo said on behalf of his wife Gail and the Chonko family, who did this as a way of honoring their Mom who recently passed away and also for the Beautification of the town and he thanked everyone again. Mayor Deluca presented a plaque to the Hartmann Family for their help in beautifying the Town. Mrs. Hartmann said her son John was just awarded a rising star award from the Paper Mill Playhouse for set design. Mayor Deluca gave out Certificates of Appreciation to several residents for their volunteerism. He said it takes special people to volunteer and that virtue has its own reward. He thanked them from the bottom of his heart and said that every little bit helps. He said the result is when people come to town and say how great our town looks. The Mayor also commended Boy Scout Troop 83 and said they did great work at the Library. REPORT OF COMMITTEES Mayor Deluca said that it has been a heck of a month for our nation and for us as people. There are a lot of things going on and he is sure young people have a sense of nervousness or fear. He said tough times don t last, these things that are happening, as bad as they are, we will get through it. He said he firmly believes that this town is stronger than most and as a town we stand firm with protection of our police officers as much as they protect us. He said his heart goes out to those lives and their families that are gone and he knows, as someone who goes to fires and working as an EMT in Elizabeth, that when you kiss your kids good-by, and you try not to think about it, but it could be your last day. He said maybe some people don t think of that and say it is your job, but I would let those that work in the Page 2 of 11

3 service, that Kenilworth stands behind you no matter what. He is a believer in the constitutional right to peacefully assemble but when you take it a step further and start to affect other people s lives, you are no longer exercising your free speech or peacefully assembling. He said he would ask those that think differently to look inward, find your inner peace, come to terms with it and turn it into something better. FINANCE DEPARTMENT Councilman Pentz said the Tax Office sent out the tax statements for 2016 and there is an increase in the tax rate, on a house assessed at $179,369.00, it went from per hundred to per hundred. Taxes on that house would go from $8, to $8, The Municipal portion actually went down, the school portion went up to $ which is where the increase came from. The County went down $39.47 per household. He said you will receive a flyer with your tax bill which has an explanation of how the taxes add up. DEPARTMENT OF PUBLIC WORKS Councilman Mascaro reported the DPW is going through some internal restructuring; some people are leaving and there are some internal promotions. Dan Ryan is pleased with the promotions and new hires. The fireworks went off fine. He said as everyone has probably heard, a truck went out of gear at the DPW and hit the building. The truck is being repaired and the building does not need real structural repairs and this was just a freak accident. PUBLIC SAFETY Councilman Corvelli was absent. Mayor Deluca said tonight we are adding a new dispatcher, Mr. James O Rourke. DEPARTMENT OF PLANNING, ZONING & ORDINANCES Councilman Clementi reported he has the June Zoning Report from Bob Herbert and some of the highlights are: 52 violations sent out, 25 zoning permits received, 3 summonses issued and 17 complaints received. DEPARTMENT OF RECREATION AND FIRE Councilwoman Ceceri reported the Kenilworth Volunteer Fireman s Carnival will be from August 15 thru August 20 th, wrist band nights are Tuesday and Saturday. National Night out is Monday, August 1, 2016 at 9:00 PM. The Fireworks had a beautiful display but due to the long weekend we did not have as many people as we thought we would but it was a great show. The Recreation did a wonderful job in honoring Daniel Triano with a twilight vigil and they helped the family with tee shirts and bracelets. Angela from Kids Village will have a seminar on safe driving on August 18 th and she urged everyone to come to the seminar. Page 3 of 11

4 DEPARTMENT OF HEALTH, EDUCATION & WELFARE Councilman Laudati reported the Health Department and Library had no meetings this month. Friends of the library do a lot of classes during the month and this month was crocheting. The High School graduation went OK and the summer programs are in full swing. The superintendent is working on the curriculum for next year. The legislature is trying to say that every student in the state is equal and every student will be worth $6, so that is telling our out of district friends that it is $6,000 per student and not $20, and that is happening in Trenton right now. Mayor Deluca said the program is called the Fair Share Plan and what it means for Kenilworth and our tax payers is a probable reduction in our school tax rate so when they say they are going to do a flat cost per pupil across the State it means most likely we will be saving money, he does not know how much. 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 Laudati moved that all items under the Consent Agenda be approved, seconded by Councilman Pentz. All in favor. 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 Chief Finance Officer be authorized to make payments for necessary obligations prior to the next regularly scheduled Council Meeting on August 24, RESOLUTION NO. 3 BE IT HEREBY RESOLVED: That the following list of Retirees be reimbursed for their payments for Medicare coverage from January 1, 2015 through June 30, 2015 inclusive, in accordance with Chapter 231, P.L State of New Jersey. Retired Employee Reimbursement Amount Patricia Howarth $ x 5 = $ TOTAL $ RESOLUTION NO. 4 WHEREAS, WALTER KRIECK has notified the Borough of Kenilworth of his intention to retire effective July 31, 2016, and; WHEREAS, WALTER KRIECK is entitled to Accumulated Time Due and Terminal Leave pay as per the employee manual; Page 4 of 11

5 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Kenilworth that the Payroll Department is authorized to make payment as indicated above based on a final calculation upon his final day of work. RESOLUTION NO. 5 WHEREAS, JOSEPH KANIA has notified the Borough of Kenilworth of his intention to take the Working Foreman position effective July 4, 2016; and WHEREAS, the Working Foreman position is a non-contractual position; and WHEREAS, JOSEPH KANIA is entitled to Terminal Leave pay as per the DPW Contract. NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Kenilworth that the Payroll Department is authorized to make payment as indicated above based on a final calculation upon his final day of work under the current DPW contract. RESOLUTION NO. 6 WHEREAS, the Borough of Kenilworth in effort to alleviate flooding at the intersection of Coolidge Dr. and the Boulevard has directed the Borough Engineer to solicit quotes; and WHEREAS, the Borough Engineer is in receipt of quotes for the repair and installation of drainage system and is recommending award to S. Brothers, Inc. at their quote of $22,978.00; and WHEREAS, the Local Public Contracts Law (NJSA 40A:11-1 et seq.) requires that the Mayor and Council pass a resolution authorizing the award of contracts. NOW THEREFORE BE IT RESOLVED, as follows: 1. The Borough of Kenilworth hereby authorizes the Mayor and Clerk to enter into an agreement with S. Brothers Inc. for their quote for the drainage improvements at Coolidge Drive and the Boulevard, for a sum of $22, The Mayor, Borough Clerk and the Borough Attorney are hereby authorized to negotiate and finalize terms of the agreement and execute all necessary documents to effectuate the purposes herein above expressed. CERTIFICATION OF FUNDS DATE: APPROPRIATION: ROBERT ORDWAY, TREASURER RESOLUTION NO. 7 BE IT HEREBY RESOLVED: That Manuel Nieto be employed as a Driver/Laborer in the Kenilworth Department of Public Works as of July 25, 2016 at a rate of $16.00 per hour subject to a 90 day probationary period. BE IT FURTHER RESOLVED: that this offer of employment is contingent upon successful completion of a NJ Dept. of Transportation Physical and Drug/Alcohol Screening and criminal background checks. Page 5 of 11

6 RESOLUTION NO. 8 WHEREAS, there are vacancies in Kenilworth Police Department for Civilian Dispatchers; and WHEREAS, the Borough Council will not be meeting again until August 24, BE IT RESOLVED, that the appointment of James O Rourke and as Probationary Civilian Dispatcher in the Kenilworth Police Department is hereby approved and effective date to be determined by the Personnel Supervisor. BE IT FURTHER RESOLVED, that should another vacancy occur prior to the regularly scheduled Council meeting of August 24, 2016, the appointment of Angela Devigili as Probationary Civilian Dispatcher in the Kenilworth Police Department is hereby approved and effective date to be determined by the Personnel Supervisor. THEREFORE BE IT FURTHER RESOLVED, that this offer of employment is contingent upon successful completion of psychological, evaluation, medical release, criminal and background checks. RESOLUTION NO. 9 WHEREAS, an application has been filed for a person-to-person transfer of Plenary Retail Distribution License # , heretofore issued to PA & SA, Inc. for premises located at 870 Boulevard, Suite A, 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 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 business; NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Kenilworth does hereby approve, effective July 13, 2016, the transfer of the aforesaid Plenary Retail Distribution License to R and S Beverages, LLC and does hereby direct the Borough 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 R and S Beverages s, LLC, 870 Boulevard, Suite A Kenilworth, NJ, effective July 13, RESOUTION NO. 10 WHEREAS, the applicants for renewal of Plenary Retail Consumption and Distributors Licenses, listed below, have filed late with the Borough Clerk with their proper fees; and WHEREAS, the applicants have provided Ad Interim Permits issued by the State of New Jersey; valid through July 15, NOW, THEREFORE, BE IT RESOLVED, that the Plenary Retail Consumption Licenses, Distributors and Club Licenses be renewed and granted for the license year : PPANDD t/a Umberto s Clam Bar & Continental Restaurant Page 6 of 11

7 Lehar Liquor Corp. All of the above premises have been inspected by the Kenilworth Board of Health; proof has been received that all applicants have paid the $200 filing fee to the Division of Alcoholic Beverage Control. RESOLUTION NO. 11 WHEREAS, the Borough of Kenilworth received bids for RECYCLING SERVICES, on July 7, 2016; and WHEREAS, the Mayor and Council can reject all bids in accordance with the Instructions to Bidders, item 2.K of the Request for Proposal; and NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of Kenilworth that Kenilworth hereby rejects all bids for RECYCLING SERVICES. RESOLUTION NO. 12 WHEREAS, the Borough of Kenilworth received bids FOR RESTORATIONS TO DIMARIO PARK, on June 23, 2016; and WHEREAS, the Mayor and Council can reject all bids as noted in the Notice to Bidders; and NOW THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of Kenilworth that Kenilworth hereby rejects all bids for RESTORATIONS TO DIMARIO PARK. OATH OF OFFICE Oath of Office was administered to James O Rourke by Mayor Deluca. Mayor Deluca said that although it may be a hectic job and you may have to multi-task things, it is a rewarding start to a great career. Proposed Ordinance No was read for a second reading as follows: (Copy can be found in June 22, 2016 minutes). BOROUGH OF KENILWORTH ORDINANCE NO AN ORDINANCE OF THE BOROUGH OF KENILWORTH ADDING AN ADDITIONAL HANDICAP PARKING SPACE LOCATION ON NORTH 18 TH STREET ADJACENT TO THE ELEMENTARY SCHOOL Mayor Deluca said this ordinance is exactly what it states, we saw the need to add a handicap spot on 18 th Street, we have a yellow line and it s usually stacked with people and it is hard for someone who is handicapped to exit on that side, they can only go to one side. Motion was made by Councilman Laudati, seconded by Councilwoman Mascaro to open the hearing for Ordinance No All in favor. No one wished to speak. Motion was made by Councilwoman Ceceri, seconded by Councilman Laudati to close the hearing for Ordinance No All in favor. Page 7 of 11

8 RESOLUTION NO. 13 Introduced by Gerry Laudati adoption moved by same. Seconded by Scott Pentz. All in favor. BE IT HEREBY RESOLVED that the ordinance # , entitled: AN ORDINANCE OF THE BOROUGH OF KENILWORTH ADDING AN ADDITIONAL HANDICAP PARKING SPACE LOCATION ON NORTH 18 TH STREET ADJACENT TO THE ELEMENTARY SCHOOL Was introduced and approved on first reading, at the regular meeting of the Borough Council on June 22, 2016 and approved for final passage at the regular meeting of the Borough Council of July 13, 2016 after all persons interested were given an opportunity to be heard concerning said ordinance. BE IT FURTHER RESOLVED that the Borough Clerk is hereby authorized and directed to publish said ordinance according to law with a notice of its final adoption. Proposed Ordinance No was read for a second reading as follows: (Copy can be found in June 22, 2016 minutes) BOROUGH OF KENILWORTH ORDINANCE NO AN ORDINANCE AMENDING CHAPTER 150 OF THE BOROUGH CODE FOR PROPERTY MAINTENANCE Mayor Deluca said throughout the Borough there are properties that are either foreclosed or abandoned and we saw the need to have some teeth in order to make the owners or the banks take care of their properties. We wanted to be able to have an ordinance that allows us to have some teeth in order to deal with these people because normally it is their property and we can t go tell them to mow it, the bank could say they are in Ohio and they can mow it. A copy of the ordinance will be on line and also there is copy in the back of the room. Motion was made by Councilman Clementi, seconded by Councilman Mascaro to open the hearing for Ordinance No All in favor. No one wished to speak. Motion was made by Councilman Laudati, seconded by Councilwoman Ceceri to close the hearing for Ordinance No All in favor. RESOLUTION NO. 14 Introduced by Larry Clementi adoption moved by same. Seconded by Kay Ceceri. All in favor. BE IT HEREBY RESOLVED that the ordinance # , entitled: An Ordinance Amending Chapter 150 of the Borough Code for Property Maintenance Page 8 of 11

9 Was introduced and approved on first reading, at the regular meeting of the Borough Council on June 22, 2016 and approved for final passage at the regular meeting of the Borough Council of July 13, 2016 after all persons interested were given an opportunity to be heard concerning said ordinance. BE IT FURTHER RESOLVED that the Borough Clerk is hereby authorized and directed to publish said ordinance according to law with a notice of its final adoption. Proposed Ordinance No was read for a first reading as follows: (Copy attached) BOROUGH OF KENILWORTH ORDINANCE NO AN ORDINANCE AMENDING AND SUPPLEMENTING THE LAND USE ORDINANCE OF THE BOROUGH OF KENILWORTH, COUNTY OF UNION, STATE OF NEW JERSEY ENTITLED LAND DEVELOPMENT RESOLUTION NO. 15 Introduced by Larry Clementi, adoption moved by same Seconded by Kay Ceceri. All in favor. BE IT HEREBY RESOLVED that the ordinance # , entitled: AN ORDINANCE AMENDING AND SUPPLEMENTING THE LAND USE ORDINANCE OF THE BOROUGH OF KENILWORTH, COUNTY OF UNION, STATE OF NEW JERSEY ENTITLED LAND DEVELOPMENT Heretofore introduced, does now pass on first reading, and that said ordinance be further considered for final passage at a meeting to be held on the 24 th day of August, 2016 at 7:30PM or as soon as thereafter as the matter can be reached, at the regular meeting place of the Borough Council, and that at such time and place all persons interested be given an opportunity to be heard concerning said ordinance, and that the Borough Clerk is hereby authorized and directed to publish said ordinance according to law with a notice of its introduction and passage on first reading and of the time and place when and where said ordinance will be further considered for final passage. Proposed Ordinance No was read for a first reading as follows: (Copy attached) BOROUGH OF KENILWORTH ORDINANCE NO AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 225 PART 5 OF THE LAND USE ORDINANCE OF THE BOROUGH OF KENILWORTH, COUNTY OF UNION, STATE OF NEW JERSEY ENTITLED LAND DEVELOPMENT RESOLUTION NO. 16 Introduced by Larry Clementi adoption moved by same Seconded by Kay Ceceri. All in favor. BE IT HEREBY RESOLVED that the ordinance # , entitled: AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 225 PART 5 OF THE LAND USE ORDINANCE OF THE BOROUGH OF KENILWORTH, COUNTY OF UNION, STATE OF NEW JERSEY ENTITLED LAND DEVELOPMENT Page 9 of 11

10 Heretofore introduced, does now pass on first reading, and that said ordinance be further considered for final passage at a meeting to be held on the 24 th day of August, 2016 at 7:30PM or as soon as thereafter as the matter can be reached, at the regular meeting place of the Borough Council, and that at such time and place all persons interested be given an opportunity to be heard concerning said ordinance, and that the Borough Clerk is hereby authorized and directed to publish said ordinance according to law with a notice of its introduction and passage on first reading and of the time and place when and where said ordinance will be further considered for final passage. MEETING OPEN TO THE PUBLIC Motion was made by Councilman Pentz seconded by Councilman Mascaro to open the meeting to the public. All in favor. Bob Beiner, 36 South 24 th Street Mr. Beiner said if any residents thinks there has been a lot of airplane noise lately and they want to complain, the Port of Authority has an airplane noise pipeline to call, the phone number is , follow the prompts. Mr. Beiner said that the first Deluca Administration budget has no tax increase and he thinks that is good to point out. Approximately 50% of our tax bill goes to the school, 20% goes to the County and 30% goes to Kenilworth and he thinks it is important to mention that the first Deluca Administration budget required no tax increase and he said good job to this administration. He said there were naysayers out there that said if we elected the Deluca administration that they would not be able to do the job but the facts are in and they did the job. He said this budget should make it clear to every resident of this Borough that the Deluca administration runs a tight ship. They will be spending some money here and there, they hired a police officer recently, didn t have to, but clearly by hiring that police officer they have made it clear that they are not going to go cheap on public safety. He said good work to this administration on reducing the budget. Mayor Deluca said thanks however it is not the Deluca Administration, it is the Kenilworth Administration. He appreciates it and the only reason we do good is because we have a lot of good people around here that do good work and they make his job look easy. He said he wishes he could take credit for it but it is through the help of our administration, our department heads, our council people, volunteers, all towns people, we are all in this together, it s not just me. He said credit goes where credit is due and it s the Borough that comes together, works together and tries to do good things together that creates the element that we need, separately we hang. Motion was made by Councilwoman Ceceri seconded by Councilman Pentz to close the meeting to the public. All in favor. GENERAL COMMENTS Councilman Clementi and Councilman Mascaro congratulated our new Dispatcher. Councilman Pentz congratulated the new dispatcher. He said as far as the school budget goes with the big increase, the school is very important to the town. He does substitute teaching for the school and said hats off to the teachers in this town for what they have to do. They ask for increases in the budget for books, supplies and that should not be questioned. We have a good educators, all 3 of his kids Page 10 of 11

11 graduated from Brearley and went on to college so it is a very good school system. He said education does not stop at 3:00 in the afternoon, it should continue at home and to all the parents he said they should be involved with their child s education. Laura Reinertsen said today she was talking with one of the officers and he divulged that since the atrocious acts that happened in Texas, Kenilworth continues to support their own. There have been random little acts of kindness for the Police Department in the form of pizza, baked goods but also they have been getting random phone calls of support from the residents, just letting them know that you are our guys and we have your back and we love you. ADJOURNMENT There being no further business to come before the Council, it was moved by Councilman Mascaro, seconded by Councilman Clementi and carried, that the meeting be adjourned to the call of the chair. 8:00 P.M. Respectfully submitted, Kathleen Moschitta Deputy Borough Clerk Page 11 of 11