Council Minutes from 4/24/2002

REGULAR MEETING OF THE MAYOR AND COUNCIL HELD ON WEDNESDAY EVENING, APRIL 24, 2002.� MAYOR MICHAEL TRIPODI PRESIDED.

ROLL CALL

Roll Call at 8:01 P.M. showed the following Council Members present:� Carmela Colosimo, Gregg David, Richard Falcetano, Kathi Fiamingo, Ed Galasso, and Robert Taylor.

Mayor Tripodi read the requirements of the Open Public Meetings Act.

The Salute to the Flag was led by Mayor Tripodi.

MINUTES

It was moved by Falcetano, seconded by Fiamingo and carried, that the minutes of the Work Session Meeting of April 9^th and the Regular Meeting of April 10, 2002 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS

A Tort Claims Notice was received on 4/12/02 regarding Robert Housel v. Chief of Police; Kenilworth Police Department, et al.� Forwarded to our insurance agent.
Shirley Boyden Maxwell, Kenilworth Historical Society, sent a copy of their ad application for the 95^th Anniversary Brochure and also an announcement of a Community Focus Group Meeting on Saturday, April 27^th.

REPORTS

Municipal Court Report for the month of March, 2002.

It was moved by Galasso, seconded by Falcetano 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 Tripodi noted the Proclamation listed on this evening�s agenda which proclaims May 2^nd as a Day of Prayer in the Borough of Kenilworth, adding that since September 11^th it is especially a good time to be spiritual and allow for a day of reflection.� He said they are confirming plans for the Borough�s anniversary celebration on June 13^th and will have more information at the next meeting.� Mayor Tripodi took this time to wish all of the ladies in Borough Hall a happy �Administrative Professionals Day� and expressed gratitude to the woman in Borough Hall.�

REPORT OF COMMITTEES (CONT.)

DEPARTMENT OF FINANCE

Councilwoman Fiamingo reported that she looked into the amount of the proposed administrative fee for the outside police duty and said it was determined that the amount was sufficient to cover all of the involved cost after it was questioned at the last meeting.� She said they are still looking into the cost of the bulky waste pickup to determine what the actual costs were.� Councilwoman Fiamingo said the gas pumps are down and quotes are being obtained.

DEPARTMENT OF PUBLIC WORKS

Councilwoman Colosimo reported that the men have been busy cleaning and picking up, especially after the storm on Friday.� Several branches and 4 trees came down with the storm and the department was able to remove them before Saturday morning.� On Monday the Shade Tree

crew went to prune the trees .� She said the gas pumps are down and we are getting our gas from Cranford while awaiting the bids for repairs.� All of the damage and vandalism at both parks were repaired and Superintendent Ryan finished the 2001 tonnage report.

DEPARTMENT OF PLANNING, ZONING AND ORDINANCES

Councilman David reported that tomorrow evening is the� Planning Board�s scheduled meeting for the month of April and the agenda is full.� He predicted that the Planning Board will have a busy spring and summer as this is the time of year that most people are doing construction.

DEPARTMENT OF PUBLIC SAFETY

Councilman Galasso reported that there is a first reading on the agenda today to eliminate parking on North 16^th Street, east, from the dead end south for 250 feet.� He said that this is as a result of a request by the 16^th Street Neighborhood Watch Group.

DEPARTMENT OF FIRE, RECREATION, LIGHTING AND ECOLOGY

Councilman Falcetano announced that the Fire Chief came to last night�s work session meeting an did a presentation on the proposed renovations to the Fire House and after reviewing it are anticipating the governing body�s approval to move ahead.� Councilman Falcetano reported that money for this project was generated by their own fundraising efforts.� He read the following notes which were received from residents along with their donations:

��

�� - I thank you and the entire fire department for your dedication to your work and faithfulness to the service

�� of the people of Kenilworth.� God Bless!

��

�� - I was unaware of the participation of the Kenilworth Volunteer Fire Department in the tragedy of

�� Sept. 11^th and your help to the F.D.N.Y.� I�m sure it was appreciated.� May I compliment you all for

�� your services to our country.� You all made our �little town� proud.

�� - Hope this helps a little, you guy�s are doing a great job.� Keep up the good work and may God always

�� be where ever you guy�s go.

REPORT OF COMMITTEES (CONT.)

DEPARTMENT OF FIRE, RECREATION, LIGHTING AND ECOLOGY (CONT.)

- Please find enclosed my contribution to your efforts.� With my thanks to you for an excellent job!

- Even though we don�t �see� each other often, we know you are there and appreciated what you

�� do!

Councilman Falcetano said that this was just a sample of the letters and notes received and, on behalf of the Volunteer Fire and Rescue Squad, he would like to thank the residents for their� donations which will make the project possible, adding that we have good people in our town.

DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE

Councilman Taylor reported that there is a second reading on an ordinance this evening which will amend the parking ordinance in the area of the Recreation Building and limit parking to Board of Health related or municipal business.� He also said that when he attended the Board of Health meeting he was given an update on the grease trap investigation which he provided to the Council.� Councilman Taylor also informed the Council that they are investigating the feasibility of a cigarette machine ban for health purposes and to prevent the sale of cigarettes to minors. He provided a report from Dr. Disko regarding the condition of the ramp behind the Library which will be taken care of in the upcoming weeks and months.

BILLS

Consolidate Bill appears on the following page.

CONSENT AGENDA

Resolutions No. 1 through 7 are listed under Consent Agenda and will be enacted by one motion in the form listed below.

Council Member Fiamingo moved that all items under Consent Agenda be approved, seconded by Council Member Taylor.� 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

Be It Hereby Resolved:�� That retroactive to April 11, 2002, David Maas and Joseph Papilo be

employed to perform Fire Sub-Code duties n a temporary basis.� Said inspectors are to work a total of 6 hours a week at a rate of $35.00 per hour for a period not to exceed 90 days.

CONSENT AGENDA

RESOLUTION NO. 3��

Resolution appears on the following page.� (Capital Budget Amendment � Purchase of Leaf

�� Collector - $37,000.)

RESOLUTION NO. 4

Resolution appears on the following page.� (Resolution regarding submission of the 2001

�� Tonnage Grant Application)

RESOLUTION NO. 5

Be It Hereby Resolved:�� That the Borough Clerk be authorized to issue the following Raffle

Licenses on behalf of the Kenilworth Volunteer Fire Department for the annual Carnival:

�� #751 � To St. Theresa�s Church for an Off-Premise 50/50 to be held on August 24, 2002

�� #752 � To St. Theresa�s Church for an On-Premise 50/50 to be held on

�� August 19, 20, 21, 22, 23 & 24, 2002

�� #754 � To St. Theresa�s Church for Amusement Games to be held on August 19, 20,

�� 21, 22, 23, & 24, 2002

RESOLUTION NO. 6

Be It Hereby Resolved:� That Mayor and Council retroactively ratify the contract with Harry R. Carter, PhD dated December 20, 2001 for an amount not to exceed $9,000.

RESOLUTION NO. 7

Proclamation appears on the following page.� (Proclaiming May 2, 2002 as �Day of Prayer� in

�� Kenilworth)

ORDINANCES

Proposed Ordinance No. 2002-04 was read for a second reading as follows:� (Copy appears in

�� minutes of April 10, 2002)

�� ORDINANCE NO. 2002-04

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 $437,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $296,400 IN AGGREGATE PRINCIPAL AMOUNT OF BONDS OR NOTES TO FINANCE PART OF THE COST THEREOF

ORDINANCES (CONT.)

Mayor Tripodi opened the meeting to the public for any questions or comments on Proposed

Ordinance� No. 2002-04.

Livio Mancino, North 24^th Street, asked how much we are expending this year on capital improvements and how much are we bonding?

Councilwoman Fiamingo explained that we are bonding $296,400. adding that some of the funding for some of the projects listed on the ordinance is coming from grants.� The Sheridan Avenue street paving is coming from a DOT grant.

Mr. Mancino asked why it was in here if the funding is coming from a grant?

Councilwoman Fiamingo explained that we have to pay part of it.�

Mr. Mancino said he wants to know exactly what the town is spending on capital improvements for this year.

Councilwoman Fiamingo said, according to this ordinance , it is $296,400 for the improvements, however, she does not know the answer to Mr. Mancino�s question offhand.�

Mr. Mancino asked what was spent last year?

Councilwoman Fiamingo said is was about $300,000, however, we also have other capital expenditures, such as equipment.�

Mayor Tripodi said they have two accounts, one for improvements and one for equipment.

Mr. Mancino said if the Borough is bonding $296,400 for the year, it won�t even cover 3 streets.

Mayor Tripodi explained that the auditor establishes the range for our capital budget.

Mr. Mancino said the auditor should implement what the governing body requests.�

Councilman David explained that the auditor looks over our debt service and makes recommendations based on other communities our size and what they are asking for.� Fortunately, we are not in a risk level.� The auditor provides us with guidance, however, he does not tell us what to do.

Mr. Mancino said the state will look at things different.� The bottom line is that the Borough is putting out only $15,000 for capital improvements and he feels that is strange.

HEARING ON PROPOSED ORDINANCE NO. 2002-04 (CONT.)

Mr. Musik, North 24^th Street, said he was under the impression that North 24^th Street was supposed to be paved between Washington Avenue and Monroe Avenue and now has heard that it will not be done.� He said that when he first bought his house in 1951, the street was paved and has not been paved since.� When will it be done?

Mayor Tripodi explained that if the street was going to be done, it would be listed on this ordinance.� He said he believes the Borough Engineer applied for North 24^th Street through Community Development.

Councilwoman Colosimo said she will double check with Dr. Disko.� She asked Mr. Musik to come to the next meeting and said she will have that information.

Councilman David said we should not mislead anyone that even though we may have submitted that street for funding, if we do not get the funding there is no intention to pave the street.

Councilwoman Colosimo said she will just check with Dr. Disko to see if we will be getting any community development funding.� She explained that Dr. Disko makes a list and she said although North 24^th Street is in need of repair, there are a lot of worse streets in town.�

Mr. Mancino said that he was told by Dr. Disko that this street would be done this year through

capital improvements.� He said there are 26 potholes on his section of North 24^th Street and when the Boulevard is closed for any reason, North 24^th Street is used as a cut through.� Mr. Mancino said that if North 24^th Street is not in the bond ordinance, Dr. Disko should be here because he

told him it was going to be done.� He added that if the street costs $100,000 to be paved, we should be able to put another $5,000 in the capital budget to cover this.�

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

RESOLUTION NO. 8

Introduced by Fiamingo who also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2002-04, be and the same is hereby passed on second and final reading and ordered published according to law.

Seconded by David and on roll call unanimously carried.

Proposed Ordinance No. 2002-05 was read for a second reading as follows:� (Copy appears in

�� minutes of April 10, 2002)

�� ORDINANCE NO. 2002-05

ORDINANCE AMENDING CHAPTER 170 OF THE CODE OF THE BOROUGH OF KENILWORTH � RESTRICTIONS AFTER RECONSTRUCTION OR RESURFACING

ORDINANCES (CONT.)

PROPOSED ORDINANCE NO. 2002-05 (CONT.)

Mayor Tripodi explained that this ordinance� will allow for an exception in the 5^th year, with good cause shown, for the street to be opened.� It is a discretionary permit which would be issued and the repairs would allow for a full curb cut which is restoring of the pavement from curb to curb.

Mayor Tripodi opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2002-05.

Livio Mancino, North 24^th Street, asked what the ordinance currently reads and how is it being changed?

Councilman David explained that the current ordinance says that the street cannot be opened for 5 years after it is being paved, unless it is an emergency.� Now, in the 5^th year, under special circumstances, the Council will allow the street to be opened under the condition that it is closed with a curb to curb patch.� He explained that if a utility company determines it is an emergency,

they can open the street.

Mr. Mancino asked if the borough engineer is called in to oversee these emergencies?

Mayor Tripodi explained that if there is a gas leak, they will not ask questions, they will just cut.

Attorney Vitale said if it is a declared emergency, they have 24 hours to come in after the street is cut to file for a permit.

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

RESOLUTION NO. 9

Introduced by David who also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2002-05, be and the same is hereby passed on second and final reading and ordered published according to law.

Seconded by Fiamingo and on roll call unanimously carried.

Proposed Ordinance No. 2002-06 was read for a second reading as follows:� (Copy appears in

�� the minutes of April 10, 2002)

�� ORDINANCE NO. 2002-06

ORDINANCE AMENDING CHAPTER 190 OF THE CODE OF THE BOROUGH OF

KENILWORTH � PARKING RESTRICTIONS AT MUNICIPAL LOT NO. 4

ORDINANCES (CONT.)

PROPOSED ORDINANCE NO. 2002-06 (CONT.)

Mayor Tripodi explained that this issue was brought to us by Councilman Taylor and the Board of Health and will restrict parking on the side of the Recreation Building and will limit the use

to parking for the activities and/or borough use.�

Mayor Tripodi opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2002-06.

Livio Mancino, North 24^th Street, asked if there were any time restrictions because he is parked there now.

Mayor Tripodi told him it was alright to park there because he was here on Borough business.

Mr. Mancino said that how will the police know that he is here on Borough business?

Councilman Falcetano explained that one of the problems was that� Repetti�s customers were parking there in the evening, so therefore they would like the ordinance in effect 24 hours a day.

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

RESOLUTION NO. 10

Introduced by Taylor who also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2002-06, be and the same is hereby passed on second and final reading and ordered published according to law.

Seconded by Fiamingo and on roll call unanimously carried.

Proposed Ordinance No. 2002-07 was read for a first reading as follows:� (Copy attached)

�� ORDINANCE NO. 2002-07

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 $69,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $65,000 IN AGGREGATE PRINCIPAL AMOUNT OF BONDS OR NOTES TO FINANCE PART OF THE COST THEREOF

Mayor Tripodi said that this bond ordinance is for equipment and we will have the public hearing on May 8, 2002.

ORDINANCES (CONT.)

PROPOSED ORDINANCE NO. 2002-07 (CONT.)

RESOLUTION NO. 11

Introduced by Fiamingo who also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2002-07, be and the same is hereby passed on first reading and ordered published for final hearing on May 8, 2002.

Seconded by David and on roll call unanimously carried.

Proposed Ordinance No. 2002-08 was read for a first reading as follows:� (Copy attached)

�� ORDINANCE NO. 2002-08

ORDINANCE AMENDING CHAPTER 91-4 OF THE BOROUGH CODE � OFF DUTY POLICE SERVICE FEES

Mayor Tripodi said that this ordinance was tabled at our last meeting and as Councilwoman Fiamingo reported, have been reviewed and the fees are in order.

RESOLUTION NO. 12

Introduced by Fiamingo who also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2002-08, be and the same is hereby passed on first reading and ordered published for final hearing on May 8, 2002.

Seconded by Galasso and on roll call unanimously carried.

Proposed Ordinance No. 2002-09 was read for a first reading as follows:� (Copy attached)

�� ORDINANCE NO. 2002-09

ORDINANCE AMENDING CHAPTER 190 OF THE CODE OF THE BOROUGH OF KENILWORTH � NO PARKING EAST SIDE OF NORTH 16^TH STREET FROM DEAD END SOUTH FOR 250 FEET

Mayor Tripodi explained that the residents of North 16^th Street met with Councilman Galasso and the police chief brought this parking problem to their attention. He said it will be open to

public hearing on May 8, 2002.

ORDINANCES (CONT.)

RESOLUTION NO. 13

Introduced by Fiamingo who also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2002-09, be and the same is hereby passed on first reading and ordered published for final hearing on May 8, 2002.

Seconded by Galasso and on roll call unanimously carried.

GENERAL BUSINESS

Mayor Tripodi said, in regards to the storm on Friday night, Kenilworth faired pretty well compared to some of the surrounding towns.� He said he was in the office that evening and he

would like to compliment and give kudos to our Police Department, Fire Department, Public Works Department, and the Emergency Management Department for a job well done.� The situation was managed in about one hour and they had everything under control, handling everything truly professionally.� There were some power issues and our officers were able to work with the PSE&G technicians to make sure everything was safe and secure.� He said

�hats off� to our emergency responders for a good job.

MEETING OPEN TO THE PUBLIC

Patty Kotch, North 24^th Street, said she is on the last third of the street in question and said it is ironic that they have had to call the DPW and ask them to stop cleaning their street because all the street cleaner does is to pick up the broken macadam and toss it around so it goes all over your cars and windshields. She said she really would wish that the governing body would reconsider and finish paving the street.

Scott Ruerup, North 24^th Street, said he addressed this last year at which time he was told that it would be considered for paving this year because there is a tree which is located in his neighbor�s yard which is ripping up the street and making worse.� He said the residents are tired of getting the run-around and that they pay their taxes and expect to get it done.� He said the kids can�t even bounce a ball on the street and it is ruining their cars and tires.

Al Scozzarro, North 24^th Street, said he has 3 children who cannot even ride their bikes on the street.� He asked the Mayor and Council to reconsider paving the street.

Don Marino, North 24^th Street, said he lives on the section between Washington Avenue and Monroe Avenue and right in front of his house is a lake when it rains.� He was also told it would be taken care of this year and is now hearing that it won�t be.� He said what should the residents do if they are not on the �street paving list�?� He said it is so bad that he has to pull in front of his neighbor�s house to load and unload his Suburban.

MEETING OPEN TO THE PUBLIC (CONT.)

Maura Lynch, North 24^th Street, said that her house is the one with the tree that is ripping up the street and has raised her front lawn. She said she has contacted Shade Tree and they said that the tree is healthy and they will not touch it.� She said the plows come down and break up the tree and the street cleaner comes down it pelts everyone�s cars with the rocks.� She asked if there are

Community Development funds available even though the state has made so many cuts?

Mayor Tripodi said this portion would be done with municipal funds.

Livio Mancino, North 24^th Street, said that the police department should be made aware of the fact that the street is used a lot and what horrible condition it is in.� He said there are 26 pot holes which were put in by the utility companies.� He said the town has not done anything over the years, as the County has taken care of the parks, the Little League has put lights on the fields, etc.� Mr. Mancino said that if this street is not done, Dr. Disko should be fired because he assured him that this was one of the most important streets which needed to be done and said that he was glad we were able to get Community Development funds for it.� He said he wished Dr. Disko was here today to defend himself.� Mr. Mancino urged the governing body to reconsider and increase the capital budget. Mr. Mancino also asked who Harry P. Carter, PhD. is, noting the Borough paid a fee of $9,000. to?

Councilman Falcetano explained that he is a consultant who was working with the Fire Chief in regards to resolving an issue of manpower shortages during the day.�

Mr. Mancino asked Councilman Falcetano if it was necessary to bring a consultant in?

Councilman Falcetano said it was because it is a critical situation and we are considering a couple of different solutions.� He said basically they feel the fee will pay for itself by helping to make the right decision.

Mr. Mancino suggested that Councilman Falcetano sits down and talks to the Fire Department and ask the members to ask their places of business if they can have one or two days a month off so they can volunteer their time to the Borough.� He said from his experience, most companies will allow this.

Paul Perette, North 24^th Street, said he agrees with his neighbors and the other residents of North 24^th Street in the fact that his children cannot play on the street �and with the tree lifting the street it is compounding the problem.� He said he also has a lake of water in front of his house.

Ms. Kotch asked how the decision to do 1/3 of a street is made?

Councilman David said that Community Development has paid for 1/3 of the street.

Mayor Tripodi explained that the engineer gives the governing body a list of streets which need to be done.

MEETING OPEN TO THE PUBLIC (CONT.)

Councilman Falcetano added that there is a certain criteria that has to be met.�

Ms. Kotch asked if the engineer can come and explain why they do not meet the criteria.

Councilwoman Fiamingo said that even though it may have been submitted, sometimes Community Development does not approve it.

Councilman David tried to explain that usually it goes by the amount of income of the residents on the street.

Councilwoman Colosimo said there could be many reasons or factors and we should wait to hear what Dr. Disko says first.

Mr. Mancino said they have curbed the amount of money that they give out in grants, and for this reason the governing body should put more money into the budget to do streets.

Councilwoman Colosimo said she took down the address of the home with the tree and will personally go there tomorrow.� She said the Borough policy is not to take down a healthy tree, however, they do make exceptions if the tree is a hazard or is causing damage.� Councilwoman Colosimo said she will also make sure the street sweeper does not go down the street until it is fixed. She said she will also request a full report on North 24^th Street from Dr. Disko.

Mr. Musik said that if it goes by income, half of his block is retired and they should easily meet the criteria.

ADJOURNMENT

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

9:00 P.M.

�� Respectfully submitted,

��

�� Hedy Lipke

�� Borough Clerk

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ROLL CALL

MINUTES

COMMUNICATIONS AND PETITIONS

REPORTS

REPORT OF COMMITTEES

DEPARTMENT OF PUBLIC WORKS

DEPARTMENT OF PLANNING, ZONING AND ORDINANCES

DEPARTMENT OF PUBLIC SAFETY

DEPARTMENT OF FIRE, RECREATION, LIGHTING AND ECOLOGY

DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE

BILLS

CONSENT AGENDA

RESOLUTION NO. 1

RESOLUTION NO. 2

CONSENT AGENDA

RESOLUTION NO. 3���

RESOLUTION NO. 4

RESOLUTION NO. 5

RESOLUTION NO. 6

RESOLUTION NO. 7

ORDINANCES

ORDINANCES (CONT.)

RESOLUTION NO. 8

RESOLUTION NO. 9

RESOLUTION NO. 10

RESOLUTION NO. 11

RESOLUTION NO. 12

RESOLUTION NO. 13

GENERAL BUSINESS

MEETING OPEN TO THE PUBLIC

ADJOURNMENT

RESOLUTION NO. 3��