Council Minutes from 6/23/2004
 

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH  HELD ON WEDNESDAY EVENING, JUNE 23, 2004.  MAYOR GREGG DAVID PRESIDED.

ROLL CALL

Roll Call at 8:00 P.M. showed the following Council Members present:   Carmela Colosimo,

Ed Galasso, Fred Soos and Robert Taylor.   Peter Corvelli and Alan Jankunas were 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 Soos, seconded by Colosimo and carried, the Work Session Meeting of June 9 and the Regular Meeting of June 9, 2004 be dispensed with and approved as submitted.  (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS

  1. Letter from Dominick Petracca requesting the Borough remove a tree at 211 North 16th Street as it is in the way of a driveway for a new home.
  2. The Borough’s Fireworks Display will be held on Sunday, June 27th at Brearley. Rain date is Sunday, July 11th.
  3. A Special Council Meeting will be held on June 30th at  8 P.M. for the promotions of two Sergeants and two Lieutenants in the Police Department.

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

REPORT OF COMMITTEES

MAYOR’S REPORT

Mayor David invited all to attend the Fireworks on Sunday, June 27th.  Mayor David stated the estimated 3rd quarter 2004 tax bills will be going out shortly.  He also thanked the residents and businesses who contributed to the renovations at the Recreation Center.  We will show our appreciation at our next meeting on July 14th.

DEPARTMENT OF FINANCE

Councilman Corvelli was absent.  Councilman Galasso mentioned a finance meeting is scheduled for June 25th to discuss the salary ordinance.

REPORT OF COMMITTEES (CONT)

DEPARTMENT OF PUBLIC WORKS

Councilman Jankunas was absent.  Councilwoman Colosimo said the DPW has started working on the side wall.

DEPARTMENT OF PUBLIC SAFETY

Councilwoman Colosimo reported L & J Body & Fender Works applied for the license for towing services for the Borough for one year.  Lt. Hannon and Jonathan Lipke have been appointed as Deputy Emergency Management Coordinators.  Councilwoman Colosimo asked the businesses to help maintain the planters along the Boulevard.

 

DEPARTMENT OF PLANNING, ZONING, AND ORDINANCES

Councilman Soos stated the brick pavers are 95 % complete.  Commonwealth Drive should be completed within two weeks.  There are ordinances to be read tonight pertaining to roads & curbs to be done between now and October.

DEPARTMENT OF RECREATION, ECOLOGY, LIGHTING AND FIRE

Councilman Taylor stated that the summer park program will begin on June 28th at DiMario, 16th Street and 9th Street.

DEPARTMENT OF HEALTH, EDUCATION AND WELFARE

Councilman Galasso reported the Library will start the summer reading program on June 28th.  The Board of Health has appointed John Ferraioli as Health Officer and Danielle Buttell as Registrar of Vitale Statistics effective July 1st.

BILLS

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

CONSENT AGENDA

Resolutions No. 1 thru 17 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.

Council Member Soos moved that all items under Consent Agenda be approved, seconded by Council Member Galasso.  Upon roll call the vote was unanimous.

RESOLUTION NO. 1

Be It Hereby Resolved:   That all bills be paid when properly audited and funds are available.

CONSENT AGENDA (CONT)

RESOLUTION NO. 2

WHEREAS, it is anticipated that the Borough of Kenilworth will not be able to adopt its budget sufficiently in advance of the third quarter tax due date of August 1, 2004; and

WHEREAS, the Borough of Kenilworth has determined that there will be insufficient cash flow to support operations in late July without third quarter revenue being received on time;

NOW, THEREFORE BE IT RESOLVED by the Governing Body of the Borough of Kenilworth as follows:

1.      The Tax Collector be and is hereby directed to take all necessary steps to send out

estimated bills for the third quarter 2004 in accordance with the provisions of NJSA

54:4-66.2 et seq.

2.      That the Chief Financial Officer has reviewed the permissible tax levy range and

found the range should be set at 1.085% of the previous year’s tax levy.  (2003 Tax

Levy $22,781,875.77 x 1.085% = $24,718,335.21 or a tax rate of $2.85)

3.      That the Tax Collector take any and all additional steps to implement the substance of this resolution.

RESOLUTION NO. 3

Be It Hereby Resolved:  That the attached list of Retirees be reimbursed for their payments for Medicare coverage from January 1, 2004 to June 30, 2004 inclusive, in accordance with Chapter 231, P.L. 1970 State of New Jersey.

RESOLUTION NO. 4

Be It Hereby Resolved:  That a refund be issued for a cancelled white goods pick up:

                       

                        Mary Hatfield

                        134 North 14th Street

                        Kenilworth, NJ  07033

Total $75.00

RESOLUTION NO. 5

Be It Hereby Resolved:  That a separate account with GSPOPS (Borough’s Employee Prescription Plan) be set up for eligible Police Retirees with a $3 and $5 copay as per the ruling of the Arbitrator dated April 21, 2004.

RESOLUTION NO. 6

Resolution appears on the following page.

CONSENT AGENDA (CONT)

RESOLUTION NO. 7

WHEREAS, the Borough of Kenilworth advertised for the receipt of bids for “Municipal Building HVAC Improvement Project” which were received in a sealed envelope by the Borough Clerk on Monday, June 7, 2004; and

WHEREAS, four contractors responded with bids for the proposed project; and

WHEREAS, it was determined that the low bidder was unresponsive and that the remaining three bids were in excess of the funds allocated and available for this project.

NOW, THEREFORE, BE IT RESOLVED that the Borough of Kenilworth hereby rejects all bids received and cancels its request for bids for the work formerly contemplated for the “Municipal Building HVAC Improvement Project” as specified for the aforesaid project.

RESOLUTION NO. 8

Be It Hereby Resolved:   That the contract for “Towing Services for the Borough of Kenilworth” be awarded to L & J Towing Services for a one year period from June 1, 2004 to May 31, 2005.

RESOLUTION NO. 9

Resolution appears on the following page.

RESOLUTION NO. 10

Be It Hereby Resolved:   That the Mayor’s appointment of the following to the Recreation Committee, be and is hereby confirmed:

            Thomas Lynaugh -             Regular Member to fill unexpired term of Tim Carbone

                                                         term ending 12/31/04

            Yvette Turner -             Regular Member to fill unexpired term of Mark Jankovick

                                                term ending 12/31/04

           

            Kathy Mischetta -             Regular Member to fill unexpired term of Steve Byars

                                                term ending 12/31/04

RESOLUTION NO. 11

           

Be It Hereby Resolved:  That the following be employed as Recreation Summer Playground workers as of June 28, 2004:

            Nicole Thwaites            Head Counselor                    $300.00 per week

            Dan Aiello               Regular Counselor                    $6.50 per hour

            Sandra Buabeng            Regular Counselor                    $6.50 per hour

            Vinnie DeMaio            Regular Counselor                    $6.50 per hour

            Jaymin Patel                 Regular Counselor                    $6.50 per hour

            Jorge Portal               Regular Counselor                    $6.50 per hour          

            Kelly Powell              Regular Counselor                    $6.50 per hour

            Christine Conahan            Alternate Counselor                  $6.50 per hour

           

CONSENT AGENDA (CONT)

RESOLUTION NO. 12

Be It Hereby Resolved:   That Michael Kretchner be employed as a Temporary Laborer in the Public Works Department for June 28, 2004 and not to exceed six months at a rate of $12.00 per hour.

RESOLUTION NO. 13

Be It Hereby Resolved:   That John R.Yendrick II and Marc Senatore be appointed to the Fire Prevention Bureau as Administrative Assistants and Clerks at a rate of $8.50 per hour.

RESOLUTION NO. 14

Be It Hereby ResolvedBy the Governing Body of the Borough of Kenilworth

WHEREAS, applications for renewal of Plenary Retail Consumption and Distributors and Club Licenses have been filed with the Borough Clerk with their proper fees, Police Chief William Dowd having approved the renewal of said licenses;

NOW, THEREFORE, BE IT RESOLVED that the Plenary Retail Consumption Licenses, Distributors and Club Licenses be renewed and granted for the license year 2004-2005:

2008-33-001-004      CJMK, Inc., t/a La Griglia

2008-33-002-004      Annette Munoz, t/a Roberto’s Restaurant

2008-36-004-006            Kenilworth Capital, Inc. t/a Kenilworth Inn

2008-33-007-007      Civile II, Inc., t/a Civiles Ristorante Italiano

2008-33-008-005      Casa DePesce, Inc., t/a Umberto’s Clam Bar & Continental Restaurant

2008-44-009-003        Shah Beverages,s Inc., t/a Kenilworth Liquors

2008-33-011-001      Lucky G, Inc., t/a Buffy’s Tavern

2008-44-012-003      PA &SA, Inc., t/a Parkway Liquors

2008-33-013-009      572 Boulevard Holding Co., t/a Tosca

2008-31-015-001            American Legion Post No. 470 Kenilworth,

                                    t/a American Legion Kenilworth 470

2008-31-016-001            Columbian Club of Kenilworth, t/a Columbian Club

2008-31-017-001            Kenilworth Veteran’s  Center, Inc.,

                                    t/a Kenilworth Veteran’s Center

2008-33-010-005      Joseph Neri

All of the above premises have been inspected by the Kenilworth Board of Health; proof has been received that all applicants have paid the $100. filing fee to the Division of Alcoholic Beverage Control.          

                       

CONSENT AGENDA (CONT)

                       

RESOLUTION NO. 15

WHEREAS, Galmayo, Inc. t/a Blackthorn applied for renewal of its Plenary Retail Consumption License No. 2008-33-006-006, for a one year period commencing July 1, 2004; and

WHEREAS,  said applicant has tendered the proper license fees to the Borough Clerk and proof has been received that the applicant has paid the proper filing fee to the Division of Alcoholic Beverage Control; and

WHEREAS,  the Chief of Police and the Kenilworth Board of Health have reviewed the application and approved of the same; and

WHEREAS,  special conditions were annexed to the applicant’s license when Expanded

Premise was granted on July 2, 2001; and

WHEREAS,  the facts which led this Governing Body to impose such special conditions have continued;

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Kenilworth that Plenary Retail Consumption License No. 2008-33-006-006 of Galmayo, Inc. t/a Blackthorn, be renewed for a one year period commencing July 1, 2004, subject however to the following conditions on the licensed premises:

1.      Occupancy on the deck area shall not exceed 145 persons.

2.      No permanent or portable service bars shall be allowed on the deck area.  All alcoholic

beverages shall be served by waiters or waitresses.

3.      The deck area must be closed to patrons by 12:30 A.M., except on Thursday, Friday, and

Saturday evenings when said closing shall be at 1:00 A.M., at which time the consumption

of alcohol on the deck area shall be prohibited.

4.      No music or other form of entertainment may be played, broadcast or conducted on or over

the deck area after 12:30 A.M.

5.  Operating months for the deck area shall be from May 1st through October 15th.

CONSENT AGENDA (CONT)

RESOLUTION NO. 16

Be It Hereby Resolved:   By the Governing Body of the Borough of Kenilworth that:

WHEREAS, The Michigan Pub of Kenilworth, Inc. t/a The Michigan Pub applied for renewal of its Plenary Retail Consumption License No. 2008-33-005-006 for a one year period commencing July 1, 2004; an

WHEREAS, said applicant has tendered the proper license fees to the Borough Clerk and proof has been received that the applicant has paid the proper filing fee to the Division of Alcoholic Beverage Control; and

WHEREAS, the Chief of Police and the Kenilworth Board of Health has reviewed the application and approved of the same; and

WHEREAS, special conditions were annexed to the applicant’s license when a Person to Person Transfer was granted on February 12, 2003; and

           

WHEREAS, the facts which led this Governing Body to impose such special conditions have continued;

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Kenilworth that Plenary Retail Consumption License No. 2008-33-005-006 of The Michigan Pub of Kenilworth, Inc. t/a The Michigan Pub be renewed for a one year period commencing

July 1, 2004, subject however to the following condition:

            “That live entertainment is prohibited at this location, 303 South Michigan Avenue.”

RESOLUTION NO. 17

WHEREAS, on May 12, 2004, the Borough of Kenilworth approved a resolution to award a contract for “DiMario Park Building Improvements” to Edward Humphrey LLC; and

WHEREAS, the proposed Contractor was unable to provide the minimum bid requirement.

NOW, THEREFORE, BE IT RESOLVED  that the Borough of Kenilworth rescinds and vacates Resolution No. 3, dated May 12, 2004, to enter into a contract with Edward Humphrey LLC for “DiMario Park Building Improvement”.

RESOLUTION NO. 18

Resolution appears on the following page.  (Ross Brothers II, Inc. t/a Ross Brothers Bar &

                                                                              Liquors with Special Conditions)

Introduced by Galasso who also moved its adoption.  Seconded by Soos, three in favor and one abstained.

RESOLUTIONS & ORDINANCES (CONT)

Proposed Ordinance No. 2004-09 was read for a second reading as follows:  (Copy appears in

                                                                                                   the minutes of June 9, 2004)

2004-09

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 $575,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $422,750 IN AGGREGATE PRINCIPAL AMOUNT OF BONDS OR NOTES TO FINANCE PART OF THE COST THEREOF.

Mayor David explained that this ordinance appropriates money for the following street improvements:  Fairfield Avenue from Michigan Avenue to Faitoute Avenue, Sherwood Road from Wilshire Drive to Pembrook Drive, North 24th Street from Center Street to Washington Avenue, Roosevelt Lane from Lincoln Avenue to Lot 3 Block 99, Sheridan Avenue from North 14th Street to North 8th Street, and Sheridan Avenue from North 8th Street  to North 7th Street.

Mayor opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2004-09.

No one desiring to be heard, Mayor David closed the meeting to the public.

 

RESOLUTION NO. 19

Introduced by Soos who also moved its adoption.

Be It Hereby Resolved:   That Proposed Ordinance No. 2004-09, be and the same is hereby  passed on second and final reading and ordered published according to law.

Seconded by Galasso and on roll call unanimously carried.

Proposed Ordinance No. 2004-10 was read for second reading as follows: (Copy appears in

                                                                                                      minutes of June 9, 2004)

2004-10

AN ASSESSMENT BOND ORDINANCE AUTHORIZING LOCAL IMPROVEMENTS CONSISTING OF THE CONSTRUCTION OF 790 LINEAR FEET OF NEW CURBS ALONG FAIRFIELD AVENUE FROM MICHIGAN AVENUE TO FAITOUTE AVENUE, 1,600 LINEAR FEET OF NEW CURBS ALONG SHERWOOD ROAD FROM WILSHIRE DRIVE TO PEMBROOK DRIVE, 2,000 LINEAR FEET OF NEW CURBS ALONG NORTH 24TH STREET FROM CENTER STREET TO WASHINGTON AVENUE AND 1,200 LINEAR FEET OF NEW CURBS ALONG ROOSEVELT LANE FROM LINCOLN AVENUE TO LOT 3, BLOCK 99, IN, BY AND FOR THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, NEW JERSEY, APPROPRIATING AN AGGREGATE AMOUNT OF $106,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $100,700 IN AGGREGATE PRINCIPAL AMOUNT OF BONDS OR NOTES TO FINANCE PART OF THE COST THEREOF AND DIRECTING A SPECIAL ASSESSMENT OF THE COST THEREOF.

RESOLUTIONS & ORDINANCES (CONT)

Mayor David explained that this ordinance will assess the above streets for new curbs.

Mayor David opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2004-10.

Sandy Radice, Pembrook Drive, asked if we applied for a grant to cover these types of improvements and how much will this cost each homeowner?

Mayor David explained that due to the 2000 census we are no longer eligible for street improvement grants.  The cost will be between $14 to $16 per foot.

Vera Tehayel, Sherwood Road, asked how do we pay for the curbs?

Mayor David stated that the resident has the option to pay in one lump sum or over a 5 year period.

Joe Fuerst, North 24th Street, asked when Washington Avenue to Monroe Avenue will be repaired?

Councilwoman Colosimo said the streets should be done by October 2004.

Mayor David closed the meeting to the public.

RESOLUTION NO. 20

Introduced by Soos who also moved its adoption.

Be It Hereby Resolved:   That Proposed Ordinance No. 2004-10, be and the same is hereby passed on second and final reading and ordered published according to law.

Seconded by Galasso and on roll call unanimously carried.

Proposed Ordinance No. 2004-11 was read for second reading as follows: (Copy appears in

                                                                                                      minutes of June 9, 2004)

2004-11

CAPITAL ORDINANCE TO APPROPRIATE THE SUM OF $13,603.60 FOR ROAD IMPROVEMENT PROGRAM IN, BY AND FOR THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, NEW JERSEY AND TO TRANSFER UNEXPENDED BOND ORDINANCE BALANCES AND REAPPROPRIATE SAME TO FINANCE SUCH APPROPRIATION..

Mayor David explained that this ordinance is to transfer monies from one capital improvement to another.

Mayor David opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2004-11.

No one desiring to be heard, Mayor David closed the meeting to the public.

RESOLUTIONS & ORDINANCES (CONT)

RESOLUTION NO. 21

Introduced by Galasso who also moved its adoption.

Be It Hereby Resolved:   That Proposed Ordinance No. 2004-11, be and the same is hereby passed on second and final reading and ordered published according to law.

Seconded by Taylor and on roll call unanimously carried.

Proposed Ordinance No. 2004-12 was read for first reading as follows:  (Copy attached)

2004-12

A BOND ORDINANCE AMENDING AND RESTATING IN ITS ENTIRETY BOND ORDINANCE 2004-08, ENTITLED “A BOND ORDINANCE AUTHORIZING VARIOUS IMPROVEMENTS IN, BY AND FOR THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, NEW JERSEY, APPROPRIATING AN AGGREGATE AMOUNT OF $120,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $114,000 IN AGGREGATE PRINCIPAL AMOUNT OF BONDS OR NOTES TO FINANCE PART OF THE COST THEREOF.”

Mayor David explained that this ordinance covers capital equipment for 2004.  Some of the equipment purchases include a mason dump truck, laptop computers, radar unit, guns, resuscitators, breathing apparatus tanks, computer equipment and router.

RESOLUTION NO. 22

Introduced by Galasso who also moved its adoption.

Be It Hereby Resolved:   That Proposed Ordinance No. 2004-12, be and the same is hereby passed on first reading and ordered published for final hearing on July 14, 2004.

Seconded by Taylor and on roll call unanimously carried.

GENERAL BUSINESS

 

Councilwoman Colosimo mentioned that the Borough received a grant to plant trees.  Anyone interested in having a tree planted can contact Borough Hall.

Mayor David stated that the grants we qualify for are senior programs or ADA improvements.  We no longer qualify for capital improvements.

Councilman Taylor said he abstained from Resolution No. 18 due to a conflict of interest.

Councilman Soos invited all to attend the Fireworks on Sunday, June 27th.

Mayor David thanked PNC Bank, Schering-Plough, Flexi-van, S. Seltzer and the Chamber of Commerce for sponsoring our fireworks.

MEETING OPEN TO THE PUBLIC

Jirfan Haq, 9th Street, his family owns Unionland and are concerned about the littering and loitering around the benches near the store.  He suggested the town should fine those individuals.

Mayor David will speak to the Police Chief to have more patrols to keep the kids moving.

Councilwoman Colosimo stated that we will work together to resolve this situation and reminded the businesses in town to keep their store fronts clean.

Linda Horning, North 14th Street, asked if the town property near her home was still being trimmed or are they done?  She’s concerned that it appears to be an eyesore.

Mayor David stated he will address Councilman Jankunas, who was absent tonight.

ADJOURNMENT

There being no further business to come before the Council, it was moved by Galasso, seconded by Taylor and carried, that the meeting be adjourned to the call of the chair.

8:45 P.M.

                                                                                                Respectfully submitted,

                                                                                                Hedy Lipke

                                                                                                Borough Clerk



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