Council Minutes from 2/12/2003

REGULAR MEETING OF THE MAYOR AND COUNCIL HELD ON WEDNESDAY EVENING, FEBRUARY 12, 2003.� MAYOR MICHAEL TRIPODI PRESIDED.

ROLL CALL

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

Kathi Fiamingo, Alan Jankunas, and Robert Taylor.� Councilmen Gregg David and Ed Galasso were absent.

The Salute to the Flag was led by Mayor Tripodi.

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

MINUTES

It was moved by Jankunas, seconded by Colosimo and carried, that the minutes of the Regular Council Meeting of January 8^th, the Work Session Meeting of January 21^st, and the Regular Council Meeting of January 22, 2003 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS

Notice of Claim received regarding Olivia Valentin-Davis alleging injuries suffered getting out of her car.� Incident occurred on private property.� Above was sent to our insurance company who denied the claim.
Notice of Hearing to Property Owners received regarding an application for a variance to retain a garage at existing height of 18 feet at 229 North 13^th Street.
Letter from Comcast advising of changes in pricing for various services.
Letter from Umberto, Umberto�s Restaurant, expressing concern about the parking situation at the North 21^st Street Municipal Lot.

REPORTS

Municipal Court Report for the month of December, 2002.
Police Department Report for the month of January, 2003.
Construction Department Report for the month of January, 2003.
Borough Clerk�s Report for the month of January, 2003.

It was moved by Colosimo, 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 that there will be a local Chamber of Commerce meeting tomorrow morning at the Kenilworth Inn.� He said he has been working with the David Brearley High School� in regards to the first stages of our cable television station, Channel 36.� Mayor Tripodi said that after speaking with Dr. Leshuck, he hopes the bulletin board will be set to go by

March 1^st�and he will be presenting the policies and procedures to the Council next week.� He also reported that last Saturday he had a �Stop the Train� meeting and he has asked the Borough Clerk to set up a meeting with the County Manager with the affected Mayors so they may discuss the matter further.� Mayor Tripodi explained that if the meeting is unsuccessful,

they will proceed with litigation.� He also announced that he will be proclaiming March 3, 2003 as �Read Across America Day� and the Borough is proud to be sponsoring it.� He concluded by saying that the Smart Growth Plan will be presented to Council by the first meeting in March and he is looking forward to that and working with the Gateway Institute.

DEPARTMENT OF FINANCE

Councilwoman Fiamingo referred to a couple of items on the agenda, one being the first reading of a revision to our disciplinary ordinance and a first reading to change fees for some permits within the Borough.� She announced that an initial review of the budget has been done and they will be speaking to the Department Heads at the next Work Session meeting, with hopes of presenting the budget to the public in March.� Councilwoman Fiamingo also noted the resolution on the Consent Agenda which will permit employees to chose among various benefits for disability at their own expense.

DEPARTMENT OF PUBLIC WORKS

Councilman Jankunas announced that the department has reported 11 snow and ice events in the Borough since December and for each event they used between 50 and 70 tons of rock salt.� He reported that the� school, the police department and the fire department get done first, then the secondary roads leading to those facilities and then eventually the side streets.� Councilman Jankunas commended the guys for doing a tremendous job.� He added that everything is running very smooth.

REPORT OF COMMITTEES (CONT.)

DEPARTMENT OF FIRE, RECREATION, LIGHTING AND ECOLOGY

Councilwoman Colosimo said she will be attending the Recreation Meeting tomorrow. She read the following from Chief Giordino�s report for the month of January:� they responded to 34 fire calls; responded to 1 mutual aid to Elizabeth;� and responded to 77 ambulance calls.� She announced that 4 new fire fighters, Walter Gutzan, Jonathan Lipke, James O�Brian, and Travis David have begun their basic training at the Union County Fire Academy.� Councilwoman Colosimo also announced that Fire Fighter Brian Soos has been accepted to the Union County Arson Squad.� She said that Chief Giordino attended the Work Session Meeting and showed the Council the revised plans for the firehouse renovation which hopefully will begin in the summer.

DEPARTMENT OF HEALTH, EDUCATION AND WELFARE

Councilman Taylor said he had nothing to report.

BILLS

Consolidated Bill List appears on the following pages.

CONSENT AGENDA

Resolutions Numbers 1 through 14 are listed under Consent Agenda attached and will be enacted by one motion in the form listed below.� All items will be recorded individually in full in the minutes.

Council Member Jankunas moved that all items under Consent Agenda be approved, seconded by Colosimo and upon roll call unanimously carried.

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:� Whereas,� it has been found that an overpayment of 2003 1^st Qtr taxes have been made on property located at 673 Quinton Avenue;

�� Now, Therefore, Be It Hereby Resolved� that the Treasurer after proper

notation on the tax account record by the Collector of Taxes be and is hereby authorized to issue a warrant for refund of said overpayment as stated below.

�� BLOCK�� LOT�� PROPERTY LOCATION�� AMOUNT

�� 136�� 14�� 673 Quinton Avenue�� $946.65

CHECK PAYABLE TO:� LARRY & LISA GIAMELLA

MAIL CHECK TO:� Carol M. Hyman, Real Estate Paralegal Services

�� 20 Sandalwood Drive, Edison, NJ

CONSENT AGENDA (CONT.)

RESOLUTION NO. 3

Be It Hereby Resolved:� That the Treasurer be and is hereby authorized to draw warrants to the order show opposite their respective names, this being the amount of refund of 2002 Taxes due to the granting of a veteran deduction for the tax year 2002.

�� VETERAN

�� NAME�� BLK�� LOT�� ADDRESS�� AMT

�� D. Davis�� 118�� 22�� 21 So. 24^th Street�� $200.00

RESOLUTION NO. 4

Be It Hereby Resolved:� WHEREAS,� the Governing Body of the Borough of Kenilworth desires to do an update of the Borough tax maps, and

�� WHEREAS,� there exists in the account �Reserve for Flow Metering Test� the amount of $24,000 which are no longer required.

�� NOW, THEREFORE, BE IT RESOLVED� that the� above funds be reappropriated to the existing �Reserve for Tax Map� appropriation.

RESOLUTION NO. 5

Resolution appears on the following page.� (Budget Appropriation Transfers)

RESOLUTION NO. 6

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

�� #02-003 -� $4,969.08)

RESOLUTION NO. 7

Be It Hereby Resolved:� That the Mayor�s appointment of ED KEYASKO as a School Crossing Guard, effective as of January 24, 2003, be and the same is hereby resolved.

RESOLUTION NO. 8

Be It Hereby Resolved:� That the Borough Clerk be authorized to issue the following Raffle Licenses for the annual Fireman�s Carnival:

�� #772 -� To St. Theresa�s Church for an Off-Premise 50/50 to be held on Aug. 23, 2003

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

�� August 18, 19, 20, 21, 22, and 23, 2003

�� #774 -� To St. Theresa�s Church for Amusement Games to be held on

�� August 18, 19, 20, 21, 22, and 23, 2003

CONSENT AGENDA (CONT.)

RESOLUTION NO. 9

Be It Hereby Resolved:� That the Governing Body hereby waives all Construction Department

fees for the Firehouse Renovation project.

RESOLUTION NO. 10

Resolution appears on the following page.� (Authorizing AFLAC to offer Borough employees

�� enrollment in a Cancer Care Program, Long Term

�� Care Program, and Disability Program)

RESOLUTION NO. 11

Be It Hereby Resolved:� That the Mayor�s appointment of Joanne Dillon and Carol Westervelt, Alternate, as Kenilworth�s representatives on the Union County Transportation Advisory Board, be and the same is hereby confirmed.

RESOLUTION NO. 12

Resolution appears on the following page.� (Approving the Person-to-Person and Place-to-Place

�� Liquor License Transfer of Plenary Retail

�� Distribution License #2008-44-012-002 from

�� Diamandas Steliano�s, t/a S&P Liquors at

�� 612 Boulevard to PA & SA, Inc., t/a Parkway

�� Liquors located at 870 Boulevard)

RESOLUTION NO. 13

Resolution appears on the following page.� (Approving the Person-to-Person Liquor License

� ��Transfer from M.M.G. Corporation, t/a Melody�s

�� Bar and Grill, located at 303 S. Michigan Avenue

�� to The Michigan Pub of Kenilworth, Inc., t/a The

�� Michigan Pub with a restriction that live

�� entertainment is prohibited)

RESOLUTION NO. 14

Resolution appears on the following page.� (Proclaiming March 3, 2003 as �Reading Across

�� America Day�)

RESOLUTIONS AND ORDINANCES

Proposed Ordinance No. 2003-01 was read for a first reading as follows:� (Copy attached)

�� 2003-01

ORDINANCE AMENDING CHAPTER 190-25.3 OF THE CODE OF THE BOROUGH OF KENILWORTH � PERMIT PARKING

Mayor Tripodi explained that this will allow for permit parking along Washington Avenue between North 19^th and North 20^th Streets to accommodate the response for official business for our Fire and Rescue Squad members. He said the permit process will be done through the Fire

Chief�s office.

RESOLUTION NO. 15

Introduced by Fiamingo who also moved its adoption.

Be It Hereby Resolved:� That Proposed Ordinance No. 2003-01, be and the same is hereby passed on first reading and ordered published for final hearing on March 12, 2003.

Seconded by Jankunas and on roll call unanimously carried.

Proposed Ordinance No. 2003-02 was read for a first reading as follows:� (Copy attached)

�� 2003-02

ORDINANCE AMENDING CHAPTER 37, SECTIONS 32 AND 33 OF THE CODE OF THE BOROUGH OF KENILWORTH � PERSONNEL POLICIES

Mayor Tripodi explained that this pertains to the personnel policies and specifically procedures for disciplinary actions and the appeal process.�

RESOLUTION NO. 16

Introduced by Fiamingo who also moved its adoption.

Be It Hereby Resolved:� That Proposed Ordinance No. 2003-02, be and the same is hereby passed on first reading and ordered published for final hearing on March 12, 2003.

Seconded by Jankunas and on roll call unanimously carried.

Proposed Ordinance No. 2003-03 was read for a first reading as follows:� (Copy attached)

�� 2003-03

AN ORDINANCE AMENDING CHAPTER 91, ARTICLE I OF THE CODE OF THE BOROUGH OF KENILWORTH � FEES AND LICENSES

Mayor Tripodi explained that our Clerk, Hedy Lipke, diligently examined the fees in our Code Book and recommended adjustments and the elimination of some outdated fees which no longer are needed.

RESOLUTIONS AND ORDINANCES (CONT.)

RESOLUTION NO. 17

Introduced by Fiamingo who also moved its adoption.

Be It Hereby Resolved:� That Proposed Ordinance No. 2003-03, be and the same is hereby passed on first reading and ordered published for final hearing on March 12, 2003.

Seconded by Jankunas and on roll call unanimously carried.

GENERAL BUSINESS

None

MEETING OPEN TO THE PUBLIC

Joanne Dillon, Faitoute Avenue, said that she and Carol Westervelt attended their first Transportation Advisory Board meeting last week and have compiled minutes which she said she will distribute to the Mayor and Council.� Mrs. Dillon said that these people are very �pro-railroad� and it was made quite clear to them by the chairman that they are in favor of the revitalization of the railroad.� She said that he also said to them that he wondered why they were unaware of this movement, as this has been an on-going thing for about 10 years.� She said he also said that had Kenilworth sent a representative to these meetings, we would have been aware of what has been going on.� Mrs. Dillon said she told him that Kenilworth was not the only town that was not aware of what was going on.� Mrs. Dillon said she just wanted to make sure that the Governing Body was aware of this and were getting the minutes.� She said they were asked by the Advisory Board to review a resolution about alleviating the traffic on Route 22 by either making a bridge or expanding the lanes on the westbound side.� She said the resolution states that Route 22 is the busiest highway in Union County and when she asked them why they would want to put a railway across it, they could not answer the question.

Mayor Tripodi thanked Joanne for this information and thanked her and Carol for volunteering their time to represent Kenilworth.

ADJOURNMENT

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

8:20 P.M.��

Respectfully submitted,

�� Hedy Lipke, Borough Clerk

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