Council Minutes from 6/25/2003

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, JUNE 25, 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.

MINUTES

It was moved by Fiamingo, seconded by Jankunas and carried, that the minutes of the Work Session meeting of June 10^th and the Regular Meeting of June 11, 2003 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS

Letter from Comcast advising that Kenilworth resident Joshua Warner, David Brearley High School, has been awarded a $1,000. Comcast Leaders of Tomorrow Scholarship.
Letter from Doreen Gunther, 210 Faitoute Avenue, complaining about treatment she received from Borough Engineer Michael Disko concerning a tree stump and utility pole not removed last year when Faitoute Avenue was paved and Belgium blocks installed.
Invitation to Mayor and Council for the Kenilworth Sports Hall of Fame 3^rd Annual Golf Event.
Letter from Teresa Zengewald requesting permission to hold a Block Party on Richfield Avenue on July 26, 2003.
Letter from Mayor Tripodi to Borough Clerk Lipke appointing members to the Kenilworth Planning Board.� (Read into the minutes)

Dear Mrs. Lipke,

I am herewith making the following appointments to the Planning Board:� Anthony Lepore as a Class IV Member to fill the unexpired term of George Schlenker, term expiring 12/31/04; Fred Pugliese as Alternate #2 to fill the unexpired term of Anthony Lepore, term expiring 12/31/03; Sal Candarella as Alternate #3 to fill the unexpired term of Fred Pugliese, term expiring 12/31/04; and Joseph Benintenti as Alternate #4 to fill the unexpired term of Sal Candarella, term expiring 12/31/04.

Yours truly,

Michael A. Tripodi, Mayor

REPORTS

Municipal Court Report for the month of May, 2003.
Construction Department Report for the month of May, 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 announced that Borough Clerk Hedy Lipke who also serves as our JIF representative has presented to him the Borough�s scores which is now a 95%, which is an

18% improvement from last year. He said we are exceeding our expectations for our first year and congratulated Hedy, adding that our department heads are doing a job well done.� Mayor Tripodi also announced the fireworks will be held this Sunday with a raindate of July 6^th and he thanked the Fire Department for their assistance and for providing the refreshments and a roving band.

DEPARTMENT OF FINANCE

Councilwoman Fiamingo said on the agenda for this evening is the ordinance to purchase radar units for the Police Department, ordinances to repair Vernon and Commonwealth Roads, and the construction of curbs along Commonwealth Road.� She said in addition to these, they will be doing salary adjustments this evening.� Councilwoman Fiamingo also announced that the Finance Committee will be meeting on Monday evening to review policy and procedures for employees.

DEPARTMENT OF PUBLIC WORKS

Councilman Jankunas reported that there was a storm sewer collapse on Sydney Circle and Barone Construction will be repairing it in the next couple of days.� He said the sweeper is out for repairs at this time.�

DEPARTMENT OF PUBLIC SAFETY

Councilman Galasso reported �progress�.

REPORT OF COMMITTEES (CONT.)

DEPARTMENT OF PLANNING, ZONING AND ORDINANCES

Councilman David said he was in receipt of the Construction Official�s report for the month of May and reported the following:� total receipts - $18,349. and broken down are as follows:

permit fees - $16,974.; registration fees - $450.; trust fees - $685.; and smoke detector fees - $240. Councilman David said the PZO Committee met last Monday and they considered amending the Zoning Code to allow for cantilevers to extend 2� ft. into the front setback without requiring a variance.� He said he brought this to the full Council last night and they were unanimously in agreement to make the change so the Borough Attorney will be writing up an amendment to the code.

DEPARTMENT OF FIRE, RECREATION, LIGHTING AND ECOLOGY

Councilwoman Colosimo read the following letter into the minutes:

�� Dear Chief Lou:

�� Attached is a copy of a thank you card recently sent to the Township of Union Fire Department.� The

�� medical aid incident mentioned was actually on May 17, 2003 at about 6:30 hours during a time

�� period when mutual aid companies had relocated in Union.� All of Union�s Fire and EMS resourses were

�� committed to a fatal fire at that time.� I would like to personally commend the Kenilworth Fire Department

�� including Lt. Soos, Firefighters Kruger, O�Brien, Mauro, and Banaro.� It is very rewarding as Chief when

�� I receive such a letter especially when it is for an out of town department filling in for Union.� It is quite

�� obvious that the motivation professionalism, dedication, trust and competence displayed by the Kenilworth

�� Fire Department spreads well beyond the Kenilworth borders.� I feel most confidence that during

�� incidences when the Kenilworth Fire Department relocates to Union, my citizens and community can and

�� will be provided for by a professional and dedicated fire force.� Thank you again for responding to this

�� incident and for the many times you have filled our empty stations and have responded directly to and

�� operated at fire incidences in the Township of Union.� The Union Fire Department always stands ready to

�� assist the Kenilworth Fire Department.

�� Sincerely,

�� Skip, Fire Chief

Councilwoman Colosimo said that it was really nice to know that we can depend on other fire departments as well as our own.� She said she would like to give kudos to our department for doing a tremendous job.� She also announced that the summer park program will be starting on

June 30^th, and also that the drainage improvements at DiMario have begun and should be completed by next week.

DEPARTMENT OF HEALTH, EDUCATION AND WELFARE

Councilman Taylor said he attended the June 12^th Library Board meeting and he was happy to report that circulation was up 10% since last year and their summer reading program will be beginning on Monday and they have a tricky tray scheduled on August 12^th for adults and August 14^th for children.� He said he also attended the Board of Health meeting on June 19^th and noted that on tonight�s� agenda there will be some appointments made to fill in for vacancies.

BILLS

Consolidated Bill List appears on the following pages.� (copy attached)

CONSENT AGENDA

Resolutions No. 1 through 20 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.

Council Member 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

Be It Hereby Resolved:�� That the Borough Clerk be authorized to issue the following Raffle License:� #776 � The Kenilworth Knights of Columbus #4186 for an Off-Premise 50/50 to be held on November 13, 2003.

RESOLUTION NO. 3

Resolution appears on the following page.� (Resolution certifying that Governing Body members

�� have reviewed the 2002 Annual Audit, Section,

�� General Comments Recommendations)

RESOLUTION NO. 4

Resolution appears on the following page.� (Person to Person Liquor License Transfer � Woody

�� North, Inc. t/a Kenilworth Liquors to Shah

�� Beverages, Inc. t/a Kenilworth Liquors)

RESOLUTION NO. 5

Resolution appears on the following page.� (Liquor License Renewals)

RESOLUTION NO. 6

Resolution appears on the following page.� (Liquor License Renewal with special conditions

�� for EJ�s)

RESOLUTION NO. 7

Resolution appears on the following page.� (Liquor License Renewal with special conditions

�� for The Michigan Pub)

CONSENT AGENDA (CONT.)

RESOLUTION NO. 8

Resolution Tabled. (Liquor License Renewal with special conditions for Ross Brothers)

RESOLUTION NO. 9

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

RESOLUTION NO. 10

Resolution appears on the following page.� (Mayor and Borough Clerk authorized to execute and

�� attest the application and agreement for municipal

�� aid to be submitted to the New Jersey Department

�� of Transportation. (Sheridan Avenue))

RESOLUTION NO. 11

Resolution appears on the following page.� (Award of bid for �Paving Improvements on

�� No. 22^nd Street� to R. Mellusi & Sons �

�� Base Bid - $92,286.50)

RESOLUTION NO. 12

Be It Hereby Resolved:�� That DIANE SMITH be employed as a Part-time Clerk in the Kenilworth Police Department for a 90 day probationary period commencing June 30, 2003

at a rate of $11.00 per hour.

RESOLUTION NO. 13

Be It Hereby Resolved:�� That STEPHANIE LONEKER be appointed to the unexpired one year term of Michael Vitale which expires December 31, 2003; MARGARET DEL PIANO as Alternate #1, filling the unexpired term of Al Testa which expires on December 31, 2004; and SUE KOTCH as Alternate #2, filling the unexpired term of Stephanie Loneker which expires 12/31/04.

RESOLUTION NO 14

Be It Hereby Resolved:�� That the contract for Preventative Maintenance/Service for H.V.A.C.

Equipment at the Kenilworth Senior Citizens Building with CorrectTemp, Inc. be renewed for the period of July 1, 2003 to June 30, 2004 � Cost $1,064.00)

CONSENT AGENDA (CONT.)

RESOLUTION NO 15

Be It Hereby Resolved:�� That the contract for Preventative Maintenance/Service for H.V.A.C.

Equipment at the Kenilworth Municipal Building with CorrectTemp, Inc. be renewed for the period of July 1, 2003 to December 31, 2003 � Cost $566.00.

RESOLUTION NO. 16

Be It Hereby Resolved:�� That the following be employed by the Recreation Department as Summer Playground workers as of June 30, 2003:�

�� Steve Byars, Playground Administrator �� $300.00 per week

�� Brett Byars, Playground Leader�� 6.50 per hour

�� Terrell Mike, Playground Leader�� 6.50 per hour

�� Jessica Wright, Playground Leader�� 6.50 per hour

�� Leah Grausam, Playground Leader�� 6.50 per hour

�� Anthony Pantano, Playground Leader�� 6.50 per hour

�� Jonathan DeJesus, Playground Leader�� 6.50 per hour

RESOLUTION NO. 17

Be It Hereby Resolved:�� That the contract for S.B.P. Industries, Rahway, NJ, for Emergency

Generator Maintenance Services be renewed for the period of August 1, 2003 to July 31, 2004 � Cost $660.00.

RESOLUTION NO. 18

Resolution appears on the following page.� (Objecting to proposed Lease-Lease Back Proposal

�� by the Rahway Valley Sewerage Authority

�� (R.V.S.A.) without actual approval of Governing

�� Bodies of each of the 11 member municipalities

�� of the R.V.S.A.)

RESOLUTION NO. 19

Be It Hereby Resolved:�� That all non-union employees of the Department of Public Works

receive a 3.5% pay increase for the year 2003.

RESOLUTION NO. 20

Be It Hereby Resolved:�� That all non-union employees of the Borough of Kenilworth receive a

3.5% pay increase and that all Department Heads receive a 4% pay increase for the year 2003.

Be It Further Resolved:�� That the employees on the attached list also receive a salary adjustment as stated.

RESOLUTIONS AND ORDINANCES

RESOLUTION NO. 21

Introduced by Fiamingo who also moved its adoption.

Be It Hereby Resolved:�� That Thomas A. Vitale, Borough Judge, receive a salary adjustment of

$6,710.00 for the year 2003.

Seconded by Jankunas and on roll call unanimously carried.

RESOLUTION NO. 22

Introduced by Fiamingo who also moved its adoption.

Be It Hereby Resolved:�� That the Chief Finance Officer/Treasurer/Tax Collector receive the following salary adjustment:

�� $71,090.50�� 1/1/03 to 6/30/03

�� $75,727.00�� 7/1/03 to 9/30/03

�� $85,000.00� �� 10/1/03 to 12/31/03

Seconded by Jankunas and on roll call the vote was as follows:� Fiamingo, Galasso, Jankunas, �YES�; Colosimo, David, Taylor, �NO�; Mayor Tripodi, �YES�.

Proposed Ordinance No. 2003-08 was read for a second reading as follows:� (copy appears in the

�� minutes of May 28, 2003)

�� ORDINANCE NO. 2003-08

AN ORDINANCE APPROPRIATING $6,016.00 FROM GENERAL CAPITAL

IMPROVEMENT FUND FOR THE ACQUISITION OF TWO POLICE RADAR UNITS

Mayor Tripodi explained that this is an amendment to the General Capital Improvement Fund

for $6,016.

Mayor Tripodi opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2003-08.

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

RESOLUTION NO. 23

Introduced by Fiamingo who also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2003-08, 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.

RESOLUTIONS AND ORDINANCES (CONT.)

Proposed Ordinance No. 2003-09 was read for a first reading as follows:� (copy attached)

�� 2003-09

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 $213,000 THEREFORE AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $202,350 IN AGGREGATE

PRINCIPAL AMOUNT OF BONDS OR NOTES TO FINANCE PART OF THE COST THEREOF

Mayor Tripodi explained that this is a bond ordinance for two streets that were deemed necessary as a result of a bad winter.

RESOLUTION NO. 24

Introduced by Fiamingo who also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2003-09, be and the same is hereby passed on first reading and ordered published for final hearing on July 9, 2003.

Seconded by Jankunas and on roll call unanimously carried.

Proposed Ordinance No. 2003-10 was read for a first reading as follows:� (copy attached)

�� 2003-10

AN ASSESSMENT BOND ORDINANCE AUTHORIZING LOCAL IMPROVEMENTS CONSISTING OF THE CONSTRUCTION OF 1400 LINEAR FEET OF NEW CURBS ALONG COMMONWEALTH ROAD, IN BY AND FOR THE BOROUGH OF KENILWORTH, IN THE COUNTY OF UNION, NEW JERSEY, APPROPRIATING AN AGGREGATE AMOUNT OF $23,500 THEREFOR, AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $22,325 IN AGGREGATE PRINCIPAL AMOUNT OF BONDS OR NOTES TO FINANCE PART OF THE COST THEREOF AND DIRECTING A SPECIAL ASSESSMENT OF THE COST THEREOF

Mayor Tripodi explained that this is the companion ordinance to 2003-09 for the capital improvements to Commonwealth for the construction of curbs.

RESOLUTION NO. 25

Introduced by Fiamingo who also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2003-10, be and the same is hereby passed on first reading and ordered published for final hearing on July 9, 2003.

Seconded by Jankunas and on roll call unanimously carried.

GENERAL BUSINESS

Councilwoman Colosimo congratulated Josh Warner for receiving the Comcast Scholarship. She said she was fortunate enough to be his 7^th grade teacher and he is a brilliant young man, as well as a good person.�

Councilman David said that he was remiss in his report to mention that tomorrow is the June Planning Board meeting at which time the relocation of the historical Nitschke House will be on the agenda and he announced that if anyone wishes to attend to show their support that it would be appreciated.

Councilwoman Colosimo said she was hoping Mrs. Dillon was here, as she found out that there had been a �stop the train� rally last week, however, she would have wanted to attend to show her support had she known about it.�

Mayor Tripodi suggested that Councilwoman Colosimo sign the petition on the website link

and then she will automatically be on the mailing list and they will notify her of any events.

MEETING OPEN TO THE PUBLIC

Livio Mancino, North 24^th Street, commended the Mayor and all of the other people who participated in the �stop the train� rally, and said that if it is true that this is a federal project than our efforts will be in vain and he hopes we are not expending tax payer�s dollars.� He said he has contacted the people on the County Planning Board and they are looking in to see if there is any

jurisdiction they would have relative to the project.� Mr. Mancino said the newspaper called him to comment on the situation and he explained that it was not proper for him to comment at this time and they should call the municipalities that are involved.� Mr. Mancino said he was concerned because Mayor Tripodi complimented Mr. Lepore for bringing his sound system in to be used at the rally.� He said that he hopes that this was Mr. Lepore�s personal equipment and he would leave it at that.� Mr. Mancino said that as a Board of Education member, it is no secret that he opposed the governing body�s request to hold the annual fireworks on the Brearley property.

He wanted to make it clear that he is not against the fireworks.� He said he opposed it because the facilities are brand new and he did speak to the contractor of the project who said that once the grounds are used for something like fireworks, they are not responsible for the grounds or the work which has already been done.� Mr. Mancino said (to the Mayor and Council) �if that field is damaged this week, this year, or next year, you can rest assured that you will bare the responsibility for that, because it is a brand new field, a million dollars of taxpayer�s money and if it looks as if it was damaged before it was even used by our youngsters, it will be a shame especially since Black Brook Park could have been used.��

Mayor Tripodi said the Board of Education gave permission and it is his understanding that with the new fire regulations, Black Brook would have been a problem.

Mr. Mancino said the new lights take a half-hour to turn on and off.� He said he feels it is ludicrous that we will have to wait a half hour before the lights come on so the people can leave the� stands.

MEETING OPEN TO THE PUBLIC (CONT.)

Councilman Galasso explained to Mr. Mancino that the stands will be closed off and there are no plans on using the lights.� He said we have used these facilities for 3 years and there have been no problems.�

Mr. Mancino said that there is a lack of communication between the Council and the Board of Education because he voted no because he thought that the letter was asking permission to use the stands.

Councilwoman Colosimo said she will verify with Chief Giordino that the stands will be blocked off as in previous years.� Seeing Tony Peters in the audience, Councilwoman Colosimo asked for his input.

Mr. Peters, said he the Battalion Chief for the Kenilworth Fire Department and as the ex-Fire Inspector for the City of Newark, has run fireworks in Newark on at least 50 occasions.� He said the only people that will be on Brearley property will be in the parking lot, where they are supposed to be.� There is at least 350 ft. if not more, between the houses, the school, and the people.� He said every entrance to the Brearley field that people can possibly get onto the grounds is wired shut.� The only gate kept unlocked is the double one which allows the truck to go in.

Mr. Mancino asked why there is an adjustment to the Judge�s salary at this time of the year?

Mayor Tripodi explained that this would be the yearly salary adjustment, however, it was not on the consent agenda.�

Mr. Mancino said that when he was appointed in January, he accepted the position and salary, and that acceptance was for a year.

Mayor Tripodi explained that last year the prosecutor and the public defender�s salaries were adjusted and this year the Judge�s was adjusted.�

Mr. Mancino asked if Mr. Vitale took his attorney�s salary with him when he was made Judge?

Councilman David explained that the Borough Attorney was making $20,000 last year and the Judge�s salary was $18,000.� The Judge retired and the Borough Attorney took the Judge�s position at $18,000 initially.� Tonight he is being increased to $25,000 and the new Borough Attorney began at $12,000 and tonight he is being increased to $14,000.

Mr. Mancino said Attorney Vitale took his salary with him as Judge and the salary was lowered when Harvey Fruchter took over.� Mr. Mancino said that was abominable.� He asked why the CFO is being given a 30% increase?� He asked how the governing body can spend taxpayer dollars like that?� He said nobody deserves that kind of raise.�

Councilman Galasso said that obviously, Mr. Mancino has no idea what Mrs. Marus does.

MEETING OPEN TO THE PUBLIC (CONT.)

Mayor Tripodi said that he has the information which can show what the market dictates for her position.

Mr. Mancino asked where North 24^th Street was� in the capital budget?

Mayor Tripodi said that he announced earlier that they would be introducing a capital ordinance for street improvements in an amount only, with no specific streets assigned, as they are still waiting to hear from Community Development.�

Mr. Mancino said he was looking for assurance that 24^th Street is going to be done.

He said he would like the ordinance to read 24^th Street and any other streets, as he and the other people on the street no longer have any trust.

Jules Zengewald, North 7^th Street, said he recently attended the graduation ceremonies at the high school and thought they did a terrible job with the track, as the macadam is all chopped up under the bleachers.

Councilwoman Fiamingo explained that Mr. Zengewald needs to go to a Board of Education meeting and voice his complaint, as this governing body had no control over that project.

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.

8:55 P.M.

�� Respectfully submitted,

�� Hedy Lipke

�� Borough Clerk

�

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