REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, DECEMBER 10, MAYOR FRED PUGLIESE PRESIDED.

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1 REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, DECEMBER 10, MAYOR FRED PUGLIESE PRESIDED. Mayor Pugliese read the requirements of the Open Public Meetings Act. The Salute to the Flag was led by Mayor Pugliese. ROLL CALL Roll Call at 8:00 P.M. showed the following Council Members present: Anthony DeLuca, Toni Giordano, Brian Joho, Kevin Leary. Councilman Elect Nicholas Mascaro was also present. Barbara Macecsko was absent. MINUTES It was moved by Councilwoman Giordano, seconded by Councilman Joho and carried that the minutes of the Regular Council Meeting of November 12, 2014, and the Work Session minutes of November 10, 2014 be dispensed with and approved as submitted. (Copies furnished each Council Member prior to the meeting.) COMMUNICATIONS AND PETITIONS 1. NJSLOM Notices 2. Assemblyman Bramnick Re: Borough Resolution Supporting Pension & Health Study 3. Kenilworth Silver Card Association Thank you for support It was moved by Councilman Joho, seconded by Councilman Leary and carried that the above communications be received and filed and any money amounts indicated be spread over the minutes. All in favor. REPORT OF COMMITTEES MAYORS REPORT Mayor Pugliese said that Paulette Drogan, the Kenilworth Welfare Director is having trouble lining up volunteers to ring the bell for the Salvation Army kettle at the A&P. If you would like to volunteer please call the Borough Clerk at and she will forward your information to the Welfare Director. Paulette will contact you to schedule your time. He said they need volunteers for this weekend and next weekend for one hour slots. The time goes by faster than you think because you start to talk to people as they walk in and out and before you know it your relief is there.

2 Council Meeting Minutes December 10, 2014 Page 2 Mayor Pugliese reported that he attended the Rahway River Flooding Mayors group and he signed an Interlocal Services Agreement to pay for a lobbying firm to lobby congress to get them approximately 68 million dollars in funding. This would be for an environmental study for this large project. He said $50, would go to the lobbyist and $10, would go to the administrative engineering costs. Mayors from Roselle Park, Springfield, Milburn, Maplewood, Kenilworth, Union, Cranford and all the communities that boarder the Rahway River all the way up to the South Mountain Reservation signed the agreement. He said Congressman Lance was very receptive as was Senator Booker and Senator Menendez but they are only three votes so we had to hire a lobbying firm that can get everyone else on board. He said Kenilworth s portion is $5, of the $60, Cranford and Kenilworth will receive the most benefit from the project because we are the most down river out of the municipalities that signed the agreement. He said as long as Congress does not shut down, we anticipate getting the funds around December 11 th. Mayor Pugliese recognized the volunteers who asked to be part of various boards in Kenilworth. He said they are on the agenda tonight. The first volunteer is Julio Verno who volunteered for the Local Assistance Board, Janet Burns Chuley volunteered to be a member of the Board of Health and Ashley McKay volunteered for the Recreation Committee. Lastly Attorney Maria Anderson will be providing her services and time to the CDBG group. Ms. Anderson will represent the Borough along with Councilwoman Giordano. He said there are a lot of committees representing the Borough and if you would like to volunteer, please call Mayor Pugliese. The Mayor acknowledged the Borough s local historians, Dorothea Krieck and Mr. Michael Ysenko who were in the audience. Mayor Pugliese congratulated Councilman Elect Nick Mascaro and Councilman DeLuca, and Rich Loforte will be sworn in at the Re-organization meeting on January 4, 2014 at 12 noon at Borough Hall.. DEPARTMENT OF FINANCE Councilman Joho reported the preliminary budget books for 2015 budget have been created. The Finance Committee will begin meeting with Department Heads during January. DEPARTMENT OF PUBLIC WORKS Councilman Deluca said the total cost for bulk pick-up was $52, with a total of tons removed and Rahway did an excellent job. The Borough will receive a $27, grant for recycling tonnage which is $10, more than last year.

3 Council Meeting Minutes December 10, 2014 Page 3 Councilman DeLuca said he took care of the striping issue. The County had said that the Borough was to purchase stripping this year and it turns out we are not. Councilman DeLuca reported that Santa s Express will be next week. The drop off for the gifts will be December 13 th and 14 th from 10:00 AM to 4:00 PM at the Kenilworth Fire House. They are also doing a Toys for Tots program if you would like to donate an unwrapped toy. If you need more information call the fire house or go on DEPARTMENT OF PUBLIC SAFETY Councilwoman Giordano reported that this is the first time she has read a thorough police report submitted to the Chair of Public Safety. She said she was humbled by the amount of calls that our Police Officers handle every month. She said in the month of November they handled 2,270 calls for service and calls and when she divided it by the 30 days in November it was approximately 82 calls per day that our men and women respond to on a daily basis. She said aside from the call itself, all the paperwork behind what each of those calls entail tells you the amount of work and the amount of service they give our Borough. Councilwoman Giordano thanked all the officers on behalf of herself, her family and all the residents of Kenilworth. One of the other great things that was accomplished this month was our own dog kettle. We now have a fenced in pen behind the Detective Bureau thanks to Lt. Fennes, Consolidated Fence and Westfield Sheet Metal. Whenever we have an animal that is picked up we can keep them safe and comfortable until they are returned to their owner. In the past they were either kept in the garage or somewhere else outside and a lot of the times they escaped as did her dog. Another accomplishment is that we finally got the railroad tracks taken out of Michigan Avenue, they did a great job and it is now a nice smooth area. There is a possibility that the tracks by the A&P on the Boulevard and Market Street, if fund allows, will be removed. The DOT is anticipating maybe doing one or both somewhere in 2015, we do not have anything definite but they are looking into it. The Police Chief would like to remind everyone that it is the holiday season and we have had a couple of break-ins with vehicles and one in a house. He is asking that everyone please keep their cars locked, even if they are in your driveway and if you are out shopping make sure you don t leave packages in your car that are visible or your pocket book or even or diaper bags that look like pocket books.

4 Council Meeting Minutes December 10, 2014 Page 4 DEPARTMENT OF PLANNING, ZONING & ORDINANCES Councilwoman Giordano reported they had a little over $10, in receipts this month which as anticipated was a little slow. DEPARTMENT OF RECREATION AND FIRE Councilwoman Macecsko was absent. DEPARTMENT OF HEALTH, EDUCATION & WELFARE Councilman Leary had nothing to report. 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 Joho moved that all items under the Consent Agenda be approved, seconded by Councilwoman Giordano. Upon roll call the vote was unanimous. RESOLUTION NO. 1 BE IT HEREBY RESOLVED: are available. That all bills be paid when properly audited and funds 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 14, RESOLUTION NO. 3 BE IT HEREBY RESOLVED: WHEREAS, it shall become necessary to over expend for some of the purposes specified in the budget appropriation of the respective sums appropriated, and

5 Council Meeting Minutes December 10, 2014 Page 5 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 transfers are prohibited under statute, NOW, THEREFORE BE IT RESOLVED that the attached transfers be approved and the Chief Financial Officer is hereby authorized to make the transfers in the 2014 Municipal Budget. BE IT FURTHER RESOLVED that the Chief Financial Officer is authorized to make such additional transfers prior to the end of the fiscal year as he deems necessary and to report to the Mayor and Council said additional transfers. FROM Salaries & Wages Finance Salaries & Wages 1, Total 1, Other Expenses Total 0.00 Grand Total $1, TO Salaries & Wages Zoning Salaries & Wages 1, Total 1, Other Expenses Total 0.00 Grand Total $1,200.00

6 Council Meeting Minutes December 10, 2014 Page 6 RESOLUTION NO. 4 BE IT HEREBY RESOLVED: That the attached list of Retirees be reimbursed for their payments for Medicare coverage from July 1, 2014 through December 31, 2014 inclusive, in accordance with Chapter 231, P.L State of New Jersey. RESOLUTION NO. 5 WHEREAS, the Borough of Kenilworth is in need of obtaining information and technology support services; and WHEREAS, the Borough of Madison, a municipal corporation, has offered to provide said services in accordance with the Uniform Shared Service and Consolidation Act, P.L. 2007, c.63 (C:40A:65-1, et. seq.); and WHEREAS, the Borough of Madison and the Borough of Kenilworth have negotiated a favorable agreement for the shared services, as follows: 1. Madison shall provide Kenilworth Borough with up to six (6) hours of IT Support per day, subject to existing work load obligations. 2. The IT Support would be delivered either on site or remotely, depending upon the nature and immediacy of the problem. 3. Kenilworth Borough will be billed on a monthly basis for the IT Support as follows: $250 base charge monthly $75 an hour for remote access sessions or phone support in excess of 15 minutes taking place between 8:30 AM and 5:00 PM, Monday through Friday. $100 an hour with a 1 hour minimum for remote access sessions or phone support taking place between before 8:30 AM and or after 5:00 PM, Monday through Friday, or on Holidays or weekends. $75 an hour with a one hour minimum for on-site sessions taking place between 8:30 AM and 5:00 PM, Monday through Friday. $100 an hour with a two hour minimum for on-site sessions taking place between before 8:30 AM and or after 5:00 PM, Monday through Friday, or on Holidays or weekends. NOW, THEREFORE BE IT RESOLVED that the Mayor and Borough Clerk are authorized to enter into a Shared Information and Technology Service Agreement, with the Borough of Madison. BE IT FURTHER RESOLVED, that a fully executed copy of the Shared Service Agreement be forwarded to the Department of Community Affairs, Division of Local Government Services, pursuant to NJSA 40A:65-4

7 Council Meeting Minutes December 10, 2014 Page 7 RESOLUTION NO. 6 BE IT HEREBY RESOLVED: That MARCO ANTONIO STUDIO, 401 Scott Mobus Place, Harrison, NJ 07029, be contracted to videotape and edit two DVD s of the Borough of Kenilworth Council Meetings for the year 2015 at a cost of $ per meeting, not to exceed $5,000 for the year. CERTIFICATION OF FUNDS DATE: APPROPRIATION: R. Ordway, Treasurer RESOLUTION NO. 7 BE IT HEREBY RESOLVED That the Mayor s appointment of GLORIA SEQUERIA as an Alternate Crossing Guards, effective December 10, 2014, be and the same is hereby resolved. RESOLUTION NO. 8 BE IT HEREBY RESOLVED: That the Mayor s appointment of JULIO VERNO as a member of the Local Assistance Board for a 4 year term, be and the same is hereby confirmed. RESOLUTION NO. 9 BE IT HEREBY RESOLVED: That JANET BURNS CHULEY be appointed as an Alternate to the Board of Health for a three year term, expiring 12/31/16. RESOLUTION NO. 10 BE IT HEREBY RESOLVED: That the Mayor s appointment of ASHLEY MCKAY as Recreation Member for a three year term, effective 12/10/14, be and the same is hereby confirmed.

8 Council Meeting Minutes December 10, 2014 Page 8 RESOLUTION NO. 11 BE IT HEREBY RESOLVED: That MARIA ANDERSON be appointed as representative to the Union County Community Development Revenue Sharing Committee for the Borough of Kenilworth. RESOLUTION NO 12 WHEREAS, the following property was issued a permit and fee was received by the Building Department; WHEREAS, it has now been determined Zoning Application is not required; NOW, THEREFORE, BE IT RESOLVED that the Treasurer be and is hereby authorized to draw a warrant to refund the following to: Amount of $25.00 to be refunded to the homeowner: PROCLAMATION Michael Klein 218 N. 12 th Street Kenilworth, NJ Mayor Pugliese said much of the information in this proclamation was garnered by Michael Ysenko, Borough Historian for Early History Colonial American Revolutionary War history and Dorothea Krihak. The Mayor said this proclamation deals with the history surrounding the American Revolution. The Mayor read the following: WHEREAS, the Borough of Kenilworth, County of Union State of New Jersey, on this 10th Day of December in the year 2014 hereby proclaims that our Borough was part of Connecticut Farms during the Battle of Connecticut Farms on June 7, 1780, in the course of the American Revolutionary War ; and WHEREAS, the Borough wishes to honor our citizen hero militia who fought in this major battle against the British Crown; protecting General George Washington and our American Continental Army who were encamped at Morristown, New Jersey at that date by stopping the surprise attack of five thousand British soldiers on route through Connecticut Farms, with the intent of marching to end the war with a British victory at Morristown; and WHEREAS, General George Washington himself praised the militia at the Connecticut Farms Battle that took place that day on June 7, 1780, stating that the militia fought with honor.

9 Council Meeting Minutes December 10, 2014 Page 9 THEREFORE BE IT RESOLVED, the Borough of Kenilworth hereby proclaims that moving forward every year, June 7 th will be a day of remembrance and recognition of the hero militia here at Connecticut Farms that helped to win our independence from British rule to become the United States of America, fighting the Battle at Connecticut Farms, New Jersey during the American Revolutionary War. BE IT FURTHER RESOLVED, that in recognition and remembrance, from this day forward, Borough flags be flown at half-staff every June 7th. Ms. Krihak has been studying the early history of the American Revolutionary War since 2001 because of her curiosity regarding our part in the Revolutionary War history. She was a member of the Kenilworth Historical Society until 2001 and she started asking questions regarding our American Revolutionary War history. She was the Vice- President of the Kenilworth Historical Society. She said she began speaking to our local historians, Robert Woods and Walter Boright and they realized that we did have Revolutionary War History but it was never looked into. She began her search and realized that Kenilworth has a pre-revolutionary war house that still stands in Kenilworth called the Sayre House. The house is known today as the Shallcross house or the Locorairra House and is located at 515 Springfield Road next to Black Brook Park. Part of the land from the Sayre House became Black Brook Park. She realized we were part of Connecticut Farms with Union. She went to different historical societies and asked them what they knew about the Battle of Connecticut Farms because in all the books she read, Kenilworth was nowhere to be found and she wanted to know why. She went to Mr. Michael Ysenko at the Union County Historical Society and found that he had our history. She said Mr. Ysenko has given her all the facts she has learned regarding Kenilworth s relationship to the Battle of Connecticut Farms. She said the Battle of Connecticut Farms was a major battle where troops were marched from Staten Island through Elizabeth and Connecticut Farms to get to Morristown but they were stopped here at Connecticut Farms The routes they took were Galloping Hill Road and Springfield Roads. The family members that we may be aware of are the Sayre Family. Daniel Sayre was a militia member and an American hero who built the Sayre House. The Halsey Farm was the old Kenilworth Inn which was also known as the Union House Hotel. The Halsey family and the Higgins family were also participants in the Revolutionary War. J. Wallace Higgins was one of the managers of creating Kenilworth later on in history but in the early history they were part of the Revolutionary War.

10 Council Meeting Minutes December 10, 2014 Page 10 Mr. Ysenko said he has been studying history for many many years. The Battle of Connecticut Farms involved 1,500 militia and members of the New Jersey Brigade under Brigadier General William Maxwell. General Maxwell faced German Army who had 5,000 soldiers who had the intention of attacking Washington s camp at Morristown. General Washington only had about 3,400 troops left in January, The German General thought he could quickly destroy Washington s camp at Morristown and end the war and become the greatest general in the war but he was stopped at Connecticut Farms by General Maxwell. Two of the members in the Higgins family fought in the battle and one of the members of the Sayre family also fought in the battle. Michael Ysenko said we have three members buried in the Connecticut Farms Presbyterian Church graveyard. At the time there were approximately 18 households that lived in the Connecticut Farms/Kenilworth area, comprising of about 200 people. The plantations were rather large, acres of land and basically they were farmers and they were completely dependent on their own resources. He said at the battle that occurred on June 7, 1780 the Germans lost 193 men and General Maxwell said he lost 50 men. The German report said they had 37 men killed and 11 men missing and on the next day, June 8 th local farmers and American Militia Men found 47 British and Hessian soldiers dead, killed in the woods trying to track General Maxwell s men. The 47 British and Hessian soldiers were buried in a common grave in the Connecticut Farms Presbyterian graveyard and they are still there today. He believes this is the largest graveyard in the State of New Jersey and perhaps the Country that contains 47 British and Hessian soldiers buried in a common grave. General Maxwell reported that he lost 50 men. Mr. Ysenko said it is quite remarkable that the Germans were stopped at Connecticut Farms and the total area of Kenilworth was part of Connecticut Farms at that time. He said we should be very proud. Ms. Krihak said she consulted with the other historians in town, Mr. Robert Woods and Walter Boright and they have been kept in the loop as much as possible. She said she has taken on a huge undertaking but she thought it was important that we finally have our history..she said she hopes every June 7 th we spend time thinking about the battle by flags or whatever else you want to do. Mayor Pugliese thanked Dorothea and Mr. Yesenko and said they put a lot of time and effort into their presentation. He said we learned a lot of things today. He asked that the Clerk provide a copy of the Proclamation to our schools and to Commander Jeans from the VFW.

11 Council Meeting Minutes December 10, 2014 Page 11 MEETING OPEN TO THE PUBLIC Motion was made by Councilwoman Giordano seconded by Councilman Joho to open the meeting to the public. All in favor. Livio Mancino 102 North 24 th Street Mr. Mancino congratulated Mayor Fred Pugliese and also the new Council Members. He said every house in town should have a light on in their homes to deter robberies. Mr. Mancino said Merck earned 9 billion dollars and the Council gave them back almost 75 million with a reduction on their property. He said that should never have happened and the residents have to shoulder that. He asked the Council to look at them with a magnifying glass. Mr. Mancino said they are building a deli on 14 th Street and he said it is a very dangerous situation. He said they should not have approved this application. The project is stopped but it should never have happened. He urged the Planning Board to make sure the Zoning Officer, Building Inspector, Fire Chief all sign off on an application. Motion was made by Councilman Joho seconded by Councilwoman Giordano to close the meeting to the public. All in favor. GENERAL COMMENTS Mayor Pugliese said our Assessor is the one who determined whether we should or should not have settled the Merck tax appeal case because he knows the most about assessing properties. He said everyone on the dais squared with it but it was his decision to make the recommendation to settle. It could have been multi-hundred thousand dollar litigation but we cut it to a head. A settlement is where both sides walk away a little upset and both sides also walk away a little happy and in this case both sides were a little upset and both sides were a little happy. At that time Merck had not made the decision as to whether or not the Kenilworth facility would remain open and at the time we thought Kenilworth would be shut down and bulldozed. He said what happened since then is that Merck decided to make its Kenilworth facility its global headquarter, bringing with it numerous jobs and money with employees shopping throughout the day. He said the settlement terms will soon expire. Mayor Pugliese thanked Kevin Leary for his term of service, he said Kevin was a great Councilman and always took his job seriously.

12 Council Meeting Minutes December 10, 2014 Page 12 Councilwoman Giordano thanked Kevin and told him to enjoy his free time. She said as far as Mr. Mancino s comment, they did put a stop work order on that project on `14 th Street. The application had it s appropriate permits by the various sub code officials, there was some misinformation on the application and that is how it got through. She said if it was a mistake we will correct the mistake and if it is not a mistake it will be able to resume but we do take it seriously and we do look at every application. She said if it is appropriate for that area and it meets all the criteria then they should be allowed to continue with the construction and if not it won t. She said nobody is perfect, there have been mistakes made in the past that we had to correct and there may be mistakes in the future, we are human and a lot of paperwork and applications come through that department. She said it is being dealt with very diligently. Councilman Joho said good luck to Kevin and it has been a pleasure working with him and he wished everyone a Happy Holiday Season. Councilman DeLuca said he is sorry to see Kevin go and he enjoyed working with him. He said he is sure someday he will see him back here, along with Scott. He said to everyone be careful and as a Fireman he hopes not to see anyone. Mayor Pugliese said a couple of weeks ago he met with Jamie Fox, the Commissioner of the New Jersey Department of Transportation and our legislators to discuss traffic patterns. He reminded them about the train tracks on Michigan Avenue which were removed and also an acceleration lane on North Michigan Avenue to get on Rt. 22. Traffic Lt. Wayne Fennes put in a problem request and they will look out for it. He looks forward to getting that issued resolved. He thanked the Girl Scouts and Boy Scouts who participated in the Tree Lighting Ceremony earlier this evening. He also thanked the Scout Leaders. It was snowing tonight and that made the evening more festive. Mayor Pugliese asked everyone to keep those who are less fortunate and those in the military service in their thoughts and prayers during the holidays. Kevin O Leary thanked everyone on the dais for their kind words and it has been a pleasure working with everyone. He said it has been an honor and a pleasure working with his fellow council members. He wished everyone a Happy Holiday and a Merry Christmas. ADJOURNMENT SINE DIE

13 There being no further business to come before the Council, it was moved by Councilman Leary, seconded by Councilwoman Giordano and carried, that the meeting be adjourned sine die to the call of the chair. 8:20 P.M. Respectfully submitted, Kathleen Moschitta Deputy Borough Clerk