Council Minutes from 7/9/2003

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, JULY 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 and Alan Jankunas.� Councilman Robert Taylor arrived at

8:15 P.M., Councilman Ed Galasso and Mayor Tripodi were 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 David, seconded by Jankunas and carried, that the minutes of the Work Session Meeting of June 24^th and the Regular Meeting of June 25, 2003 be dispensed with and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS

Notice of Tort Claim received regarding Craig Core v. Eric Bullock, et al � concerning a fatal accident on the Garden State Parkway.� Forwarded to our insurance company.
Civil Action Summons received regarding Dana Furchak vs. Police Officer Wayne Fennes, Police Officer Mark Scuderi and the Kenilworth Police Department.� Forwarded to our insurance company.
Letter from Caterina and Fortunato Petracca, 387 Coolidge Drive, contending that the 2^nd floor construction to the house is not intended as a 2 family, but a �Multi-Generation Family Dwelling�.

REPORTS

Municipal Court Report for the month of June, 2003.
Construction Department Report for the month of June, 2003.
Borough Clerk�s Report for the month of June, 2003.
Rahway Valley Sewerage Authority Meeting Minutes of April 17, May 15, and June 12, 2003.

It was moved by David, 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

In Mayor Tripodi�s absence, Council President Fiamingo announced that the Mayor will be holding a public forum on July 15^th at 7:00 P.M. at Borough Hall to discuss the proposed reactivation of the rail line through Kenilworth and neighboring towns.

DEPARTMENT OF FINANCE

Councilwoman Fiamingo announced that the Finance Committee met last week to review the employee policies and will be meeting again soon.

DEPARTMENT OF PUBLIC WORKS

Councilman Jankunas reported that the street sweeper is still being repaired at Timmerman and in the meantime, Superintendent Ryan will be looking into the possibility of borrowing one from the County or a neighboring town.

DEPARTMENT OF PUBLIC SAFETY

In Councilman Galasso�s absence, Council President Fiamingo noted the first reading of an ordinance on the agenda which pertains to the prohibition of parking on both sides of Center Street.

DEPARTMENT OF PLANNING, ZONING AND ORDINANCES

Councilman David read the Construction Official�s report for the month of June which showed total receipts of $19,356. which were broken down as follows:� Building Permit Fees -� $17,622.;

Zoning Registration Fees - $625.; Trust Fees - $909.; and Smoke Detector Fees - $200.

DEPARTMENT OF FIRE, RECREATION, LIGHTING AND ECOLOGY

Councilwoman Colosimo announced that they are almost done fixing the drainage problem down at DiMario Park and read the following report from the Fire Department into the minutes:

�� During the month of June 2003, the Fire Department responded to 30 fire calls; 13 alarms; 2 motor vehicle

�� accidents; 1 hazardous material spill; 2 transformer fires; 3 smoke conditions; 2 electrical fires; 1 oven fire;

�� 1 carbon monoxide alarm; 1 mutual aid call to Union; 1 arson investigation; 2 downed power lines; and

�� 1 ladder rescue.� During these responses, the Fire Department traveled 99 miles and utilized 168 man hours.

�� Captain Soos responded into the town of Elizabeth for an investigation.� During the month f June, the Fire

�� Department/Rescue Squad responded to 45 ambulance calls: 2 motor vehicle accidents; 3 cancelled calls;

�� 1 DOA; 3 fires; 4 mutual aid calls; 1 pediatric; 3 refused medical assistance; 27 sicknesses; and 1 transport.

�� During these responses, the Rescue Squad traveled 225 miles and utilized 90 man hours.� The following is

�� a listing of non-emergency man hours:� administrative � 108; vehicle and equipment maintenance � 33

�� hours; vehicle washings � 16 hours; building maintenance � 10 hours; fire dept. training � 71�� hours;��

�� rescue squad training � 56 hours; and other � 85 hours. 3 Firefighters graduated from the U.C. Fire

�� Academy: Walter Gutzan, James O�Brien, and Travis David.

Councilwoman Colosimo said as anyone can see, the Fire/Rescue Squads are very busy.

BILLS

Consolidated Bill List appears on the following pages.

CONSENT AGENDA

Resolutions No. 1 through 9 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 Chief Finance Officer be authorized to pay necessary bills prior to the next regularly scheduled Council Meeting on August 27, 2003.

RESOLUTION NO. 3

Be It Hereby Resolved:�� That WALTER KRIECK be employed as a Driver/Laborer in the Department of Public Works as of July 21, 2003 at a rate of $16.50 per hour.

RESOLUTION NO. 4

Be It Hereby Resolved:�� Whereas the following properties were granted a senior citizen deduction for the Tax Year 2003;

�� Whereas, it has been found that these properties are not eligible for said deduction for 2003;

�� Be It Hereby Resolved, that the Collector of Taxes remove said deduction and further bill these properties for the following amounts:

�� Block�� Lot�� Property Location�� Amount to Bill

�� 147�� 1�� 176 So. 23^rd Street� �� 250.00

RESOLUTION NO. 5

Resolution appears on the following page.� (Insertion of an Item of Revenue in the Budget

�� of 2003 � Clean Communities Program - $6,787.13)

RESOLUTION NO. 6

Resolution appears on the following page.� (Resolution authorizing the issuance of $3,126,000.

General Obligation Bonds and the sale of said bonds)

CONSENT AGENDA (CONT.)

RESOLUTION NO. 7

Be It Hereby Resolved:�� That the Governing Body hereby approve the TV36 Policies and

Procedures as attached.

RESOLUTION NO. 8

Be It Hereby Resolved:�� WHEREAS,� applications for renewal of Plenary Retail Consumption and distributors and Club Licenses have been filed with the Borough Clerk with their proper fees,� Police Chief William Dowd having approved the renewal of said licenses:

�� NOW, THEREFORE, BE IT RESOLVED that the following Plenary

Retail Consumption License be renewed and granted for the license year 2003-2004:

2008-33-10-04 Ross Brothers LLC, t/a Ross Brothers

Proof has been received that the applicant has paid the $100. filing fee to the Division of Alcoholic Beverage Control.

RESOLUTION NO. 9

Resolution appears on the following page.� (Renewal of Liquor License with Special Conditions

�� of Ross Brothers Bar and Liquors (former Apples

�� Location)

RESOLUTIONS AND ORDINANCES

Proposed Ordinance No. 2003-09 was read for a second reading as follows:� (Copy appears in

�� minutes of June 25, 2003)

�� ORDINANCE 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 THEREFOR AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $202,350 IN AGGREGATE PRINCIPAL AMOUNT OF BONDS OR NOTES TO FINANCE PART OF THE COST THEREOF

Acting Mayor Fiamingo explained that this will allow for improvements on Vernon Avenue and Commonwealth Road.

Acting Mayor Fiamingo opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2003-09.

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

RESOLUTIONS AND ORDINANCES (CONT.)

PROPOSED ORDINANCE NO. 2003-09 (CONT.)

RESOLUTION NO. 10

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 second and final reading and ordered published according to law.

Seconded by Jankunas and on roll call unanimously carried.

Proposed Ordinance 2003-10 was read for a second reading as follows:� (copy appears in the

�� minutes of July 25, 2003)

�� ORDINANCE NO. 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 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.

Acting Mayor Fiamingo opened the meeting for any questions or comments on Proposed Ordinance No. 2003-10.

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

RESOLUTION NO. 11

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 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. 2003-11 was read for a first reading as follows:� (copy attached)

�� ORDINANCE NO. 2003-11

AN ORDINANCE AMENDING ORDINANCE NO. 2002-18 PROVIDING FOR COMPENSATION FOR BOROUGH EMPLOYEES OF THE BOROUGH OF KENILWORTH

Acting Mayor Fiamingo explained that this is an annual ordinance to adjust employees salaries.

RESOLUTION NO. 12

Introduced by Fiamingo who also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2003-11, be and the same is hereby passed on first reading and ordered published for final hearing on August 27, 2003.

Seconded by Jankunas and on roll call unanimously carried.

Proposed Ordinance No. 2003-12 was read for a first reading as follows:� (copy attached)

�� ORDINANCE NO. 2003-12

ORDINANCE AMENDING CHAPTER 190-25 OF THE CODE OF THE BOROUGH OF KENILWORTH

RESOLUTION NO. 13

Introduced by Fiamingo who also moved its adoption.

Be It Hereby Resolved:�� That Proposed Ordinance No. 2003-12, be and the same is hereby passed on first reading and ordered published for final hearing on August 27, 2003.

Seconded by Jankunas and on roll call unanimously carried.

GENERAL BUSINESS

Councilwoman Colosimo said that on this past Sunday there was a very dangerous situation on North 19^th Street, as a power line went down on her neighbor�s car.� She said as soon as she called 911 the Fire Department responded and secured both sides of the street making sure that everybody was safe.� Councilwoman Colosimo said she would like to thank them on behalf of all of the residents on North 19^th Street.

Acting Mayor Fiamingo noted that Councilman Taylor arrived at 8:15 P.M.

Councilman David said he would like to wish his colleagues a wonderful summer and announced that when the hiatus resumes on August 27^th he will not be in attendance as he will be on vacation.

GENERAL BUSINESS (CONT.)

Councilman Taylor said that he would like to announce that there will be a Library Board meeting tomorrow evening.

MEETING OPEN TO THE PUBLIC

No public desiring to be heard.

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.

8:15 P.M.

�� Respectfully submitted,

��

�� Hedy Lipke, Borough Clerk

��

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