REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD WEDNESDAY EVENING, APRIL 9, 2003.� COUNCIL PRESIDENT KATHI FIAMINGO 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 was absent.

Acting Mayor Fiamingo read the requirements of the Open Public Meetings Act.

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

MINUTES

It was moved by Colosimo, seconded by Jankunas and carried, that the minutes of the Work Session Meeting of March 25^th and the Regular Meeting of March 26, 2003 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

SPECIAL PRESENTATION � PERMANENT APPOINTMENT OF

�� OFFICER KEN GRADY, JR.

Acting Mayor Fiamingo called forward Officer Ken Grady, Jr. and Police Chief William Dowd and read the following Resolution into the minutes:

RESOLUTION NO. 6

Introduced by Taylor who also moved its adoption.

Be It Hereby Resolved:�� That Police Officer KENNETH GRADY, JR., having completed his one year probationary period and upon recommendation of Police Chief William Dowd, be appointed as a permanent patrolman in the Kenilworth Police Department as of April 14, 2003.

Seconded by Jankunas and on roll unanimously carried.

COMMUNICATIONS AND PETITIONS

1. Letter from the owners of Hershey�s Deli, 506 Boulevard, asking permission to sell shishkibobs and also to roast a pig or lamb on a rotisserie on the sidewalk in front of their store a couple of days a week.
2. Letter from Shirley Boyden Maxwell, Kenilworth Historical Society, asking for a letter of recommendation to be included in their application for a Union County Historic Preservation Trust Fund Grant.

REPORTS

1. Police Department Report for the month of March, 2003.
2. Construction Department Report for the month of March, 2003.
3. Borough Clerk�s Report for the month of March, 2003.

It was moved by Galasso, seconded by Taylor 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

In Mayor Tripodi�s absence, Council President Fiamingo reported that at last night�s work session meeting, he presented the policies and procedures for Channel 36 to the Council for review.� She also announced that the Little League Opening Day Parade will be held on Saturday and everyone is hoping for good weather.

DEPARTMENT OF FINANCE

Councilwoman Fiamingo announced that the budget will be introduced this evening and the public hearing will be on May 14^th.�

DEPARTMENT OF PUBLIC WORKS

Councilman Jankunas read the following letter into the minutes:

����������� Dear Mayor:

��������������� ���� As per the Interlocal Services Agreement entered into by the City of Rahway and the Borough of

��������������� Kenilworth, I am enclosing an invoice in the amount of $18,000.� I have also included all Type 13

��������������� tipping tickets for the amount of material collected.� A.M.S. will be billing Kenilworth directly for all

��������������� tipping fees incurred.

��������������� ���� I would like to thank you and your staff for your cooperation in making our bulky wasted collection

��������������� such a success.� A special thanks to Mr. Ryan for his professionalism and courtesy during this busy time

��������������� of year.

��������������� ���� During this effort I had the opportunity to speak with many residents of your Borough and found them

��������������� to be pleased with the efficiency and performance of our personnel.� I hope that you would consider

��������������� entering into a multi-year agreement with Rahway for your future bulky waste collections.

��������������� Sincerely,

��������������� Michael Smalling

��������������� Assistant Superintendent

��������������� City of Rahway

Councilman Jankunas explained that the agreement with Rahway was worked out last year between Carmela and Dan Ryan and hats off to them for saving the Borough a lot of money.

He also reported that the garbage truck is back and fully repaired and will be sandblasted and painted by one of the guys.� Councilman Jankunas said they are working to put information on the grass and leaf pick up on Channel 36.� He reported that with the most recent snow fall, they used 33 tons of rock salt and 4 hours of overtime.

REPORT OF COMMITTEES (CONT.)

DEPARTMENT OF PUBLIC SAFETY

Councilman Galasso read the following highlights from the Chief�s report for March:

Sgt. Grady attended a Traffic Management seminar, Chief Dowd attended a seminar on Terrorism, Sgt. Hannon attended UCERT Training, Off.�s Fennes, Obiedzinski, and Campanelli attended a seminar on Weapons of Mass Destruction, Off. Cox attended a course on Arson Investigation, Off. Marranca and Mike Devlin attended an Anti-Terrorism course, School Resource Officer J. Grady attended a seminar on �Bullying�, Off.�s Lamont, Fennes, Obiedzinski, and Marranca attended class on Bio-Chemical Safety, Lt. Dopf attended a class on Criminal Intelligence Systems, Det. Scuderi and Off. Cox attended a class on Interviewing and Interrogations, and Chief Dowd attended a seminar on Gang Awareness.� On March 4^th, members of the Detective Bureau and Off. Smith presented a seminar for employees of UnitedTrust Bank on Bank Robbery and Fraud and on March 18^th School Resource Officer Grady, assisted by DARE Offs. Marranca and Zimmerman held DARE Graduation ceremonies for 105 5^th grade students from Harding and St. Theresa�s schools.� Also, on March 31^st Chief Dowd attended the swearing in and reception for Superior Court Judge Thomas Manahan.

DEPARTMENT OF PLANNING, ZONING AND ORDINANCES

Councilman David announced that he was in receipt of the Zoning Enforcement Officer�s report for the month of March and reported 7 complaints, 7 approvals, 2 denials, and 2 pieces of correspondence.� He was also in receipt of the Construction Official�s report and read the following:� total receipts for March were $20, 251. and are broken down as follows: total Building Fees - $15, 387.; Trust Fees - $723.; Smoke Detector Fees - $160.; Elevator Fees - $3,681.; and Storage Trailer Fees - $300.� Councilman David reported that he has received a memo from John Risso regarding a new law which was adopted by the State of New Jersey

on the installation of carbon monoxide detectors in single and two family homes at the time of resale.� He said the law went into effect on April 7^th and we will need to update our Borough ordinance to accommodate this new law.

DEPARTMENT OF FIRE, RECREATION, LIGHTING AND ECOLOGY

Councilwoman Colosimo commended our Fire Department saying that you do not appreciate what these people do until you actually need them.� She said she needed them today and they were at her house in a matter of minutes and were still there up to a short time ago.� She said it is wonderful to know that we have many dedicated men and women who respond so quickly without giving their own safety and well being another thought.� Councilwoman Colosimo said that when she met with Chief Giordino to discuss the Rescue Squad, it was agreed that they would try giving a stipend to the members who responded between the hours of 5:30 AM and 5:30 PM, as this was the time they were having a hard time to get anyone to respond to calls.� Since they have implemented this, every call has been answered.� She said they also discussed the plans for the addition and construction of the new firehouse.� She said they will be going before the Planning Board for approval and then out to bid in May.� Councilwoman Colosimo said she wanted the residents to understand that out of the $750,000 that this project

REPORT OF COMMITTEES (CONT.)

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

will cost, $50,000 did come from the Borough through a matching grant, $200,000. came from the state, they are using the Rescue Squad as collateral, and the rest came from donations and fundraising.� She explained that less than 1% of the total amount was actually coming from the taxpayers. Councilwoman Colosimo said that Councilman Jankunas is applying for an ADA grant for an elevator for the firehouse and this will mean that the firehouse will be able to be used as a shelter if needed.� She also announced that Donna Astone and Tom Moore, members of the Rescue Squad are giving classes to the senior citizens which will explain the warning symptoms of a heart attack.� She said she is happy to see all of the wonderful things that are happening in our fire department.� She announced that due to the anticipated bad weather, the annual Easter Egg Hunt scheduled for this Saturday will be cancelled until Saturday, April 19^th and she will be attending a Recreation meeting tomorrow evening.� Councilwoman Colosimo announced that at the May 14^th meeting we will be honoring the wrestlers because they had a good season.

DEPARTMENT OF HEALTH, EDUCATION AND WELFARE

Councilman Taylor said he attended a Library Board meeting on April 1^st and on May 7^th the entire council met with the Board of Education to discuss the upcoming budget, field availability, and the use of ID�s.� Councilman Taylor said it was a good meeting, however, he felt it was a little short so his sub-committee will be scheduling another meeting to coordinate further efforts with the Board.

BILLS

Consolidated Bill List appears on the following pages.

CONSENT AGENDA

Resolutions No. 1 through 9 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.

Council Member Taylor 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.� (Resolution endorsing the submission of the 2002

����������������������� ����������������������� ����������� ����������� Recycling Tonnage Grant Application)

CONSENT AGENDA (CONT.)

RESOLUTION NO. 3

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

License: #775 � The Kenilworth Historical Society for an Off-Premise 50/50 to be held on November 14, 2003

RESOLUTION NO. 4

Resolution appears on the following page.� (Resolution authorizing an increase in Deferred

����������������������� ����������������������� ����������� ����������� School Taxes)

RESOLUTION NO. 5

Resolution appears on the following page.� (Introduction of the 2003 Municipal Budget)

RESOLUTION NO. 7

Be It Hereby Resolved:�� That Borough Engineer Michael D. Disko be authorized to prepare new Tax Maps for the Borough of Kenilworth.

RESOLUTION NO. 8

Resolution appears on the following page.� (Resolution supporting New Jersey Assembly and

����������������������� ����������������������� ����������� ����������� Senate Bills requiring proper burial of those killed

����������������������� ����������������������� ����������� ����������� at the World Trade Center)

RESOLUTION NO. 9

Resolution appears on the following page.� (Resolution supporting a statewide �Victims� Rights

����������������������� ����������������������� ����������� ����������� Summit� and to designate the week of April 6

����������������������� ����������������������� ����������� ����������� through April 13, 2003 as �Crime Victims� Rights

����������������������� ����������������������� ����������� ����������� Week�)

RESOLUTIONS AND ORDINANCES

Proposed Ordinance No. 2003-06 was read for a first reading as follows:� (copy attached)

����������������������� ����������� ����������� ORDINANCE NO. 2003-06

�CAP� ORDINANCE TO EXCEED INDEX RATE:� INDEX RATE LESS THAN 5%

LIMITATION FOR THE YEAR 2003 (N.J.S.A. 40A:4-45.14)

Acting Mayor Fiamingo explained that the cap this year was 1% and it was difficult if not impossible to do, therefore this ordinance allows us to exceed it.� She said the public hearing will be held on May 14^th.

RESOLUTION NO. 10

Introduced by Fiamingo who also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2003-06, be and the same is hereby passed on first reading and ordered published for final hearing on May 14, 2003.

Seconded by Taylor and on roll call unanimously carried.

GENERAL BUSINESS

Councilwoman Fiamingo said there had been discussion regarding the light on Washington Street in Union near Schering Plough and the concern was the �left-hand� turn ability.� She said the County designed the lights so this has to go back to the County who have indicated a favorable response.� It will then go to the Township engineers and then the DOT, so it will take some time but is in the works.

Councilwoman Colosimo said she would like to congratulate Officer Ken Grady on his permanent appointment to our police department, which is an outstanding police department.

Councilman Galasso said it has been a tradition that every time we appoint a police chief they have the right to change the colors of the police cars.� He said Chief Dowd waited a few years until he finally decided on black and white.� He said the car that was already changed looks great and kudos to the Chief and Sgt. Grady.

MEETING OPEN TO THE PUBLIC

Joanne Dillon, Faitoute Avenue, reported on behalf of the Transportation Advisory Board.� She said the Union train station will be open and fully running as of April 27^th.� As far as the Rahway Valley train reactivation, she said there was still no word from the Union County Freeholders and was told that this situation was still under legal advisement.� She said the committee has asked Freeholder Dan Sullivan to attend the next meeting to answer questions on this matter, although he has been asked previously and never shown.� Mrs. Dillon said that while the committee was discussing the Route 22 issue there was mention that it was a possibility that this project could be held up by local municipalities under a new bill regarding environmental justice.

MEETING OPEN TO THE PUBLIC (CONT.)

Mrs. Dillon explained that her interpretation was that in 1997, they changed the powers in some of the local zoning boards and gave them to the state.� She said it seems as though there are two bills which, if passed, give the powers back to the local boards.� She said it would appear that the local zoning board would have the power to prevent a project from moving forward if it can be proven that the project would have an adverse affect on its own town.� Mrs. Dillon asked if the members of the council could look into the pending bills which pertain to �environmental justice�, as this could help the cause.

Scott Ruerup, North 24^th Street, asked if his street is going to be paved this year.

Acting Mayor Fiamingo said that they haven�t finalized the capital budget requests and it is still pending before the Community Development Board.� She said she has no answer at this point.

Mr. Ruerup asked when it will be decided.

Councilwoman Colosimo said they are still discussing which streets are going to be paved.

Mr. Ruerup said that since the Planning Board gave Mr. Paparotta permission to build those illegal houses at the end of his street, it has gotten worse.� He said it hasn�t been paved in 35 years.

Eli Felner, Red Oak Lane, said although most of the Council heard what he had to say at the school board meeting and he is sure Mrs. Colosimo will do what she can, he wished to reiterate

the fact that they (soccer club) need help in trying to get some time at Black Brook Park and the field across from the shooting range on the Boulevard.� He said he feels the town would have more pull than he alone does, explaining that this is effecting 130 kids.� He said some of the neighboring towns are helping them in game situations, however, some leagues will fine you if you register and then cannot supply a field.

Councilwoman Colosimo said she will be calling the County regarding Black Brook Park and that the Council would have liked to ask other questions of the Board of Education last Monday so they have decided that their sub-committee would reach out to them.� She said that it was explained to her by the grounds keeper at the school that new grass had been planted, however, she said the football field was also supposed to be used for soccer.� She said she understands that the grass has to grow, however, one of the selling points for reopening the school was that it was going to be used for the community.� She said she will bring it up as an issue when she meets with the board again.

Mr. Felner said that a suggestion came to him last week when they were practicing, to remove the old backstop at the Harding School field and some of the trees and then it could be used for both soccer and softball.� He said this would alleviate a lot of the pressure and open up some space.

Councilwoman Colosimo said she will try to assist Mr. Felner.

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.

8:35 P.M.�

����������������������� ����������������������� ����������������������� ����������� ����������� Respectfully submitted,

����������������������� ����������������������� ����������������������� ����������� ����������� Hedy Lipke

����������������������� ����������������������� ����������������������� ����������� ����������� Borough Clerk

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