Council Minutes from 11/13/2002

REGULAR MEETING OF THE MAYOR AND COUNCIL HELD ON WEDNESDAY EVENING, NOVEMBER 13, 2002.� MAYOR MICHAEL TRIPODI PRESIDED.

ROLL CALL

Roll Call at 8:00 P.M. showed the following Council Members present:� Gregg David, Richard Falcetano, Kathi Fiamingo, Ed Galasso, and Robert Taylor.� Councilwoman Carmela Colosimo was absent.

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 Galasso and carried, that the minutes of the Work Session Meeting of October 22^nd and the Regular Meeting of October 23, 2002 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

HEARING ON YEAR XXVIX COMMUNITY DEVELOPMENT GRANT APPLICATIONS

Borough Engineer Dr. Michael Disko explained that every year in November he applies for grants to the Division of Community Development.� He explained that he sits on the Public Improvements Committee and they get about one and a half million dollars a year to disperse among 19 towns.� He said Elizabeth and Union have their own community development.� He said that out of the approximately 350,000 people in these 19 towns, Kenilworth has about 7000 people which comes to about 1/50^th of the population.� Dr. Disko said last year we received in excess of $150,000 which comes to about 10% of the funding available for public improvements and feels Kenilworth has been very fortunate.� He said the deadline for applications is November 22^nd and the purpose of the hearing is to prioritize the possible applications so when we go before the committee they can hear what our priorities are.� He explained that attached to the memo which he handed out was a copy of a memo he wrote in October which included eligible streets which he felt were in poor condition.� He also explained that every street in the Borough is not eligible for Community Grant funding, as both sides of the street in question must have residents which fall into an income threshold, which varies periodically.� The following is his list of possible applications:��

1. Sanitary Sewer Improvements on the Boulevard (Approximately $60,000)� Dr. Disko explained that there are two sewer lines along the Boulevard which go from Michigan back about 6 or 7 blocks.� He said he would like to renovate those; clean, grout, TV and put in manhole inserts, eliminate roots and fix any cracked areas.� He explained that this project is like an annuity for the Borough because if we keep water from going out, we will reduce our rates and possibly have a rate reduction affect for the next 20 to 25 years.

HEARING ON YEAR XXVIX COMMUNITY DEVELOPMENT GRANT APPLICATIONS�� (CONT.)

2. North 24^th Street from Washington to Monroe (Approximately $95,000)- as he had applied for this last year and would like continuity for these requests.� Many residents from North 24^th have come and complained and have been promised by the governing body that this would be a priority.��

3. The third was left blank, as Dr. Disko was requesting suggestions or priorities from the governing body.�

Dr. Disko explained that it is not good to put in more than three applications, as it only causes a paper jam at the County.� Lastly, he has an application for the Social Services Committee from the Health Department for a Senior Citizens Chronic Illness program in the amount of $3,050.00

Dr. Disko said he would be glad to hear any suggestions or answer any questions.

Mayor Tripodi asked the Council if anyone had any questions or comments on the proposed application.� No one on the Council desired to be heard.

Mayor Tripodi opened the meeting to the public for any questions or comments on the Year XXVIX Community Development Grant Applications.

No one from the public desired to heard, Mayor Tripodi closed the meeting to the public and thanked Dr. Disko for coming out this evening.

It was moved by Galasso, seconded by David and carried, that the Borough of Kenilworth formally endorses Borough Engineer Mike Disko�s recommendations for the year XXVIX

Community Development Grant Applications and authorizes submission of the same.

COMMUNICATIONS AND PETITIONS

Copy of a letter from Mayor Tripodi to County Manager George Devanney regarding the

Borough�s� opposition to the reactivation of the rail line by the Morristown and Erie Railway and requesting that the County exercise its legal rights under the agreement and

deny M&E the right to reactivate the rail lines.

Letter from the Borough of Garwood and the Garwood Fire Department asking for an ad

to be placed in their �Anniversary Ad Book� which celebrates their 100^th Anniversary.

Letter from Judge Aldan Markson confirming that he has filed for retirement as of

January 1, 2003.

REPORTS

Police Department Report for the month of October, 2002.�
Construction Department Report for the month of October, 2002.
Borough Clerk�s Report for the month of October, 2002.

It was moved by Falcetano, 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

Mayor Tripodi announced there will be a Chamber of Commerce meeting tomorrow at the Enterprise Bank at 8:30 A.M. and he will also be meeting with the Downtown Business Team

for a tour of the business district which will be followed up with a report in support of the Smart� Growth Committee.� Mayor Tripodi said he will be meeting with Dr. Leschuk on the 18^th to discuss the TV studio at the High School.� Mayor Tripodi announced that the tree lighting ceremony has been scheduled for Saturday, December 7^th at 6:30 P.M., however, there are various other activities planned throughout the day.� At this time, Mayor Tripodi wished everybody a happy and safe Thanksgiving.

DEPARTMENT OF FINANCE

Councilwoman Fiamingo announced that tonight we will be having the second reading of the salary ordinance which is scheduled for adoption this evening.� She said we also have a first reading for an ordinance relative to the DPW employees and also the salary resolution for the non-union Borough employees other than DPW.�

DEPARTMENT OF PUBLIC WORKS

In Councilwoman Colosimo�s absence, Mayor Tripodi reported that the leaf machines are out on the road to begin leaf pick up for this season.

DEPARTMENT OF PUBLIC SAFETY

Councilman Galasso read the following highlights from the Chief�s report for the month of October:� Det. Zimmerman attended High Tech Computer training; Lt. Dopf and Det. Dowd

attended a school for Counter Terrorism; Sgt. Hannon attended UCERT Squad training; Capt. Phillips and Sgt. David attended a School Violence seminar; Ptl. Bryson and Ptl. Grady attended 911 Certification classes; Capt. Phillips, Sgt. David and Det. Zimmerman attended a Managing Critical Incidents seminar; Ptl. Cox and Ptl. Giacalone attended classes on Warrant Execution;

Off.�s� Obiedzinski, Lueddeke, and Smith attended a class on Prisoner Transportation; Off. Mike

Devlin attended a class on Gang Awareness; Lt. O�Malley and Sgt. Grady attended a Terminal Agency Coordinator class; and Sgt. Hannon attended a Hostage Negotiation refresher course. Councilman Galasso also reported that on October 8^th the members of the Detective Bureau under the supervision of Det./Lt. Dopf presented a robbery seminar for the employees of the new Enterprise Bank.� On October 17^th, Det. Zimmerman and school resource Officer James Grady presented a drug awareness program to students of Harding School, St. Theresa�s and Brearley Middle School which include the landing of a National Guard helicopter at Brearley.� He said the Chief reported that Det. Zimmerman, Det./Lt. Dopf and himself participated in the Red Ribbon Relay on the 19^th.� School resource Officer Grady, in partnership with the UC Prosecutors Office presented a series of classes at the HS entitled �Police & Teens Together�.� Councilman Galasso was also proud to report that Chief Dowd attended a Black Tie Dinner at the Governor�s mansion in honor of DARE NJ.� He then read the following into the minutes:

REPORT OF COMMITTEES (CONT.)

DEPARTMENT OF PUBLIC SAFETY (CONT.)

Dear Chief Dowd:

On October 4^th my husband and I experienced our first incident ever in our home with our 17^th month old daughter Amanda.� Her hand was caught and burned in my treadmill while it was running.� Patrolman Fred Soos was the responding officer who was absolutely wonderful with her.� He spoke with her calmly and held her to make her relax.� She responded immediately, calmed down and felt very comfortable with him.� My husband and I would

would like to bring to your attention that Ptl. Fred Soos handled himself in an extreme caring and professional

manner.� His kind and gentle attitude towards my family helped us all deal with the situation much better.� It is great to know that the Kenilworth Police Department has such caring officers that take pride in our community.

Sincerely,

Kelly L. Griffen

Councilman Galasso also reported that the security enhancement construction in underway in the Police Department and invited the Council to see it after the meeting.

DEPARTMENT OF PLANNING, ZONING AND ORDINANCES

Councilman David announced that he was in receipt of the Construction Official�s report for the month of October and reported the following:� total receipts were $6,820. which included

building fees - $6,163., trust fees - $232., smoke detector fees - $200., and elevator fees -� $225.

He also read the following from the Zoning Officer�s report for the month of October: 20 complaints, 6 approvals, 0 denials, and 3 pieces of correspondence.�

DEPARTMENT OF FIRE, RECREATION, LIGHTING AND ECOLOGY

Councilman Falcetano said he had nothing to report.

DEPARTMENT OF HEALTH, EDUCATION AND WELFARE

Councilman Taylor said he attended the Local Assistance Board on November 6^th and reported the Borough currently has 3 clients.� He also reported that the Salvation Army kettle will be located at the A&P in the upcoming weeks and thanked the volunteers, many of which are Senior Citizens for manning the kettles.� Councilman Taylor said he also attended the Board of Health meeting on the 7^th and informed the Council that they recently passed the salary ordinance for their employees.

BILLS

Consolidated Bill List appears on the following pages.

CONSENT AGENDA

Resolutions No. 1 through 15 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 Galasso.� Upon roll call the vote was unanimous.

RESOLUTION NO. 1

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

RESOLUTION NO. 2

Be It Hereby Resolved:�� That the Chief Finance Officer be authorized to make payments for necessary obligations prior to the next regularly scheduled Council Meeting on December 11, 2002.

RESOLUTION NO. 3

Resolution appears on the following page.� (Advance to Police Chief William Dowd to attend the

�� NJ League of Municipalities Conference)

RESOLUTION NO. 4

Resolution appears on the following page.� (Treasurer authorized to refund an overpayment of

�� 2002 Fourth Quarter Taxes for the property at

�� 762 Vernon Avenue - $762.34)

RESOLUTION NO. 5

Resolution appears on the following page.� (Treasurer authorized to refund an overpayment of

�� 2002 Fourth Quarter Taxes for the property at

�� 18 No. 14^th Street- $978.77)

RESOLUTION NO. 6

Resolution appears on the following page.� (Treasurer authorized to refund Tax Sale Certificate

�� #02-002 - $5,455.98)

RESOLUTION NO. 7

Resolution appears on the following page.� (Treasurer authorized to refund 2002 Real Estate

�� Taxes due to the granting of Senior Citizen and

�� Widow of Veteran Deductions)

CONSENT AGENDA (CONT.)

RESOLUTION NO. 8

Resolution appears on the following page.� (Transfers)

RESOLUTION NO. 9

Resolution appears on the following page.� (Authorizing All National Flags & Banner

�� Company to supply and install street

�� decorations for the 2002 Holiday Season -

�� $8,850.00)

RESOLUTION NO. 10

�

Be It Hereby Resolved:�� That the attached list of the Kenilworth Volunteer Fire Department/Rescue Squad be granted an expense allowance in accordance with the report submitted by the Fire Chief, Lewis Giordino, in the aggregate amount of $54,380.00.� Employees maked with an asterisk will be paid through payroll.

RESOLUTION NO. 11

Be It Hereby Resolved:�� That the attached salary increases for non-union Borough employees for the year 2002 be hereby approved.

RESOLUTION NO. 12

Resolution appears on the following page.� (Awarding bid for �Resurfacing of Sheridan Avenue�

�� to Jenicar Builders Contractors - $127,728.10)

RESOLUTION NO. 13

Resolution appears on the following page.� (Awarding bid for �Collection & Marketing of

�� Recyclables� to Great Northern Recycling for a

�� 3 year contract - $184,103.70)

RESOLUTION NO. 14

Be It Hereby Resolved:�� That the contracts between the Borough of Kenilworth and Local 135 P.B.A. and Superior Officers for the period January 1, 2002 through December 31, 2004 be ratified and that the Mayor be authorized to sign said contracts.

CONSENT AGENDA (CONT.)

RESOLUTION NO. 15

Be It Hereby Resolved:�� That Schering Plough Corporation, 1011 Morris Avenue, Union, New Jersey, having submitted a bid of $30,100.00, be authorized to purchase the following Borough of Kenilworth vehicle:

�� 1987 GMC Fire Engine Pumper Truck

�� Vin #1GDM7DiGOHV533458

Be It Further Resolved that payment is to be made by certified check.�

RESOLUTIONS AND ORDINANCES

Proposed Ordinance No. 2002-16 was read for a second reading as follows:� (Copy appears in

�� the minutes of October 9,� 2002)

�� ORDINANCE NO.� 2002-16

ORDINANCE AMENDING CHAPTER 190 SECTION 39 OF THE CODE OF THE BOROUGH OF KENILWORTH � Trucks Over 7,800 Excluded

Mayor Tripodi explained that this is in regards to the parking of trucks over 7,800 lbs.

and this change was necessitated by a recent court decision and recommended by our police department.

Mayor Tripodi opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2002-16.

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

RESOLUTION NO. 16

Introduced by Galasso who also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2002-16, be and the same is hereby passed on second and final reading and ordered published according to law.

Seconded by Taylor and on roll call unanimously carried.

Proposed Ordinance No. 2002-17 was read for a second reading as follows:� (Copy appears in

�� the minutes of October 9, 2002)

�� ORDINANCE NO. 2002-17

ORDINANCE AMENDING CHAPTER 190 SECTION 34 OF THE CODE OF THE BOROUGH OF KENILWORTH � No Parking Certain Hours

RESOLUTIONS AND ORDINANCES (CONT.)

PROPOSED ORDINANCE NO. 2002-17 (CONT.)

Mayor Tripodi explained that this is an amendment to our schedule of no parking on certain streets during certain hours and adds Coolidge Drive between the Boulevard and Lincoln Drive

which was a request by residents on National Night Out, allowing space for the children to walk.� Also added are North 10^th and North 11^th Streets between Monroe and Sheridan Avenue and this will allow for alternate days of parking so that the street sweeper will be able to pass.�

Mayor Tripodi opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2002-17.

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

RESOLUTION NO. 17

Introduced by Galasso who also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2002-17, be and the same is hereby passed on second and final reading and ordered published according to law.

Seconded by Taylor and on roll call unanimously carried.

Proposed Ordinance No. 2002-18 was read for a second reading as follows:� (Copy appears in

�� minutes of October 9, 2002)

�� ORDINANCE NO. 2002-18

AN ORDINANCE AMENDING ORDINANCE NO. 2001-18 PROVIDING FOR COMPENSATION FOR BOROUGH EMPLOYEES OF THE BOROUGH OF KENILWORTH

Mayor Tripodi explained that this is the salary ordinance which provides ranges for all of the employees.

Mayor Tripodi opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2002-18.

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

RESOLUTION NO. 18

Introduced by Fiamingo who also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2002-18, 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.

RESOLUTIONS AND ORDINANCES (CONT.)

Proposed Ordinance No. 2002-19 was read for a first reading as follows:� (copy attached)

�� ORDINANCE NO. 2002-19

AN ORDINANCE PROVIDING FOR COMPENSATION FOR EMPLOYEES OF THE DEPARTMENT OF PUBLIC WORKS OF THE BOROUGH OF KENILWORTH

Mayor Tripodi explained that the DPW employees are in transition with their collective bargining unit and this sets forth the salaries.

RESOLUTION NO. 19

Introduced by Fiamingo who also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2002-19, be and the same is hereby passed on firs reading and ordered published for final hearing on December 11, 2002.

Seconded by David and on roll call unanimously carried.

GENERAL BUSINESS

Mayor Tripodi noted the letter to the County Manager under the Communications and Petitions

regarding the railroad and said he spoke to the County Manager today and should be receiving a response within a week.� He announced that he will be hosting a meeting in Borough Hall on Saturday, November 23^rd at 10:00 am and said he hopes to have the response by then and they will address any issues at that point.� He also congratulated Councilman Galasso and Councilman-elect Alan Jankunas on their recent election victories.

Councilman David congratulated Al Jankunas and Ed Galasso on their victories adding that he had worked with Ed for a number of years and is looking forward to working with him for more.

MEETING OPEN TO THE PUBLIC

Mike Kosser, North 17^th Street, said in December of 1999 the residents of North 17^th Street came to a council meeting and presented a petition for the repaving of the street and belgium block curbing.� He asked what the status was?

Mayor Tripodi explained that earlier in the evening they discussed Community Development applications based on formulas from HUD and North 17^th does not qualify.� Mayor Tripodi said the street was put on the paving list, which is given to Borough Engineer Mike Disko.� Then the Council has to review the list and decide which streets will be paved.� He said he would try to get a copy of the Engineer�s last list so we can see where North 17^th Street falls on the list.

Mr. Kosser asked Mayor Tripodi what the next step should be or is any other action needed by the residents to keep the request alive?

MEETING OPEN TO THE PUBLIC (CONT.)

Mayor Tripodi suggested to Mr. Kosser that he submit correspondence as a follow-up.

Mr. Kosser thanked the Council for the opportunity to raise this issue.

Carroll Miller, North 17^th Street, noted that in front of his house on North 17^th�and his neighbor�s house, there is a large pool of water after it rains.� He said that he complained to the Department of Public Works but was told there is only so much they can do without any curbing.� He said it was like a swimming pool and in the winter it turns to a sheet of ice.

Mayor Tripodi wrote Mr. Miller�s address down and said he would see what the engineer suggests.� He said it was possible that when the capital appropriations were done, they can

possibly put a detention basin in.

ADJOURNMENT

There being no further business to come before the Council, it was moved by David, seconded by Galasso and carried, 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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