Council Minutes from 3/26/2003

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, MARCH 26, 2003.� MAYOR MICHAEL TRIPODI PRESIDED.

ROLL CALL

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

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

The Salute to the Flag was led by Mayor Tripodi.

MOMENT OF SILENCE

Mayor Tripodi deviated from the agenda and requested a moment of silence in support of our armed services who are serving our country on behalf of Operation Iraqi Freedom, their families and American prisoners of war.� A moment of silence was observed.

MINUTES

It was moved by Fiamingo, seconded by Jankunas and carried, that the minutes of the Work Session Meeting of March 11^th, the Regular Meeting of March 12^th, and the Special Work Session Meeting of March 22, 2003 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS

Letter from Associated Humane Societies commenting on the State Commission on Investigation Report on their facilities and enclosing a report addressing the investigative report.
Letter from Hugo Moras, Knights of Columbus, asking permission to hang a banner across the Boulevard to advertise the 2004 Indoor Boardwalk event to be held on February 6, 7, & 8, 2004.
There will be a joint meeting of the Governing Body and the Kenilworth Board of Education on Monday, April 7, 2003 at 6:30 P.M. at Brearley.

REPORTS

Rahway Valley Sewerage Authority Meeting Minutes of February 20, 2003.

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

Mayor Tripodi said he would like to emphasize our support for our troops, noting Resolution

No. 8 and said we have residents who are serving in Iraq and our thoughts and prayers go out to

them and their families.� He also said the flags will be going up this week and they will stay up indefinitely, weather permitting.� Mayor Tripodi announced that on April 4^th there will be a dinner honoring the retirement� from coaching of Robert Taylor Sr. and Carl Peterson, noting Resolution No. 5 authored by Councilman Taylor.� Mayor Tripodi reported that the Kenilworth station, TV36 is underway and so far, some school information is posted.� He said Leonard Tripodi� and Lloyd Leschuk will be meeting on behalf of the Cable Access Committee and Borough information should begin shortly.� The Committee, served also by Gerald Laudati and Mayor Tripodi will be adopting a policy soon.�

DEPARTMENT OF FINANCE

Councilwoman Fiamingo reported that a special Council meeting was held on Saturday morning to discuss budget items and it was very productive.� She said they will be introducing the budget on April 9^th, however, they are anticipating some amendments to the capital portion.

DEPARTMENT OF PUBLIC WORKS

Councilman Jankunas reported that the bulky waste pickup was conducted last week and was very successful.� He also reported that garbage truck #23 is out for repairs and should be back in service next week. Councilman Jankunas also announced that the department is out repairing potholes on an on-going basis.

DEPARTMENT OF PUBLIC SAFETY

Councilman Galasso reported �progress�.

DEPARTMENT OF FIRE, RECREATION, LIGHTING AND ECOLOGY

Councilwoman Colosimo announced that the annual Easter Egg Hunt will be held on April 12^th at Black Brook Park beginning at 10:00 am, with a rain date of April 19^th.

DEPARTMENT OF PLANNING, ZONING AND ORDINANCES

Councilman David said he had nothing to report at this time.

DEPARTMENT OF HEALTH, EDUCATION AND WELFARE

Councilman Taylor reported �progress�, however, he noted he attended a Local Assistance Board meeting last Wednesday and announced that Paulette Drogon has completed her schooling and is now certified in geriatrics.� He congratulated her on this accomplishment.

BILLS

Consolidated Bill List appears on the following pages.

CONSENT AGENDA

Resolutions No. 1 through 8 are listed on 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.

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

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

�� #02-004 for property at 630 Passaic Avenue �

�� $9,692.21)

RESOLUTION NO. 3

Resolution appears on the following page.� (Temporary Budget Amendment)

RESOLUTION NO. 4

Be It Hereby Resolved:� WHEREAS, the New Jersey Department of Transportation is accepting applications for State Aid to Municipalities under the New Jersey Transportation Trust Authority

Act; and

�� WHEREAS,� the Borough of Kenilworth desires to apply for State Aid under this program; and

�� NOW, THEREFORE, BE IT RESOLVED� that the Kenilworth Borough Engineer be authorized to prepare an application for State Aid for a �Streetscape Project� and that the Mayor and Borough Clerk be authorized to sign the application.

RESOLUTION NO. 5

Resolution appears on the following page.� (Resolution commending Robert Taylor and Carl

�� Peterson as they retire from high school coaching)

RESOLUTION NO. 6

Resolution appears on the following page.� (Resolution supporting reduced or special rates for

�� Senior Citizen subscribers to Comcast Cablevision)

CONSENT AGENDA (CONT.)

RESOLUTION NO. 7

Be It Hereby Resolved:�� That the Governing Body ratify the Agreement with Police Chief

William Dowd for the Year 2003 and that the Mayor and Borough Clerk be authorized to sign said contract.

RESOLUTION NO. 8

Resolution appears on the following page.� (Resolution supporting President Bush and the men

�� and women of the United States Army, Navy, Air

�� Force, Marines and Coast Guard during Operation

�� Iraqi Freedom)

RESOLUTIONS AND ORDINANCES

RESOLUTION NO. 9

Introduced by Galasso who also moved its adoption.

Resolution appears on the following page.� (Liquor License Transfer of Roum, Inc. t/a Apples

�� Lounge to Ross Brothers II, LLC t/a Ross Brothers

�� Bar & Liquors for premises at 104 North 10^th Street

�� with Special Conditions attached)

Seconded by Jankunas and on roll call the vote was as follows:� Colosimo, David, Fiamingo, Galasso, Jankunas, �YES�; Taylor, �ABSTAIN�.�

Councilman Taylor explained his abstention vote by saying that he has a blood relative who is a principal in this resolution.

Proposed Ordinance No. 2003-04 was read for a second reading as follows:� (Copy appears in

�� minutes of February 26, 2003)

�� ORDINANCE NO. 2003-04

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 $400,000. THEREFOR AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $285,000. IN AGGREGATE PRINCIPAL AMOUNT OF BONDS OR NOTES TO FINANCE PART OF THE COST THEREOF.

Mayor Tripodi explained that there are some priority projects which need to be fast-tracked such as the replacement of the sewer line from No. 14^th to No. 12^th Streets;� replacement of air conditioning and boiler at the Municipal Bldg.; streetscape improvements and repair of the Library ramp.

RESOLUTIONS AND ORDINANCES (CONT.)

PROPOSED ORDINANCE NO. 2003-04 (CONT.)

Mayor Tripod opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2003-04.

Livio Mancino, North 24^th Street, said the way he is reading this ordinance, it appears to him that� the Boulevard between 21^st and 22^nd Street will be done and asked if that will be done with Borough money or a grant?

Mayor Tripodi said this would be done with another grant from the Department of Transportation as Phase II.

Mr. Mancino asked why the DOT would give money for this if it means doing the easements and not the streets? He also asked how much the DOT is giving?

Mayor Tripodi explained that this fits under the criteria for improved projects and the amount is

$100,000.

Mr. Mancino asked why this was co-mingled on the ordinance with the other projects?

Mayor Tripodi explained that it was a small matching commitment, however, he was not sure what the amount is.

Councilwoman Fiamingo explained that every time you do a bond ordinance it costs money and the more you can get on each ordinance, the better off you are.� She said there was no reason to

not to co-mingle them and asked Mr. Mancino what the reasoning behind that was.

Mr. Mancino said it was because you will be able to tell which funds were coming out of tax payer�s money and which were not.

Councilwoman Fiamingo said she knows which are and which are not and by co-mingling them it saves the Borough money and they are always looking to save money, no matter how minimal.

�

Mr. Mancino asked if someone would get back to him regarding the amount that the town had to commit to.

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

RESOLUTIONS AND ORDINANCES (CONT.)

RESOLUTION NO.� 10

Introduced by Fiamingo who also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2003-04 be and the same is hereby passed on second and final reading and ordered published according to law.

Seconded by Jankunas and on roll call unanimously carried.

Proposed Ordinance No. 2003-05 was read for a first reading as follows:� (copy attached)

�� 2003-05

ORDINANCE AMENDING CHAPTER 91.1, ARTICLE I, OF THE CODE OF THE BOROUGH OF KENILWORTH ADDING A NEW SECTION 198 � FEES

Mayor Tripodi explained that this is an amendment to the fee ordinance with regard to the pick up and disposal of white goods.

RESOLUTION NO. 11

Introduced by Fiamingo who also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2003-05, be and the same is hereby passed on first reading and ordered published for final hearing on April 23, 2003.

Seconded by Jankunas and on roll call unanimously carried.

GENERAL BUSINESS

Councilman Taylor said that on behalf of his family and the Peterson family he would like to thank the Governing Body for Resolution No. 5.

Councilwoman Colosimo said that Bob�s dad did a lot for our community and it is appreciated.

She said the Little League will be using our fields for the season to play and asked if we should get a certificate of insurance from them.

Borough Clerk Hedy Lipke said that we have not gotten any in the past, however, we probably should.

Councilman Jankunas said that they are under Williamsport and they should be able to get a certificate through them.

Borough Attorney Harvey Fruchter said the Borough of Kenilworth should be named as the insured.

MEETING OPEN TO THE PUBLIC

Livio Mancino said the Borough should be named as the �additional insured� not as the named insured.� Mr. Mancino asked who recommended that the Library ramp be repaired?

Mayor Tripodi said a report by the Borough Engineer was issued last year.

Mr. Mancino asked if he recently re-inspected the ramp?

Mayor Tripodi said that bids were taken last June.

Mr. Mancino asked if the insurance company was asked to inspect it?

Mayor Tripodi explained that it was a structural issue and it needs to be fixed.

Mr. Mancino suggested that the insurance company be requested to inspect and see if it agrees with the Engineer�s report.� He then asked Mayor Tripodi when he could expect to see the Council Meetings on Channel 36?

Mayor Tripodi explained that we are still in �Phase I�.

Mr. Mancino said the bulky waste pickup was done better this year than in years before and asked why it took two days to do?

Councilman Jankunas explained that it was the first time we used Rahway and they cannot come

into the Borough until they pick up the refuse in their town.

Mr. Mancino said when Synergy was built it should have faced the Boulevard.� He asked Councilman Galasso to check the light on the corner of the Boulevard and Market Street.

He asked Councilman Galasso if he was able to get an answer re: the light in front of Schering Plough?�

Councilman Galasso said that the light in question is in Union, however, Kenilworth maintains the illumination.� He said the controller is in Union and they are responsible for the sequencing.

Councilman Galasso said he will talk to the Traffic Officer about this.

Mr. Mancino said he went to every house on North 24^th Street to ask the residents to come to the meeting and they all said that they are no longer going to waste their time.� He said that he told the residents that since this was already discussed, he is sure that the street will be on the Capital Budget for the Year 2003.� He said if it is not on the Capital Budget, he will do whatever is necessary to create chaos.� Mr. Mancino urged the Governing Body to put the street on the program and not to wait for Community Development.�

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.

8:40 PM

�� Respectfully submitted,

�� Hedy Lipke

�� Borough Clerk

�

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