Council Minutes from 4/26/2006
 

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH  HELD ON WEDNESDAY EVENING, APRIL 26, 2006.  MAYOR DAVID PRESIDED.

ROLL CALL

Roll Call at 8:00 P.M. showed the following Council Members present:   Peter Corvelli, Carmela Colosimo, Lawrence Clementi,  Fred Soos and Robert Taylor. Anthony DeLuca arrived 8:08.

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 Soos, seconded by Councilman Corvelli and carried that the Work Session Meeting of April 11, and the Regular Meeting of April 12, 2006 be dispensed with and approved as submitted.  (Copies furnished each Council Member prior to the meeting.)

HEARING ON 2006 MUNICIPAL BUDGET

Mayor David asked Borough Auditor, Bob Swisher, to provide the public with some of the details of this years budget.

Mr. Swisher reported the budget was introduced in early March with a 12.8% increase on the Municipal side.  The Borough has applied for Extraordinary Aid from the State.  Although we are having a hearing on the budget tonight  there will not be a vote tonight.  At some time in June, depending on what happens with the State Budget, we will receive a letter from the State advising whether or not we will receive Extraordinary Aid.  Between now and June the Council will be going through the Budget and making additional cuts.

The Borough did not receive Extraordinary Aid last year.  In the original introduced budget there was homeland security money in the amount of $50,000.00  that has since come through, which will reduce the tax increase.  There was $100,000.00  due from the State last year which we never received.  Some of our Councilmen are in the process of  working with our Assemblymen to secure the money.  If we locate the money before we adopt the budget in June, this will reduce taxes.  Some things are out of the Council’s control and are mandated by the State: pensions, insurance and the  Sewerage Authority, which accounts for 6 or 7 cents of the 12.8% increase.  The 12.8% will be reduced by  State aid and cuts the Council makes. The Borough will continue to go over the budget and make cuts while waiting for  State Aid to come in June.

Mayor David introduced and thanked the Borough’s Finance Officer, Nancy Nichols for attending the meeting this evening. The Mayor asked if Nancy or anyone on the Governing Body would like to comment before opening the meeting to the public. Councilman Clementi commented that the budget is a work in progress and we are not ready to adopt the budget yet  but we will continue to work to reduce it.

Mayor David opened the meeting to the public.

Kathi Fiamingo, 468 Sheridan Avenue asked if the Council has established a budget for Public Safety Building?

Mayor David responded that the Borough has received almost $300,000.00 in State Grants to cover the seed money for architect fees, engineer fees, etc. Ms. Fiamingo commented that there was an increase for salaries for the Mayor and Council in the budget as well as the Police Department.  Mayor David responded that the Borough is obligated by  contract for the Police Department and DPW increases, and increases for the rest of  the  Borough employees  has not been established.  Last year the increase was 3 ½%.

Mayor David commented that the Borough will be down two police officers and it is not the Boroughs intent to replace them during this year. Officer Rica has resigned and Officer Lamont is off the payroll.

Ms. Fiamingo commented that the Shade Tree line item went from $23,000.00 to  $58,000.00 which is $35,000.00 worth of trees and wanted to know the reason for this. Mr. Swisher responded that at the time the budget was introduced there was thought of  buying a stump grinder but that has changed and that line item will be taken out of the budget. Mayor David advised that the County will provide a stump grinder for the Borough as needed.

Ms. Fiamingo commented that there is a $5,000.00 increase in this years budget for Kenilworth’s 100th Anniversary which will happen next year. Mayor David advised that this is seed money that will be needed for next years celebration.

Herb Michitsch, 725 Monmouth Avenue asked if the $50,000.00 from Homeland Security and the $100,000.00 from the Legislator is coming.  Mr. Swisher advised that the State works on a different fiscal year and this is money owed to Kenilworth from the 2005 budget.   The State is trying to locate the money and someone will be getting back to Councilman Soos this Thursday or Friday.  Councilman Soos talked to the Legislative office today and stated that the money that is owed to Kenilworth is not part of the money that the Governor is holding up.  Mr. Michitsch reported he thought the budget went up 13.3 points. The Mayor responded the budget went up 12.8 points per the auditors report. Mr. Michitsch stated that the revenues are not tracking with what was received last year, ie fees and permits.  Mayor David responded that we can only bring in what the State allows us to bring in. Mr. Swisher advised that anything the Borough collects above what was anticipated goes into surplus. Surplus is generated from excess revenues and from unspent appropriations.  Mr. Swisher also advised that the State only allows you to anticipate a revenue up to the amount you collected in the prior year. For example if you collected in fees and permits the amount of  $20,000.00 you cannot anticipate anything higher than that for the next year, unless we pass an Ordinance for a higher fee. Mr. Michitsch would like to see the Council work on adjusting the revenues and appropriations.

Mr. Michitsch asked about the Uniform Fire Safety Act.  Last year the Borough received $41,936.00 and this year it is blank.. Mayor David responded that this is the Fire Prevention Bureau which generates no revenue for the town and whatever money comes in goes right out.

Mr. Michitsch advised that on sheet No. 12 Legal Services and Cost, Other Expenses last year you budgeted $70,000.00 and only spent $55,000.00 and the rest went into surplus.  Mr. Michitsch questioned why are we budgeting $70,000.00 this year when we only spent $55,000.00 last year, wouldn’t it make sense to budget for $55,000.00.  Mr. Swisher responded that in order to apply for Extraordinary Aid you have to work with the numbers you have at the time your are submitting the budget in order to apply for aid. The Council is working to reduce the budget and maybe that will be an item that will be changed.  Mr. Michitsch asked to sit down with Councilman Clementi and/or Councilman Corvelli  to work on the budget.  Councilman Clementi and Corvelli agreed to meet with  Mr. Michitsch. Councilman Clementi advised that Kenilworth has the  second lowest tax increase in the County.

Mr. Robert Herbert, 363 Coolidge Drive asked Mayor David to repeat his statement regarding the $300,000.00 grant. Mayor David responded that the Borough is looking to move forward with the new Public Safety Building and has petitioned the Sate for grant money which will be the seed money  to kick off that project. To date the State has committed to $300,000.00 toward that project. Mr. Herbert thought he heard that $300,000.00 was going to architect fees.  

Sal Candarella, 320 North 21st Street asked what are the chances of getting Extraordinary Aid.  Mayor David responded that last year we asked for aid and did not get any, the year before we asked and we did receive some. At this point we do not know whether we will receive it or not. We are in  contact with our State Legislators, who are advising us to a certain extent, but we are not sure if we will get the Extraordinary Aid. We will find out when the State Budget is passed in late June.

Livio Mancino, 102 North 24th Street asked Mr. Swisher if any items that were over last year would go into surplus? Mr. Swisher responded that was true on the revenue side, ie if you anticipated collecting $10,000.00 in fees and permits and you collected $15,000.00 during the year, $5,000.00 would go back to surplus. Mayor David asked Mr. Swisher what would happen if  what you anticipate doesn’t appear and Mr. Swisher replied that you then have a deficit. Mr. Mancino said if you have a deficit in that line item than you could transfer from another line item. Mayor David responded that we are taking a conservative approach in what we are anticipating in revenues.

Mr. Mancino asked how much of an increase will there be for the Zoning/ Building Department for the coming year.  Mayor  David responded that we have a contract with Union for our construction official. Mr. Mancino asked what is the salary paid to the Building Inspector.  Mayor David responded that the Building Inspector is not paid a salary, he is part of a contract with Union. Mr. Swisher advised the Building Inspector is budgeted $34,000.00 for 2006 , last year was $33,400.00. Mr. Swisher advised the Borough does not participate in health plan coverage or pensions for  Zoning Officer or the Building Inspector. Mr. Mancino inquired as to  what the Borough was paying the Engineering Firm. Mr. Swisher advised that  Engineering was under contract  last year for $43,000.00 and this year $44,070.00 .      

 

Kathi Fiamingo stated that it was her understanding that this meeting is the only public hearing on the budget and if there are amendments then the next public hearing is only on the amendments. Ms. Fiamingo wanted to know if Mr. Corvelli’s and Mr. Clementi’s offer to sit down with Mr. Michitsch applies to the rest of us. Mr. Corvelli advised that he is home everyday and would welcome any additional questions.

Mr. Mancino stated that the only items that he would be able to comment on at the next meeting would be the amended items. Councilman Corvelli stated that he could bring up his questions in the public part of the next meeting.  Mr. Mancino stated he has about 40 questions.

Gerry Ramos, 337 North 19th Street, agreed with the Mayor that the budget is a work in progress, He noted that there are a few people protesting the budget but they have not offered any changes. Some of the people who have asked questions tonight have had a chance to look over the budget for a long period of time and they have not come up with any ideas to cut our taxes.

They have nit picked in many areas but have not come up with any suggestions as to how to cut our taxes.  I trust Mayor and Council will cut our budget to the best of their ability.  We have the second lowest tax rate in the County. The Mayor and Council are doing a great job.  We are number 64th in the State, according to NJ Monthly, as one of the finest towns in the State of New Jersey in which to live.  This is because of the hard work that the Mayor and Council have put into the Town over the past two years.  They have kept our taxes down, and our services to a maximum.  Do not be deterred by the naysayers who come forward without offering any solutions.

Herb Michitsch advised that he is not nit picking the budget, this is a budget hearing in which the council has asked for input. He is a concerned tax payer.

Kathi Fiamingo stated that she thought this was a budget hearing and the public was invited to question the budget and ask questions, not to present solutions to the budget, which is Councils job. She stated it is her right and duty to come up here and ask questions.

Mayor David responded that we should not be debating whether anyone has the right to be here or not, if you have something specific to say on the budget then please offer your comments, we are willing to listen.

Mr. Mancino commented that he comes to the Council Meetings to tell the Council that they do the job that is necessary for the community.  He supports each and every councilperson 100%. His reason for coming here is because he thinks the council are the best group collectively to look at this budget.

Councilwomen Colosimo commented that this is a democracy where we are allowed to come up and express our view points, whether we agree with that viewpoint or not, we can express it.  We are a very open Council and open to suggestions.  We all live here and love it here and want it to be the best the town can be.  We do not criticize people for coming up here and making valid suggestions. We do not care what side of the aisle you are on, you are all Kenilworth residents, and please, lets treat each other with respect.

Herb Michitsch requested an AdHoc committee be formed of a few people in the town to work with the Council on the budget. Councilwoman Colosimo recommended that residents who have concerns come to the work sessions, which are every 2nd and 4th Tuesday of the month. Mayor David advised that this is a good suggestion and they will take it under advisement.

Mayor David closed the budget hearing for tonight  There will be a second hearing once the budget is amended.

COMMUNICATIONS AND PETITIONS:

1.      Letter from Ruth Klinder, 227 North 16th Street, asking that the fence on the 16th Street side of the DPW Yard be replaced or trees planted as promised by Council

2.      Letter from Connie Conrad, President of the Library Board of Trustees, commending Walter Krieck and Hedy Lipke for their assistance in the public health situation which occurred at the Library.

Reports:

1.      Municipal Court Report for the month of March, 2006.

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

MAYORS REPORT

 

A Centennial Committee was formed at the beginning of the year which is chaired by Shirley Maxwell.  The committee  has been holding monthly meetings. This past Monday was the third meeting, unfortunately, I was not able to attend.

There are no new updates on the Facility Committee.

Mayor David received a letter from the Kenilworth VFW Post 2230 informing us that they will be having their 75th Anniversary Parade and Memorial Park Dedication Ceremony on Saturday, October 7, 2006 at 1:00 PM with a parade through Kenilworth to their Post where a dedication ceremony will be held at the Memorial Park.  They will be honoring veterans of foreign war for the sacrifices they made for our country.  Refreshments will be served after the dedication.  Mayor David was sure we will hear more about this as we get closer to the event.

 

DEPARTMENT OF FINANCE

 

Councilman Clementi reported that the budget is still a work in progress.

 

DEPARTMENT OF PUBLIC WORKS

 

Councilman DeLuca reported that bulky waste cleanup began on Wednesday, April 19th on the north side of town.  Tonight is the south side of town. The 2005 Recycling Tonnage Report has been completed and submitted to the state. We are waiting for quotes from several companies to clean the above-ground gas and diesel tanks that have been building up with sediment. We placed an order for traffic paint and we will start painting stop bars and crosswalks as soon as we receive the paint.

 

DEPARTMENT OF PUBLIC SAFETY

 

Councilwomen Colosimo reported that the County has loaned us their electric sign to warn  motorists not to make a left-hand turn on 14th Street and the Boulevard. We have put two larger no-left turn signs at the intersection.  The Police Department is now issuing summons to violators. The Chief has sent letters to all the liquor establishments in the Borough explaining the Clean Air Act which took place April 15th.  The Chief has notified the Council about a flooding situation that occurred in two of our jail cells.  He is looking for authorization for the DPW mason to rectify the situation with drains.

DEPARTMENT OF PLANNING, ZONING AND ORDINANCES DEPARTMENT OF FIRE,

 

Councilman Soos reported that 2005 roads are completed, except for the topping on North 15th Street.  There was a water leak there last week and we are waiting for it to dry, we are going to test it tomorrow, and if it OK it will be paved on Friday.  The design for DeMario Park and North 17th Street will be ready for the next meeting. Councilman Soos will be meeting with the engineers tomorrow to look at the curbs on the Boulevard because we have been notified by the County that within the next 3 years they are going be paving the Boulevard and we have some places on the Boulevard where the curbs are in deplorable shape.  There are some places along the Boulevard that do not have curbs.

 

RECREATION, ECOLOGY, LIGHTING AND FIRE

Councilman Corvelli reported that the Fire Department had 59 incidents in March, 8 mutual aid calls, they utilized 617 man hours and traveled 158 miles. The EMS had 63 calls, they utilized 162 man hours and traveled 474 miles. He has the report of the stipend and the progression of the building which I will hand out and discuss at the next Council Meeting. The Recreation Easter Egg Hunt was a success.  There will be another sign-up for the Summer Recreation Park. Councilman Corvelli reported that he has received a few calls regarding vandalism at various parks in Town and he urged residents to report anything suspicious.

DEPARTMENT OF HEALTH, EDUCATION AND WELFARE

Council Taylor reported that he met with the Board of Health regarding a memo that is being sent out for the proposed handling of potentially hazardous bodily fluid such as blood or other fluids that could potentially have a dangerous impact on our residents and employees.  The memo includes items that will be at each building and a procedure on how to dispose of hazardous bodily fluids as well as how to clean the area affected. The Clean Air Act Smoking Ban went into effect on April 15, 2006. The Health Department will be exploring and investigating complaints  regarding smoking. There is a buffer zone,  which is not part of the Statute, and will not be enforced. If there are complaints of people smoking, they will be explored by the Health Officer and fines will be issued to the person who owns the building as well as the smoker.

 

ORDINANCES AND RESOLUTIONS

CONSENT AGENDA

Resolutions No. 1 through No. 5 are listed under Consent Agenda  and will be enacted by one motion.  All items will be recorded individually, in full, in the minutes.

Councilman  Clementi moved that all items under Consent Agenda be approved, seconded by Councilman Soos.  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

            WHEREAS, Rahway Valley Sewerage Authority sent the Borough of Kenilworth a bill for Industrial Permit Fees on March 2, 2006 for the period of October 1, 2004 to September 30, 2005: and

            WHEREAS, the Borough of Kenilworth must bill the industrial users in accordance with that bill: and

            WHEREAS,  on April 17, 2006, the Borough of Kenilworth received a revised bill from RVSA for the industrial users; and

            WHEREAS,  the revised invoice lowered the fee for White Conveyors, located at 10 Boright Avenue, from $4,166.67 to $1,666.67; and

            WHEREAS, the White Conveyors has paid the bill for the original amount of $4,166.67.

            NOW, THEREFORE, BE IT RESOLVED, that the Treasurer is hereby authorized to issue a refund check in the amount of $2,500.00 to White Conveyors, said amount representing the amount overpaid due to the billing error by RVSA.

RESOLUTION NO. 3

            WHEREAS, a fee has been collected for removal of a refrigerator in the amount of $25.00 and,

WHEREAS, the permit has been found not to be used.

NOW, THEREFORE, BE IT RESOLVED that the Treasurer be authorized to draw a warrant in the amount of $25.00 payable to the order of:

Arlene Kane

249 North 11th Street

Kenilworth, NJ  07033

RESOLUTION NO. 4

Be It Hereby Resolved:   That Sarah Weber and Bill Zorci be appointed Regular School Crossing Guards for the Year 2006 retroactive to April 3, 2006.

RESOLUTION NO. 5

Whereas, an emergent condition has arisen with respect to adoption of the 2006 Annual Budget and no adequate provision has been made in the 2006 Temporary Budget for the aforesaid purpose, and the N.J.S. 40A:4-20 provides for the creation of an emergency temporary appropriation for the purpose above mentioned; and

Whereas, the total emergency resolutions adopted in the year 2006 pursuant to provisions of  Chapter 96, P.L. 1951 (N.J.S. 40A:4-20) including this resolution total $903,850.00.

Now, Therefore, Be It Resolved (not less than two-thirds of all the members thereof affirmatively concurring) that in accordance with the provisions of N.J.S. 40A:4-20:

1.         An emergency temporary appropriation be and the same is hereby made for other         expense appropriations in the amount of $181,650.00.

2.      That said emergency Temporary appropriation be provided for in the 2006 Budget under the title of:  Various line items:

Other Expenses                        Account Name             From                                        To

            701                              Clerk S&W                           $  38,000.00                    $   50,500.00

            703                              Mayor & Council                              800.00                        1,000.00

            705                              Financial Adm. P/T                              0.00                       10,000.00       

            710                              Tax Assessor                                        6,100.00                              7,600.00

            715                              Engineering                                     5,000.00                        7,500.00

            746                              Police Traffic S&W                    55,000.00                      57,000.00

            749                              Fire Dept.P/T Clerical                   1,600.00                        2,600.00

            753                              Fire Prevention Bureau     11,000.00                      12,500.00

            765                              Streets & Roads S&W              190,000.00                    230,000.00 

            770                              Solid Waste Collection S&W     43,000.00                      54,000.00

            770                              Solid Waste Collection O/E                 0.00                           750.00

            772                              Buildings & Grounds/OE           16,000.00                       18,000.00

            785                              Board of Health P/T                             0.00                         6,000.00

            795                              Recreation S&                                     0.00                         1,200.00

            795                              Recreation O/E                              4,000.00                         4,500.00

            796                              Celebration of Public Events                0.00                             500.00

            800                              Maint. Free Public Library          98,000.00                          138,000.00            430                              Utilities                              71,000.00                       91,000.00

            833                              Court P/T                                             0.00                       15,000.00 

            833                              Court O/E                                       3,000.00                        6,000.00             837                              Contribution to S.S.                       52,000.00                      62,000.00

RESOLUTION NO. 6             

Introduced by Frederick Soos who also moved its adoption

Be It Hereby Resolved:   That Hrynkiewicz Landscape Contractors be authorized to seed/renovate the front lawn at Borough Hall at a cost of $1,700.00 as per quotation submitted.

Seconded by Lawrence Clementi

Five in favor. Councilman DeLuca abstained

Proposed Ordinance No. 2006-05 was read for the first reading as follows: (Copy attached)

                                                Ordinance No. 2006-05

AN ORDINANCE TO ADDRESS STORMWATER CONTROL IN CHAPTER 159 OF THE BOROUGH OF KENILWORTH SO AS TO ENACT STORMWATER CONTROL. REGULATIONS.

Mayor David advised that there are seven Ordinances being introduced this evening for first reading.  All of the Ordinances relate to stormwater and are mandated by the State of New Jersey that each Municipality enact them. You can get a copy of the Ordinance at the back of the room or at the Municipal Clerks Office.  The second reading will be on May 24, 2006 and anyone who wishes to speak on the Ordinance can do so at that time.

RESOLUTION NO. 7

Introduced by Frederick Soos who also moved its adoption

Be It Hereby Resolved:   That Proposed Ordinance No. 2006-05, be and the same is hereby passed on first reading and ordered published for final hearing on May 24, 2006.

Seconded by Lawrence Clementi and on roll call unanimously carried

Proposed Ordinance No. 2006-06 was read for the first reading as follows: (Copy attached)

                                                            Ordinance No.2006-06

AN ORDINANCE TO AMEND CHAPTER 158 (SEWERS) OF THE CODE OF THE BOROUGH OF KENILWORTH TO PROHIBIT THE SPILLING, DUMPING OR DISPOSAL OF MATERIALS OTHER THAN STORMWATER TO THE MUNICIPAL SEPARATE STORM SEWER SYSTEM.

Mayor David reported that this Ordinance is specific to the prohibition of spilling, dumping or disposal of materials other than storm water to our storm sewer system. You can get a copy of the Ordinance at the back of the room or at the Municipal Clerks Office.  This is a first reading, the second reading will be on May 24, 2006 and anyone who wishes to speak on the Ordinance can do so at that time.

RESOLUTION NO. 8

Introduced by Carmela Colosimo who also moved its adoption

Be It Hereby Resolved:   That Proposed Ordinance No. 2006-06, be and the same is hereby passed on first reading and ordered published for final hearing on May 24, 2006.

Seconded by Robert Taylor and on roll call unanimously carried

Proposed Ordinance No. 2006-07 was read for the first reading as follows: (Copy attached)

                                                            Ordinance 2006-07

AN ORDINANCE TO AMEND CHAPTER 158 (SEWERS) OF THE CODE OF THE BOROUGH OF KENILWORTH TO PROHIBIT ILLICIT CONNECTIONS TO THE MUNICIPAL SEPARATE STORM SEWER SYSTEM.

Mayor David reported this Ordinance is specific to the prohibition of illicit connections to our storm sewer system. You can get a copy of the Ordinance at the back of the room or at the Municipal Clerks Office.  This is a first reading, the second reading will be on May 24, 2006 and anyone who wishes to speak on the Ordinance can do so at that time.

RESOLUTION NO. 9

Introduced by Carmela Colosimo who also moved its adoption

Be It Hereby Resolved:   That Proposed Ordinance No. 2006-07, be and the same is hereby passed on first reading and ordered published for final hearing on May 24, 2006.

Seconded by Robert Taylor and on roll call unanimously carried

Proposed Ordinance No. 2006-08 was read for the first reading as follows: (Copy attached)

                                                            ORDINANCE NO. 2006-08

AN ORDINANCE TO AMEND CHAPTER 106 (GARBAGE, RUBBISH AND REFUSE OF THE CODE OF THE BOROUGH OF KENILWORTH TO ESTABLISH A YARD WASTE COLLECTION AND DISPOSAL PROGRAM.

Mayor David reported that this Ordinance is specific to establishing a yard waste collection and disposable program.  This is a first reading, you can get a copy of the Ordinance at the back of the room or at the Municipal Clerks Office.  The second reading will be on May 24, 2006 and anyone who wishes to speak on the Ordinance can do so at that time.

RESOLUTION NO. 10

Introduced by Carmela Colosimo who also moved its adoption

Be It Hereby Resolved:   That Proposed Ordinance No. 2006-08, be and the same is hereby passed on first reading and ordered published for final hearing on May 24, 2006.

Seconded by Robert Taylor and on roll call unanimously carried.

Proposed Ordinance No. 2006-09 was read for the first reading as follows: (Copy attached)

                                                            ORDINANCE NO. 2006-09

AN ORDINANCE TO AMEND CHAPTER 125 (LITTERING) OF THE CODE OF THE BOROUGH OF KENILWORTH TO ESTABLISH REQUIREMENTS TO CONTROL LITTERING IN THE BOROUGH OF KENILWORTH SO AS TO PROTECT PUBLIC HEALTH, SAFETY AND WELFARE.

Mayor David reported that this is an Ordinance for controlling litter in the Borough. This is a first reading, you can get a copy of the Ordinance at the back of the room or at the Municipal Clerks Office.  The second reading will be on May 24, 2006 and anyone who wishes to speak on the Ordinance can do so at that time.

RESOLUTION NO. 11

Introduced by Carmela Colosimo who also moved its adoption

Be It Hereby Resolved:   That Proposed Ordinance No. 2006-09, be and the same is hereby passed on first reading and ordered published for final hearing on May 24, 2006.

Seconded by Robert Taylor and on roll call unanimously carried.

Proposed Ordinance No. 2006-10 was read for the first reading as follows: (Copy attached)

                                                            ORDINANCE NO. 2006-10

AN ORDINANCE TO ADD CHAPTER 84 (WILDLIFE FEEDING) TO THE CODE OF THE BOROUGH OF KENILWORTH TO PROHIBIT THE FEEDING OF UNCONFINED WILDLIFE UNDER CERTAIN CIRCUMSTANCES.

Mayor David reported that this is an Ordinance to prohibit the feeding of unconfined wildlife under certain circumstances, which is basically Borough-owned property. This is a first reading, you can get a copy of the Ordinance at the back of the room or at the Municipal Clerks Office.  The second reading will be on May 24, 2006 and anyone who wishes to speak on the Ordinance can do so at that time.

RESOLUTION NO. 12

Introduced by Carmela Colosimo who also moved its adoption

Be It Hereby Resolved:   That Proposed Ordinance No. 2006-10, be and the same is hereby passed on first reading and ordered published for final hearing on May 24, 2006.

Seconded by Robert Taylor and on roll call unanimously carried.

Proposed Ordinance No. 2006-11 was read for the first reading as follows: (Copy attached)

                                                            ORDINANCE NO. 2006-11

AN ORDINANCE TO AMEND CHAPTER 83 (DOGS) OF THE CODE OF THE BOROUGH OF KENILWORTH TO ESTABLISH REQUIREMENTS FOR THE PROPER DISPOSAL OF PET WASTE.

Mayor David reported that this is an Ordinance to establish requirements for the proper disposal of pet solid wastes. Pet owners have to remove pet waste immediately from any property that they do not own.  This is a first reading, you can get a copy of the Ordinance at the back of the room or at the Municipal Clerks Office.  The second reading will be on May 24, 2006 and anyone who wishes to speak on the Ordinance can do so at that time.

RESOLUTION NO. 13

Introduced by Frederick Soos who also moved its adoption

Be It Hereby Resolved:   That Proposed Ordinance No. 2006-11, be and the same is hereby passed on first reading and ordered published for final hearing on May 24, 2006.

Seconded by Lawrence Clementi and on roll call unanimously carried.

GENERAL BUSINESS

Councilwomen Colosimo commented that she noticed an error on the budget regarding salary increases for the Council. The error  included the Council, along with the Borough employees, as receiving a 4% salary increase.  A 4% increase for the Council members would equate to about $21.43 per person, which is not that much, however it is an error.

Councilman Soos commented that the Centennial Meeting on Monday night had a very good turnout.  A lot of organizations are involved, they have established quite a few committees such as Parade Committee, Finance Committee, Entertainment Committee, Education Committee.  We have a tentative parade route, a picnic date of  June 16, 2007 with a rain date the following date.  The next meeting is May 22, 2006 at 7:00 at the Senior Building. If anyone here is interested, please come.

OPEN TO THE PUBLIC

Mr. Michitch commended the Council for doing an excellent job for the Town. I know you have a rough job and I do not come to the meetings to badger you. I am trying to provide some meaningful input. I thank you for at least considering me to work with these two fellows.

Mr. Livio inquired about a schematic he gave to the Mayor and Council sometime last year regarding a memorial for 911. Mayor David responded that he recalled it being presented but he did not believe any action had been taken. Mr. Mancino had previously discussed this with Mr. Galasso and he would appreciate  if the Mayor and Council could resurrect this project. If the Council does not have a copy he would be glad to submit another copy. The schematic was a circular form about  4’ to 6’ inches high with the towers inside and a beam of light that went through the top.

Mr. Mancino inquired about the $60,000.00 for the DPW Department in the capital budget.  Mr. Mancino advised that the sweeper is an abomination.  He stated that his wife was walking his grandchildren on his  property and the sweeper kicked up all the stones from the street onto the property. Mr. Mancino asked the Council to keep the sweeper off the street.  Mr. Mancino believes the money for the DPW capital budget should be spent on a sweeper.

Mayor David responded that we do need a new sweeper and it is being discussed for this years budget. The Borough is required under stormwater regulations to sweep our streets and this is mandated by the State.

Mr. Mancino reported that he had $1500.00 dollars worth of damage to his property by a contractor on 24th Street. I gave a letter to the Borough Clerk stating the facts.. Mr. Mancino asked Councilman Soos if anything was going to be done with the breach of contract from the person who paved North 24th street from Washington to Center Street. 

Councilman Soos responded that they are still working on the situation, they are holding back money from him.  There are time limits involved and if he doesn’t come in here, we are going to get another contractor to come in and do the repairs.

Mr. Mancino asked if he could repair the property and submit a bill. Councilman Soos responded that he will check with the Borough Attorney.

Mr. Mancino wanted to  bring a situation to the Council’s attention regarding Crossing Guards.  The Kindergarten class gets out at 1:00 and there are not any Crossing Guards at 18th and the Boulevard. Mr. Mancino would like the Council to look into having the Crossing Guards stay until 2:00 for the safety of the kindergarten children. Councilwomen Colosimo will look into the situation.  Mr. Mancino has asked the County to repaint the school zone lines. 

Mr. Mancino also inquired about the Council putting rumbles in the high school drive coming in off of Monroe.  Councilwomen Colosimo responded that the Chief was not in favor of rumbles.

Mr. Mancino reported that he asked Hedy if he could borrow the Borough tape recorder for PZO Meetings.  Mr. Mancino reported that Ms. Lipke advised him that he could not record the meetings. Mr. Soos responded that the Council consulted with the Borough Attorney and there is no reason to tape the meetings. Mr. Mancino requested that the Council reconsider.

Ms. Fiamingo inquired about the condition of the Borough lawn. The Council responded that due to the hot summer last year, the lawn dried up. The Borough has hired a lawn service to repair the lawn.

Ms. Fiamingo inquired as to whether the Council has looked into video taping the meetings on TV 36. She advised that Kenilworth has a grant and would like to urge the Council to use it for video tapping the meetings. Councilwomen Colosimo advised that the Council has turned the money over to the Board of Education.

Mr. Ramos reported that the Mayor receives a grand total of $750.00 per year and each Council person gets $500.00 per year. Mr. Ramos stated that the Council are truly underpaid and a raise is long overdue.

Mr. Ramos commented that he believes that Council should not create two levels of citizenship involvement regarding the budget. There was talk here tonight about forming ADHOC Committees to work on the budget. There is a format for people to make comments on the budget and Mr. Ramos thinks if Council starts meeting with individuals privately about the budget, they are disenfranchising the rest of the people in town. He commented that the Council should not form committees on the budget with people who come up here and protest as they are doing a disservice to the other 99% of the people who are tax payers.  He urged the Council not to form special meetings with people who come to the Council meetings to criticize the budget, these people should be able to express their view at normal Council Meetings.

Mr. Robert Herbert, 363 Coolidge Drive commented that he realized that taxes need to go up in order to catch up with the police departments back pension. Mr. Herbert asked if the Borough froze the pension for the Police Department or did the State put a freeze on the pension.  Mayor David responded that the State froze the back pension for the Police. As a concerned citizen,  Mr. Herbert reported that the Council listens to the people and the State does not. Mr. Herbert stated that our state politicians are the number one on corruption and that is why we are in the tax position we are in. Seniors, middle age people and young people who are starting out cannot make it in this state because of taxes, especially property taxes. The way this state is going and the misuse of funds for three governors in one year and the fact that we have to pay pensions for these three is bankrupting our State. I hear that the Council is working with new politicians who are trying to do the right thing. Mr. Herbert would like to know if the Council could start a committee to push the state officials to stop misusing our money, because it all comes back to the taxpayers. Mr. Herbert suggested that we try to change the law regarding pensions for politicians who are corrupt.

Sal Candarella, 320 North 21st St. thanked the Mayor for coming to the 50th Anniversary for the Knights of Columbus last Saturday. He would like to offer the Knights service for the Centennial. Mayor David responded that it was his pleasure to attend the celebration and thanked Mr. Candarella for the invitation.

ADJOURNMENT

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

9:30 PM                                                                                   Respectfully submitted,

                                                                                                Hedy Lipke, Borough Clerk



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