Council Minutes from 8/27/2003

REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE BOROUGH OF KENILWORTH HELD ON WEDNESDAY EVENING, AUGUST 27, 2003.� MAYOR MICHAEL TRIPODI PRESIDED.�

ROLL CALL

Roll Call at 8:00 P.M. showed the following Council Members present:� Carmela Colosimo, Kathi Fiamingo, Ed Galasso, and Robert Taylor.� Councilmen Gregg David and Alan Jankunas were 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 Galasso and carried, that the minutes of the Work Session Meeting of July 8^th and the Regular Meeting of July 9, 2003 be dispensed and approved as submitted.� (Copies furnished each Council Member prior to the meeting.)

COMMUNICATIONS AND PETITIONS

Letter from David Brearley Booster Club requesting Mayor and Council to place an ad in their �Fall Sports Program Book�.
Letter from Robert Middleton, 654 Quinton Avenue, concerning a problem with Elizabethtown Water Company.
Letter from Mildred Galasso objecting to the Kenilworth Library�s solicitation of gifts from local businesses for a �tricky tray�.

REPORTS

Police Department Report for the months of June and July, 2003.
Municipal Court Report for the month of July, 2003.
Construction Department Report for the month of July, 2003.
Borough Clerk�s Report for the month of July, 2003.
Fire Department/Rescue Squad Report for the month of July, 2003.
Rahway Valley Sewerage Authority Meeting Minutes of June 19^th and July 10, 2003.

It was moved by Colosimo, seconded by Galasso 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

For Mayor Tripodi�s report, he called forward co-authors Walter Boright and Charles Vitale for the presentation of the new Kenilworth History Book, Part 1.� Mr. Boright noted the third author of the book, Robert Woods and asked Mr. Vitale to say� few words.� Mr. Vitale said that on behalf of the committee and all of those who helped to make the book a reality, he proudly presents this book to Mayor Tripodi.� He said he hopes that he will treasure this book as he will all of his experiences in our wonderful little town.� Mr. Boright said Mayor Tripodi is being presented with a book not only because of his position, but because of� all of his help and cooperation, not only from him but from other Borough Departments such as Ken Grady and Hedy Lipke.� Mayor Tripodi commented that Walter did a wonderful job with the book and said he is now working on a second book.� Mayor Tripodi also announced that there are still some copies of Book 1 available.� He thanked Walter, Charlie and Bob Woods.� Mayor Tripodi announced that the Historical Society will be sponsoring a �Rock to the 50�s� dance on
Saturday, September 27^th at the Kenilworth Veterans� Center and that the proceeds will go to help restore the Nitschke House.

DEPARTMENT OF FINANCE

Councilwoman Fiamingo reported that about a month or so she had requested that all department heads prepare a 5-year capital budget plan and she has received almost all of them.� She said when they are all in they will be reviewed by the committee who will come up with a proposal plan for the future.� Councilwoman Fiamingo said she has spoken to a representative from GSPOPS which is a discount pharmacy plan about the possibility of it being offered to residents.� She said it is her understanding that for a $20. yearly fee residents will be able to get a discount of 10% to 50%, provided that they use a participating pharmacy.� She said she will continue to look into this and report back.� Councilwoman Fiamingo said she was pleased to report that the bond sale was completed on August 19^th and the final interest rate was in the neighborhood of 3.862% and our Moody�s rating was A1.� She also received a report on the potential early retirement incentive program and will be reviewing it with the committee.� She said based on the numbers they have reported, it is her humble opinion that it will be an extremely expensive proposition for this Borough.

DEPARTMENT OF PUBLIC WORKS

In Councilman Jankunas� absence, Mayor Tripodi announced that the sweeper is now up and running.

REPORT OF COMMITTEES (CONT.)

DEPARTMENT OF PUBLIC SAFETY

�Councilman Galasso read the following from the Chief�s summer report:

�� Chief Dowd is requesting that the following residents be appointed as alternate school crossing

�� guards:� Gail Dauber, Karen Jaeckel and Mary Layden.� He reported that the traffic lights were

�� upgraded with the LED type bulbs and the pedestrian crossing signals will be completed in the

�� near future.� The County has notified us that the new traffic lights for the Boulevard went out to

�� bid on August 14^th.� This year, the acquisition of new Patrol Cars will be made through a joint

�� co-op plan with Cranford.� The department has received an �Order to Comply� from PEOSHA

�� pertaining to the water condition in the Detective Bureau.� The department is requesting that the

�� Governing Body pass the ordinance prohibiting parking on Center Street.� In regards to the

�� complaints received about the parking in Borough Lot #1 behind the Senior Center, an ordinance

�� has been prepared by the Borough Attorney and Mayor Tripodi has indicated that he is leaning

�� towards having a public meeting.� Chief Dowd is requesting that this be done as soon as possible

�� so this can be rectified.

DEPARTMENT OF PLANNING, ZONING AND ORDINANCES

In Councilman David�s absence, Mayor Tripodi announced that there is a Planning Board

meeting tomorrow evening.

DEPARTMENT OF FIRE, RECREATION, LIGHTING AND ECOLOGY

Councilwoman Colosimo reported that although the drainage problem at DiMario was worked on, the water under the playground area has now moved to the area by the trees.

She said she spoke to Mike Disko and to do another section of the park, it will be between

$15,000 to $20,000. more.� She said she would like this done so that it does not conflict with the summer park program.� In regards to the roof at the Recreation Center, they received a reasonable quote of approximately $1,000 to repair it and are also looking into the possibility of putting a second floor on the building to alleviate the crowding problem.� She also said that the bathroom will be redone with money received from Community Development.� Councilwoman Colosimo said she also asked Mike Disko to look into the replacement of the back door and we are having a problem with that also.� In regards to the Fire Department, Councilwoman Colosimo said everyone had a nice time at the Carnival.� She said Chief Giordino brought to her attention

that there will be a problem over the next two months providing Fire Department coverage during the day.� Councilwoman Colosimo said she wants the Governing Body to be aware that there is a staffing problem during the day and she will be contacting Schering Plough for their assistance, as well as reaching out to the KMA and Father Joe at St. Theresa�s.

REPORT OF COMMITTEES (CONT.)

DEPARTMENT OF HEALTH, EDUCATION AND WELFARE

Councilman Taylor announced that the Library is winding down their summer reading program which is getting bigger and bigger every year. They recently held two tricky trays, one for the adults and one for the children and they were very well attended. Councilman Taylor congratulated the staff at the Library for a job well done.� He said circulation is up and he just received notification from the State of New Jersey regarding some grant money which may be available for improvements.�� He also announced that one of the employees at the library voluntarily resigned her post.�

BILLS

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

CONSENT AGENDA

Resolutions No. 1 � 11 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 Fiamingo moved that all items under Consent Agenda be approved, seconded by Council Member Taylor.� 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:� WHEREAS� the Assessor of Taxes has determined that Louis Battito who owns property located at 366 Lincoln Drive and known as Block 105 Lot 11 in the Borough of Kenilworth, County of Union, NJ� qualifies for full tax exemption as a 100% disabled veteran, and

�� WHEREAS,� 2003/2004 final bill for this property was generated prior to exempt determination,

�� NOW, THEREFORE, BE IT RESOLVED� that taxes in the amount of

$1,843.60 billed for the year 2003 and 2004 preliminary tax in the amount of $1,767.50 be and are hereby canceled, and

�� BE IT FURTHER RESOLVED� that the Collector of Taxes make said adjustment on the tax record of Block 105 Lot 11 for the 2003/2004 taxes billed.

CONSENT AGENDA� (CONT.)

RESOLUTION NO. 3

Be It Hereby Resolved:� That DANIEL RYAN, Superintendent of Public Works and a Certified Public Works Manager, be designated as the Borough of Kenilworth�s PRINCIPLE PUBLIC WORKS MANAGER as per N.J.S.A. 40A-9-543.6g et seq.

RESOLUTION NO.� 4

Be It Hereby Resolved:�� That the Borough Clerk be authorized to issue the following Raffle Licenses:�� #777 � The Harding School PTO for an On-Premise 50/50 to be held on

�� October 15, 2003

�� #778 � The Harding School PTO for an On-Premise Merchandise Raffle

�� to be held on October 15, 2003

�� #779 � The Kenilworth Historical Society for an On-Premise 50/50 to

�� be held on September 27, 2003

RESOLUTION NO. 5

Resolution appears on the following page.� (Resolution authorizing the Mayor and Municipal

�� Clerk to execute an agreement with the County of

�� Union to Modify the Interlocal Services Agreement

�� dated December 15, 1974 as amended)

RESOLUTION NO. 6

Be It Hereby Resolved:�� WHEREAS,� it has been found that payment of 2003 Third quarter taxes has been made in error.

�� NOW, THEREFORE, BE IT RESOLVED� that the Treasurer after proper notation on the tax account record by the Collector of Taxes be and is hereby authorized to issue a warrant for refund as stated below.

�� BLOCK�� LOT �� PROPERTY LOCATION�� AMOUNT

�� 2�� 14�� 7 Mark Road�� $1837.50

Check Payable to:� Commerce Bank

�� 2000 Crawford Place, Suite 200

�� Mt. Laurel, NJ 08054

RESOLUTION NO. 7

Be It Hereby Resolved:�� That the 2002 Audit Corrective Action Plan submitted by the Chief Finance Officer be and the same is hereby approved, and

�� Be It Further Resolved,� that a certified copy of the 2002 Corrective Action Plan be sent to the Division of Local Government Services.

CONSENT AGENDA (CONT.)

RESOLUTION NO. 8

Be It Hereby Resolved:�� That the Mayor�s appointments of the following as ALTERNATE SCHOOL CROSSING GUARDS for the year 2003 and effective as of September 2, 2003, be

and the same is hereby confirmed:� GAIL DAUBER, KAREN JAECKEL and MARY LAYDEN.

RESOLUTION NO.� 9

Resolution appears on the following page.� (Resolution opposing Senate Bill S-2516 which

�� would prohibit the use of schools as polling places

�� in any election)

RESOLUTION NO. 10

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

�� Vernon Avenue� to Barone Construction &

�� Equipment Corp. � Base Bid & Alt. #1 =��

�� $110,50910)

RESOLUTION NO. 11

Resolution appears on the following page.� (Resolution regarding proposed guidelines for any

�� further meetings on the Railroad Reactivation

�� Matter)

Proposed Ordinance No. 2003-11 was read for a second reading as follows:� (copy appears in the

�� minutes of� July 9, 2003)

�� 2003-11

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

Mayor Tripodi explained that this is the ordinance that establishes raises, along with the addition of a few new positions.

Mayor Tripodi opened the meeting to the public for any questions or comments on Proposed Ordinance #2003-11.

RESOLUTIONS AND ORDINANCES (CONT.)

HEARING ON PROPOSED ORDINANCE NO. 2003-11 (CONT.)

Livio Mancino, North 24^th Street, said the Financial Officer has already been given a substantial raise from $66,000 to $85,000. and now he sees that the range is up to $95,000.� He said this is the highest salary on this ordinance, next to the Police Chief�s.� He said he noticed that the Clerk�s salary has gone up very little.� Mr. Mancino noted that for years the Borough Attorney�s salary was always higher than the Judge�s and now he noticed that the Judge is higher than the Attorney�s.� Mr. Mancino said that usually in other towns, the people who do most of the work get the higher salaries, however, he does not see that here.

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

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 second and final reading and ordered published according to law.

Seconded by Galasso and on roll call unanimously carried.

Proposed Ordinance No. 2003-12 was read for a second reading as follows:� (copy appears in the

minutes of July 9, 2003)

�� ORDINANCE NO.� 2003-12

ORDINANCE AMENDING CHAPTER 190-25 OF THE CODE OF THE BOROUGH OF KENILWORTH � NO PARKING BOTH SIDES OF CENTER STREET

Mayor Tripodi explained that this ordinance will prohibit parking on both sides of Center Street

between North 22^nd and North 24^th Street, on the recommendations of our emergency services departments.

Mayor Tripodi opened the meeting to the public for any questions or comments on Proposed Ordinance No. 2003-12.

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

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 second and final reading and ordered published according to law.

Seconded by Taylor and on roll call unanimously carried.

GENERAL BUSINESS

Mayor Tripodi sadly announced the passing of long time resident and member of the Fire Department, Salvatore Cardella, affectingly known as �Duddy�.� Mayor Tripodi said his condolences go out to the family, who also have provided years of public service to the Borough.

Mayor Tripodi asked for and it was observed, a moment of silence in his memory.��

Councilwoman Colosimo congratulated Mr. Vitale, Mr. Boright, and Mr. Woods on the wonderful job they did with the book.� She said she knows it was a lot of work and it is truly appreciated.�

MEETING OPEN TO THE PUBLIC

Fred Soos, Epping Drive, said a few weeks ago he came to Borough Hall because he saw someone installing sidewalks and belgium block curbing on 20^th Street.� He said he was not aware at the time that there was a stop work order for this job.� He said he called Mike Disko and was advised that it is the wish of the Mayor and Council that whenever curbs are being replaced, it is done with belgium block.� He said that he would like to hear the opinion of the Governing Body.

Mayor Tripodi explained that this will eventually be part of our streetscape project.

Councilwoman Colosimo asked Mayor Tripodi to explain this, as she said she was not aware that the side streets were part of the streetscape project.

Mayor Tripodi said it is in the long term plan.

Mr. Soos said he feels it will look ridiculous and it should be a concrete curb until the whole street is ready to be done, adding that it was done without a permit.� Mr. Soos than said he read an article in the paper regarding the problems the police department are having with the overcrowding and asked what is being done about it.

Mayor Tripodi said he has reactivated the Space Utilization Committee and will be expecting a recommendation from them before the end of the year.� He also said that when ex-Mayor Conrad was here earlier this evening he mentioned that there were proposed drawings made when he was Mayor to expand the Recreation Center and that they should be somewhere in the building.

Mr. Soos reminded Mayor Tripodi that he has asked previously to be appointed to that committee and would still like to be.� He also said that he serves on the Domestic Violence Response Team which covers five communities and they are really hurting for volunteers.� He said they are down to 5 people and if anyone is interested in helping to let him know.

Councilwoman Colosimo asked what is involved in being a member of the Domestic Violence Response Team?

MEETING OPEN TO THE PUBLIC (CONT.)

Mr. Soos explained that when a domestic violence case comes to the Police Department and they request a counsel, a member will go and talk to the people and advise them of what can be done to help them.� He said there is a 40 hour training session, 4 hours a week for ten weeks.� He said it is very gratifying work, as when you talk about domestic violence it is not only husband and wife.� He said it involves seniors, teenagers, and also foreigners, some of whom feel it is ok to beat your wife because they can do it in their country.

Mr. Mancino, North 24^th Street, said that he would strongly recommend that the� fireworks are not held on the Brearley field because they did a visual inspection and there are burn marks and it needs to be re-sodded.� Mr. Mancino said he and his committee are ready to kick-off the Sports Hall of Fame and would like permission from the Council to put plaques up and have a little get-together in the Kenilworth Library. Mr. Mancino said it was his understanding that North 24^th Street was going to be done with or without Community Development funds. He said he wants to know where this project stands now, as he has minutes and witnesses who will confirm that this governing body did say that if we did not get Community Development funds, it would be the first street to be done after the year.� Mr. Mancino asked if he is going to have to start some type of community action or litigation because this is absurd.�

Mayor Tripodi told Mr. Mancino that he had seen an advertisement from Community Development dated August 7^th and it looked to him like 24^th Street was on the list.� He also said that he signed an agreement for this street.� Mayor Tripodi said he would hope that Community Development would notify him if it is not approved because all of the indications are that it is on the list.� He said he would follow up with the County.

Mr. Mancino said he felt Mayor Tripodi must have misread it as it could have said that the application was in but that does not mean it was approved.

Mayor Tripodi found the Interlocal Agreement and read to Mr. Mancino where it said �roadway improvements to North 24^th Street, $85,000�.� He said that he will clarify this.

Mr. Mancino said if this is so, why is our Engineer not acting on it?

Mayor Tripodi explained that the money does not get released until the fall.

ADJOURNMENT

No one else desiring to be heard, it was moved by Taylor, seconded by Galasso 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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