Council Minutes from 5/22/2002

MEETING OF THE MAYOR AND COUNCIL HELD ON WEDNESDAY EVENING, MAY 22, 2002.� IT BEING �YOUTH IN GOVERNMENT DAY�, ACTING MAYOR MATTHEW MADEIRA PRESIDED.

ROLL CALL

Roll Call at 8:00 P.M. showed the following Council Members present:� Carmela Colosimo, Gregg David, Richard Falcetano, Kathi Fiamingo, Ed Galasso, and Robert Taylor.� Acting Mayor Matthew Madeira read the requirements of the Open Public Meetings Act.

The Salute to the Flag was led by Acting Mayor Madeira.

MINUTES

It was moved by Fiamingo, seconded by Colosimo and carried, that the minutes of the Work Session Meeting of May 7^th and the Regular Meeting of May 8, 2002 be dispensed with and that they be approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS

Letter from Karl & Margaret DelPiano, 666 Quinton Avenue, asking for the Mayor and Council�s help in getting Elizabethtown Water Company to remove a hazardous tree located on Water Company property on Quinton Avenue.
The American Legion and the Veterans of Foreign Wars will be having their annual Memorial Services on Monday, May 27^th at 11:00 A.M. at the VFW on So. 21^st Street.

REPORTS

Municipal Court Report for the month of April, 2002.

It was moved by Galasso, seconded by Fiamingo 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

Acting Mayor Matthew Madeira read the following report:

�� The Borough is currently making plans for its annual fireworks celebration on Sunday, June 30, 2002

�� with a rain date on Sunday, July 7, 2002.� The Kenilworth Volunteer Fire Department and Rescue

�� Squad will also be co-sponsoring this event with the Borough.� The Pride in Kenilworth Committee and

�� Kenilworth Historical Society are jointly sponsoring a 95^th Anniversary Ceremony on Thursday,

�� June 13, 2002 at the David Brearley H.S. cafeteria.� The program will begin at 7:00 P.M. and end at

�� 9:00 P.M.� The ceremony will include their presentation of local and state resolutions commemorating

�� the historical day, an awards program for the anniversary poster contest and the presentation of a

�� Key to the Borough�.� The Pride in Kenilworth Committee and Kenilworth Chamber of Commerce

��

REPORT OF COMMITTEES (CONT.)

MAYOR�S REPORT (CONT.)��

will once again sponsor the Octoberfest Street Fair on Sunday, October 20, 2002, with a rain date on Sunday, October 27, 2002.� The festival will feature rides, games, international foods, vendors, music and

�� other entertainment.� This will be the fifth consecutive year that the Borough has held this event.� Finally,

�� since Memorial Day is upon us, we must remember the brave men and women who served in the armed

�� forces.� This year�s Memorial Day has more significance due to the tragic events of September 11^th and

�� the current war against terrorism.� Kenilworth will honor its veterans during services at the Kenilworth

�� Veterans Center on Monday, May 27, 2002 at 11:00 A.M.�

DEPARTMENT OF FINANCE

Acting Councilperson Bruna Marques read the following report:

�� The State has not yet finalized its budget for this year.� As a result, we have not yet had a response to our

�� application for extraordinary aid.� When we receive a response we will be able to amend the budget to

�� include unanticipated expenditures and appropriations and adopt our municipal budget.� This may require

�� that we have a special meeting the first week of July in order to adopt the budget at our first regular

�� meeting in July.� We received bids to repair the cupola on the building which, unfortunately exceeded

�� what was expected.� Fortunately, however, the bid received for the leaf machine came in under budget and

�� it appears that the excess will be sufficient to cover the shortfall in the cupola budget.� The finance

�� committee will be meeting shortly to review the salary ordinance.

DEPARTMENT OF PUBLIC WORKS

Acting Councilperson Christopher Taylor read the following report:

�� The men have been working on picking up bags of vegetative waste, repairing street signs, tree

�� maintenance, sewer maintenance, blacktop (potholes), line striping, and cleaning and landscaping of��

Borough properties. The sewer jet machine has been repaired.� We are waiting for the new carburetor to be delivered and then it will be back in service.� The sweeper will be out of service for several weeks due to repairs.� We received bids for tree and arboreal maintenance services and for the leaf machine.� Both bids are to be awarded tonight.� There were no sewer call-outs for this period.� There were seven sick calls this period.

DEPARTMENT OF PUBLIC SAFETY

Acting Councilperson Veronica Maseda read the following report:

�� The first seat belt law in the world was in Victoria, Australia in 1970.� Researchers found 21 percent fewer

�� deaths in metropolitan areas & 10 percent in rural areas.� In 1980 seat belt laws were enacted here in the

�� United States.� By 1985, legislators in all 50 states had enacted a child restraint law.� Driving is a

�� privilege, not a right.� The constitutionality of occupant protection laws has been upheld.� Operation of a

�� motor vehicle and associated use of the highway system, whether related to the driver, vehicle or

�� environment is related to government control through a variety of means.� The Kenilworth Police

�� Department in conjunction with the Union County Traffic Engineer�s Office will coordinate a Child

�� Passenger Safety Program.� The goal of this program is to educate, and encourage children and parents

�� to wear their seat belts.

REPORT OF COMMITTEES (CONT.)

DEPARTMENT OF PLANNING, ZONING AND ORDINANCES

Acting Councilperson Daven Lopina read the following report:

I have the Zoning Enforcement Officer�s activity report for the month of April.� Activities are as follows:

�� 17 zoning complaints, 7 zoning approvals, 4 zoning denials, and 6 items of correspondence.� I also have

�� the Construction Official�s report for the month of April.� Receipts for April are as follows:� total building

�� fees, $10,275.; total trust fees, $319.; total smoke detector fees, $300; and total elevator fees, $199.; total

�� receipts, $11,093.� This month�s Planning Board Meeting will be this Thursday the 23^rd at 8:00 PM.� There

�� are 3 scheduled to be heard that night.� They are as follows:� Case #05-02, applicant R. Scorese, is for a

�� two family house in a one family zone on South Michigan Avenue; Case #07-02, applicant Consolidated

�� Clothing, Inc. is for the sale and export of vehicles on North Michigan Avenue, and Case #01-01,

�� applicant Paparotta Construction is for a 3 lot sub-division on North Michigan Avenue.

��

DEPARTMENT OF FIRE, RECREATION, LIGHTING AND ECOLOGY

Acting Councilperson Shannan Sherman was absent and Councilman Falcetano said he had no report.

DEPARTMENT OF HEALTH, EDUCATION AND WELFARE

Acting Councilperson Michael D�Antico read the following report:

�� I attended the monthly meeting of the Board of Health on May 16, 2002 and was provided with an update

�� on the grease trap surveillance, which I presented to the council at the public work session last night.� In

�� addition, I presented to the council a copy of correspondence from Dennis SanFilippo to the New Jersey

�� Department of Environmental Protection regarding the recent notice of violation.� The correspondence

�� stated, in part, that the grease trap surveillance was independently put in place after the State

�� Inspection and should remedy any problems with grease in the sewer lines.� In addition, the Board of

�� Health has further investigated a cigarette machine ban.� As of 10:50 AM on Tuesday, Mr. SanFilippo

�� and I have spoken to 4 of the 4 businesses that currently utilize cigarette vending machines and all four

�� are supportive of the ban.� The Board of Health has urged that the council consider an amendment of

�� the current ordinance on vending machines in the interests of public safety and health and to prevent

�� access to cigarettes by minors.� Also, I would like to inform the public that the annual Health Fair is

�� tentatively scheduled for Saturday, Sept. 14, 2002 at 9:00 A.M. on the grounds of Schering-Plough.�

�� The monthly Library Board Meeting was held on May 9, 2002.� I was unable to attend the meeting due to

business, however, I spoke to librarian Dale Spindel, who informed be of the� upcoming events at the Library at 10:00 AM in front of the Library.� A free T-shirt will be given to all donors, as well as a free cholesterol screening.� You should contact the Library for additional details.� Also, the Kenilworth Library Summer Reading Program is currently scheduled to� begin on Monday, July 1, 2002.� The first topic will be Marine Animals and Plants.� Sessions are planned for both older and younger children.� Again, it is asked that you contact the Library for additional details.�

REPORT OF COMMITTEES (CONT.)

REPORT OF BOROUGH ATTORNEY

Acting Borough Attorney Amanda Aguirre read the following report:

�� Currently we have two tax appeal cases scheduled for trial on June 10, 2002.� We also have a number of

�� tort claims cases against the Borough which are being defended by our insurance carrier.� There are two

�� other legal actions pending against the town.� One involves an automobile accident in which several

�� persons were injured.� The Borough and a former employee of the town have been named as defendants.

That case has been scheduled for a case management conference for tomorrow.� In the other case a Borough resident is suing the Planning Board challenging a recent decision denying certain relief the

resident was requesting.� I am currently working on two ordinances:� the first is an ordinance establishing

a procedure for obtaining a permit to conduct group activities in Borough owned parks and the second

is an ordinance prohibiting the use of cigarette vending machines in the Borough.� I hope to have

working drafts prepared and ready for council�s consideration within the next few weeks.

REPORT OF BOROUGH MAGISTRATE

Acting Borough Magistrate Ketan Patel read the following report:

�� I am pleased to report this evening that the Municipal Court and Violations Bureau is running smoothly.�

�� Summonses that are issued in our town can now be paid on line with a program that the State provided for

�� all of the towns.� Once again I would like to commend the ladies who work in this department as they

�� always do an outstanding job and make my job so easy.

REPORT OF POLICE CHIEF

Acting Police Chief Kevin Carpenter read the following report:

�� I am pleased to announce that Officer James Grady has been assigned as the Borough�s first School

�� Resource Officer.� Officer Grady started in his new position on Monday, May 6^th.� He has a

�� temporary office located on the first floor in David Brearley but will be given a permanent office

�� over the summer, which will be located within the main offices of Brearley.� Even though his office

�� is in the middle/high school, Officer Grady will be spending time in Harding and St. Theresa�s schools.

�� Officer Grady�s first few weeks have been extremely busy.� Already he has met with the entire

�� faculty of Brearley as well as students in groups at both Brearley and St. Theresa�s.� Officer Grady has been

�� received extremely well by the schools faculties and students.� We all wish him well in his new assignment.

REPORT OF FIRE CHIEF

Acting Fire Chief Frank Cotroneo read the following report:

�� During the month of April, 2002 the Fire Department responded to 45 fire calls as follows:�

�� 2 Smoke Conditions, 3 Mutual Aids to the City of Elizabeth, 11 Fire Alarms, 11 Downed Electrical Wires

�� 1 Mutual Aid to Roselle, 1 Mutual Aid to Hillside, 1 Electric Fire, 1 Department Drill, 3 Natural Gas

�� Leaks, 2 Police Dept. Assists, 2 Brush Fires, 1 Rubbish Fire, 3 Mutual Aids to Union, 1 Car Fire and

�� 2 Water Flow Alarms.� A total of 518 man hours and 214 miles were recorded.� During the month of April

the Rescue Squad responded to 60 ambulance calls: 43 were in Kenilworth, 3 were in Union, 1 in Roselle Park, 2 at Kean College and 1 to Newark.� The annual Kenilworth Fire Department Memorial Services will be held on Thursday, May 23, 2002 at 8:00 P.M.� The services will be held at the Kenilworth Veterans Center on South 21^st Street.

REPORT OF COMMITTEES (CONT.)

REPORT OF TREASURER

Acting Treasurer Michael Lynch read the following report:

�� The Borough is currently awaiting an announcement from the State of New Jersey Division of Local

�� Government Services regarding the disbursement of extraordinary aid dollars for those communities

�� who made application for these funds earlier this year.� Adoption of the final budget cannot take place

�� pending this announcement.� Due to this delay third quarter tax bills will be an estimate of the amount

�� due.� These will be mailed sometime late June and will be due August 1^st.� Final 2002 tax bills will be

�� sent prior to the November 1^st due date.

BILLS

Consolidated Bill List appears on the following pages.

CONSENT AGENDA

Resolutions No. 1 through No. 7 and No. 9 through No. 11 are listed under 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. Resolution No. 8 was removed from the Consent Agenda and voted on separately.

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

RESOLUTION NO. 1

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

RESOLUTION NO. 2

Resolution appears on the following page.� (Treasurer authorized to draw a warrant to refund

�� Tax Sale Certificate #01-002 - $9,039.00)

RESOLUTION NO. 3

Be It Hereby Resolved:�� Whereas, the following property was issued a plumbing permit, and fees were received by the Building Department;

�� Whereas, it has been found that he is entitled to a senior citizen reduced fee as per Borough Ordinance No. 99-5,

�� Now, Therefore, Be It Resolved� that the Treasurer be and is hereby

authorized to draw a warrant to refund the following amount to:

�� Amount of $21.00 refunded to:

�� David J. Curtin

�� 611 Jefferson Avenue

�� Kenilworth, NJ� 07033

CONSENT AGENDA (CONT.)

RESOLUTION NO. 4

Resolution appears on the following page.� (Granting Garden State Fireworks Company

�� permission to provide a fireworks display

�� on June 30, 2002 and authorizing the Mayor to

�� sign said contract - $4,000.00)

RESOLUTION NO. 5

Resolution appears on the following page.� (Awarding the bid for a �Trailer Mounted Vacuum

�� Type Leaf Collecting Machine� to Seely Equipment

�� & Supply Company - $25,788.00)

RESOLUTION NO. 6

Resolution appears on the following page.� (Awarding the bid for �Sanitary Sewer Pipe Bursting

�� and Improvements on Market Street to Marvec

�� Construction Co. � Total Cost $85,575.42)

RESOLUTION NO. 7

Resolution appears on the following page.� (Awarding the bid for �Tree and Arboreal

�� Services� to Astone Tree Service, Inc.)

RESOLUTION NO. 9

Be It Hereby Resolved:�� That the Mayor be authorized to sign the Municipal Waste

Disposal Agreement between the Union County Utilities Authority and the Borough of Kenilworth.

RESOLUTION NO. 10

Resolution appears on the following page.� (Youth in Government Day)

RESOLUTION NO. 11

Resolution appears on the following page.� (Proclaiming the month of June, 2002 as

�� Myasthenia Gravis Awareness Month)

RESOLUTIONS AND ORDINANCES

RESOLUTION NO. 8

Introduced by Colosimo who also moved its adoption.

Be It Hereby Resolved:�� That an additional Clean-Up for Bulky Waste be scheduled for the end of June, 2002 contingent upon availability of funds.

Seconded by Taylor and upon roll call the vote was as follows:� Colosimo, David, Galasso, Taylor, �YES�; Falcetano, Fiamingo, �NO�.

Proposed Ordinance No. 2002-10 was read for a first reading as follows:� (Copy attached)

�� ORDINANCE NO. 2002-10

ORDINANCE AMENDING CHAPTER 6 OF THE BOROUGH CODE

Borough Clerk Hedy Lipke explained that this pertains to the new Public Records Act authorizing the Custodian of Records to appoint a Deputy Custodian of Public Records for police department matters.

RESOLUTION NO. 12

Introduced by Fiamingo who also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2002-10, be and the same is hereby passed on first reading and ordered published for final hearing on June 26, 2002.

Seconded by Falcetano and on roll call unanimously carried.

GENERAL BUSINESS

Mayor Michael Tripodi announced that today is �Youth in Government Day� and said that the students were treated to a tour and lunch at Schering Plough.� He said that this is a long time tradition and the children did a wonderful job.� Mayor Tripodi thanked the children for their interest in local government and said maybe one day they would be here occupying a position.

At this time, Mayor Tripodi presented engraved gavels to all of the students.�

Councilwoman Fiamingo said that Bruna Marques did a wonderful job, as did all of the other students.� She said it was a fun evening and it was nice to see the children taking an interest in local government.

Councilwoman Colosimo said she thinks the whole council can agree that this is the night that they all look forward to and these young ladies and gentlemen are a great representation of what is good and right with the young people of Kenilworth.

GENERAL BUSINESS (CONT.)

Councilman Taylor said he was able to participate in the Youth in Government Day program

15 years ago and it left an impression on him, adding that he is very proud to be a part of� the program from the other side now.� He also thanked his representative, Michael D�Antico and said he did a great job, especially since he had a long report to read.� He wished Michael and the other students the best of luck in their futures.

Councilman Galasso said this is the one meeting he looks forward to each year and the students did a great job.� He thanked them for participating.

Councilman David said he participated in this program when he was younger and was very proud of the students who were here this evening, adding that they did a terrific job and congratulated them.� Councilman David said this is a great tradition and hope it continues for years to come.

Mayor Tripodi thanked the parents for coming out this evening to support their children.

MEETING OPEN TO THE PUBLIC

No one desired to be heard, Acting Mayor Matthew Madeira closed the meeting to the public.

ADJOURNMENT

There being no further business to come before the Council, it was moved by Acting Council Member Veronica Maseda, seconded by Acting Council Member Michael D�Antico that the

meeting be adjourned to the call of the chair.

8:30 P.M.

�� Respectfully submitted,

�� Hedy Lipke

�� Borough Clerk

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