Council Minutes from 8/25/2004
 

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH  HELD ON WEDNESDAY EVENING, AUGUST 25, 2004.  MAYOR GREGG DAVID PRESIDED.

ROLL CALL

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

Peter Corvelli, Alan Jankunas, Fred Soos and Robert Taylor.   Ed Galasso 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 Colosimo, seconded by Jankunas and carried, the Work Session Meeting of July 13, the Regular Meeting of July 14, the Special Meeting of June 30, the Special Meeting of July 11, 2004 and the Special Meeting of August 11, 2004 be dispensed with and approved as submitted.  (Copies furnished each Council Member prior to the meeting.)

PRESENTATIONS

Mayor David presented a Certificate of Appreciation to Robert Gagliano-Coating Technologies for the painting of the Recreation Center.  His kindness and generosity is greatly appreciated by all.

COMMUNICATIONS AND PETITIONS

  1. Letter from Robert & Patricia Jannett, 17 North 22nd Street, asking the Borough to absorb the cost for excavating the street and repairs to their sewer line damaged during the repaving of the street.
  2. Letter from Marsha Bloom, Esq. complaining about the lack of response for a Smoke Detector/Carbon Monoxide inspection.
  3. Letter from Luisa LaTorre, 23 Wilshire Drive, asking for resolution to the flooding problem on Wilshire Drive.
  4. Letter from JoAnn Dillon and Carol Westervelt, Coalition to Stop the Train, requesting permission to have a rally on Saturday, September 18th or October 2nd at 12:00 on the Boulevard and Market Street and to have traffic blocked at that intersection and at the

A & P entrance off of Market Street.

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

REPORTS

           

1.      Municipal Court Reports for the months of June and July, 2004.

2.      Police Department Report for the month of July, 2004.

3.      Construction Department Report for the month of July, 2004.

4.      Borough Clerk’s Report for the month of July, 2004.

5.      Rahway Valley Sewerage Authority Meeting Minutes of June 17 & July 15, 2004.

6.      Kenilworth Board of Education Meeting Minutes for the months of June & July, 2004.

REPORT OF COMMITTEES

MAYOR’S REPORT

Mayor David announced the 24 hour POW-MIA Vigil being held at Borough Hall on Friday, September 17th at 7:00 PM all are welcome to attend.

DEPARTMENT OF FINANCE

Councilman Corvelli reported that there is $340,000 available in the budget for Capital Improvements.

DEPARTMENT OF PUBLIC WORKS

Councilman Jankunas reported the DPW is working on the DiMario Park improvements and street potholes. The retaining wall behind Police Headquarters has been completed. Frank Plummer will be retiring after 25 years of service to the Borough.  We wish him great success in his retirement.

DEPARTMENT OF PUBLIC SAFETY

Councilwoman Colosimo read the Police Report and a letter from a resident thanking Detective Dowd for his assistance in finding help for her son.  Councilwoman Colosimo mentioned that the Railroad Rally was approved by the Police Chief  and will need to be confirmed with the County.

Councilwoman Colosimo stated that the reason for the improvements to the gazebo at DiMario Park is to allow for Police visibility from the street.

DEPARTMENT OF PLANNING, ZONING, AND ORDINANCES

Councilman Soos reported the air conditioning system at Borough Hall is inoperable and therefore opted to save on costly repairs by purchasing window units.  Bids to repair the HVAC will begin in October.  The road improvement project is scheduled to start next week and finish by the end of October.  Councilman Soos mentioned if any residents are aware of  zoning offenses in town to please contact Joe Limma in the Building Department.

 DEPARTMENT OF RECREATION, ECOLOGY, LIGHTING AND FIRE

Councilman Taylor stated that the Fire Department Carnival was a great success and expressed his thanks to the residents for supporting the Fire Department.  A special thanks to those who  volunteered to assist with the Carnival. An application has been submitted to the County for equipment and field funding for the Recreation Department.  Thanks to Councilwoman Colosimo and Councilman Soos for assisting Scott Pentz with the application.

REPORT OF COMMITTEES (CONT)

Councilman Taylor read the following letter into the minutes:

Dear Lou,

On behalf of the Governing Body of the Borough of Kenilworth and the Kenilworth Police Department I would like to extend our thanks to you for making National Night Out Against Crime Kick Off Party a huge success.  Without your help this would not have been possible.  It is extremely gratifying to see both private and public sector work so closely together to pull off this great event in Kenilworth.  This unique relationship makes Kenilworth a great place to live and work.  The Kenilworth Police Department is not only dedicated to the fighting and solving of crimes in the primary jurisdiction but are also involved in many proactive approaches such as educating the public to protect themselves.  I think we accomplished what we set out to do and we had some fun in the process.  Again thank you for your help and look forward to working with you in the future, rely upon you to assist us in accomplishing the task of serving and protecting.

Sincerely,

William Dowd

Chief of Police

DEPARTMENT OF HEALTH, EDUCATION AND WELFARE

Councilman Galasso was absent. Councilman Taylor stated that the Shakespeare presentation was great and will hopefully become a yearly event.

BILLS

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

CONSENT AGENDA

Resolutions No. 1 thru 14 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 Jankunas.  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.

RESOLUTION NO. 2

Resolution appears on the following page.  (Refund overpayment of 2004 1st & 2nd Qtr. Taxes)

RESOLUTION NO. 3

Resolution appears on the following page.  (Refund lien holder of Tax Sale Certificate #03-002)

                         

RESOLUTION NO. 4

Resolution appears on the following page.  (Refund lien holder of Tax Sale Certificate #04-004)

 

CONSENT AGENDA (CONT)

RESOLUTION NO. 5

Resolution appears on the following page.  (Refund lien holder of Tax Sale Certificate #04-003)

RESOLUTION NO. 6

Resolution appears on the following page.  (Authorizing Mayor & Borough Clerk to execute an

                                                Agreement with the County of Union to Modify Interlocal Services

                                                Agreement dated December 15, 1974 and as amended)

                                               

RESOLUTION NO.7

Requesting approval of the Director of the Division of Local Government

Services to Establish a Dedicated Trust by Rider for Donations –

Acceptance of Bequests and Gifts Pursuant to N.J.S.A. 40A:50-29

WHEREAS, permission is required of the Director of the Division of Local Government Services for approval as a dedication by rider of revenues received by a municipality when the revenue is not subject to reasonable accurate estimates in advance, and

WHEREAS, N.J.S.A. 40A:50-29 allows municipalities to receive amounts for costs incurred for Donations – Acceptance of Bequests and Gifts, and

WHEREAS, N.J.S.A. 40A:50-29 provides that the Director of Division of Local Government Services may approve expenditures of monies by dedication by rider,

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Kenilworth, County of Union, State of New Jersey as follows:

1.      The Mayor and Council hereby request permission of the Director of the Division of

Local Government Services to pay expenditures for Donations - Acceptance of Bequests and Gifts as per N.J.S.A. 40A:50-29.

2.      The Municipal Clerk of the Borough of Kenilworth is hereby directed to forward two certified copies of this resolution to the Director of the Division of Local Government Services.

RESOLUTION NO. 8

Requesting approval of the Director of the Division of Local Government Services

to Establish a Dedicated Trust by Rider for Outside Employment of

Off Duty Police Officers Pursuant to N.J.S.A. 40A:4:39

WHEREAS, permission is required of the Director of the Division of Local Government Services for approval as a dedication by rider of revenues received by a municipality when the revenue is not subject to reasonable accurate estimates in advance, and

WHEREAS, N.J.S.A. 40A:4-39 allows municipalities to receive amounts for costs incurred for

Outside Employment of Off Duty Police Officers, and

CONSENT AGENDA (CONT)

WHEREAS, N.J.S.A. 40A:4-39 provides that the Director of Division of Local Government Services may approve expenditures of monies by dedication by rider,

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Kenilworth, County of Union, State of New Jersey as follows:

3.      The Mayor and Council hereby request permission of the Director of the Division of

Local Government Services to pay expenditures for Outside Employment of Off Duty Police Officers as per N.J.S.A. 40A:4-39.

4.      The Municipal Clerk of the Borough of Kenilworth is hereby directed to forward two certified copies of this resolution to the Director of the Division of Local Government Services.

RESOLUTION NO. 9

Requesting approval of the Director of the Division of Local Government Services

to Establish a Dedicated Trust by Rider for Public Defender Fees

Pursuant to N.J.S.A. 40:6A-1

WHEREAS, permission is required of the Director of the Division of Local Government Services for approval as a dedication by rider of revenues received by a municipality when the revenue is not subject to reasonable accurate estimates in advance, and

WHEREAS, N.J.S.A. 40:6A-1 allows municipalities to receive amounts for costs incurred for

Public Defender Fees, and

WHEREAS, N.J.S.A. 40:6A-1 provides that the Director of Division of Local Government Services may approve expenditures of monies by dedication by rider,

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Kenilworth, County of Union, State of New Jersey as follows:

5.      The Mayor and Council hereby request permission of the Director of the Division of

Local Government Services to pay expenditures for Public Defender Fees as per N.J.S.A. 40:6A-1.

6.      The Municipal Clerk of the Borough of Kenilworth is hereby directed to forward two certified copies of this resolution to the Director of the Division of Local Government Services.

 

RESOLUTION NO. 10

Requesting approval of the Director of the Division of Local Government Services

to Establish a Dedicated Trust by Rider for Uniform Fire Safety Act Penalty

Moneys Pursuant to N.J.S.A. 52:27D-192 et seq.

WHEREAS, permission is required of the Director of the Division of Local Government Services for approval as a dedication by rider of revenues received by a municipality when the revenue is not subject to reasonable accurate estimates in advance, and

WHEREAS, N.J.S.A. 52:27D-192 et seq. allows municipalities to receive amounts for costs incurred for Uniform Fire Safety Act Penalty Moneys, and

WHEREAS, N.J.S.A. 52:27D-192 et seq. provides that the Director of Division of Local Government Services may approve expenditures of monies by dedication by rider,

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Kenilworth, County of Union, State of New Jersey as follows:

7.      The Mayor and Council hereby request permission of the Director of the Division of

Local Government Services to pay expenditures for Uniform Fire Safety Act Penalty Moneys as per N.J.S.A. 52:27D-192 et seq.

8.      The Municipal Clerk of the Borough of Kenilworth is hereby directed to forward two certified copies of this resolution to the Director of the Division of Local Government Services.

 RESOLUTION NO. 11

           

Be It Hereby Resolved:   That the following appointments to the Kenilworth Volunteer

Fire Department be and are hereby confirmed:

            J. Mauro

            R. Kukla

            B. Kahl

            L. DiMaggio

            G. St. Furcy

            M. Scuderi

            W. Gutzan

            J. Obrien

            J. Yendrick

            C. Radzion

A.     Ruggiero

A.     DeLuca

T. DeAngelis

T. David

A.     DeLuca, Sr.

D. Krill

R. Levchuk

M. Senatore

C. Radzion

J. Newman

RESOLUTION NO. 12

           

            WHEREAS,  the Borough of Kenilworth advertised for the receipt of

bids for “Materials for Firehouse Renovations”,  and S. Seltzer Construction,

Kenilworth, N.J. having submitted the lowest responsible bid as follows:

                       

                                                TOTAL BID             

                                                $238,554.00              

           NOW, THEREFORE, BE IT RESOLVED,  that the contract for “Materials for

Firehouse Renovations” is awarded to S. Seltzer Construction, Kenilworth, N.J. and the

Borough Attorney is authorized to draw up the necessary contract and the Mayor and

Borough Clerk are authorized to sign said contract.

           

            BE IT FURTHER RESOLVED, that pursuant to N.J.A.C. 5:34-5.1 et seq. Local

Public Contracts Law, the required Certificate of Availability of Funds has been obtained

from the Chief Finance Officer of the Borough of Kenilworth.

RESOLUTION NO. 13

            Be It Hereby Resolved:  That upon the recommendation of the Borough Engineer,

the quote for “Library Leak Repair” submitted by South Shore Contracting, Inc. in the amount

of $2,364.00 be accepted and that the Borough Engineer be authorized to proceed.

RESOLUTION NO. 14

WHEREAS, the Borough of Kenilworth desires to apply for grant funds for a

FIELD IMPROVEMENT AND RECREATION PROGRAM GRANT available from the County of Union; and

            WHEREAS, in order to obtain such a grant, it is necessary for the Borough of

Kenilworth to submit an application and to enter into an agreement with the County of

Union with regards to such grant.

            WHEREAS, the Borough of Kenilworth is applying for a grant for the following:

                                                Field Improvements - $50,000

                                                Equipment - $5,000

            WHEREAS, the Borough of Kenilworth agrees to provide the match of the above

as required.

            NOW, THEREFORE, BE IT RESOLVED that the Mayor of the Borough of

Kenilworth be hereby authorized to request and execute any and all documents necessary

for the submission and completion of such application on behalf of the Borough of

Kenilworth.

GENERAL BUSINESS

No one desiring to be heard.

MEETING OPEN TO THE PUBLIC

Joanne Dillon, Faitoute Avenue, asked for the confirmed date of the Railroad Rally. 

Councilwoman Colosimo will get back to Ms. Dillon with a date.

Luisa Latorre, Wilshire Drive, followed up on her letter asking for resolution to her flooding problem.

Councilman Soos doesn’t think a resolution is possible but will have the Borough Engineer & DPW investigate. 

Mr. Felner, Red Oak Lane, is concerned about the numerous automobile accidents at the corner of Faitoute and Colfax.

Mayor David mentioned that the traffic light is being improved.

ADJOURNMENT

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

8:25 P.M.

                                                                                                Respectfully submitted,

                                                                                                Hedy Lipke

                                                                                                Borough Clerk



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