Council Minutes from 4/23/2003

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, APRIL 23, 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, Alan Jankunas, and Robert Taylor.� Councilman Ed Galasso 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 Fiamingo, seconded by Jankunas and carried, that the minutes of the Work Session Meeting of April 8^th and the Regular Meeting of April 9, 2003 be dispensed with and approved at submitted.� (Copies furnished each Council Member prior to the meeting.)

SPECIAL PRESENTATION � PROJECT GRADUATION CHECK

Mayor Tripodi called forward Kenilworth Municipal Drug Alliance Coordinator Paulette Drogon to assist him in the presentation of the check to the two Project Graduation moms, Terry Sues and Donna Loessel.� Mayor Tripodi explained that every year the senior graduating class fundraises to fund their Project Graduation night which is an activity filled evening that goes into the wee hours of the morning in the attempt to provide a safe and fun filled event which is drug and alcohol free. �Mayor Tripodi said it was his pleasure to present a check in the amount of $1200. on behalf of the Kenilworth Municipal Alliance.� Mrs. Sues and Mrs. Loessel thanked Mayor Tripodi and Mrs. Drogon.

COMMUNICATIONS AND PETITIONS

Notice of Claim received on behalf of Anthony Longaro, Sr., alleging injuries suffered in a fall on the sidewalk alongside Synergy Federal Savings Bank on Market Street.� Forwarded to our insurance company.
Letter from Police Chief Dowd to Jeff and Roxanne Dunn thanking them for their donation to the Police Department.
Letter from Walter Boright, Jr. praising Police Sgt. Grady and members of the Police Department for their response to a suspected armed robbery attempt at the Boulevard Variety Store.
Letter from Mountainside Mayor Robert R. Viglianti regarding the intended action of the

Rahway Valley Sewerage Authority to award a contract for �OTE-Lease-Lease Back and

Contract with Red-Horse Securities, LLC� without consulting or notifying member municipalities.

REPORTS

Municipal Court Report for the month of March, 2003.
Rahway Valley Sewerage Authority Meeting Minutes of March 20, 2003 and Adopted 2002 Audit Report.

It was moved by Taylor, seconded by Colosimo 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 he has set a meeting with the Governing Body and the Board of Education for Monday, May 5^th at 7 PM at David Brearley High to review the defeated school budget and make recommendations.� He also reported that he has presented to the Council policies and procedures for our new cable television channel, TV36.� Mayor Tripodi also noted

No. 14 on the agenda which designates the week of April 27^th as �Municipal Clerk�s Week� and said he wished to recognize our Clerk, Hedy Lipke who does a fantastic job and said the Borough could not survive without her.� He also acknowledged Deputy Clerk Michelle DeRocco saying she does a fine job.� In addition, Mayor Tripodi announced that he has taken the liberty of nominating Hedy to the Municipal Clerk�s Honor Roll for the year 2003 and this announcement will appear on the General Code website on April 27^th.� He also announced that this was Administrative Professional�s Week and thanked all of the ladies in Borough Hall for a job well done and said he appreciates all that they do.

DEPARTMENT OF FINANCE

Councilwoman Fiamingo announced the budget hearing date of May 14^th at which time the meeting will be open to the public for questions and comments.� She noted tonight�s second reading on Ordinance No. 2003-05 which adds the fees for the picking up of white goods.� Councilwoman Fiamingo said she has spoke with Borough Auditor Jim Cerullo who is willing to do a cursory review of the school budget at a relatively inexpensive cost.�

DEPARTMENT OF PUBLIC WORKS

Councilman Jankunas said the men have been working on curbside grass and brush pickup and repairing potholes throughout the Borough.� He said he was in receipt of the 2002 Recycling Tonnage report and on another note he announced that residents are going to have to start getting used to putting their grass in the 33 gallon containers.� He said he hopes to get this information on TV36 and a reminder in the Kenilworth Leader and feels that by the summer people will be used to it.

REPORT OF COMMITTEES (CONT.)

DEPARTMENT OF PUBLIC SAFETY

In Councilman Galasso�s absence, Mayor Tripodi reported that the Council is in receipt of another draft of the police promotions ordinance and said hopefully in the next month this issue will be addressed.� Mayor Tripodi also announced that Chief Dowd has compiled a guide for residents in the case of a terrorist attack and Schering Plough printed it for us.� He thanked the Chief adding that he did a nice job and said the guide is available in the Clerk�s office.

DEPARTMENT OF PLANNING, ZONING AND ORDINANCES

Councilman David said tomorrow night there will be a Planning Board meeting and they will be hearing a number of cases, most notably the Kenilworth Fire House�s application.� He said although he and the Mayor will be present, they will not be able to hear the case.

DEPARTMENT OF FIRE, RECREATION, LIGHTING AND ECOLOGY

Councilwoman Colosimo announced that the Recreation Department held its annual Easter Egg Hunt and she thanked the Fire Department for giving the bunny a ride to Black Brook Park.� She said several hundred children with their parents attended and it was a wonderful day.� Councilwoman Colosimo said she has spoken with Dr. Disko in regards to the Recreation Center and DiMario Park.� She said that several years ago money had been put aside to fix the building at DiMario Park, however, since there was a possibility of the Historical Society taking over the building, it had been postponed but they will now proceed.� She said there is a drainage problem also and before any new equipment is purchased for the park, this needs to be addressed and she will� be discussing this with Mike Disko tomorrow.� She said although they have received a grant from CD to fix the bathrooms in the Recreation Center, there is a roof leak which needs to be addressed and they are getting estimates for the repair.� Councilwoman Colosimo announced that the Fire Department will be presenting their renovation plans to the Planning Board tomorrow evening.

DEPARTMENT OF HEALTH, EDUCATION AND WELFARE

Councilman Taylor announced that since the school budget was defeated, the Council will be reviewing it to see if they can make any recommendations.� He said the Council was presented with a copy, approximately six inches thick, and the hearing will be held on May 5^th at 7:00 PM

at David Brearley High School.� He said he also met with the Library Board on April 17^th and announced that the Library will be holding a teen night on May 9^th to dedicate the room as the Adeline Schlenker Teen Room.� He said the refurbishing of this room was made possible through resources from Schering Plough and also the late George Schlenker.� Councilman Taylor announced that Mike Disko will be taking bids for the repair to the Library ramp on May 8^th.

BILLS

Consolidated Bill List appears on the following page.

CONSENT AGENDA

Resolution Nos. 1 through 14 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.

Councilman David moved that all items be approved, seconded by Councilman 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

That the Borough Clerk be authorized to issue Bingo License Renewals to the following:

�� St. Theresa�s Father�s Guild

�� St. Theresa�s Mother�s Guild

�� St.� Theresa� R.C. Church

�� St. Theresa�s Rosary Altar Society

All to hold Bingo once a week for one year.

RESOLUTION NO. 3

Resolution appears on the following page.� (Tax Collector to remove Senior Citizen/Surviving

�� Spouse Tax Deductions for tax year 2002 from

�� listed properties as they no longer are eligible and

�� to further bill these properties for $250.00)

RESOLUTION NO. 4

Resolution appears on the following page.� (Tax Collector to remove Senior Citizen/Surviving

�� Spouse Tax Deductions for tax year 2002 from

�� listed properties as they no longer are eligible and

�� to further bill these properties for $250.00)

RESOLUTION NO. 5

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

CONSENT AGENDA

RESOLUTION NO. 6

Resolution appears on the following page.� (Treasurer to cancel EIC Accounts Payable balance

�� to Fund Balance)

RESOLUTION NO. 7

Resolution appears on the following page.� (Tax Collector to grant a 100% Tax Exemption for a

�� Veteran�s total disability)

RESOLUTION NO. 8

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

�� 2003 First Quarter Taxes due to the granting of

�� the 100% disabled veteran exemption - $845.70)

RESOLUTION NO. 9

Resolution appears on the following page.� (Awarding the bid for �Streetscape Improvements

�� on Kenilworth Boulevard� to the low bidder,

�� Jo-Med Contracting Corporation � Base Bid:

�� $123,978.40)

RESOLUTION NO. 10

Be It Hereby Resolved:�� That Albert Stender, Esq. be appointed to represent the Borough of

Kenilworth in a Municipal appeal � Neville Gibson � at an hourly rate of $100.00.

RESOLUTION NO. 11

Be It Hereby Resolved:�� That Borough Engineer Michael D. Disko be authorized to draw up new Borough Storm Sewer maps at a cost of $12,800.00.

RESOLUTION NO. 12

Resolution appears on the following page.� (Supporting S-478 and A-540 to call for a

�� Constitutional Convention)

RESOLUTION NO. 13

Resolution appears on the following page.� (Approving the deed for Memorial Park between

�� KVC, Inc. and Kenilworth Historical Society and

�� authorizing the Mayor to sign said papers)

CONSENT AGENDA (CONT.)

RESOLUTION NO. 14

Resolution appears on the following page.� (Proclaiming the week of April 27 through

�� May 3, 2003 as �Municipal Clerk Week�)

RESOLUTIONS AND ORDINANCES

Proposed Ordinance No. 2003-05 was read for a second reading as follows:� (copy appears in the

�� minutes of March 26, 2003)

�� ORDINANCE NO. 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 since we revised our bulky waste pickup procedure, a provision had to be made for the pick up of white goods which is $25.00 each.

Mayor Tripodi opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2003-05.

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

RESOLUTION NO.� 15

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 second and final reading and ordered published according to law.

Seconded by Jankunas and on roll call unanimously carried.

GENERAL BUSINESS

Mayor Tripodi mentioned that the Council supported a resolution for a Constitutional Convention to address the ever growing property tax issue. This will allow for a public referendum and he thanked the Council for passing it.

MEETING OPEN TO THE PUBLIC

Fred Soos, Epping Drive, commended the Governing Body and the Chief for putting out the

guide for the residents in the case of a terrorist attack adding that it was very good.� He said going back to the 60�s and the 70�s there used to be a room in Harding School for water and supplies in the event of an emergency and was wondering if that still existed.

MEETING OPEN TO THE PUBLIC (CONT.)

Mayor Tripodi said he was just advised by Borough Clerk Hedy Lipke that it is still in existence and stocked with supplies, as per her recent conversation with Dr. Leschuk.

Mr. Soos asked if the Police Department was equipped with gas masks, etc., in the case that something happens.

Mayor Tripodi said he has spoken to the Fire Chief and that the State is giving grants. He said the Police Department may have some equipment but maybe not enough for everybody.

Councilman Jankunas said that after 911 the County did give the Police Department 8 Scott packs, however, he is not sure if they have been trained.� He said in the event of such an emergency, the Fire Department would be the first to respond and they have purchased some of the Level 2 suits, which are one-time use and then throw away, and they have been trained for them.� They have not yet determined what their level of response would be to a poisonous gas or a biological attack.� They have attended school for Weapons of Mass Destruction, however, there is a lot more to it and it is always being discussed.

Bree Helm, South Michigan Avenue, said that Kenilworth is getting bigger, however it is staying smaller and is closed minded.� She said her and her friends are being told that they cannot sit and stand after certain times and in certain places.� She said they go uptown after school and sit on the benches by the Library and are being told by the Police that they are loitering.� She said then they walk back to the school and are told they cannot stand there because they are loitering.� Ms. Helm said the parks close early and the people who live there do not appreciate them being in the park because they make too much noise.� She said she has been arrested twice for not moving when told to.� She said she was here before, asking for a place for the kids to go because the Recreation Center does not offer anything for kids her age.� She said she would appreciate it if someone could give them somewhere to go or something to do because it is not fair.

Mayor Tripodi said he is aware that there has been a lot of vandalism in the park so the Police have been watching the parks a little closer.

Councilwoman Colosimo said the parks close at dusk and there has been a lot of graffiti on the building and the jungle gym was destroyed.

Councilman Taylor added that there has been a lot of vandalism and problems in front of the Library and the Police have been alerted and asked to give this area extra attention.

Councilwoman Colosimo said that they have tried in the past to open the Recreation Center for the teens, however, they were unable to get chaperones and in the beginning it was well attended and then the numbers started to dwindle.

MEETING OPEN TO THE PUBLIC (CONT.)

Mayor Tripodi said that the Governing Body has gone through the same thing, as they have all grown up in Kenilworth and suggested that the teenagers go to the new Teen Room at the

Library which will be opening soon.� He also said that if there is a need, possibly something could be done with the Recreation Building.� He commended Ms. Helm for coming forward.

Councilman David said that this was brought up briefly at the joint meeting with the Board of Education.� He said they discussed opening up the schools for recreation.� He said when he was in school they used to open up the gym and had ping pong tables and other things set up.�

Councilwoman Colosimo said that the gym is open, however, it is usually filled with teams practicing.�

Mayor Tripodi said the school is the best facility in town and when the school was reopened it was with the intent that it would also serve as a community center.�

Livio Mancino, North 24^th Street, asked for a list of the Community Development projects that were requested for this year.� He also asked if there are any proposed changes for the light on

21^st Street, as he did not see any at the County.

Councilman Taylor said the expected grants for 2003 are as follows:�� the Streetscape Project which is a DOT grant, North 24^th Street from Washington to Monroe and for sanitary sewer improvements on the Boulevard.

Mr. Mancino asked what has been approved?

Councilwoman Fiamingo said the amount has been approved, however, we are waiting on the qualifying streets.

Mayor Tripodi explained that they are holding back right now to verify the areas through the census.

Mr. Mancino asked if 24^th Street has been written into the Capital Budget?

Mayor Tripodi said within the next month they should be finalizing the Capital Budget.

Mr. Mancino asked about the light on the Boulevard and Schering?

Councilwoman Fiamingo said she has been in touch with someone from Union Township who has been in touch with the County Engineer regarding a design change.� She said the County has not yet signed off, however, it is in the process.

Mr. Mancino said the gate in the Brearley parking lot should be closed at night because he almost got run over the over night at 9:30 PM.� He said people use it as a cut through.

MEETING OPEN TO THE PUBLIC (CONT.)

Paulette Drogon, Faitoute Avenue, said she would like to publicly thank the Kenilworth PBA for putting the sign up on the Boulevard supporting our troops.� She said she cries when she sees it as she has a son in the military.� She said it made her feel very good that this town, unlike other towns, supports the troops.

Mr. Mancino asked if it was in the Borough ordinance that the doors on the appliances must be removed when they are put out for pick up?

Councilwoman Fiamingo said it is not in tonight�s ordinance, however, it is a law.

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 P.M.

�� Respectfully submitted,

�� Hedy Lipke

�� Borough Clerk

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